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The Loyalty Customer Account Programme (“LCA Programme”) is owned by Uptrend Network Sdn. Bhd. (Company No. 587955-U) (AJL 931489) (“Uptrend”) and is managed and operated by Smartlink International Sdn. Bhd. (Company No. 731385-W) (“Smartlink”). Registered members of the LCA Programme are rewarded for participation in the LCA Programme and are entitled to enjoy benefits such as earning loyalty points known as S-Points which may be redeemed for cash or such other rewards as determined by Smartlink.
In order to participate in the LCA Programme, you must first register yourself as a member of the LCA Programme by completing, signing and returning to Smartlink the LCA Programme registration form (“Registration Form”).
These terms and conditions (“these Terms and Conditions”) govern your participation in the LCA Programme and are made between you and Smartlink. By signing and returning the Registration Form to Smartlink, you acknowledge that you have read and fully understood these Terms and Conditions and hereby agree to be legally bound by the same.
If you are an existing member, these Terms and Conditions shall supersede and replace in entirety the existing LCA Programme membership terms and conditions (if any) and terms and conditions of use of a particular loyalty card/co-brand card made between you and Smartlink. For avoidance of doubt, these Terms and Conditions shall not affect any existing agreement or terms and conditions made between you and any third party for use of any loyalty card/co-brand card issued to you under the LCA Programme (including without limitation, the agreement or terms and conditions made between you and AmBank (M) Berhad (Company No. 8515-D) for use of the AmBank MasterCard/ Visa PrePaid Card) and such existing agreement or terms and conditions shall continue to remain binding, valid and in effect and shall be treated as “Loyalty Card Specific Terms and Conditions” (as defined in Clause 2.1.3) for purposes of these Terms and Conditions. |
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| 1.1 |
Any individual who is eighteen (18) years and above of age is eligible to participate in and become a member of the LCA Programme. Membership is personal and non-transferable.
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| 1.2 |
In registering for the LCA Programme, you shall submit true, accurate, current and complete information about yourself (including without limitation, name, age and contact details) and throughout the duration of your membership, you must immediately notify Smartlink in writing of any changes to your information so as to ensure that the same is true, accurate, current and complete at all times. You shall provide Smartlink with such additional information as may be requested by Smartlink from time to time. Smartlink will not be responsible for any failure to perform under the LCA Programme or these Terms and Conditions where such failure is attributable to your breach of this Clause 1.2. |
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| 2.1 |
Smartlink may from time to time at its sole and absolute discretion issue cards to you under the LCA Programme (“Loyalty Card”) for purposes of inter alia collecting S-Points (or other loyalty points) (“Points”) subject to all of the following:-
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| 2.1.1 |
your full and unconditional compliance of these Terms and Conditions;
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| 2.1.2 |
your payment of any subscription/registration fees or purchase price for the Loyalty Card; and
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| 2.1.3 |
your acceptance of and agreement to any specific/supplemental terms and conditions governing the use of a particular Loyalty Card to be entered into between you and Smartlink or a third party (“Loyalty Card Specific Terms and Conditions”). Unless otherwise expressly provided, in the event of any conflict or inconsistency between the Loyalty Card Specific Terms and Conditions and these Terms and Conditions, the Loyalty Card Specific Terms and Conditions shall prevail in respect of such conflict or inconsistency.
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| 2.2 |
The Loyalty Card may be co-branded with third parties and may also have other functions/purposes.
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| 2.3 |
The Loyalty Card shall at all times remain the property of Smartlink (or its designee) and you shall not assign, transfer or otherwise part with the control or possession of the Loyalty Card or use the same for any unlawful/illegal purpose or purpose unauthorised by Smartlink (or its designee).
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| 2.4 |
You shall take all necessary precautions and security measures to ensure the proper and valid use of the Loyalty Card and to prevent any loss or damage to the same.
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| 2.5 |
Any incident of lost, damaged or defective Loyalty Card must be reported immediately in writing to Smartlink. Smartlink will at its sole and absolute discretion issue a replacement card subject to payment of a replacement fee determined by Smartlink. Notwithstanding anything to the contrary, Smartlink shall not be liable for its refusal to replace a loss, damaged or defective Loyalty Card or for any delay in replacing the same or for any unlawful/illegal/unauthorised use of the Loyalty Card. At the sole election of Smartlink, the replacement Loyalty Card may be sent to you or collected from Smartlink.
