1.1 Agreement
These Terms of Service are a legal agreement between you and MVP Smartlife Sdn Bhd (MVP). They apply to MVP’s provision and your use of MVP’s content platforms, sites, applications and services referred henceforth as Rafiki THE MAKER ( Rafiki THE MAKER ). Your access to the services is permitted by MVP on the basis that you have accepted these terms, and in consideration for that acceptance.
If you do not agree to the terms, you are not permitted to access the services in any manner. If you do access the services (whether you make use of them or not), you are deemed to have agreed to these Terms in their entirety. Your agreement with MVP includes any specific additional terms and policies that apply to any specific services that you use.
1.2 Site
If you are dissatisfied with Rafiki THE MAKER Application or services, your sole and exclusive remedy is to stop using the services, except for the limited warranties offered by Rafiki THE MAKER or as otherwise expressly stated in this Agreement.
1.3 Minors
MVP strongly advises that no user under 18 years of age (or the age of majority within the country you reside) should access Rafiki THE MAKER Services, and any parent or guardian that considers doing so on behalf of a minor consider the terms herein carefully.
2.1 Eligibility
The following criteria must be met by an Applicant to be eligible for consideration of membership to Rafiki THE MAKER:
(a) The Applicant must be sponsored by an Affiliate that is a current Member of Rafiki THE MAKER;
(b) The Applicant must be at least 18 years of age;
(c) The Applicant must have submitted a complete Member application form online on Rafiki THE MAKER Application;
(d) The Applicant must not be an officer or employee of MVP, its subsidiaries, or related entities.
2.2. Acceptance of Membership
MVP has the unfettered right to accept or reject any Application as it deems appropriate in its discretion, without having to provide justification or reasons to the Applicant for either the acceptance or rejection of the Application.
2.3 Member Access & Commencement
The Applicant becomes a Member when the Application for Membership is accepted and upon the information of the Application being entered into Rafiki THE MAKER records. Until then, the Applicant is not permitted to subscribe and refer Rafiki THE MAKER Services. Access to Rafiki THE MAKER Website after registration does not mean the applicant’s Membership has been accepted nor that an application will be considered for acceptance.
2.4 Term of Membership
The Term of membership commences from the date of the Applicant’s membership approval and registration on Rafiki THE MAKER records and continues until otherwise terminated by the parties in accordance with the Terms of this Agreement (The Term).
3.1 Access to Rafiki THE MAKER Services
Members will have access to Rafiki THE MAKER Application and will have access to a range of Rafiki THE MAKER Services as part of a free or paid plan, as made available by MVP in its sole discretion from time to time. The prices established on Rafiki THE MAKER Application are exclusive membership prices that are the confidential information of Rafiki THE MAKER for the knowledge and awareness of Members only.
3.2 Minimum Purchase Requirement
There is a variety of membership packages bundle with selected products as a joining fee to become an Affiliate Member of Rafiki THE MAKER. Upon acceptance of a Member application and being successfully registered in the records of Rafiki THE MAKER as a Member, the Member will be provided with an Affiliate ID for its use for other potential Members that seek to join Rafiki THE MAKER. Affiliate IDs must be used in strict compliance with the Terms of this Agreement. Membership fees are listed on Rafiki The Maker Application in a form of membership package bundle with selected products. MVP reserves the right to review and change the Membership fees as deemed necessary from time to time.
3.3 Compensation Plan
During the term of this Agreement and providing membership to Rafiki THE MAKER is current, Rafiki THE MAKER Members will have access to the Compensation Plan in accordance with the information made available at:
Compensation Plan URL
Or as otherwise provided by MVP from time to time. The Compensation Plan is subject to change as MVP in its unfettered discretion deems appropriate from time to time and includes but is not limited to MVP;
(a) Changing the way that commissions are earned;
(b) increase or cancel commissions in whole or in part;
(c) forfeit, cancel or suspend commissions, awards or points in whole or in part;
Benefits under the Compensation Plan are being awarded to a Member when
(d) The Member subscribes to Rafiki THE MAKER Services;
(e) The Member refers other member to Rafiki THE MAKER who become Rafiki THE MAKER Members; and
(f) The referred Member is linked to the Affiliate ID of the referring Member and;
(g) The referred Member completes a purchase of one Rafiki THE MAKER Paid Service or products.
