TERMS OF USE (APP)

Terms and Conditions for LaLaport BUKIT BINTANG CITY CENTRE

Mobile App & Membership Point Program

 

Article 1         Purposes

  1. 1.     These terms and conditions for members of the App-Based Membership Point System (these “Terms and Conditions”; and the members of the App-Based Membership Point System shall be referred to as “Members” or “Member”) provide terms and conditions for the “App-Based Membership Point System” points (“Points”) service operated by MFBBCC Retail Mall Sdn. Bhd. (the “Company”).

  2. 2.     These Terms and Conditions apply to the Point System operated by the Company, alliance Points issued by Point service partners listed on the Company’s website (each, a “Point Service Partner”), and various services provided by the Company. However, with respect to each Point Service Partner, the terms and conditions for that Point Service Partner will prevail in relation to Articles 5, 6, and 15 of these Terms and Conditions, and if there is any discrepancy between the terms and conditions of a Point Service Partner and these Terms and Conditions, the terms and conditions of that Point Service Partner must be complied with.

 

Article 2         Membership

  1. 1.     Member means an individual (except for any person under the age of 18) who consents to these Terms and Conditions, applies for membership by himself or herself, and whose membership is approved by the Company. If an individual is under the age of 18, Member means an individual [(except for any person in elementary school or below)] whose parent, guardian or person with parental responsibility on such individual had consented to these Terms and Conditions, and applies for membership by himself or herself and whose membership is approved by the Company.

 

Article 3         Details, Method of Provision, Etc. of Membership Service

  1. 1.     Members may use the services set out in each of the following items that are provided by the Company.

    •     A.     Point service

      Points set forth in Article 4 will be registered when using Point service facilities (“Facilities”) or outlets listed on the Company’s website.

    •     B.     Information provision service

      Each Member is, at his or her request, entitled to receive various information services, such as subscriptions to e-mail newsletters and receipt of direct mail from facilities designated by the Company.  (These services might contain advertisement and promotions.)  Even if a Member does not wish to receive such services, the Company shall be entitled to provide information with respect only to important matters determined by the Company.

 

Article 4         Points

The Company will register Points in accordance with the amount spent or the like at a Facility, an outlet, or an online store.

1.         Eligibility for Point registration

  1. (1)       Points will be registered in accordance with the purchase amount (including consumption tax) when a Member uses a Facility or an outlet and purchases goods by presenting his or her Member QR code at the time of purchase.  Points might be registered later and not on the same date of purchase.  Please confirm the details at the Facility, the outlet, or the relevant website, etc.

  2. (2)    Payment methods eligible for registration of Points are limited to those designated by the Company.  (This might differ depending on the outlet, goods, service, or the like.)              

    Payments that do not fall under the abovementioned payment methods are ineligible for registration of Points.

  3. (3)       Points cannot be registered after a purchase is made.

  4. (4)       The outlets, goods, services, and payment methods set out below are ineligible for registration of Points.

  5. (i)      Goods: Tobacco; purchases of tradable coupons, including vouchers, merchandise certificates, gift certificates, postage stamps, and revenue stamps; purchases offset with rebates; and travel costs or the like; online spending / transactions

    (ii)      Services: Processing or repair charges or shipping charges or currency exchange

    (iii)    Payment by installment, payment for loans or the like, and payment of bill or utility fees or the like by account transfer; reloads or top-up transactions

    (iv)    Any transaction that is tainted with illegality and any other payments at outlets, payments for goods or services, payments for receivables, or the like that the Company designates ineligible for Points

  6. (5)       The Company shall be entitled to change the details regarding eligibility for Point registration without notice.

2.         Calculation method for Points

    (1)       In principle, one Point is registered for each purchase amount of RM 1 (including tax) (even if anything subject to a reduced tax rate is incorporated in the purchased goods, service, or the like, Points will be registered in accordance with the aforementioned provision).

    (2)       Notwithstanding the preceding item, the calculation method for Points might differ depending on campaigns conducted by the Company or on the facility, outlet, goods, service, or the like).

3.         Invalidation and correction of registered Points

            If a Member returns any purchased goods, Points that were recorded at the time of purchase will be invalidated.  Any surplus or shortfall due to an erroneous registration of Points might be subject to correction procedures without notice.

4.         Period of validity for Points

The period of validity for Points will be until the end of the year immediately following the year in which the Points were granted, and the earned Points will expire after the period elapses; the same applies in and after the following year.  (This means that the Points are valid for maximum two years and minimum one year).

5.         Inquiries regarding balance and period of validity for Points

The balance and period of validity for Points can be confirmed at the time of purchase, on the receipt issued after the purchase, and in the App (as defined below).

6.         Use of Points

Points may be used as follows:

    (1)       Use at the time of purchase

Members may use Points for a portion or all of the price of goods or services when shopping.  Please confirm details regarding facilities, outlets, goods, and services where Points can be used on the relevant website, etc.

    (2)       Use for services and the like as designated by the Company

Members may exchange Points for goods, services, and the like as designated by the Company.  Guidance regarding services eligible for Points is offered by each facility or on the relevant website, etc. For avoidance of doubt, the Points cannot be exchanged for cash.