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| 2.6 |
Subject to any Loyalty Card Specific Terms and Conditions, you may apply for and have multiple Loyalty Cards of the same type.
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| 2.7 |
Unless otherwise expressly provided under the Loyalty Card Specific Terms and Conditions:-
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| 2.7.1 |
each Loyalty Card is personal and non-transferable; and
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| 2.7.2 |
each Loyalty Card issued is renewable on a yearly basis subject to payment of an annual renewal fee determined by Smartlink or as prescribed under the Loyalty Card Specific Terms and Conditions. You acknowledge and agree that Smartlink may deduct the annual renewal fee from your S-Wallet (as hereinafter defined).
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| 2.8 |
You acknowledge and agree that any and all payments made by you to Smartlink under or pursuant to the LCA Programme shall be non-refundable under any circumstances whatsoever.
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| 2.2 |
The Loyalty Card may be co-branded with third parties and may also have other functions/purposes.
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| 3.1 |
Subject to Clauses 3.2, 3.3 and other provisions hereunder, Points will be rewarded to you when you purchase qualifying goods or services from merchants who recognise and honour the Loyalty Card (“Participating Merchant”). Smartlink and the Participating Merchant may from time to time determine which goods or services qualify for the reward of Points and the corresponding amount of Points that will be rewarded.
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| 3.2 |
Where the purchase is made at the Participating Merchant’s shops, outlets, branches and/or premises, you shall present the relevant Loyalty Card to the Participating Merchant for Point collection before the purchase transaction is concluded, failing which, you shall not be entitled to Points for the amount spent. Where the purchase is made via other modes or means as permitted by Smartlink and the Participating Merchant, you must furnish your account number and such other information required by Smartlink for Point collection before the purchase transaction is concluded, failing which, you shall not be entitled to Points for the amount spent.
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| 3.3 |
Points issued by Participating Merchants will not be considered as having been rewarded to you until notification of the issue of such Points has been received and recorded by Smartlink in your S-Wallet account (“S-Wallet”). Notwithstanding anything to the contrary, Smartlink will not be responsible or liable for any failure or delay by any Participating Merchant in notifying Smartlink of Points rewarded to you.
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| 3.4 |
At the end of every month throughout the duration of your membership, all Points collected will be converted into cash rebates and channeled to your S-Wallet based on the cash rebate conversion formula determined by Smartlink. Points collected for a particular month will not be carried forward to the following month.
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| 3.5 |
Redemption of cash rebates can be made only when your S-Wallet reaches an amount of Ringgit Malaysia One Hundred and Fifty (RM150.00) and above or such other minimum amount as determined solely by Smartlink. Cash rebates will be paid to you via such mode or means as may be determined by Smartlink at its sole and absolute discretion, including without limitation, by automatically crediting such cash rebates into the Loyalty Card. In the event payment is made by bank transfer to your designated bank account, any and all bank charges incurred in relation thereto shall be borne by you,
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| 3.6 |
Notwithstanding anything to the contrary, Smartlink may at any time without liability deduct Points from your S-Wallet in the event:-
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| 3.6.1 |
such Points are suspected to be fraudulently obtained or recorded;
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| 3.6.2 |
such Points are erroneously awarded or recorded; or
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| 3.6.3 |
such Points are derived from any transaction which has been cancelled, voided, refunded or reversed.
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You acknowledge and agree that Smartlink’s decision on the matters set out in Clauses 3.6.1, 3.6.2 and 3.6.3 shall be final, conclusive and binding.
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| 3.7 |
You must maintain at least 2,000 Points monthly to qualify for the Member Referral Program. Points collected for a particular month will not be carried forward to the following month. For avoidance of doubt, the term “Member Referral Program” means Uptrend’s Plan C, which is subject to such terms and conditions for participation as determined and amended by Uptrend from time to time.
