I hereby submit my eMember Application to become a loyalty customer of SKYHAHA Sdn Bhd. My Application and this Agreement become effective on the date accepted by SKYHAHA Sdn Bhd. I certify that I am of legal age to enter into a contract in the jurisdiction where I reside.

1. Parties.

I understand that I am contracting with SKYHAHA Sdn Bhd and its affiliates (hereinafter referred to as “SHH”) The term “Agreement” shall mean the Terms of Agreement for eMember, the eMember eV Program (eV Point), and the Term of Use and any addendum(s) thereto, and any other written agreement between me and the Company. I hereby agree to be bound by the Agreement.

2. Compliance with Laws.

I agree to comply with all applicable laws relevant to conduct of my activities as an eMember or customer under this Agreement. In particular (but without limitation), I must not make any actual or potentially misleading or deceptive claims in relation to eV Point or rewards that might be derived from conducting activities as an eMember of the Company, or in relation to SHH products.

3. eMember Rights.

I understand that as an eMember of SHH, I have the right (but not the obligation) to:
a) access to www.skyhaha.com , which operated by SHH and its affiliates
b) offer for sale of SHH products in accordance with these Terms and Conditions.
c) to enroll persons as eMember.
d) if qualified, earn eV Point or other rewards pursuant to the Member eV Program

4. eV Point.

I understand that I must not be in breach of the Agreement to be eligible to receive the eV Point and strictly adhere to the Terms and Conditions of eV Point Program.

5. Refunds and Product Returns.

SHH offers product exchange, return and refund for conditions as prescribed in the Exchange, Return and Refund Policy. If an eMember or customer request to return and refund for more than RM500 in any twelve (12) consecutive months, the request will constitute the eMember’s or customer’s voluntary cancellation of his/her Agreement, the eMembership will be cancelled after the refund has been processed.

6. Amendments.

The Company reserves the right to amend this Agreement from time to time, in the company’s sole discretion, by posting any such amendments(s) to the company’s website without separate notification. My continuation of use to the Site or my acceptance of eV Point after the effective date of amendments shall constitute my acceptance of any and all amendments.

7. Term and Termination.

The term of this Agreement is effective until it’s terminated by SHH or you. SHH, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). SHH shall not be liable to you or any third party for termination of the Site, or any part thereof. I may cancel this Agreement at any time, and for any reason, upon written notice to SHH via email cs@skyhaha.com or via post at No BP-1-8, Block A, Jalan BPD 1, Business Park D’Alpinia, 47100 Puchong, Selangor Malaysia. The eV Point accumulated by the eMember will be flushed, if the eMember is terminated, or if there is no purchase of SHH product for more than twelve (12) consecutive months from the last purchase date.

8. No Assignment.

I may not assign any rights or delegate my duties under the Agreement without the prior written consent of SHH. Any attempt to transfer or assign the Agreement without the express written consent of SHH renders the Agreement voidable at the option of SHH and may result in termination of my access to the Site.

9. Release and Indemnication.

To the maximum extent permitted by law, SHH shall not be liable for, and I release SHH and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release SHH and its affiliates from all liability arising from or relating to:
(a) my breach of the Agreement;
(b) the promotion or operation of a SHH business by me or any other eMember and any activities related to it, including, but not limited to, the presentation of products or the Rewards, the operation of a motor vehicle, the lease of meeting or training facilities, etc., and agree to indemnify SHH and its affiliates for any liability, damages, fines, penalties, or other;
(c) any incorrect data or information provided by me or any other eMember or customer to SHH;
(d) my, or any other eMember failure to provide any information or data necessary for SHH to operate its business; or
(e) awards arising from any unauthorized conduct that I undertake in operating my business. I further agree to indemnify SHH for any liability, damages, fines, penalties or other awards arising from any unauthorized conduct that I undertake in operating my SHH business.

10. License to Use Certain Intellectual Property.

The Company grants to me a non-exclusive, royalty free, revocable license to use the intellectual property in SHH’s name, trademarks (whether registered or unregistered), and other intellectual property rights in any materials or documents pertaining to the subject matter of this Agreement for the purpose of promoting the products and sourcing potential customers. I agree the restrictions set forth in the Terms and Conditions (Terms of use, Terms of Agreements) on my use of SHH‘s name, trade names and trademarks, logos and other intellectual property and advertising in order to protect the rights, reputation and image of SHH.

11. The Agreement.

In its current e-form and as amended by SHH at its discretion, constitutes the entire contract between SHH and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.

12. Waiver.

Any variation or waiver by SHH of any breach of the Agreement must be in writing and signed by an authorized officer of SHH. Waiver by SHH of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.

13. Severability.

If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.

14. Delays.

SHH is not responsible for delays in the performance of its obligations under this Agreement when performance is made commercially impracticable due to circumstances beyond its reasonable control.

15. Jurisdiction and Governing Law.

This agreement will be governed by and construed in accordance with the laws of Malaysia and that any dispute between us regarding the Site or arising out of or in connection with this Agreement will only be dealt with by the courts of Malaysia.

16. Limitation of Action.

If an eMember wishes to bring action against SHH for any act or omission relating to or arising from the Agreement, such action must be brought within three months from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against SHH for such act or omission. eMember waives all claims that any other statutes of limitations apply.

PRIVACY POLICY

SKYHAHA Sdn Bhd respects your individual privacy. The Privacy Policy documents adherence to the highest industry standards for the protection of your personal information. By visiting SHH websites (“Site”) or using any of the services offered on the SHH websites, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

Version date: 20th December 2021

ALL RIGHT RESERVED @ 2021 SKYHAHA