The Member is responsible to ensure that any of its referred Members use the referring Member’s Affiliate ID. MVP takes no responsibility to ensure that the Affiliate ID provided when a referred Member joins is accurate, or connected with the referrer Affiliate ID. Benefits are awarded as specified in the Compensation Plan. These benefits, commissions and awards are not transferable between Members or to third parties. Members can only claim the benefits specified in the Compensation Plan during the term of the Agreement and while being a current Rafiki THE MAKER Member. The benefits under the Compensation Plan are not proprietary to the Member and cannot be claimed as the Member’s property. The benefits indicate an amount that will be paid by MVP to the Member as a reward for referrals or purchases connected with the referring Member’s Affiliate ID. Members must accept the benefit in the form that is provided to it by MVP and cannot exchange, supplement or convert an award for a monetary payment without the express written authority of MVP.
3.4 Membership Access & Referral Licence
Members are granted a revocable, non – exclusive, non-assignable, limited referral licence to recommend and refer Rafiki THE MAKER Services within the territory of Malaysia for the period that the Membership and this Agreement remains in effect. Members however, are required to:
(a) Act in good faith at all times towards MVP and provide such assistance and cooperation as requested by MVP from time to time;
(b) Ensure that any referrals for purchase are directed to Rafiki THE MAKER application to become Members are genuine subscribers of Rafiki THE MAKER Services;
(c) Deal ethically, honourably and fairly with subscribers of Rafiki THE MAKER Services;
(d) Provide to potential customers true, complete and accurate information in a professional and courteous manner and in accordance with any product instructions, technical information, or usage directions as specified on products packaging and/or any accompanying documentation;
(e) Advise their customers of any necessary precautions needed to be taken prior to use of any Rafiki THE MAKER Services;
(f) Abide by all laws within the jurisdiction of which it resides;
(g) Stay informed and comply with Rafiki THE MAKER policy, rules, requirements, documentation and Member responsibilities at all times and as specified by MVP from time to time;
(h) Maintain in strict confidence the pricing policy and other Member information relating to products and services made available to Members on Rafiki THE MAKER application;
(i) Comply with all lawful and reasonable requests of MVP;
(j) Comply fully with each of the terms of this Agreement and any policy, rules or regulations of Rafiki THE MAKER as it provides from time to time;
(k) Promptly inform and report conduct of other Members that the Member reasonably suspects or knows is a breach of this Agreement as soon as the Member view is formed or as soon as the breach becomes known to the Member.
4.1 Use
You are responsible for your own access and use of Rafiki THE MAKER services and accept the following terms:
(a) After you have created an account with Rafiki THE MAKER, you may use the application to search, view content and products, purchase products and interact with the material made available;
(b) MVP has the right to make any changes to the services and products at any time, including any action to modify, amend, suspend or discontinue all of or any part of the services or products within MVP’s discretion and without notice;
(c) Usage of the Rafiki THE MAKER Application and Services is for personal use only and is not to be used for any other purpose other than the purpose established by this Agreement;
(d) You are responsible to ensure the safety and compatibility of the services and products provided by Rafiki THE MAKER for your own usage, consumption or dealing;
(e) You acknowledge that your Member account is not a secure data storage facility for primary information that you wish to retain. MVP reserves the right to delete content stored using Rafiki THE MAKER application at any time without notice. If you want to secure your Content, you should take other measures to ensure safe and secure storage of your Content.
4.2 Application Availability
MVP does not guarantee that Rafiki THE MAKER Application or Services will always be available, work, or be accessible at any particular time. Further, only users who are eligible to use our services may do so, and MVP reserves the right to limit access to or terminate the service and Membership of anyone without limitation.
5.1 Actions Not Permitted
MVP prohibits the use of Rafiki THE MAKER Application and Services and its Intellectual Property in any manner other than as expressly allowed by MVP in the terms of this Agreement. You agree that you will not do any of the acts specified below and without limiting the rights MVP may have, you agree that MVP may suspend, terminate or delete your Membership account immediately and without notice if:
Payment
(a) You charge or attempt to charge a fee to prospective Rafiki THE MAKER Members in exchange for any of the following:
i. Sponsorship of a Member application;
ii. An offer of assistance of a prospective member in application of membership to Rafiki THE MAKER;
iii. Training or information to a prospective Member or Customer on the products and services of Rafiki THE MAKER;
iv. Admission tickets or invitations to attend seminars, meetings or other informational events;
v. For any other action that relates to obtaining information about Rafiki THE MAKER Membership or Services.