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| 3.8 |
Any dispute or discrepancy in Point calculation or claims for non-receipt/collection of Points must be notified by you to Smartlink within thirty (30) days from the date of your online monthly statement; failing which, Point calculation shall be deemed correct and binding. It shall be your sole responsibility to check Smartlink’s designated website for your online monthly statement. Any dispute or discrepancy must be supported by documentary evidence such as purchase/sales receipts to assist Smartlink in settling the dispute or discrepancy. Notwithstanding anything to the contrary, you acknowledge and agree that Smartlink’s decision on any such dispute or discrepancy shall be final, conclusive and binding.
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| 4.1 |
Notwithstanding anything to the contrary, Smartlink makes no representation, endorsement, guarantee or warranty of any kind whatsoever in respect of any goods and/or services purchased from any Participating Merchants, including but not limited to the condition, quality, suitability, fitness and/or safety thereof. You are advised to liaise directly with the Participating Merchants for the relevant warranties or guarantees (if any) in respect of the goods and/or services purchased.
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| 4.2 |
Notwithstanding anything to the contrary and to the greatest extent permitted by law, Smartlink will not be liable for any loss or damage of whatever kind suffered or incurred by you or any other person or third party (whether indirect, direct, consequential, incidental, punitive, aggravated, special damages or all other loss and damage, including without limitation, lost profits, loss of business, economic loss, lost savings, goodwill or anticipated profits, loss, destruction or corruption of data or communications, death or injury to person or loss or damage to property), whenever and howsoever arising whether in contract, tort, negligence or otherwise, in connection with or arising from the (i) goods and/or services purchased from the Participating Merchants, including without limitation any defect, deficiency, use, consumption, performance, delivery, access or operation thereof; (ii) any retention of and/or refusal by a Participating Merchant to recognise or honour any Loyalty Card; (iii) any statement, representation, warranty, guarantee, endorsement or communication made by such Participating Merchant whether in relation to its goods or services or otherwise; and/or (iv) any act, omission, delay, default or negligence of the Participating Merchants or their officers, directors, personnel, employees, agents or contractors; even if Smartlink has been advised of the possibility of such damages or losses in advance, and all such damages or losses are expressly disclaimed.
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| 4.3 |
The Participating Merchant may impose terms and conditions as to their supply of the qualifying goods and/or services. You are required to read and understand such terms and conditions imposed by the Participating Merchant before concluding a transaction with the Participating Merchant. You agree to resolve any proceeding, claim or dispute arising between you and the Participating Merchant directly with the Participating Merchant and not through Smartlink and you further undertake not to enjoin Smartlink in any such proceedings, claim or dispute with the Participating Merchant. Smartlink will not be responsible or liable for any dispute arising between you and the Participating Merchant whether relating to the goods and/or services purchased or otherwise.
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| 5.1 |
You hereby acknowledge and agree that all and any intellectual property rights or other proprietary rights subsisting in and/or arising from the (i) the LCA Programme; (ii) the Loyalty Card (including without limitation, the design as well as “look and feel” thereof and any names, logos, devices, symbols and trade marks appearing thereon); (iii) any derivative works, developments, improvements, modifications, additions and enhancements of the foregoing items referred to in (i) and (ii) shall belong to Smartlink (or its designee) and/or Uptrend and/or the Participating Merchant and/or Smartlink’s business or joint venture partners and/or other third parties. Without limiting the generality of the foregoing, the “Smartlink” trade mark and all goodwill associated therewith belongs to and shall remain the property of Smartlink (or its designee). Nothing herein or elsewhere shall be construed as granting you any licence or rights in respect of the aforesaid intellectual property and you shall not use or reproduce the same without the prior written consent of the relevant owner.
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| 6.1 |
Notwithstanding anything to the contrary and to the greatest extent permitted by law, Smartlink will not be liable for any loss or damage of whatever kind (including without limitation, (i) loss of profits, income or goodwill, loss of business, loss, destruction or corruption of data or communications, loss of anticipated revenue or savings or economic loss, and (ii) special, incidental, direct, indirect, exemplary, aggravated, punitive or consequential damages, or (iii) death or injury to person or loss or damage to property); suffered or incurred by you or any other person or third party, whenever and howsoever arising whether in contract, tort, negligence or otherwise, in connection with or arising from:-
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| 6.1.1 |
the LCA Programme and/or your participation thereof;
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| 6.1.2 |
the Loyalty Card and/or your use thereof;
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| 6.1.3 |
any breach of or failure on the part of Smartlink to perform or comply with its obligations or provisions under these Terms and Conditions, the Loyalty Card Specific Terms and Conditions or the LCA Programme; and/or
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| 6.1.4 |
any act, omission, delay, default or negligence of Smartlink, its related corporations (as defined under the Companies Act 1965), subsidiaries, officers, directors, personnel, employees, joint venture/ business partners, sponsors, agents or contractors.
