MINDTECH BUSINESS PRACTICES
TERMS & CONDITIONS
AS AN INDEPENDENT MINDTECH DISTRIBUTOR, YOU HAVE A RESPONSIBILITY TO CONDUCT BUSINESS ETHICALLY AND FAIRLY, AND THE GUIDELINES PROVIDED IN THIS CHAPTER WILL HELP YOU TO DO THAT.
MINDTECH AIMS TO HELP YOU BUILD A STABLE, HEALTHY AND SUSTAINABLE BUSINESS.
1.1.1 Product Purchases
Purchasing MindTech products and then promoting and reselling them to customers are the basics to your MindTech business.
As a Distributor, you may purchase MindTech products directly from the MindTech office or through the online portal, telephone, fax, mail-in, e-mail, or through your upline MindTech Distributor(s)/Leader(s).
1.1.2 Pick-up Orders
You may call, e-mail, mail-in or fax your orders in advance to minimise your waiting time. There is no handling fee for pick-up orders at the MindTech office.
You may pick up your order once the payment is fully settled. Payments can be in the form of cash, bank transfers, ATMs, bank drafts, and credit / debit cards (Visa and Master Cards). Proof of payment must be received before orders are shipped.
1.1.3 Delivery of Orders
You may call, e-mail, mail-in or fax your orders to MindTech office. For mail-in orders, you may make the payment by bank draft or bank transfer to:
Maybank Berhad – 514271619747
All you need to do is complete the pay-in slip and deposit the cash to the above-mentioned account. Similarly, you can also use the bank transfer facility for fax-in orders.
For West Malaysia, orders received before 12 noon (except Saturday & Sunday) will normally be delivered within three (3) working days; whereas for East Malaysia (Sabah and Sarawak), orders received before 12 noon (except Saturday & Sunday) will normally be delivered within the next five (5) working days.
The company may impose handling charge for orders below a certain amount. Please refer to our order form for further information.
1.1.4 Ordering Deadline
The last day of the calendar month is deemed as the last day of the BV month. Should the last day of the calendar month fall on a public holiday, the next business day will be the last day of the BV month. Please ensure that your order together with full payment is received by the company before the last day of the BV month if your order is to be accounted for in that month.
1.1.5 Product Sales
The sale of MindTech products to customers allows more people to enjoy the benefits of MindTech Products, and is the basis for your MindTech business.
All Independent MindTech Distributors are allowed to sell freely to anyone who is not yet a MindTech Distributor, even if that customer is being supplied by another MindTech Distributor.
As direct selling in Malaysia is governed by the Direct Sales Act 1993, all MindTech Distributors are reminded to conform to ethical business practices as outlined in the Act.
Distributors are advised to use the published Suggested Retail Prices, and observe requirements such as Cooling-off Period and other regulations cited in the Act.
The Retail Guarantee is one of the strongest selling points you have as an Independent MindTech Distributor. It is your responsibility to honour your customers with the MindTech Retail Guarantee.
When a customer seeks to avail the Retail Guarantee, ask him/her to fill out an exchange and refund form with the following information:
- The reason for the exchange or refund of the product;
- Item description, quantity, batch number and size;
- Monetary value of product exchange or refund;
- Name, address and telephone number of the customer; and
- Date of exchange or refund.
Once the customer has signed the exchange and refund form, you may replace the product or refund the amount paid.
The retail customer is required to return the purchased product within 30 days together with the return and exchange form and the original sales receipt to the Distributor who sold the product to them. MindTech will not accept any returned products directly from retail customers. When submitting the exchange and refund form to MindTech, please indicate the order number, if available, under which the returned product was originally purchased from MindTech.
MindTech will replace a product or refund the money to the MindTech Distributor (less the bonus paid out, if any) upon receipt of the returned product within 30 days from the date of purchase stated in the invoice.
Please note that the Retail Guarantee does not apply for returns of large quantities of stocks or inventories, or returns of products past their expiry dates.
