Legal
1. Acceptance and Modification of the Terms of Use
1.1 Your access and use of the websites (the “Website”) of HEALTHIE DIAMOND, which includes HEALTHIE DIAMOND’s affiliated companies, are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.
1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.
2. Copyright and Intellectual Property
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of HEALTHIE DIAMOND or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.
3. Use of the Websites
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of HEALTHIE DIAMOND.
3.2 HEALTHIE DIAMOND neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
4. Information Deemed Non-Confidential
4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy. HEALTHIE DIAMOND invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information.
4.2 Any other information or material communicated to HEALTHIE DIAMOND through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of HEALTHIE DIAMOND and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, HEALTHIE DIAMOND is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that HEALTHIE DIAMOND’s use will not violate any third party’s rights. HEALTHIE DIAMOND is under no obligation to use the information provided.
5. Disclaimer of Warranties
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 HEALTHIE DIAMOND DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5.4 Any advise or information, be it oral or written, obtained from HEALTHIE DIAMOND or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.
6. Limitation of Liability
6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER HEALTHIE DIAMOND, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY HEALTHIE DIAMOND), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. HEALTHIE DIAMOND assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 HEALTHIE DIAMOND reserves the right to interrupt or discontinue any or all of the functionality of its Websites. HEALTHIE DIAMOND accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of HEALTHIE DIAMOND or any third party.
7. Change of Information
The content of our Websites may contain inaccuracies or errors. HEALTHIE DIAMOND reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
8. Availability of Products / Services
Our Websites may contain information on HEALTHIE DIAMOND’s worldwide products and services, not all of which are available in every location. A reference to a HEALTHIE DIAMOND product or service on the Websites does not imply that such product or service is or will be available at your location.
9. Links
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by HEALTHIE DIAMOND. HEALTHIE DIAMOND shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of HEALTHIE DIAMOND.
10. Miscellaneous
10.1 The present Terms of Use embody the entire agreement concluded between HEALTHIE DIAMOND and yourself concerning the access and the use of the Websites and their content. Any other terms or conditions issued by HEALTHIE DIAMOND and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.
10.2 The fact that HEALTHIE DIAMOND tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
10.3 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and HEALTHIE DIAMOND.
10.4 Content on HEALTHIE DIAMOND website and social media contains images and designs by Freepik, used with attribution.
10.5 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.
© 2021 HEALTHIE DIAMOND. All rights reserved.
HEALTHIE DIAMOND MARKETING (M) SDN. BHD. PRIVATE POLICY
NOTICE UNDER THE PERSONAL DATA PROTECTION ACT 2010
This Privacy Policy Statement is issued by Healthie Diamond Marketing (M) Sdn. Bhd. (trading under the “HEALTHIE DIAMOND” brand) pursuant to the Personal Data Protection Act 2010.
The Privacy policy statement states how we collect, use and disclose your personal information. The personal information which you have provided or provided to us now or collected by us now and from time to time will be used, managed and disclosed by us in accordance with our Privacy Policy Statement stated herein below.
1. DEFINITIONS:
“Us”, “our” and/or “we” means HEALTHIE DIAMOND MARKETING (M) SDN. BHD. (1517939-H) and/or any company, organization, body corporate, and/or entity forming any part of HEALTHIE DIAMOND MARKETING (M) SDN. BHD. (1517939-H) and shall include our agents, employees, contractors, and sub-contractors;
“PDPA” means Personal Data Protection Act 2010 (Act 709) and any and all subsidiary legislation, regulations, and/or orders made thereunder and as may be supplemented from time to time and any guidelines and/or directives issued by any relevant authority;
“Personal data” has the meaning assigned to it under the PDPA;
“Processing” shall have the meaning assigned to it under the PDPA; and
“Products and/or services”means any products, goods, items, services, websites, applications provided by us.
2. CATEGORY OF PERSONAL DATA COLLECTED BY US
The category of personal data collected and/or processed by us or by parties acting on our behalf will include (but will not be limited to):
(i) your name, identity card number, passport number, nationality, race, birth date, age, gender;
(ii) address, telephone number, e-mail address;
(iii) designation, company name, bank account, salary & income tax number; and
(iv) any other personal data required for the purposes as set out below.
3. PURPOSE OF COLLECTING YOUR PERSONAL DATA
We may process your personal data for the following purposes:-
(i) To provide you with products and/or services and any other purpose relating to our provision and/or your usage of said products and/or services;
(ii) To maintain proper records and verification purposes;
(iii) To communicate/contact with you;
(iv) To confirm, update and enhance your records;
(v) To respond to any queries;
(vi) To operate your Account with us (if any);
(vii) To carry out market research and/or statistical analysis;
(viii) To conduct marketing and promotion;
(ix) To conduct audits, investigations, or any other inquiry;
(x) To carry out any action provided for by law or required by an authority;
(xi) To send materials such as newsletters, articles and any updates on our products and/or services;
(xii) To distribute information or details of events or seminars which may be of interest to you; and
(xiii) To achieve any other purpose which, in our estimation, is necessary and/or reasonable in the circumstances.