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even if Smartlink has been advised of the possibility of such damages or losses in advance, and all such damages or losses are expressly disclaimed.
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| 6.2 |
If Smartlink is found liable by a court of competent jurisdiction or tribunal under or pursuant to these Terms and Conditions or howsoever arising as a result of the LCA Programme or Loyalty Card, Smartlink’s liability to you for any losses or damages which are directly attributable to the fault of Smartlink and/or are the result of failure to perform or breach by Smartlink of these Terms and Conditions and/or any acts, omissions, delay or default of Smartlink (whether negligent or otherwise), shall not exceed, for all claims, actions and causes of action of every kind and nature (including without limitation, breach of contract, tort or negligence), an aggregate amount of Points accumulated by you in your S-Wallet (but not yet redeemed and paid to you) up to the date such liability accrued based on a cash rebate conversion formula of every 1,000 Points being equivalent to Ringgit Malaysia Three (RM3.00) only.
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| 6.4 |
Notwithstanding anything to the contrary, Smartlink will not be liable or responsible in the event Smartlink’s sponsor joint venture/business partner or other third party refuses, fails or neglects to deliver, provide or perform any benefits or privileges under the LCA Programme.
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| 6.5 |
Without prejudice to the other rights and remedies available to Smartlink under these Terms and Conditions or at law or in equity, you shall be liable for, and shall indemnify, protect, defend and hold harmless Smartlink, its related corporations (as defined under the Companies Act 1965), subsidiaries, officers, directors, personnel, employees, joint venture/business partners, sponsors, agents, contractors, Uptrend and the Participating Merchant (hereinafter referred to as “Indemnitees”) from all claims, demands, suits, proceedings or actions (including all legal fees incurred in connection therewith on a solicitor-client basis) which may be asserted against any of the Indemnitees for any kind of loss or damages, including without limitation any damage or injury to property or persons and incidental and consequential damages, which may be sustained by any third party or any of the Indemnitees arising out of:-
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| 6.5.1 |
Your act, omission, delay, default or negligence;
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| 6.5.2 |
Your use, misuse or unauthorised use of the Loyalty Card;
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| 6.5.3 |
Your participation in the LCA Programme; and/or
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| 6.5.4 |
Your breach of or failure to perform or comply with any provision, obligation, undertaking, warranty or representation on your part contained in these Terms and Conditions or the Loyalty Card Specific Terms and Conditions. |
The indemnity referred to in this Clause 6.5 shall be granted by you to the Indemnitees whether or not legal proceedings are instituted or not, and if such proceedings are instituted, irrespective of the means, manner or nature of any settlement, compromise or determination.
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| 7.1 |
Smartlink may at its sole and absolute discretion terminate or cancel your membership of the LCA Programme and/or suspend, terminate, cancel, withdraw, revoke or invalidate all or any one or more Loyalty Card(s) issued to you with or without notice to you upon the occurrence of any of the following:-
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| 7.1.1 |
You refuse or fail to perform or observe or otherwise breach any of the provisions, obligations, undertakings, warranties or representations on your part contained in these Terms and Conditions or the Loyalty Card Specific Terms and Conditions;
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| 7.1.2 |
You die or Smartlink is of the view that your position is or has become unsound and/or your ability to fulfill these Terms and Conditions or the Loyalty Card Specific Terms and Conditions is or has become impaired;
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| 7.1.3 |
A petition is presented against you for bankruptcy or you are declared bankrupt;
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| 7.1.4 |
You commit an act of dishonesty or fraud or are charged with or convicted of an offence or are the subject of any investigation by any governmental authority; and/or
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| 7.1.5 |
You engage in any conduct deemed by Smartlink to be prejudicial to Smartlink’s rights, business or interests;
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| 7.1.6 |
You misuse the Loyalty Card or otherwise use the Loyalty Card for any unlawful, illegal or fraudulent purposes.