True Information
(b) You lie or mislead MVP (and, in some circumstances, other Members) about your personal details that you provided in your Membership Application;
(c) You attempt to register more than one Membership with Rafiki THE MAKER under a different identity, including a business name or company name;
Registration of Another
d) Registering or applying for membership with Rafiki THE MAKER of another person without their express written consent or the express written consent of MVP;
Spouse or De-facto Registration
(e) Register your spouse or de-facto partner as a separate Membership application or fail to disclose that you have a spouse or de-facto partner in your Membership application process;
Mis-representation or Mis-statement
(f) Mis-represent, mislead, or mis-describe Rafiki THE MAKER services or Membership benefits to third parties, prospective members or prospective customers;
Member Pricing Confidential to Members
(g) Disclose Rafiki THE MAKER Membership prices to any non-Member of Rafiki THE MAKER;
(h) Disclose Rafiki THE MAKER service information to any non-Member that is not authorized Rafiki THE MAKER promotion material without first obtaining the prior and express written consent of MVP;
Use of Brand, Logo and Materials
(i) Use the trademark, logo or other Intellectual Property of MVP in any way that is not expressly authorized in the terms of this Agreement;
Selling Products
(j) Sell or attempt to sell Rafiki THE MAKER products or services using any method that is not through the official Rafiki THE MAKER Application (or other official MVP forum) or that is not expressly authorised by the terms of this Agreement or as otherwise authorised to in writing by MVP from time to time. Prevented methods of sale include (but are not limited to):
i. Non-MVP official and approved websites or online forums, including but not limited to:
• Bidding or auction sites (such as but not limited towww.ebay.com), social media forums (such as but not limited to Facebook, Twitter, Instagram, Snapchat etc.) other websites such as Amazon or other similar sites;
• Social smart device applications such as but not limited to WhatsApp, WeChat, Telegram, Facebook Messenger etc. or requesting another party to do so on your behalf;
• Blogs or websites that are owned or controlled by you and includes any business or company website;
• Requesting non-MVP approved websites to host products services or Sponsor ID for display, publication or sale;
ii. Retail sales environments such as shopping centres, markets, pop up stalls or shops, street vendors, public areas (such as public streets or car parks). Or other similar locations;
iii. Personal places of residence, such as your house, or the house of a family member or friend;
iv. Any other method MVP deems prohibited in its discretion from time to time.
Conduct between Members and Customers
(k) You stalk, harass, threaten, defame, abuse, racially or sexually vilify, bully or harm another individual or Member of MVP;
Transactions between Members
(l) Enter unauthorized transactions or illegal transactions of any kind, including transactions that may occur between Members;
Competing Products and Services
(m) Sell or represent to current and prospective customers of Rafiki THE MAKER services that may reasonably be regarded as products or services that compete with Rafiki THE MAKER services;
Joining Non-approved MLMs
(n) Accept membership of, apply for, or be a member of any other Multi-Level Marketing business which has not been approved by MVP during the Term of this Agreement and your Membership.
Forcing Sales
(o) Encouraging or promoting Member down lines or consumers to purchase products in a manner that may be reasonably regarded as coercive, excessive pressure or in a manner that is not genuine promotion for the sale of products or services for the dominant purpose of consumer consumption;
(p) Represent that the purchasing of products or payment of subscription is necessary to become a Member of Rafiki THE MAKER or to obtain information about Rafiki THE MAKER services.
Changing of Sponsor
(q) Changing or attempted changing of sponsors without the express written authority of MVP;
(r) Enticing offering, soliciting, influencing or persuading another Member to change or attempt to change their Sponsor or line of sponsorship.