MindTech warrants the quality of its products and shall exchange any products with manufacturing defects. MindTech will not entertain product exchange due to mishandling or improper storage. All product exchange has to be accompanied with a Product Exchange Return Form and original invoices.
MindTech Distributor may return purchased products to MindTech within 30 days from the date of purchase (attached with original invoice) for exchange if the product is in sellable condition, unless otherwise required by law.
MindTech will not accept any partial return or exchange for individual products from Promotion packs. All returns or exchange must correspond to the quantity and items in the invoice.
In Malaysia, MindTech will only accept return of products sold in Malaysia.
In building a sound independent MindTech business, it is necessary to forecast and plan carefully before purchasing products for your inventory. MindTech Independent Distributors have the right to resign from the MindTech Marketing Plan at any time.
Any MindTech Distributor who is considering this option should first consult his/her upline Sales Leader and MindTech Customer Service to be fully advised of current rights and obligations regarding resignation and buy back policy.
Buy Back Policy
In accordance with the Direct Selling Act 1993, a Distributor is allowed to return goods purchased within 6 months (180 days) from the purchase date subject to the terms where the said goods are in a sellable condition. Distributors will be fully responsible for all shipping expenses in returning the goods. The return value of the goods is subject to a 10% handling fee. The Company will deduct the total amount of bonus paid in relation to the said return. The Company shall refund the net return value within two (2) months from the date of return. With this return, the Distributor is deemed to have automatically resigned from the Company and the Company is no longer bound under any contract with the said Distributor after this.
The MindTech Opportunity and Products are designed specifically for direct selling and may not be sold or promoted to or from retail stores, either directly or through third parties. Any Independent MindTech Distributor who does this is subject to disciplinary action which may include but is not limited to termination of Distributorship.
Each country has its own legal and regulatory requirements. As an Independent MindTech Distributor in Malaysia, you have the responsibility to comply with the laws and regulations of the country.
The MindTech products made available for sale in Malaysia have been specifically formulated, manufactured, and labelled to comply with Malaysian regulatory requirements. Malaysian Independent MindTech Distributors shall not sell MindTech products other than those provided by MindTech Malaysia. Likewise, you are not allowed to sell products to countries outside Malaysia.
You may promote MindTech products and the business opportunity at fairs and community gatherings, including business and job opportunity fairs, as long as the appearance of your display upholds MindTech’s image and standards. To this end, you may display and demonstrate MindTech products and distribute MindTech literature for the purpose of developing interest in MindTech and obtaining customer leads.
Any violation of the provisions of the MindTech Marketing Plan as described in, but not limited to this Business Manual and the R&R may subject the Distributorship to disciplinary action. For further details, please refer to the R&R.
MindTech insists that every Independent MindTech Distributor shall:
- honour the Retail Guarantee;
- avoid making products or earnings claims that are unfounded, deceptive or illegal.
Independent MindTech Distributors must honour and perpetuate ethical business practices.
Every MindTech Distributor has the responsibility to uphold the reputation of MindTech products and the MindTech Opportunity by conducting your business in a lawful and ethical manner; by being familiar and complying with the currently effective provisions of the Marketing Plan, and by observing this cardinal rule.
No product claims or Marketing Plan claims may be made other than those authorised through MindTech publications, product literature, audio/video tapes/disc recordings, labels, or the MindTech Marketing Plan and related materials.
MindTech Distributor may not make any unauthorised claims in any manner, including verbal statements, or materials in print or electronic media, to promote the sale of MindTech products or the MindTech opportunity that are unsubstantiated by or inconsistent with the product claims, usage directions, and Marketing Plan provisions published by MindTech.
- You may not make any statement that disparages or in any way damages the reputation of MindTech products.
- Unauthorised Marketing Plan practices or misrepresentations, such as exaggerating earnings claims, or encouraging significant upfront purchase schemes, are strictly prohibited.
- MindTech does not review nor approve literature prepared by Independent MindTech Distributors. You are responsible for the accuracy of your statement, and you may not imply approval or endorsement by MindTech.
