TERMS OF USE (APP)
Terms and Conditions for Mitsui Shopping Park MY
Mobile App & Membership Loyalty Point Program
Article 1 Purposes
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 Loyalty 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. and MFMA Development Sdn. Bhd. These Terms and Conditions apply to the Point System operated by the Companies, alliance Points issued by Point service partners listed on the Company’s website (each, a “Point Service Partner”), and various services provided by each 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
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 either 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 either Company.
Article 3 Details, Method of Provision, Etc. of Membership Service
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 each Company. (These services might contain advertisement and promotions.) Even if a Member does not wish to receive such services, each Company shall be entitled to provide information with respect only to important matters determined by each 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) 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) 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) Points cannot be registered after a purchase is made.
(4) The outlets, goods, services, and payment methods set out below are ineligible for registration of Points.
(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
(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, correct, complete, non-misleading, and up-to-date information, and neither 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. Neither Company makes 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 either Company orally or in writing, etc. shall not cause the Company to bear any liability for these warranties or the like.
2. Neither Company will 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
Each Company uses and processes 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 , and any other information relating to each Member (collectively, “Member Information”) for the purposes set out in Article 8 and within the scope of use and processing set out in Articles 9 and 10. The Member Information are collected from the information you provided to the Company (including those from email and phone correspondences, and application forms) and. 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. Neither Company will not be liable for any damage caused by a failure to change the registered information.
Except for purposes of direct marketing, or unless otherwise notified in writing by either Company the provision of personal information or otherwise Member Information to either Company as contemplated by these Terms and Conditions is mandatory. Any failure to provide personal information or Member Information when requested by either Company, or any withdrawal of consent to either Company’s processing or use of personal information or Member Information may result in Companies’ inability to provide the services offered by the Companies, or allow the Member to participate in any program managed by the Companies, including the App-Based Membership Point System.
Article 8 Purposes of Use and Processing of Member Information
Each Company will use or otherwise process 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, each 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, health, travel, hotels, and resorts
(6) To operate events, services, and the like planned by each Company
(7) To offer guidance from the Companies, 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) 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) Scope of persons who jointly use the information
The Companies may provide Member Information to their affiliates, including 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.). As some of these entities may be located outside of Malaysia, Member Information may be transferred to places outside of Malaysia.
(3) Purpose of use
The provision of Member Information to the Companies’ affiliates are for the same purposes of use and processing as set out in Article 8
(4) Person responsible for joint use
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. As some of these entities or persons to which/whom Member Information is provided or disclosed may be located outside of Malaysia, Member Information may be transferred to places outside of Malaysia in these circumstances.
(1) To service providers of each Company providing information technology services, marketing services, information processing services, cloud storage services, and as may be selected by each Company for the purposes of use and processing set out in Article 8
(2) To outlets opened at Facilities, alliance partners of Facilities, and the like for the purposes of use and processing 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, inclding:
(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
(4) To legal and financial advisors engaged by each Company, or any other professional advisors or consultants engaged by the Companies, for purposes of each Company’s day-to-day operations, including for purposes of obtaining legal advice in the event of any claim brought against the Companies by any Member.
Article 11 Handling, Disclosure, Correction, etc. of Personal Information
Please see TERMS & CONDITIONS on each Company’s website in relation to the handling of personal information by each Company. Disclosure, correction, updating, addition, or deletion or suspension of use or the like of personal information or Member Information may be requested by a Member or his or her agent with authority of representation. Further to the above, a Member may contact each Company for purposes of any inquiries or complaints with regard to the personal information or Member Information used, held, or otherwise processed by each Company. In this connection, such enquires or complaints, or request to exercise any rights of the Member, shall be directed to:
For MFBCC Retail Mall Sdn. Bhd.:
Designation of Contact Person: [ The Manager / Data Protection Officer]
Phone Number: [03 – 2731 3555 ]
Email: [marketing@mfbbcc.com.my]
For MFMA Development Sdn. Bhd.:
Designation of Contact Person: [ Data Protection Officer]
Phone Number: [03 – 8777 9300]
Email: [info@mitsuioutletparkklia.com.my]
Further, a Member may seek to limit each Company’s use or processing of his or her personal information or Member Information by contacting each Company through the contact details above, requesting that part or all of such information be withdrawn from use or processing by each Company, or be used or processed for only a reduced or specified purpose or scope. The approval of such request shall be at the discretion of each Company unless otherwise required by law.
Article 12 Amendment to these Terms and Conditions
The Companies 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 Companies will post the amended matters on the Company’s website. The Companies 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 Companies 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 each 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 Companies 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 either Company or to obstruct either Company’ operations; or
(v) any other act similar to those provided for in (i) through (iv) above
3. A Member who is registered by the companies 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
1. 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.
2. Neither Company shall be held liable for the loss of any accumulated points, vouchers or Member information in the Account after the deletion of account.
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
Unless otherwise provided in these Terms and Conditions, 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 either Company, and the laws of Malaysia will be the governing law.