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| 7.2 |
You may cancel your membership by giving at least ten (10) Business Days’ prior written notice to Smartlink. For avoidance of doubt, the term “Business Days” means days that Smartlink is open for business from Mondays to Fridays, 9:30 am to 5:30 pm and Saturdays, 9:30 am to 1:00 pm (excluding public holidays in Malaysia and the state of Selangor). Upon cancellation, all and any fees, charges or other payments made to Smartlink shall be non-refundable.
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| 7.3 |
The LCA Programme and all related benefits or privileges are offered at the sole discretion of Smartlink. Notwithstanding anything herein or elsewhere to the contrary, Smartlink reserves the right at its sole and absolute discretion at any time with or without notice to amend, modify, vary, replace, withdraw, restrict, reduce, suspend, revoke, invalidate cancel or terminate (i) the LCA Programme and/or all related benefits or privileges; and/or (ii) all or any one or more Loyalty Card(s); without assigning any reasons and without any liability or compensation to you.
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| 7.4 |
Upon termination or cancellation of your membership or termination, cancellation, withdrawal, revocation or invalidation of the Loyalty Card for any reason whatsoever, the following provisions shall apply:-
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| 7.4.1 |
you shall forthwith cease all use of all the Loyalty Cards (in the case of termination or cancellation of membership) or the relevant Loyalty Card (in the case of termination, cancellation, withdrawal, revocation or invalidation of a particular Loyalty Card(s)) and destroy or otherwise return the same to us;
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| 7.4.2 |
in the event of termination or cancellation of your membership or termination, cancellation, withdrawal, revocation or invalidation of the Loyalty Card pursuant to Clause 7.1.1, 7.1.3, 7.1.4, 7.1.5, 7.1.6 or 7.3, all accumulated Points and cash rebates subsisting in your S-Wallet and/or Loyalty Card will be forfeited;
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| 7.4.3 |
provided always that you have fully complied with all of these Terms and Conditions and the Loyalty Card Specific Terms and Conditions, in the event of termination or cancellation of your membership or termination, cancellation, withdrawal, revocation or invalidation of the Loyalty Card pursuant to Clause 7.1.2 or 7.2, all accumulated Points subsisting in your S-Wallet at the date of termination, cancellation, withdrawal, revocation or invalidation will be converted into cash rebates and all cash rebates due to you will be paid to you (or in the case of death, your estate upon production of the relevant grant of probate or letters of administration) via such mode or means as may be determined by Smartlink at its sole and absolute discretion; and
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| 7.4.4 |
all and any fees, charges or other payments made to Smartlink shall be non-refundable.
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| 8.1 |
By registering as a member of the LCA Programme and submitting any information (including without limitation, your personal information such as your name, personal particulars and contact details) requested by Smartlink, you give Smartlink your consent and permission to:-
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| 8.1.1 |
collect, process and/or use such information for the operation and maintenance of the LCA Programme or Smartlink’s business and marketing purposes/activities including without limitation, planning, product development, telemarketing promotions, surveys or research and other carefully screened marketing programmes, improving Smartlink’s products and services to address customer needs, or sending you publications or information regarding the LCA Programme, Loyalty Cards, Smartlink’s products, services, events and/or promotions;
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| 8.1.2 |
share such information with and disclose to third parties which Smartlink engages to perform certain functions on Smartlink’s behalf and where these third parties require access to such information in order to perform such functions; and/or
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| 8.1.3 |
collect, process and/or use such information for purposes of complying with any applicable law, regulations, guidelines, notices, codes and/or directives.
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| 9.1 |
Governing Law - These Terms and Conditions shall be governed by the laws of Malaysia. All disputes arising out of these Terms and Conditions and the LCA Programme shall be subject to the exclusive jurisdiction of the Courts in Malaysia but Smartlink is at liberty to proceed against you in the Courts of any other country where jurisdiction may be established (including the jurisdiction where you reside or your place of business is located).
