1. Introduction

 

1.1. Sorento Master Club (“Platform”) is a platform offered by Beyond Bath Sdn Bhd (Company No. 201401007432 (1083510-T)) (“Beyond Bath”, “we”, “us” or “our”) accessible from the link: https://sorentomasterclub.com.my/ which allows its members to gain access to the products offered on the Platform (“Products” and each a “Product”) and/or place an order for the Products (“Order”).

 

1.2. There are two (2) categories of membership to the Platform which are currently being offered by Beyond Bath (collectively, “Membership”), as set out below:

(a) Individual Membership. You may submit an application for an Individual Membership by choosing the option “Register as Individual” on the Site; and

(b) Company Membership. You may submit an application for a Company Membership by choosing the option “Register as Company” on the Site.

Beyond Bath reserves the right to expand, reduce or vary the categories of Membership as posted on the Site from time to time. The benefits of membership offered by Beyond Bath differ in accordance to the types of Membership, as provided in Clause 4 below.

 

1.3. By submitting an application for Membership to Beyond Bath (“Membership Application”), you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by these terms and conditions (“T&C”). This T&C is made between you (“Member”, “you” or “your”) as a business client and Beyond Bath and governs your Membership to the Platform.

 

2. Eligibility

 

2.1. If you are under the age of eighteen (18) or the legal age for giving consent hereunder pursuant to the applicable laws in Malaysia, you must obtain permission from your parent(s) or legal guardian(s) before using/accessing the Site, submitting a Membership Application and/or accessing the Services. If you are the parent or legal guardian of a minor in question, you must accept and comply with this T&C on the minor’s behalf in addition to being responsible for the minor’s actions, any charges with the minor’s use of and/or purchases made on the Site.

 

2.2. If you do not agree to this T&C or have not obtained consent from your parent(s) or legal guardian(s), you must immediately desist from using/accessing the Site.

 

2.3. To be eligible as a Member, you must be engaged/involved in the business of providing interior design or construction services or such other businesses as Beyond Bath deems fit (“Designated Business”). You hereby declare and certify that you are engaged in such Designated Business at the time of submission of your Membership Application to Beyond Bath.

 

3. Membership

 

3.1. To view/access the Products and/or place an Order for the Products, you must first register with us by creating a membership account on the Site (“Membership Account”). You must only submit to us information which is accurate and true. You must also keep your information up to date by promptly informing us of any changes, by using the relevant sections of the Site.

 

3.2. Once your Membership Application is accepted by Beyond Bath as may be notified to you, you are required to provide or update your details in the Membership Account as may be accessible from the Site.

 

3.3. You shall be solely responsible for all activities that occur under your Membership Account. You further agrees that all use/access to the Site and Services, and all activities that occur under your Membership Account (including without limitation, posting any company or product information, subscribing to or making payment for any payments, sending emails using the registered email account or sending SMS) will be deemed to have been authorised by you.

 

3.4. The Membership is personal to you and cannot be assigned or transferred.

 

3.5. Membership to the Platform shall not confer any rights or benefits in any other program, promotions, campaigns or offered by Beyond Bath or its affiliates.

 

3.6. Save as otherwise approved by Beyond Bath, Membership to the Platform is limited to one (1) account per individual or company only and you may only apply as a Member for one (1) category of Membership only.

 

4. Membership Benefits

 

4.1. As a Member, you will be offered different membership benefits based on the category of your Membership, as set out below (“Membership Benefits”):

(a) Individual Membership: You are only allowed to view/access certain Products on the Site and you will not be allowed to place an Order for the Products.

(b) Company Membership: You may view, access and/or place an Order for all Products on the Site.

 

4.2. Beyond Bath may change the Membership Benefits at any time at its sole discretion without prior notice to you.

 

5. Term

 

5.1. The term of your Membership (“Term”) shall commence from the date of acceptance of your Membership Application (“Commencement Date”) and shall remain valid for twelve (12) consecutive months unless early terminated in accordance to this T&C.

 

5.2. If your Membership is ongoing, it will automatically be renewed on the date of expiration of the Term (“Expiration Date”) unless you inform us in writing at any time before the expiry of the Term that you do not wish your Membership to continue. This Membership may be renewed for an unlimited number of successive one-year terms subject always to the approval of the Company and your full payment of Renewal Fee (as hereinafter defined).

 

6. Membership Fee

 

6.1. Beyond Bath reserves the right to impose and vary fees and charges for each Membership Application (“Membership Fee”) and renewal of Membership (“Renewal Fee”) at its sole and absolute discretion as may be posted on the Site from time to time.

 

6.2. By nominating a credit, debit or e-wallet account (“Nominated Account”), you are authorising us to deduct from the Nominated Account all fees and other charges for which you may be responsible under this agreement. Accordingly, it is essential that you keep your account details up to date. Beyond Bath may also use a secure electronic payment gateway service to process all payments made by you.