Respect Member Customer Lines
(s) Recruiting or attempted recruiting of customers or Members or prospective customers or Members that have been introduced to Rafiki THE MAKER by, or consist of the sales lines of, another Member;
Alteration of Information, Products or Services
(t) alter, modify or change any of the products or services of Rafiki THE MAKER (including packaging, accompanying information, and instructions) in any manner (including attempted alteration, changes or modifications) without the prior written authority of MVP.
Genuine Purchases
(u) purchase products or services with the dominant purpose of benefiting from the Compensation Plan;
No Broad Advertising and Promotion
(v) Not promote publicly or publish invitations to meetings, invitations to learn about Rafiki THE MAKER and its services, information about MVP or its products or services with the purpose of inducing or soliciting Membership.
6.1 Meaning of Intellectual Property
Intellectual Property means all copyright, trademark rights, logo, patent rights, design rights or any other Intellectual Property Rights subsisting in or created during the development of the products, Rafiki THE MAKER Application, MVP Company, and the trademarks and any advertising and promotional materials provided to the Member including software, Confidential Information, source and object codes, scripts, records, documents, advertising and promotional materials, media content, specifications, plans, program listings, calculations or drawings and all Confidential Information necessary for, or which may be used in connection with the administration, operation and marketing of Rafiki THE MAKER services.
6.2 Use
The Member agrees that all rights in and relating to the Intellectual Property are and remain the property or under the control of MVP and that the Member does not acquire any right, title or interest in any of the Intellectual Property. The Member must:
(a) Not register or seek to register any of the Intellectual Property without the prior written consent of MVP;
(b) Not cause any of the Intellectual Property to be prejudicially affected or contested;
(c) Not use the Intellectual Property without the prior express written authority of the Member;
(d) Not make any alterations to the Intellectual Property;
(e) Not use the MVP brand name or any derivative of the words comprising the MVP brand name, in the Member’s business, or personal domain names;
(f) Stop using the Intellectual Property upon the termination of this Agreement or Membership, or at the immediate request of MVP;
(g) Not modify the design, appearance and attributed of any products or services, packaging, promotion or marketing materials;
(h) Not register or attempt to register a business name or company name that contains the words "Rafiki THE MAKER" and "MVP" or any combination of words that indicates a connection with or is similar to Rafiki THE MAKER or MVP.
(i) Not consent or oppose or assist any other person to contest or oppose any application for registration of the Intellectual Property as trademarks or as business or company names.
(k) Not reproduce, in whole or in part, any printed material or audio or visual recordings that have been produced by MVP unless given prior written authorization to do so by MVP. These materials are protected by copyright form part of the Intellectual Property whether registered or unregistered and are considered proprietary to MVP.
7.1 Confidential Information Meaning
"Confidential Information" means:
(a) The ideas, techniques, systems, processes, trade secrets, designs, inventions, methodologies and procedures developed by the Employer;
(b) Any information regarding MVP relating to their business and business processes, including financial information, accounts, financial records, customer records, business plans, pricing, customer lists and all associated information; and
(c) All reports, proposals, memoranda, drawings, diagrams, statements, accounts and other documents created during the course of the Executive’s employment; but does not include information that is already in the public domain at the time this Agreement is executed or which subsequently falls into the public domain lawfully and through no breach of any duty of confidentiality.
7.2 Prohibited Conduct
The Member agrees that:
(a) It will not use the Confidential Information to conduct or establish a business or assist another to establish or conduct a business that is similar to the business of Rafiki THE MAKER in concept, design or execution without first obtaining the prior written approval of MVP.
(b) It will not disclose the Confidential Information to any other party without the prior written authority of MVP;
c) it will take all reasonable steps to ensure the safety and integrity of the confidential information to prevent it from disclosure to any unauthorised party;
(d) It will, on demand of MVP, return any confidential information supplied by MVP to the Member in connection with Membership and this Agreement;
(e) This clause survives termination of this Agreement.
The Member agrees that:
(a) If the Member actively conducts promotion of Rafiki THE MAKER with a view to earning benefits under the Compensation Plan, the Member does so as an independent contractor and is responsible for its own business affairs that include but is not limited to:
(i) Establishing customer leads and maintenance of its own customer information;
(ii) Setting its own objectives, strategies and scheduling;
(iii) Obtaining, insuring, and usage of any necessary equipment, products or services;
(iv) Uniforms or other suitable attire;
(v) Any expenses connected with operational costs, licensing, insurance and other incidental items;
(vi) Payment and account of any applicable taxes including any GST liabilities or payment and taxes connected to receipt of any Compensation Plan awards, commission payments or other benefits.