- You may not sell products that are previously opened, damaged, reworked or passed their expiration date.
- Non-compliance with this section will be seen as a serious violation and subjects your Distributorship to sanctions, which include termination for cause.
Furthermore, it is an offence under the Direct Sales Act 1993 to furnish false or misleading information and by doing so could subject you to heavy penalties.
As an Independent MindTech Distributor, you may not engage in unfair competitive activities as outlined in the R&R.
In keeping with this policy, you may not directly or indirectly attempt to solicit Independent MindTech Distributors into another direct selling company, or otherwise promote to MindTech Distributors another direct selling company or its products while remaining as an Independent MindTech Distributor.
If you have any questions, please review these guidelines with your upline Sales Leaders, or contact MindTech Customer Service.
MindTech reserves the right to modify all or part of its Marketing Plan, including but not limited to, this Business Manual and the R&R.
Any modification would be made only after careful consideration. If a decision is required to settle any disputes involving MindTech policies, any decision made by MindTech will be final and binding upon all parties.
For the purpose of special promotions, which may be announced by the company from time to time, MindTech reserves the right to modify requirements and/or qualifications that are part of the MindTech Marketing Plan, or the R&R.
RULES & RESPONSIBILITIES OF MINDTECH DISTRIBUTOR (R&R)
ALL MINDTECH DISTRIBUTORS ARE REQUIRED TO ABIDE BY THE RULES AND RESPONSIBILITIES OF MINDTECH DISTRIBUTORS (R&R) AT ALL TIMES AND WHILE CONDUCTING BUSINESS WITH THE COMPANY.
THE COMPANY RESERVES THE RIGHT TO TERMINATE THE DISTRIBUTORSHIP AT ANYTIME IF THERE IS A CONTRAVENTION OF THE R&R.
EVERY MINDTECH DISTRIBUTOR SHALL PLEDGE AS FOLLOWS:
- I will abide by all the Rules and Responsibilities with integrity, honesty and sincerity whilst conducting MindTech businesses.
- I will abide by all the Rules and Regulations contained in the Direct Sales Act 1993 at all times.
- I will not attempt to cheat or act in any way that will tarnish the good name of the Company, the industry and other Distributors for the purpose of building the business.
- I will explain/present the MindTech Marketing Plan with accuracy and honesty as well as provide a clear and complete explanation regarding the levels of efforts required to achieve success.
- I will not spread any negative or doubtful information or tarnish the good name of the Company, its products, the Management or staff of the Company or other Distributors for my own personal gains.
- I will respect wholly, the principles of the direct-selling business.
- I will not sell the Company products different from the prices fixed or approved by the Company.
- I will not use the business name, information, communication materials, articles, advertising materials and events or other related Company materials for the benefit of other businesses.
- I will give my level best to ensure that all the customers and Distributors under my sponsorship are satisfied with the Company products and services rendered.
- I understand that the Company reserves the right to amend/add to the Rules and Responsibilities without prior consultation and notice.
- Anyone who is aged 18 years and above who is a Malaysian citizen or Permanent Resident residing in Malaysia, is eligible to apply to become a MindTech Distributor. The application that uses the names of others will not be accepted.
- The Company reserves the right to reject any application without prior notice or reason.
- All applications must be sponsored by a sponsor who is an existing valid MindTech Distributor.
- A complete Application form is to be submitted to MindTech for approval.
- Purchase a new Distributor Starter Kit and provide MindTech with a photocopy of applicant’s Identity Card.
- All bonuses will be calculated based on the respective BV month and banked-in within 20 days of the following month or such date as MindTech may deem fit. All Distributors are required to provide a valid bank account number upon registration and MindTech will charge a nominal fee for each transaction.
The fee is subject to change without prior notice.
- If there is any technical discrepancy with the bonus statement, the Distributor is advised to contact the Company within 14 days.
The Company reserves the right not to entertain any such reports after the notice period.