    (3)       Notwithstanding item (1), the method of use for Points might differ depending on the service.

    (4)       Members may not assign or transfer Points to any third person or combine Points together with those of any third person.

    (5)       In order to use Points, prior registration of Member Information is necessary.

 

Article 5         Registration to use, and Expenses for, Application

1.         A Member may use the application by downloading the application (the “App”) provided by a commercial facility designated by the Company, entering required details in the prescribed form, and submitting the form by himself or herself.

2.         If the registered details are incomplete, insufficient, or the like, use of Points might be suspended after 30 days have elapsed since the date of admission or the date of first use of the Point card.

3.         Each Member is requested to fill in or enter true and correct information, and the Company will not be liable for any damage, loss or the like incurred by a Member due to any misrepresentation, error, or insufficiency in the information.

4.         There is no fee or annual fee for Point membership registration for the App.

5.         In principle, only one Point membership account for the App may be registered per person, and only the registered person may use the membership.  Points and Point membership account may not be assigned or transferred to another person.

 

Article 6         Disclaimer

1.         Each Member shall use Point services at his or her responsibility.  The Company makes no warranty, express or implied, as to the details of Point services (authenticity of information, accuracy, usefulness, safety, timeliness, rationality, fitness for the  purposes of users, non-infringement of any third party’s rights, and the like), condition of Point services at the time of provision, accessibility, or condition of Point services at the time of use.  Any information provided by the Company orally or in writing, etc. shall not cause the Company to bear any liability for these warranties or the like.

2.         The Company will not be liable to Members for any damage or loss including loss of profit, revenue, or the like arising out of Members’ use of Point services, damage or loss resulting from destruction of data, terminal equipment, or the like, expiration or loss of Points resulting from transfer, loss, theft, or the like of equipment with which Point services are used, or damage or loss caused by unauthorized use by a third party, etc., except in the case of the Company’s willful misconduct or gross negligence.

 

Article 7         Member Information

The Company uses each Member’s registered information, including IC number, passport number, nationality, name, address, month of birth, gender, telephone number, and e-mail address, and transaction history, such as purchase record (collectively, “Member Information”) for the purposes set out in Article 8 and within the scope of use set out in Articles 9 and 10.  If there is any change to a Member’s registered information, that Member shall change the registered information on the Member Information page within the App or by contacting the support desk.  The Company will not be liable for any damage caused by a failure to change the registered information.

 

Article 8         Purposes of Use of Member Information

The Company will use Member Information for the purposes set out below.

(1)       To offer guidance and make requests regarding, and conduct provision of, by phone or postal matter, such as letters and postal cards, benefits in accordance with the  purchase amount at Facilities and outlets, changes to the Point system, goods-related information, questionnaires, campaigns, sales, Point redemption, events, various presents, issues regarding purchased goods, discrepancies in purchase amounts, discrepancies in additional Points, and the like.

            Even if a Member does not wish to receive information, the Company shall be entitled to offer guidance by phone, but only in cases where there is a change to the Point system, an issue regarding purchased goods, a discrepancy in a purchase amount, a discrepancy in additional Points, and the like.

(2)       To send e-mail newsletters and direct mail (only when consent is obtained)

(3)       To manage registered details on the Member Information page in the App

(4)       To offer guidance set out in item (1), offer guidance via e-mail newsletters, and analyze customer trends for the purpose of adjusting functions on the Member Information page in the App in line with Members’ needs

(5)       To provide information on goods, services, and the like in connection with food, clothing, shelter, and recreation for Members, such as fashion, interior, remodeling, moving home, gardening, horticulture, DIY, gourmet, sports, heath, travel, hotels, and resorts

(6)       To operate events, services, and the like planned by the Company

(7)       To offer guidance from MFBBCC Retail Mall Sdn. Bhd, Mitsui Fudosan Co., Ltd, and each company of the Mitsui Fudosan group and provide various information.

 

Article 9         Joint Use

The Company shall conduct joint use of registered Member Information in the manner set out below.

  1. (1)       Items of personal data to be jointly used

    IC number, passport number, name, address, month of birth, gender, telephone number, e-mail address, and other similar information, and transaction history, such as purchase records

  2. (2)       Scope of persons who jointly use the information

    MFBBCC Retail Mall Sdn. Bhd, Mitsui Fudosan Co., Ltd., and each company of the Mitsui Fudosan group (consolidated subsidiaries stated in the Annual Securities Report and the like of Mitsui Fudosan Co., Ltd.)

  3. (3)       Purpose of use

  4.             Same as the purpose of use set out in Article 8

  5. (4)       Person responsible for joint use

                MFBBCC Retail Mall Sdn. Bhd

 

Article 10        Provision of Member Information to Third Persons

The Company will not provide Member Information to any third person except in the cases provided for in each of the items set out below.

