Rules & Regulations

1.0 Prohibited Acts

An Agent SHALL NOT

a. Incur any liabilities or debts in the name of or on behalf of enche without enche’s authorization;
b. Enter into, modify, alter or terminate any contracts in the name of enche;
c. Negotiate or mislead others that they have the right to enter into contracts and/or agreements for and on behalf enche;
d. Recruit, solicit or attempt to recruit or solicit any individual to engage in businesses, whether directly or indirectly, competing with or conflicting with enche’s interest, including but not limited to, soliciting enche’s Agents, employees, suppliers, manufacturers, consultants, or vendors;
e. Solicit the participation of any indi vidual, including enche’s Agents, employees, suppliers, consultants, manufacturers, or vendors to purchase or sell products other than enche’s, or to participate in any business, whether directly or indirectly competing with or conflicting with enche’s interests, except for businesses conducted by enche’s associated, related and affiliated companies within the enche’s Group;
f. Engaged in, or have an interest in, whether directly or indirectly, promoting the interests or sales of products or goods other than enche’s, in any business whether directly or indirectly, competing with or conflicting with enche’s interests, except for businesses conducted by enche’s associated, related and affiliated companies within the enche’s Group;
g. Permit, allow or in any manner directly or indirectly participate in the unauthorised sale and/or display of enche’s products at unauthorised premises and/or through internet online websites, including retail, counters, market stalls or public area, without prior written approval from enche, which may expose enche to product liability risks and damage enche’s reputation.
h. Influence existing Agents, employees or agents of enche or its related, associated and affiliated companies in a manner that could cause operational disruptions, reputational damages, and/or financial losses to enche and its related, associated and affiliated companies;
i. Issue any unauthorized media release or publication regarding enche without enche’s prior written approval.
j. Use the enche logo, trademarks, letterheads, stationery and/or any other representation of enche without the prior written approval of enche.
k. Alter, re-label, repackage or rebrand enche’s products for the purposes of reselling them.
l. Duplicate, reprint or personalise any or all of enche’s official literature and materials without prior approval from enche.
m. Violate any terms stipulated in the Rules & Regulations, Code of Ethics, enche’s policies, procedures, directives, any applicable laws and regulations, including but not limited to the Direct Sales and Anti-Pyramid Scheme Act 1993 (“DSAPSA”) and the Personal Data Protection Act 2010 (“PDPA”).
n. Access, use, or disclose confidential company information without authorization, or engage in any activity that could compromise the security of enche’s IT systems and data.
o. Engage in any form of bribery, corruption, or unethical business practices.

1.1 Reporting of Violation

It is the obligation of every Agent to abide by and uphold the integrity of enche’s Rules & Regulations. If an Agent observes another Agent committing any violation, he/she shall report such violation to enche by providing details and evidence pertaining to the nature of the alleged violation to enche’s Customer Service & Support Department.

1.2 Rectification, Suspension and Termination Procedures due to Violation of Rules & Regulations (“R&R”)

a. Violation of R&R is a serious issue and constitutes a breach of the Agreement by an Agent. It is likely to cause a negative impact not only on the involved Agent’s business, but also on other Agents’ businesses. At the same time, it may cast a dishonourable image and negative impression on enche, its Agents, business partners, officers, shareholders, Board of Directors and agents to the media, relevant authorities and general public. enche provides guidance and advice in rectifying any violation and when the severity of the situation warrants, it shall take appropriate action against the Agent involved. In the event of violation, the following procedure shall be observed:

i. Upon any violation of the R&R, a written complaint has to be lodged immediately with enche. The complainant may email the Customer Service & Support Department, giving details and evidence pertaining to the nature of the alleged violation.
ii. Upon receiving the complaint, enche shall notify the Agent concerned, demanding a swift response and give him/her the opportunity to explain himself/ herself regarding the alleged violation within the specified time
iii. In the event enche finds that the information provided by both the complainant and/or the Agent concerned is inadequate, enche reserves the right to request for more details from them. enche may at any point in time withhold commissions and any Products campaigns and incentives, or withdraw facilities and privileges of the Agent (if any) pending the final outcome of the investigation.
iv. Upon securing all details pertaining to the alleged violation as claimed by the complainant, enche shall talk to the Agent concerned, ensuring that the violation is not repeated. If necessary, the complaint lodged shall also be submitted for further discussion by enche in consultation with the Management.
v. Upon accessing the facts, gravity and any circumstantial damage caused by the violator’s breach of Agentship Application Form or R&R and enche acting on the principle of impartiality may suspend or terminate the Agent concerned, by giving written via registered mail to the last known address of the Agent as captured in enche’s database. The postmark shall be taken as the proof of receipt.
vi. In the event of suspension, a brief description of the complaint lodged against the suspended Agent shall be stated, including the necessary steps in rectifying his/her behaviour as well as the deadline for their compliance. The suspended Agent shall have the right to appeal the decision within five (5) days of receiving the suspension notice.
vii. Failure on the suspended Agent part in rectifying his/her behaviour within the deadline stipulated shall eventually lead to the termination of his/her agentship.
viii. The decision to suspend or terminate an Agent’s agentship shall be based on a thorough investigation of the facts and evidence. enche reserves the right to take necessary actions against the terminated Agent and demand any compensation for damages and legal costs incurred, if any.
Ix. enche reserves the right to amend or change any part of the above procedure when necessary without giving prior notice.

1.3 Effects of Suspension and Termination

a. An Agent may choose to suspend his/her agentship with written notice to enche.

b. Refusal of delivery or a request for return of the Products previously purchased for refund shall be deemed as self-suspension.

c. Any Agent whose agentship has been suspended or terminated:-

i. is not permitted, either directly or indirectly, to enter into the premises of enche, purchase products, hold and attend meetings and incentive trips, participate in the building;
ii. shall cease to identify himself/herself as enche’s Agent;
iii. shall no longer be entitled to the status of his/her agentship and all of enche’s benefits and entitlements. Standing orders for future purchases will be terminated. Unutilised funds (if any) will be refunded after deduction of administrative charges and Agent shall have no further claims whatsoever against enche;
iv. shall covenant not to influence existing Agent, employees or agents of enche or those of enche’s related, associated and affiliated companies in such manner that may cause operational disruptions, reputational damages and financial losses to enche and/or its related, associated and affiliated companies.

d. enche reserves the right to claim damages from the suspended or terminated Agent if he/she is in breach of the R&R or has participated in any other actions that may cause losses in terms of financial or otherwise to enche.

e. An Agent, who has resigned or been suspended or terminated can reapply for a new agentship after his/her resignation, suspension or termination subject to enche’s approval. Any person reapplying to become an Agent of enche shall not lay claim to any of his/her bonuses/ incentives, which he/she enjoyed or held prior to his/her suspension/termination or resignation.

f. The Company shall terminate the violator’s Agreement and his/her agentship in the event of any violation or failure to comply with any applicable laws and regulations, including but not limited to all rules and regulations relating to DSAPSA and PDPA.

g. Upon termination of agentship, enche retains ownership of all intellectual property created by the Agent during the agentship period.

2.0 Product Sales and Pricing

2.1 Sales Representation

a. The integrity and the confidence of other Agent shall be upheld at all times as such Agents shall present Products and enche’s marketing plan truthfully and accurately.
b. Agents shall not disseminate or spread any misleading, inaccurate and untruthful information or make any disparaging comparisons/statements, whether directly or by implication about enche and/or its related, associated and affiliated companies through any communication platform, including social media.
c. Agents shall not claim, represent, and imply directly or indirectly, that Products other than those found in current enche literature and/or labels. If the reputation of enche is damaged for this reason, the Agent concerned will be held responsible for all costs or damages arising from such action. Furthermore, they shall not bind or commit enche to any settlement related to such costs or damages.
d. It must be made clear that enche’s programme is based on sales of Products. It shall be stated that sales commissions are generated through diligent and committed efforts and Agents are prohibited from making exaggerated income claims or guarantees.
e. All statements regarding Product description and use must conform with applicable consumer protection laws and regulations.