4. RIGHT OF ACCESS AND CORRECTION
You have the right to request access to and to request correction of your personal data. By providing you the product and/or services from us, you consent to the processing of your personal data by us and all persons involved in the provision of the product and/or services.
5. RIGHT OF DISCLOSURE
We may disclose your personal data to the following parties which may be located within or outside of Malaysia:-
(i) A party to whom disclosure is provided for under law or required by an authority;
(ii) A company related to us;
(iii) Our business partners, agents, employees, contractors, sub-contractors, service providers, and suppliers;
(iv) Auditors, consultants, accountants, lawyers, or advisors; and
(v) Any other party to whom disclosure is, in our estimation, necessary and/or reasonable in the circumstances.
6. RIGHT OF REFUSAL OR TO LIMIT
You have the right to refuse or limit our processing of your personal data. To exercise this right, please contact us using the contact information provided in this document.
If you do not consent refuse or limit us processing your personal data for the purposes listed in Section 3, please notify us as per the contact details in Section 11.
Note that your exercise of the aforesaid right may have effects on our provision of the products and/or services (such effects may include the non-provision of the products and/or services) to you and we are not liable for any loss, damage, or any other liability resulting directly or indirectly from such effects.
7. NON-PROVISION OF PERSONAL DATA
Failure by you to provide or disclose sufficient personal data may have effects on our provision of the products and/or services (such effects may include the non-provision of the products and/or services) to you and we are not liable for any loss, damage, or any other liability resulting directly or indirectly from such effects.
8. DATA INTEGRITY
You are responsible for ensuring that the personal data that you provide us is accurate, complete and not misleading and that such personal data is kept to date. We may request your assistance to procure the consent of third parties whose personal data is provided by you and you agree to use your best endeavours to do so.
9. INCONSISTENCY
In the event of any inconsistency between the English version and the Bahasa Malaysia version of this notice, the English version shall prevail over the Bahasa Malaysia version.
10. RIGHT TO VARY
We shall have the right to modify, update or amend the terms of this Notice at any time by placing the updated Notice on our website. By continuing to communicate with us or by continuing to use our products and/or services following the modifications, updates or amendments to this Notice you signify your acceptance of such modifications, updates or amendments.
1. SALES ORDER TERMS & CONDITIONS
1.1 Each order placed with HEALTHIE DIAMOND or any of its affiliated via the internet shall be governed by the existing Terms & Conditions. They shall apply to the exclusion of all other terms and conditions. By placing an order, the Member acknowledges that he has read, understood and accepted, without reservation, the Terms & Conditions.
1.2 By using this website, the Member also accepts and agrees to be bound by our Terms of Use and Internet Privacy Policy. HEALTHIE DIAMOND advises the Member to read them carefully before using the services provided on this website.
1.3 HEALTHIE DIAMOND reserves the right, at any time, to revise the existing Terms & Conditions by posting the revised version on this website. By placing an order after HEALTHIE DIAMOND has revised its Terms & Conditions, the Member agrees to be bound by them.
2. SALES ORDERS
2.1 By placing an order via this website or form, the Member makes an offer to purchase the Products he has selected under these Terms & Conditions.
2.2 Orders which a Member has placed with HEALTHIE DIAMOND via this website or form are subject to the minimum quantity limitations.
3. Order Confirmation
3.1 The order which a Member places via this website will not constitute a binding contract unless and until HEALTHIE DIAMOND transmits a confirmation by e-mail or SMS.
3.2 HEALTHIE DIAMOND reserves the absolute right to refuse orders should there be insufficient order value in the Member’s account
3.3 The data registered by HEALTHIE DIAMOND constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
4. PRICES
4.1 The prices payable for the items the Member has ordered are those displayed on this website on the date the Member places his order, excluding delivery charges.
4.2 Delivery charges will be billed at the rates indicated on this website on the date the Member places his order. The delivery rate will be calculated based on the quantity of the order and the delivery method the Member selects.
4.3 HEALTHIE DIAMOND reserves the right to revise its prices and delivery charges at any time and to cancel a contract in case of error in writing, printing or calculation.
5. DELIVERY
5.1 All orders confirmed by HEALTHIE DIAMOND will be delivered to the delivery address the Member specifies when placing his order.
5.2 The Member shall be fully responsible for additional charge for re-delivery of goods that have been returned due to reasons such as no such recipient, no such address, and the recipient has shifted etc or any other reasons of non-delivery.
5.3 HEALTHIE DIAMOND will do its utmost to ensure delivery within 7 – 10 working days after receipt of an order.
6. Return Policy
6.1 Returns must be done within ten (10) working days starting from the day the goods are delivered to you. You may return your order (or items) for any of the following reasons:
6.2 You received the wrong item in your package or the item has a manufacturing defect (excluding goods marked as display set items or clearance goods).