Contravention of R&R constitutes a serious offence. This act does not only result in adverse implications to the Distributor himself/herself, it also implicates others as well. This matter will also cause wrong perceptions by the public, mass media, government authorities, Management and staff of Company, Company Board of Directors and Agent of the Company.
Rules of Conduct
- When a Distributor receives or realises a wrongdoing, he/she has to complete the form made available by the Company and make a detailed report regarding the matter arising to the Management of the Company. The complainant must also inform his/her upline of the complaint.
- After receiving the report, the Company will immediately contact the Distributor concerned to obtain his feedback regarding the complaint.
- If both the report and feedback are not clear, the Company reserves the right to request from any other parties in order to obtain more complete information.
- After the receipt of complete information, the Company will invite the Distributor concerned for discussion and give warning or advice/counsel so that the matter does not recur. If required, the case can be brought to a disciplinary board for discussion accordingly including termination of the Distributorship concerned.
- If required, MindTech reserves the right to amend/add any of the R&R without any prior notice.
When a Distributorship is terminated, the Company will inform the Distributor of the decision via registered mail.
- A Distributor shall promote the goodness of the Products and Marketing Plan of MindTech in an honest, sincere and fair manner. A Distributor cannot spread or misrepresent any information/explanation that is not accurate or true about the Company.
- Explanations must be provided that the Company’s reward plans are for selling the Company’s products. It must also be made clear that any benefits can only be attained through the efforts of hard work and dedication.
- A Distributor shall not make any statement or acknowledgement that is contradictory to those of the printed materials issued by the Company. If the good name of the Company is tarnished due to the above, the Distributor concerned will be responsible for all consequences as a result of their action.
- All statements regarding guidelines and usage of products must be in line with the Company’s policy.
- A Distributor is not allowed to change, relabel, repackage or sell the products in any other form or smaller units or change any of the Company’s products under the name or label authorised by the Company.
- All Company’s products shall be marketed and sold in its original form and packaging.
- A Distributor is not allowed to exhibit or sell Company’s products in public places except with written approval from the Company.
- A Distributor can only sell and promote Company products and other materials including sales aids, as provided by the Company.
A Distributor is not allowed to reduce or raise the prices of the Company’s products to increase their earnings or sales. This unethical practice will result in disciplinary action or termination of the Distributorship.
The increase and decrease of prices in the above context means:
- all Distributors shall sell MindTech products at retail price, as fixed in the Company’s price list, and Distributor is not allowed to raise or reduce the price of any product.
- all Distributors are not allowed to hold promotional campaigns except with the written permission from the Company.
- Products obtained from sales promotions or other specials should be sold at retail price.
- all Distributors are not allowed to urge, encourage, allow or teach their downlines to receive bonus payments back in price competition.
- all Distributors are not allowed to sell/buy products to/from staff of the Company.
- a) Distributors may not advertise MindTech products and/or Marketing Plan without prior written approval from the Company.
- b) Distributors may not use the name of the Company, logo of the Company, visuals of the Company, any brochures of the Company and/or other properties belonging to the company without prior written approval from the Company. In the event that a Distributor is terminated, he/she:
- i) shall refrain and stop using all Company’s symbols/emblems and/or other statements.
- ii) shall not use any names, symbols, labels, stationaries, product names, copyrights, designs and/or printing materials related to any of Company’s products.
- c) Distributors are not allowed to register or use any name, business name, logo or Company product name in any website, URL address, area code, electronic media advertisement or other forms of advertisements.
- a) ‘Undercutting’ of sponsorship of Distributors is not allowed. Undercutting of sponsorship in this context means:
- (i) sponsoring a Distributor who is currently in another group and/or;
- (ii) sponsoring someone’s wife when in fact the husband is already a Distributor and vice-versa and/or;
- (iii) sponsoring a Distributor from another sponsorship line for the purpose of conducting business whilst the Distributorship is still valid and/or;
- (iv) allowing others or relatives to use his/her Distributorship for business purposes.
- b) Whenever undercutting of sponsorship occurs, the following actions will be taken:
- (i) a Distributor who sponsors a fellow Distributor or a Distributorship couple from another group, his/her membership will be terminated.