 

6.3. The Membership Fee shall be paid in full to us or such other person nominated by us on the date of acceptance of your Membership Application. The Membership Fee will be deducted from the Nominated Account. If for any reason your payment for the Membership Fee is unsuccessful, you will have seventy-two (72) hours to make a successful payment via other options offered by Beyond Bath before your Membership Application is cancelled by Beyond Bath. You shall not be allowed to place any Order on the Site before the Membership Fee is paid in full.

 

6.4. The Renewal Fee will be automatically deducted from the Nominated Account on the Expiration Date. If for any reason your payment for the Renewal Fee is unsuccessful, it is deemed that you do not intend to renew your Membership and your Membership will be suspended. You will have seventy-two (72) hours to make a successful payment via other options offered by Beyond Bath before your Membership is terminated by Beyond Bath.

 

6.5. Any fees charged to us because of a rejection when we attempt to collect payments from you may be charged directly to you by us. If any payment remains outstanding, you agree that we may continue to deduct from the Nominated Account for the total amount due without notice to you.

 

6.6. All payment made shall not refunded unless otherwise agreed by Beyond Bath.

 

6.7. Beyond Bath may, at its sole and absolute discretion, waive the Renewal Fee on such conditions it deems fit.

 

7. Termination of Membership

 

7.1. We shall have the right, immediately and without notice, to restrict, suspend or terminate your Membership for any of the following reasons at any time, if in the sole determination of Beyond Bath, that:

(a) you have breached any of the provisions contained this T&Cs;

(b) you have failed to pay your Membership Fee or Renewal Fee;

(c) any information provided by you is false or inaccurate;

(d) you have participated and/or use the Membership Benefits to participate in any unlawful or fraudulent activity;

(e) you have acted in a way that does not align with Beyond Bath’s values (including but not limited to the use of abusive or offensive words or uses profanity, harasses, is bothersome to Beyond Bath or other members) or otherwise behaves in an inappropriate manner; and/or

(f) you have failed to adhere to the policies, rules and directives as may be imposed and/or prescribed by Beyond Bath from time to time.

 

7.2. You may terminate your membership at any time by sending an email to the email address: membership@sorentomasterclub.com.my with the wording “CANCEL SUBSCRIPTION” in your email’s subject line.

 

7.3. For the avoidance of doubt, in the event of such termination, restriction or suspension of your Membership in accordance to the foregoing provisions, any and all payment made by you with respect to your Membership shall not be refunded unless otherwise agreed by Beyond Bath.

 

7.4. Termination or suspension of the Membership for whatever reason shall not affect:

(a) any rights, liabilities or obligations owing to Beyond Bath which accrued before such termination or suspension;

(b) any right to payment of fees; and

(c) any of these terms and conditions contained in this T&C that are intended to continue to have effect after such termination or suspension.

 

8. Your Privacy

 

8.1. Our collection of your personal information and how we use it is governed by Beyond Bath’s privacy policy in compliance with the Personal Data Protection Act 2010 which may be accessible at POLISI PRIVASI . Details from your Membership Application (including personal information) will be collected and used for the purposes of administering the Platform (which may include disclosure to third parties for the purpose of processing and administering the Platform who may be located in countries as set out in the Privacy Policy) and for marketing and data analysis purposes.

 

8.2. By submitting Membership Application on the Platform, you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by the Privacy Policy and this T&C, and to receive marketing materials and other communications from Beyond Bath.

 

8.3. The use of the Site involves the electronic transmission of personal data through third party connections. We do not operate or control these connections and cannot guarantee the privacy or security of these data transmissions.

 

8.4. You hereby acknowledge and agree that Beyond Bath reserves the right to use, publish and/or disclose your profile, picture, sign, trademark, trade name, links to your website/social media accounts or any other information obtained by Beyond Bath in the course of your dealings with us or as may be requested from you for Beyond Bath’s marketing and advertisement purposes (including publication of your profile on the Site, newsletters and posters).

 

9. Confidentiality

 

9.1. You shall be responsible to keep any usernames, passwords, Membership Account details and billing information associated with your Membership as private and confidential and not disclose them to any third party. In the event that you know or suspect that anyone other than you attempt to or has gained access to your Membership Account, you must promptly notify us at membership@sorentomasterclub.com.my or +6011-61972363 (WhatsApp)

 

9.2. Each Member agrees to keep private and confidential all Confidential Information which it may receive from Beyond Bath in the course of its Membership or that may come into its knowledge or possession as a result of communications between the Member and Beyond Bath. In the event that Beyond Bath discovers that a Member has made or intends to make (whether directly or indirectly) any unauthorised disclosure of the Confidential Information, Beyond Bath shall be entitled to exercise such legal and equitable remedies as are available in respect of the breach of these terms and conditions and to further protect the Confidential Information.