And the general requirements for returns are as follows:
6.2.1 You have proof of purchase (order invoice number and receipt).
6.2.2 The goods must be in new condition and returned in the original selling condition and unopened packaging along with all original accessories (including manuals, warranty cards, certificate of authenticity) and any free gifts, vouchers received with it.
6.2.3 The product must not have been used or installed or had any data inputted.
6.3 Under what conditions is/are the product non-returnable:
6.3.1 The item was purchased for someone else who simply does not want it.
6.3.2 The item has no defects. You’ve changed you’re mind because of wrong selection, colour, size, model or specification, product not meeting expectation; or simply found it cheaper elsewhere.
6.3.3 Defaulted on payment for item.
7. Terms and Condition
HEALTHIE DIAMOND reserve the right to vary and/or revise any existing terms and conditions at any time by publishing a new version.
HEALTHIE DIAMOND MARKETING (M) SDN. BHD. (1517939-H)
Lot1.03, First Floor, South City Plaza,
Persiaran Serdang Perdana,
Taman Serdang Perdana,
43300 Seri Kembangan, Selangor.
1. HEALTHIE DIAMOND Marketing Sdn Bhd ([202301024016(1517939-H)] (“the Company”) is hereby the proprietor of the “BA License”.
2. You must be a Malaysian Citizen age 18 and above.
3. You are required to attend and complete the 2-Days New HEALTHIE DIAMOND BIZ DIRECTOR (BA) training program.
4. You are agreeable to attend and participate in the HEALTHIE DIAMOND BD meetings, seminar, workshop , and activities organised by the Company.
5. You are allowed to conduct your business only at the approved channels which is approved by the Company. Any other channels other than they ones approved by the Company will required a consent and approval of the Company.
6. Your are strictly not allowed to conduct any business activities at but not limited to any Online Sales Channels, Digital Social Media platforms and those of similar.
7. You agree to strictly promote the product at the price set by the company. In the event of non-compliance, you agree to pay the company at five times the price difference of the product as a penalty.
8. You are entitled to earn commissions from the sale of the Company’s approved and authorised products according to the commission schedule as set by the Company.
9. You are agree company reserves the right to variations of the commission/Rewards/Bonus fees schedule/ scheme from time to time as it deems fit without any prior given notice.
10. You are required to act in full faith and honesty at all times in your dealings and representations with and for the company’s products.
11. You are agree and promise not to make any representations or give any warranties other than the those expressly given by the Company.
12. You are not allowed to alter, remove or tamper with the contents or the packaging of the Products and will maintain and manage the Products in good condition at all times.
13. You are required and commit to complying and conform with all laws, regulations, rules, orders and by laws issued by the Malaysia government relevant authorities applicable to the selling of the Products and shall indemnify and keep the Company harmless against all loss suffered in the event of any seizure of the Products arising from non-compliance by the HEALTHIE DIAMOND BIZ DIRECTOR (BD) of such law, regulations, rules, orders and/or by laws.
14. You are required to use your best endeavors to promote and extend the sales of the Products to all potential customers and work diligently to obtain sales from such customers.
15. You are agree not to make any willful or negligent representations or undertaking in respect of the Company to any purchasers and shall indemnify the Company for any loss or damages representation or undertaking.
16. You are not allowed to use any trademark, trade name, brand name, business name, trade logo or any symbol belonging to the Company without the prior written consent of the Company.
17. You are required at all times to maintain secrecy of any material information such as marketing information and the business plan information and shall not divulge the same to any third party without prior written consent from the Company.
18. The Company reserves the right to take appropriate actions if the HEALTHIE DIAMOND BIZ DIRECTOR (BD) is found to have breach any of but not limited to the above terms and conditions.
19. The Company reserves the right to nullify and void all HEALTHIE DIAMOND BIZ DIRECTOR (BD) rights and benefits if they are to have breach any of but not limited to the above terms and conditions.
20. The period of this BIZ DIRECTOR(BD)License is One Year, you agreed to renew the license by complied all rules and regulations and paid a renewal fee set by company.
21. You are agreeable to pay the Yearly License fee for the HEALTHIE DIAMOND BIZ DIRECTOR (BD) LICENSE at RM500
22. You are agree company reserves the right to variations of the Yearly License fee from time to time as it deems fit without any prior given notice.
23. The Company reserves the right to change the above terms and conditions from time to time as it deems fit without any prior given notice.
24. Company reserves all rights not expressly granted herein.
Free Gifts & Entitlements
1. The Company has the rights to substitute any of the Free Gifts Products awarded under the HEALTHIE DIAMOND BIZ DIRECTOR (BD) | Plan with another product of similar value at any time without prior written notice given.
2. The Free Gift Products awarded is not applicable for exchange to cash considerations.