(b) That the relationship between MVP and the Member is not one of partner, principal and agent, employee, franchisee, joint venture, securities holder, fiduciary or beneficiary;
(c) That it does not have the power or authority either directly or indirectly or through its servants or agent (if any) to bind MVP with a customer or other third party or otherwise contract or negotiate or attempt to enter a binding relationship for or on behalf of MVP.
The Member agrees that:
9.1 Information Reliance
All information supplied has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, improve, benefit, cure, or prevent any disease, medical condition, or health concern or physical goals. No warranty is made that any information on or linked to Rafiki THE MAKER Application is complete and/or accurate. All information contained on Rafiki THE MAKER Application, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form and must be purchased and used or consumed in consultation with medical or professional heath care advice.
9.2 Must Seek Advice
Professional advice is required for each particular illness, disease, infection, injury or other medical or health condition and for dosages or usage instructions in relation to any health related product or service made available for sale on Rafiki THE MAKER Application. This information is not to be taken as any sort of medical advice whatsoever, and the Member takes full and total responsibility for what the Member does with this information, and any resulting outcomes from the Member’s actions. Members must also consult with their physical health care provider prior to the purchase and use of the MVP products or services available on Rafiki THE MAKER Application.
9.3 No Substitute for Advice
The information contained in this site is not intended nor is it implied to be a substitute for professional medical or health advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health care provider when starting any new medical treatment, dietary plan, dietary consumption, usage of product, physical exercise or activity, continuing with medical treatment or with any questions you may have regarding yours or any other parties medical or physical condition. NOTHING CONTAINED IN THE SERVICE OR RAFIKI THE MAKER WEBSITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT OR HEALTH AND WELL BEING ADVICE OR INFORMATION OR THAT THE USAGE OF PRODUCTS AVAILABLE ON RAFIKI THE MAKER WEBSITE ARE SAFE FOR YOUR PERSONAL USE.
9.4 No Guarantee of Results
MVP does not guarantee that any specific or beneficial result will be obtained from use of Rafiki THE MAKER Services, purchase of MVP products, or promotion or referral of customers to become Members and purchase MVP products.
9.5 Action by You
If you notice any adverse, detrimental, negative or concerning changes to your physical, mental or emotional health upon accessing MVP services and products, you will seek the attention of your independent health care professional immediately.
9.6 Testimonials
Any testimonials displayed on Rafiki THE MAKER Application or MVP company website may not reflect the results that you may achieve. Results may vary, and your experience may not be similar to the experience of the user testimonials.
9.7 Acceptance of Risk
You acknowledge and accept that the purchase and use of Rafiki THE MAKER Services and MVP products may expose you to risk of physical harm when used or consumed. You purchase and use the product having considered and accepted the potential risks and are responsible for any adverse consequences that may occur.
The Member agrees that:
10.1 EXCEPT AS EXPRESSLY STATED HEREIN THIS AGREEMENT, MVP MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON RAFIKI THE MAKER WEBSITE OR OTHER FORUMS EXCEPT AS EXPRESSLY STATED HEREIN.
MVP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON RAFIKI THE MAKER APPLICATION, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT FOR THE 'CONSUMER GUARANTEES' ("THE LAW") OUTLINED IN THE CONSUMER LAW IN MALAYSIA. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MVP ARISING FROM ANY PRODUCT SOLD ON RAFIKI THE MAKER WEBSITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL MVP’S DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE PRODUCT SOLD.
10.2 TO THE EXTENT PERMITTED BY THE LAW, THAT OUR LIABILITY IS LIMITED AT OUR OPTION TO ANY ONE OR MORE OF THE FOLLOWING:
In the case of products or goods -
The goods or the supply of equivalent goods;
(ii) Replace the product or obtain an exchange of equivalent goods if the quality of the product is questionable (excluding postage);
In the case of services -
(iv) The supplying of the services again; or
(v) The payment of the cost of having the services supplied again.