2.2 Pricing

a. Agents shall sell Products to customers at the Consumer Retail Price (CRP). Only Agents can enjoy Products at the Agent Price (AP) and those offered as enche’s official promotional packages.
b. The CRP and AP of the Company’s products are subject to change without prior notice. Agents will be informed of price changes through enche’s official website.
c. Agents shall not under-price or over-price any Products for the purposes of gaining higher profits or promoting sales. This action may warrant termination and/or legal action against the violators by enche.
d. Under-pricing or over-pricing in the above context means:
- i. All Products shall be sold at the price prescribed or approved by enche. No Agent is allowed to raise or lower the price of any Products.
- ii. No Agent is allowed to carry out their own promotion unless with enche’s prior written approval.
- iii. Products obtained during promotions or with purchase offers shall be sold at the price prescribed or approved by enche.
- iv. Agent is not allowed to purchase/sell to the staff of enche and vice versa.

3.0 Trademark & Advertisement

3.1 Trademark

a. Apart from the printed materials that the Company may supply and/or sell to Agents, an Agent should not use the name of the Company, its logos, trademarks and/or other representation of the Company without its prior written approval of the Company. Upon expiration, suspension/termination of an agentship, the affected Agent shall:
- (i) immediately cease using all enche’s logos, trademarks, and/or any other representations, including any use on websites, social media platforms, or other digital channels; and
- (ii) not use any name, sign, label, stationery, product name, copyrights, designs and/or any printed material related to any of enche’s products;
b. Agent shall not register or use any of the Company’s names, trademarks, logos, “enche” and product names in any form without enche’s prior written consent. Unauthorized use may result in legal action.
c. Agents acknowledge that all intellectual property rights, including but not limited to trademarks, copyrights, and patents, related to enche’s products and business belong exclusively to enche.

3.2 Advertisement

a. Agents shall not advertise enche’s Products without the prior written consent of enche, except by using the exact language provided in enche’s approved marketing materials. This includes advertising on social media platforms, websites, or through any other digital channels.
b. Agents shall not duplicate, reprint or personalized any/all enche official literature and materials without prior written approval from enche. Any/all privately produced promotional materials, including digital advertising campaigns, must be approved in writing by enche prior to their publication or distribution.
c. All products of enche shall be marketed and sold in its original form and packaging. Agent shall not alter, relabel, repackage, rebundle, unbundle, sell in loose form, or otherwise change any of enche’s products or sell any product under any name or label other than that authorised by enche.
d. Agent shall obtain prior written approval from enche for any advertising or promotional activities, including trade shows/conventions, and e-commerce platforms.
e. Ag ent shall obtain prior written approval from enche before participating in any media interviews, response to any media inquiries and promote product or opportunity through any news report or trade industry publication.

4.0 General Provisions

4.1 Confidentiality
Agent shall neither disclose to third party nor use confidential information including but not limited to, trade secrets, genealogy, manufacturer information, commission and sales reports, product specifications or formula and other business and financial information of enche received whether in electronic or written form for any other purpose except as permitted by enche nor directly or indirectly contact or communicate with enche’s supplier, vendor, and manufacturer except with enche’s prior written consent.

4.2 Personal Data Protection Act 2010
In accordance with the Personal Data Protection Act 2010, all personal data disclosed to enche by Agents is strictly meant for agentship registration purposes, including but not limited to mailing of Company’s newsletter, commission statements and for communication of other promotions in line with enche’s business. To effectively do so, enche may disclose Agent’s personal data to other parties/contractors in which they will assure to safeguard Agent’s personal data. Kindly contact enche’s customer service within ten (10) days from registration date if Agent is not in agreement for enche to disclose Agent personal data for enche’s related business. Enche will implement appropriate security measures to protect Agent data, including data minimization, access controls, and encryption.