 

9.3. For the purposes of this paragraph, “Confidential Information” means any information relating to the business and affairs of Beyond Bath that is not generally available to the public and shall include, without limitation:

(a) information of whatever nature relating to the business, finances, assets, liabilities, dealings, transactions, know-how, employees, Members, customers, suppliers, agents, processes or affairs of Beyond Bath; and

(b) information which is expressly indicated to be confidential or is imparted by Beyond Bath in circumstances importing an obligation of confidence.

 

10. Interruptions

Whilst we take every care to maintain the continuity of the Site, errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability for any Site downtime, or your inability to place an Order as a result, and you agree that we shall have no obligation or responsibility to operate the Site or any particular part of it.

 

11. Intellectual property

All title, rights and interest in any copyright, database rights, trademarks and design rights and any other intellectual property rights (“Intellectual Property”) in the Site are and shall remain the property of Beyond Bath. You shall not copy, transmit, modify, republish, save, pass off or link to any content or material on the Site.

 

12. Indemnify

You agree to indemnify us fully, defend us, and hold us harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from:

(a) your use or misuse of the Platform;

(b) your breach of this T&C;

(c) your dispute with other members of the Platform; and/or

(d) your violation of any law or the rights of a third party, including the use by any other persons accessing the Platform using your Membership Account caused by your action or inaction.

You agree to cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

 

13. Exclusion of Liability

 

13.1. The Platform and all data and/or information contained therein are provided on an “as is” and “as available” basis without any warranties, claims or representations made by us of any kind either expressed, implied or statutory with respect to the Platform, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform are provided for informational purposes only. Beyond Bath reserves the right to amend, modify and/or remove any such data and information at any time, in its absolute discretion, without incurring any liability whatsoever to you.

 

13.2. We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you arising from or in connection with:

(a) any access, use or the inability to access or use the Platform, or reliance on the content and/or any information in the Platform;

(b) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus; and

(c) any use of or access to any other websites linked to the Platform, even if we or our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be accessed at your own risks.

 

13.3. We are not obligated to monitor, control or endorse the content on the Platform, and therefore specifically disclaims any liability arising from or in connection with your use of the Platform. We also reserve the right to review materials posted, to edit, refuse to post, to remove any content or terminate your access to the Platform at our sole discretion at any time, without notice, for any reason whatsoever.

 

13.4. For the avoidance of doubt, you shall at all times, be considered as dealing as a business entity and not as a consumer within the meaning of Consumer Protection Act 1999 (“CPA 1999”) of Malaysia and none of the dealings and transactions contemplated under this T&C and/or the Platform and/or any matter incidental thereto shall be construed as falling within the ambit of CPA 1999.

 

13.5. This exclusion clause shall take effect to the fullest extent permitted by Malaysia law.

 

14. Compliance with Applicable Law

You shall comply with all laws, regulations, rules, orders or other legislative provisions which are applicable to you in connection with this T&C.

 

15. Law & Jurisdiction

This T&C is governed by law of Malaysia, and the courts of Malaysia will have exclusive jurisdiction over any matters arising out of or in connection with the Membership or this T&C.

 

16. Force Majeure Events

We shall not be treated as breaching this T&C, or otherwise liable in any way whatsoever for any failure, suspension or delay in performance howsoever arises from any circumstances beyond our control including without limitation to strikes, flood, fire, explosion, accident, pandemics, breakdown of systems or network access.

 

17. Entire agreement

This T&C shall contain all the terms agreed between you and us regarding their subject matter and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

 

18. Severability

If and to the extent that any provision of this T&C is held to be illegal, void or unenforceable, such provision shall be given no effect and shall be deemed not to be included in this T&C but without invalidating any of the remaining provisions in this T&C.

 

19. Waiver

No delay or failure by us in enforcing any of these terms and no partial exercise by us of any right hereunder shall be deemed to be a waiver of any right we may have under this T&C.

 

20. Assignment

We may transfer, assign or otherwise deal with this T&C on notice to you. You shall not under any circumstances transfer, assign or otherwise deal with this T&C.

 

21. Variation

We may change, modify, add or remove portions of this T&C at any time without any prior notice to you. Changes will be effective when posted on the Site with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site. Continued participation by you as a Member and/or continued use/access to the Site shall be deemed acceptance by you of any revised terms and conditions. The Company may also impose limits on certain features or restrict your access to parts of, or the entire, Site in its sole discretion and without notice or liability.

 

22. Third Party Rights

No person shall have any third party right to enforce any of the terms and conditions contained in this T&C.

 

23. Contact details and complaints

If you have any concerns queries or concerns about this T&C or your Membership or our services, please contact us at membership@sorentomasterclub.com.my or +6011-61972363 (WhatsApp).