The Member agrees that:
11.1 Claim Meaning
"Claim" means any and all claims, suits, causes of action, liability (including taxation liability), loss (including consequential loss), damages, demand, claim of awards or benefits under the Compensation Plan, allegation, debt, costs and expenses (including legal fees on an indemnity basis and other professionals’ and experts’ fees, and court and arbitration costs), proceeding or demand of any nature how soever arising, whether present or future, fixed or uncertain, actual or contingent, known or unknown or whether at law (including breach of contract and tort of negligence), in equity, common law, under statute, or otherwise.
11.2 Exclusion of Liability & Indemnity of MVP
The Member at all times will indemnify MVP and their officers, employees, agents, suppliers and licensors in respect of any claims that is suffered or incurred by them arising in whole or in part out of or as a result of a breach of the Terms of this Agreement terms or due to any unlawful conduct committed by the Member including a breach of Intellectual Property Rights of third parties.
11.3 MVP is not liable to any Member in respect of any Claim of a Member as against MVP that arises in connection with this agreement.
and the Member holds harmless and keeps indemnified MVP against any and all claims at all times.
The Member agrees that:
12.1 Lawful Conduct
The Member will always conduct itself in a manner that is compliant with the laws of the jurisdiction of which it resides or conducts business activity within;
12.2 Positive Conduct
The Member will not conduct itself in a manner that MVP in its absolute discretion regards as being a risk of bringing MVP into public disrepute, and the Member will endeavour to conduct itself in a manner that presents a positive image for MVP and its products and services.
12.3 Non-disparagement
The Member will not in any way, whether in writing, orally or otherwise, call into disrepute, slander, defame or otherwise criticize MVP or any of its directors, officers, staff, employees, agents, MVP products or MVP services.
The Member agrees that:
13.1 Suspension
MVP may in its unfettered discretion and without prejudice to any rights it has under this Agreement (including termination), suspend, or alter any rights or benefits contained with Membership to Rafiki The Maker including but not limited to purchasing of products and services, referral rights, suspension of rights granted via the Compensation Plan, non-payment of Compensation Plan benefits, non-awarding of Compensation Plan points or cancellation or suspension of any bonus payments or awards and may do so for any period of time and for any amount or value that MVP determines appropriate in its absolute and unfettered discretion.
The Member agrees that:
14.1 Termination by MVP for Breach
The Member agrees that MVP, without prejudice to any other rights it may have under this Agreement or at law, may terminate this Agreement immediately by written notice if the Member is in breach of any term of this Agreement.
14.2 Termination by MVP Without Cause
The Member agrees that MVP may terminate this Agreement and any Membership of a Member for any reason whatsoever, by providing written notice of termination of fourteen (14) days.
14.3. Termination by Member
MVP agrees that a Member may terminate its Membership and this Agreement for any reason by providing a letter of Membership termination to MVP by email at: [email protected] or as otherwise specified by MVP from time to time. Membership termination will be deemed accepted at the time of receipt by MVP.
14.4 Effect of Termination
Upon termination or expiry of Membership and this Agreement, the Member agrees that:
(a) Referral rights granted to the Member under this Agreement come to an end;
(b) Any Member benefits, bonuses, points, awards, prizes or other items specified in the Compensation Plan (as provided and updated by MVP from time to time) are immediately no longer redeemable, or recoverable by the Member in any manner whatsoever;
(c) all rights and licences of the Member to use any of the Intellectual Property (including brand name, trademarks, Confidential Information) revert to MVP without the need for anything else to be done by MVP;
(d) It will stop using and displaying, in any manner, the Intellectual Property or anything that imitates or is deceptively similar to the Intellectual Property of MVP;
(e) Cease using any Confidential Information;
(f) Do all things necessary (including executing all documents) reasonably required by MVP and necessary or desirable to give full effect to the obligations of the Member at the end of this Agreement.