4.3 Waiver
Failure to enforce or to require the performance at any time of anyone of the provisions of these R&R shall not be construed as a waiver of such provision, and shall not affect either the validity of this R&R or any part hereof or the right of any party thereafter to enforce each and every provision in accordance with the provisions of these R&R. Any waiver by enche can and shall only be effected in writing by the authorised personnel of enche.

4.4 Indemnity
Agent shall indemnify and hold harmless enche, its shareholders, officers, directors, employees and related/associated/affiliated companies from and against any party’s claim, demand, liability, loss, cost or expense (including, and attorneys’ fees), suit, proceeding howsoever caused whether for contractual breach, defamation, libel or slander, any loss or damages and goodwill arising out of or in any way related to or connect (alleged or otherwise) with an Agent’s:
(a) activities as Agent;
(b) breach of terms of the Agreement or R&R and/or
(c) failure to comply with any applicable laws, including but not limited to DSAPSA and PDPA.

4.5 Limitation of Liability
To the extent permitted by law, enche shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or goodwill, or any other loss incurred or suffered by Agent as a result of:
(a) breach of Agreement, R&R, Code of Ethics, policies, procedures, directives, terms and conditions of the Business Manual;
(b) Agent’s business operations;
(c) any inadvertent, incorrect or wrong data or information provided by Agent;
(d) violation of any copyright in connection with materials provided by Agent; or
(e) failure by Agent to provide any information or data necessary to enche for business operations including but not limited to marketing and promoting of enche’s Products.

4.6 Limitation of Damages:
To the extent permitted by law, enche, its affiliates, officers, directors, shareholders, employees and other representatives shall not be liable for, and each Agent hereby releases the foregoing from, and waives all claims for loss of profits, direct, indirect, incidental, special or consequential or exemplary damages which may arise out of any claim whatsoever relating to the enche’s performance or non-performance, act of omission with respect to the business relationship or other matters between the Agent and enche whether in contract, tort or strict liability. Furthermore, it is agreed that any damages to the Agent shall not exceed and is hereby expressly limited to the amount of unsold enche’s Products owned by Agent and any commission and/or bonuses owed to Agent.

4.7 Force Majeure
The Company shall not be responsible for delays or failure in performance caused by circumstances beyond the Company’s control including but not limited Act of God, to strikes, labour difficulties, fire, war, government decrees or orders, or curtailment of a party’s usual source of supply.

4.8 Entire Agreement
The Code of Ethics and R&R constitute the entire agreement between Agent and enche.

4.9 Notices
All notices and correspondence communication must be in writing and shall deemed to have been received:
(i) on delivery date (if delivered by hand);
(ii) on transmission date, (if sent by e-mail or other electronic means) unless the sender receives a non-delivery notification; or
(iii) three (3) days from the postage date (if sent by registered or certified mail).
It is the Agents’ sole responsibility to update their latest postal and email addresses in enche’s platform, as any notices, correspondences and communication shall deemed to be effective if sent to the contact addresses as captured in enche’s database.

4.10 Changes and/or Amendments
Agent shall comply with these R&R, policies, procedures, Code of Ethics, directives and any amendment made by enche from time to time. enche reserves the right to add, amend/change or substitute its Terms of Agreement, R&R, policies, procedures, Code of Ethics, directives at any time without prior notice. Amendments will be posted at enche’s website and shall be effective and binding on the date of post. In the event of any discrepancy, the latest amended version shall prevail.

4.11 Severability
If any provision of the Agreement is held by any court or competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question shall remain in full force and effect.

4.12 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Malaysia.