(1)       To delegate services to a delegatee selected by the Company for the purposes of use set out in Article 8

(2)       To provide Member Information to outlets opened at Facilities, alliance partners of Facilities, and the like for the purposes of use set out in Article 8 (Member Information will be provided after ensuring that individuals cannot be identified and after taking measures for protection of Member Information)

(3)       In other cases that are prescribed in laws and regulations, such as the Personal Data Protection Act 2010, as follows:

        (i)        cases prescribed by laws and regulations;

      (ii)       cases in which there is a need to protect a human’s life, person, or property, and when it is difficult to obtain the principal’s consent;

      (iii)      cases in which there is a special need in relation to enhancing public hygiene or promoting the fostering of healthy children, and when it is difficult to obtain the principal’s consent; or

      (iv)      cases in which there is a need to cooperate in regard to a central government organization or a local government performing affairs prescribed by laws and regulations, and when obtaining the principal’s consent would interfere with the  performance of those affairs

 

Article 11       Handling, Disclosure, Correction, etc. of Personal Information

Please see MITSUI SHOPPING PARK LALAPORT BUKIT BINTANG CITY CENTRE – WEBSITE TERMS & CONDITIONS on the Company’s website in relation to the handling of personal information by the Company.  Disclosure, correction, addition, or deletion or suspension of use or the like of personal information may be requested by a Member or his or her agent with authority of representation.  Please see MITSUI SHOPPING PARK LALAPORT BUKIT BINTANG CITY CENTRE – WEBSITE TERMS & CONDITIONS on the Company’s website for detailed procedures and the like.

 

Article 12       Amendment to these Terms and Conditions

The Company may amend these Terms and Conditions at any time at its absolute discretion without obtaining the prior approval of Members.  If any amendment is made to these Terms and Conditions, the Company will post the amended matters on the Company’s website.  The Company will also make an announcement on the websites of each facility and by e-mail newsletters and the like.

If a Member falls under any of the following after the Company makes any amendment, the Member will be deemed to have approved the amendment:

1.         if the Member receives e-mail newsletters for a period of one month or more after the amendment is made to these Terms and Conditions;

2.         if the Member does not offer to withdraw his or her Point membership after the amendment made to these Terms and Conditions is posted on the Company’s website;

3.         if the Member uses Points at a Facility after the amendment made to these Terms and Conditions is posted on the Company’s website.

 

Article 13       Loss of Membership

If a Member is determined by the Company to be in violation of these Terms and Conditions and incompatible as a Member, that Member will lose his or her membership.  Accumulated Points will extinguish at the same time.

 

Article 14       Cancellation of Membership

If a Member falls under any of the items set out below, the Company shall be entitled to cancel his or her membership without notification or granting any opportunity for remedy to the Member.  The Company shall be entitled to extinguish Points accumulated by a Member concurrently with cancellation of membership.

1.         A Member falls under an organized crime group, an organized crime group member, a quasi-member of an organized crime group, a corporation affiliated with an organized crime group, a shareholder meeting extortionist (sokaiya) or the like, a corporate extortionist acting under the guise of a social movement or political activity (shakai undo-to hyobo goro), a group or individual that in the context of having a relationship with an organized crime group plays a key part in structural injustice using force or through a financial connection with an organized crime group (tokushu chino boryoku shudan to), or any other person similar to any of these entities (collectively, “Organized Crime Group Members, Etc.”) or any of the following items (i) and (ii):

    (i)        the Member has a relationship through which an Organized Crime Group Member, Etc. is considered to be unjustly used for the purpose of pursuing illicit gains for the Member or a third person, causing damage to a third person, or for any other similar purpose; or

   (ii)       the Member has a relationship through which he or she is considered to provide funds or benefits to an Organized Crime Group Member, Etc. or otherwise be involved in an Organized Crime Group Member, Etc.

2.         A Member, by himself or herself or using a third person, commits any of the following acts:

     (i)        a violent demand;

     (ii)       an unjust demand that exceeds the legal liability of that demand’s recipient;

     (iii)      use of threatening behavior or violence in connection with a transaction;

   (iv)      spreading of rumors or use of fraudulent means to damage the reputation of the Company or to obstruct the Company’s operations; or

    (v)       any other act similar to those provided for in (i) through (iv) above

3.         A Member who is registered by the Company for multiple Apps falls under any of the items in the preceding two items with respect to one or more of those Apps.

 

Article 15       Withdrawal from membership

When a Member withdraws from membership, that Member must take procedures prescribed by the Company and immediately delete the App from the terminal equipment onto which the App was downloaded.  Points accumulated until the time of withdrawal will extinguish.

 

Article 16       Amendment and Annulment of Membership Benefit

The Company shall be entitled to change or annul the Membership benefits and details regarding Point services without notice.

 

Article 17       Emergency Measures

In the case when it would be difficult or impossible to use the Point service due to a fire, an electric power failure, a natural disaster, communication line failure, obstructing conducts by third parties, legal regulations, epidemic or any other emergency, the Company shall be entitled to fully or partially suspend use of Points at its absolute discretion without providing Members with prior notice.

 

Article 18       Contact Points

Inquiries and requests for consultation regarding these Terms and Conditions, Member benefits, and Member Information will be handled by the Facility in question.

 

Article 19       Jurisdiction and Governing Law

Courts of Malaysia will be the court with jurisdiction over any dispute between a Member and the Company, and the laws of Malaysia will be the governing law.