The Member agrees that:：
15.1 Price
The prices for services provided on Rafiki THE MAKER Application will be as set out on the application at the time you apply to purchase. MVP reserves the right to alter, update, and/or change the prices for the products or services at any time. MVP may conduct such modifications to our pricing due to changes in the exchange rate values applicable at the time. All prices are in Malaysian Ringgit unless otherwise stated and are inclusive of 6% SST.所有价格均为美金交易, 包括6%的SST。
15.2 Purchase
You may be elected to purchase products and services from Rafiki THE MAKER Application. When selecting to purchase, you will be required to provide MVP with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors. By ordering a product or service from Rafiki THE MAKER, you agree that MVP may charge you the price listed at the checkout screen on our application. If you have any issues with payment, do not hesitate to contact MVP.
15.3 Refunds, Exchange and Cancellation
All refunds, product exchanges or cancellations will be made in accordance with MVP’s Refund & Exchange Policy or as otherwise specified by MVP from time to time.
15.4 Product Availability
Due to product demands, products and services from Rafiki THE MAKER Application may not be available at all times. If no products or services are available, MVP will contact you and inform you of our product availability and projected delivery times. Although our product may be delayed or momentarily unavailable, you agree that we may still charge your credit card and deliver the MVP products and services when they become available.
15.6 Taxes
You agree that MVP may charge you taxes such as SST for any purchases through our website and services. If MVP failed to charge you SST, you agree to pay any applicable SST or other taxes as required by your local laws and ordinances. You agree that MVP is not responsible for providing you with advice in regard to your tax liabilities.
MVP is committed to ensuring that you can enjoy the services and products while safeguarding your private information. You must review MVP’s Privacy Policy to ensure you know how you can make the best use of the services without compromising your privacy.
17.1 Amendments to Terms
MVP reserves the right to amend these Terms and its policies whenever MVP considers it necessary to do so within MVP’s reasonable discretion. If you wish to modify these Terms, you must obtain MVP’s agreement to vary the Terms in writing.
17.2 Incorporation of Policies & Rules
In accepting these Terms, you also agree:
(a) To comply with all of MVP’s policies and rules concerning the products and that are made available for all Member from time to time; and
(b) That a breach of these policies or rules, by you, constitutes a breach of these Terms.
17.3 Assignment
You cannot assign your rights, benefits or obligations under these Terms without MVP’s prior written consent. MVP can novate or assign its rights or obligations under these terms without restriction.
17.4 Automated Access
All Automated Access is also subject to these terms. No automated software may access the site until the person responsible for the Automated Access has accepted these terms. As such, any attempt to obtain Automated Access will be bound by these terms.
17.5 Severability
If anything in these Terms is unenforceable, illegal, invalid or void, then the provision must be read down to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed and the rest of these terms remain in force, unless the severance would change the underlying principal commercial purpose or effect of these terms.
17.6 Waiver and Cumulative Remedies
No failure or delay by either party in exercising any right under the terms will constitute a waiver of that right. Other than as expressly stated in the Terms, the remedies provided in the Terms are in addition to, and not exclusive of, any other remedies of a party under Laws.
17.7 Governing Law and Disputes
You agree that the Terms are governed by the Laws of the State of Sarawak, Malaysia and that the offer and acceptance of the terms is deemed to have occurred in Sarawak, Malaysia. You also agree that disputes must be resolved in the courts of that jurisdiction. Furthermore, you agree that you will not be involved in an action as a class member in a class action, and that all disputes must be pursued in your own name only. You waive your respective rights to seek or be involved in any class action under these terms or concerning any aspect of the MVP Membership, products or services. You further agree that any proceeding taken by you other than in accordance with this clause 17.7 may result in MVP filing to have the proceeding dismissed and that you will be responsible for all reasonable legal costs, court fees and disbursements in doing so.
17.8 Electronic Communications
The communications between you and MVP use electronic means, whether you visit Rafiki THE MAKER website or services or send MVP e-mails, or whether MVP posts notices on the website or as part of its services or communications with you via e-mail. You hereby consent to receive communications from MVP in an electronic form and agree that all terms, conditions, agreements, notices, disclosures, and other communications that MVP provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
17.9 Entire Agreement
The terms and any of MVP’s policies or rules concerning Membership, its products and services, together with any of the other documents specifically referred to or incorporated in these terms by specific reference, constitute the entire agreement between the parties and supersede all prior understandings and agreements concerning its subject. If the terms, or MVP’s policies or rules are amended by MVP, the newer version of those documents will then supersede the prior version.
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