- all Distributors involved must be realigned back to the original sponsor.
- (ii) if Couple ‘A’ under Distributor ‘B’ is found to be sponsored by another group.
- distributorship of ‘A’ will be terminated and all his/her downlines will be realigned to ‘B’.
- (iii) if a Distributor originally sponsored by ‘A’ is found to be using the Distributorship of another person or his/her relative ‘B’ to conduct business.
- distributorship of ‘B’ will be terminated and all his/her downlines will be realigned to ‘A’.
- (i) a Distributor who sponsors a fellow Distributor or a Distributorship couple from another group, his/her membership will be terminated.
- c) The Company reserves the right to:
- (i) withhold bonus payments of the Distributors concerned.
- (ii) terminate the Distributorship concerned.
- Pyramid Schemes are Banned
The Pyramid Scheme is a business model or an arrangement where a participant receives a reward or consideration based on the number of new participants he/she managed to induce to join such scheme instead of on the volume or quantity of sales.
MindTech Independent Distributors are strictly not allowed to practice any form of pyramid schemes.
- No Front-end Loading of Products
MindTech Independent Distributors are not allowed to induce or coerce anyone, including new Independent Distributors, into buying quantities of products beyond his/her capacity, to sell or consume within a reasonable period of time.
- No Excessive Claims of Products
MindTech Independent Distributors are not allowed to make claims of products other than the description on the labels, and in publications of the Company.
- No Excessive Claims of Earnings or Benefits
MindTech Independent Distributors are not allowed to make exaggerated claims about future earning potentials, or promises of financial benefits and privileges other than those rewards provided for under the Marketing Plan which is dependent on each individual’s efforts in the business.
- Truthful Identification of Self, Company, Products and Purpose
- Always carry your National Registration Identity Card (IC) and a valid MindTech Authorised Distributor Card to show to prospective customers.
- Show your prospective customers a sample of the relevant MindTech products.
- Giving deceptive or misleading information is strictly prohibited. You are required to give accurate and complete answers to questions about MindTech products, prices, terms of payment and guarantee, delivery, offers and promotions.
- Your testimonials must be true, applicable to the products in question, and product usage authorised by the Company in its publications.
- State the purpose of your visit promptly and clearly. Do not take advantage of your customers’ lack of knowledge, experience, age, illness, etc.
- Avoid intruding on your customers’ privacy. Leave or stop discussing the products or business opportunity if you are requested to do so.
- Observe business hours allowed by the Direct Sales Act, 1993, that is from 9.00 am to 7.00 pm daily. You are prohibited from intruding on your customers’ privacy on public holidays and Sundays/Fridays (in states wherever applicable as rest days).
- However, you may see your customers at any time or day if you have already made an appointment with them.
- Do not make unfair and inaccurate comparisons of competitors and their products. Attacking or running down of competitors and their products, either directly or by implication, is strictly prohibited.
The Company views very seriously any allegations of unlawful or unethical direct sales activities being carried out by any MindTech Distributor.
The Company will investigate such allegations, which may sometimes be unfounded but can be detrimental to the reputation or business of the Company or of MindTech Distributors.
Instead of coming to know about the allegations indirectly from outside parties such as the Ministry of Domestic Trade Co-operatives and Consumerism or the media, the Company encourages anyone to report any allegations of unlawful or unethical direct sales activities being conducted by any MindTech Distributor,and will investigate such allegations in order to protect the reputation and businesses of the Company and MindTech Distributors.
MindTech Distributors are required to report in writing any allegations of unlawful or unethical direct sales activities being conducted by any MindTech Distributor or person authorised by him/her, with full details and supporting documentary evidence to:
MindTech Education Sdn. Bhd. (1149981-U) (AJL932113)
(a wholly-owned subsidiary of Sasbadi Holdings Berhad)
L1-9, Cova Square, Jalan Teknologi, Taman Sains Selangor 1, Kota Damansara, 47810 Petaling Jaya, Selangor Darul Ehsan.