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| 9.2 |
Force Majeure - Smartlink will not be liable to you for any breach of these Terms and Conditions or for any delay or failure to perform under these Terms and Conditions or the LCA Programme if the breach, delay or failure is due to an event of Force Majeure. An event of “Force Majeure” means an event not within the control of Smartlink, which Smartlink is unable to prevent, avoid or remove and shall include without limitation (i) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, rebellion, revolution, insurrection, military or usurped power, civil war, terrorism; (ii) natural catastrophe including but not limited to earthquakes, floods, subsidence, lightning, fire and exceptionally inclement weather; (iii) burglary, theft, riot and disorders, criminal damages, sabotage, strike, lockout, revocation of work permits, shipping delays, labour unrest or other industrial disturbances, and/or (iv) any Trojan horses, worms, viruses or other disabling or disruptive programs or devices. If Smartlink considers the event of Force Majeure to be of such severity or to be continuing for an aggregate period of thirty (30) days such that Smartlink is unable to perform any of its obligations or provisions under these Terms and Conditions or the LCA Programme, Smartlink may terminate the LCA Programme and all related benefits and privileges (including any or all Loyalty Cards) immediately with or without notice to you and without any liability or compensation to you.
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| 9.3 |
Severance - If any provision (or part thereof) of these Terms and Conditions is held to be illegal or invalid under present or future laws or regulations, such provision (or part thereof) shall be fully severable and these Terms and Conditions shall be construed as if such illegal or invalid provision (or part thereof) had never comprised a part of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect and shall not be affected by the illegal or invalid provision (or part thereof) or by its severance from these Terms and Conditions.
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| 9.4 |
Waiver - Failure by Smartlink to enforce, at any time, any provision of these Terms and Conditions shall not be construed as a waiver of its right to enforce the breach of such provision or any other provision in these Terms and Conditions or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provision of these Terms and Conditions.
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| 9.5 |
Survival - The provisions in Clauses 4, 5, 6, 7.4 and 8 shall survive the termination or cancellation of the LCA Programme or termination, cancellation, withdrawal, revocation or invalidation of the Loyalty Card(s) for any reason whatsoever.
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| 9.6 |
Notices - Unless otherwise specifically provided under these Terms and Conditions or where otherwise notified by Smartlink to you from time to time, any and all notices, instructions or other communications to be given hereunder by you to Smartlink shall be in writing, and sent by way of personal delivery, facsimile or electronic mail and shall be effective only upon the receipt by you of Smartlink’s acknowledgment of receipt of the said notice.
Unless otherwise specifically provided under these Terms and Conditions or where otherwise notified by Smartlink to you from time to time, you accept and agree to the manner in which Smartlink will give notice to you, at Smartlink’s sole discretion, in any one of the following methods:
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| (a) |
by ordinary or registered post to your last known address in accordance with Smartlink’s records; or
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| (b) |
by facsimile to your last known facsimile number in accordance with Smartlink’s records; or
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| (c) |
by electronic mail to your last known electronic mail address in accordance with Smartlink’s records; or
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| (d) |
by any other manner of notification at Smartlink’s discretion from time to time.
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You shall be deemed to be in receipt of a notice from Smartlink
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| (aa) |
if the notice is delivered by ordinary or registered post, three days (3) days after date of posting; or
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| (bb) |
if the notice is sent by facsimile machine, upon completion of transmission as evidenced by a fax confirmation slip; or
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| (cc) |
if the notice is sent by electronic mail, upon the date and time of sending.
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| 9.7 |
Variation - Smartlink reserves the right at any time (whether with or without notice) to amend or vary these Terms and Conditions and your continued participation in the LCA Programme and/or use of the Loyalty Card(s) will amount to your agreement to and acceptance of such amendments or variations.
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| 9.8 |
Assignment - You shall not assign, transfer or deal in any way (whether by assignment, sub-licensing or otherwise) any rights, liabilities, benefits, privileges or obligations under these Terms and Conditions or the LCA Programme without the prior written consent of Smartlink. Smartlink may assign, transfer or deal with in any way any rights, liabilities, benefits, privileges or obligations under these Terms and Conditions or the LCA Programme with or without notice to you. |
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