TERMS OF SERVICE

Definitions


In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:

a) “Account” means Member’s account containing details including Membership ID, Member’s Personal Information, record of accumulated Points and Points balance;

b) ‘Electronic Equipment’ means the equipment provided by PENANG360 or its assigned electronic equipment provider to the Merchant in respect of Programme such as device, tablet or Electronic Data Capture Terminal;

c) “Member” or “Members” means individual(s) who has/have personally signed up, applied for and has/have been accepted by PENANG360 as participating member(s)of the Programme and granted Penang360 Card in accordance to the Terms and Conditions set forth herein;

d) “Membership Identification” means identification of membership (including Password, Member’s ID and PIN) under the Programme in accordance to these Terms and Conditions;

e) “Merchant” or “Merchants” means the participating merchant(s) of the Programme;

f) “Web Application” or “Mobile Application” means the web and mobile application(s) owned and operated by PENANG360 in relation to Programme;

g) “Credits” means the equivalent monetary value topped up by Member to be used for the payment of transactional services. For avoidance of doubt, the Wallet Credits are different from and are stored separately from the Points.

h) “Point” or “Points” means the Points awarded to Members for redemption of purchases made at participating Merchants’ outlets under the Programme;

i) “Programme” or “Penang360” means PENANG360 Programme operated by Snowball Capital Partners Sdn Bhd;

j) “Rewards” means the products, services, vouchers, rewards, gifts or other benefits made available by Merchants under the Programme which may be redeemed by Members;

k) “Penang360 Card” or “the Card” means PENANG360 Programme Membership Card incorporated with Wallet Credits;

l) “Penang360” means Snowball Capital Partners Sdn. Bhd. (Company No. 1311041-W), a company incorporated in Malaysia under the Companies Act 2016;

m) "Top Up" means the transaction of adding Credits to Penang360 Card conducted at web or mobile applications by Member;

n) “Total Invoice Value” means the total amount charged by a Merchant for purchase of goods or services at a Merchant’s outlet after deduction of any applicable discounts and rebates while for an F&B outlet, after the addition of service charges and government service tax or any other taxes as imposed under the applicable law;

o) “Website” means the website owned and operated by PENANG360 in relation to the Programme and located at www.penang360.my or any other addresses which PENANG360deems fit from time to time.

1. Membership


1.1) Membership is open to residents of Malaysia and expatriates residing in Malaysia only.

1.2) Membership is open to individuals who are 13 years of age and above.

1.3) An eligible individual may sign up and register for the Programme with Penang360through the Website or by any other methods that PENANG360 may decide to implement and establish from time to time and may then earn Points on various purchases at participating Merchants’ outlets upon and subject to these Terms and Conditions;

1.4) By signing and submitting the application of membership, the applicants accept and agree to these Terms and Conditions.

1.5) Membership and Members’ entitlement to membership benefits and privileges of the Programme, including the redemption of Points and Rewards, shall be in accordance with these Terms and Conditions.

1.6) Approval and grant of membership shall be at the sole and absolute discretion of PENANG360.

1.7) Each eligible individual shall only apply for and hold one (1) valid Card only as a Member at any one time. Each member will be issued a form of Membership Identification which PENANG360 deems fit.

1.8) PENANG360 reserves the right to reject additional or multiple applications if PENANG360 determines in its sole and absolute discretion that the applications are made by the same person.

1.9) In valuing the customers, the membership is FREE from any registration, joining, or membership charges. Notwithstanding this, PENANG30 reserves the right to apply any charges and member fees at any time as it deems fit.

1.10) By signing up to the PENANG360 Programme, member covenants that he/she has received consent from their guardian/parent where required

2. Penang360 Card


2.1) The use of Penang360 Card by Members shall be in accordance with these Terms and Conditions and instruction of PENANG360, as notified from time to time.

2.2) Penang360 Card, the Points, Credits and all the benefits and privileges of membership are non-transferable and non-assignable to third parties and exclusively reserved for the Members.

2.3) Penang360 Card shall not be pledged by any Member as security for any purpose whatsoever.

2.4) Penang360 Card is and shall at all times remain the property of PENANG360 and shall be returned to PENANG360 immediately upon cancellation or termination of membership and may be repossessed by PENANG360 at any time for any reason as PENANG360 deems fit.

3. Awarding and Redemption of Points and Rewards


3.1) Awarding of Points:
Member will be awarded 1 point for every RM1.00 of the “Total Invoice Value” (if any value after decimal, to be rounded down to the nearest RM1.00) from purchase of goods/services at a Merchant’s outlet, unless otherwise stated.

3.3) A Member’s Account must be in good standing upon the time of redemption or awarding.

3.4) A Member may redeem the Points earned at all Merchants’ outlets or at any other places or method specified by PENANG360 from time to time. Member may refer to the current list of Merchants which is available on the Website, Web or Mobile Applications or any other sources as determined by PENANG360.

3.5) When a Member redeems his/her Points, the Points shall be utilized on first in first out basis.

3.6) A Member may redeem his/her Points in full or partially to settle the Total Invoice Value, subject to the compliance with the procedures for redemption.

3.7) For a partial redemption, the remaining unpaid Total Invoice Value is payable by the Member to the Merchant in the normal course of business (either by cash or credit card, as required by the Merchant) and the Member will earn Points on the Total Invoice Value.

3.8) PENANG360 reserves the right to suspend a transaction and/or reallocate, recalculate, reverse or adjust the Points or take any necessary action, with or without any notice in the event that PENANG360 has a reasonable ground to suspect that the Points were awarded, earned or redeemed fraudulently or in error.

3.9) Points are not exchangeable for cash and cannot be converted to cash.

3.10) The member will be entitled for Point awards and a Merchant may perform an offline Point awarding transaction under certain circumstances as verified and confirmed by PENANG360.

3.11) A Member may check the history and record of Points’ accumulation, current Points balance, any other relevant information available under the Account at the Members’ own risk through Website, or any other methods as PENANG360may decide to establish from time to time.

3.12) A Member shall frequently review his/her Account to check and verify the correctness and accuracy of current Points balance.

3.13) There shall be no awarding of retrospective Points for backdated receipts. Points are only awarded for receipts/purchases made on the day of purchase.

3.14) Points will be awarded or redeemed at the rate as agreed between PENANG360 and the Merchant when a Member purchases goods or services at the Merchant’s outlets which may vary among the Merchants.

3.15) The Points shall automatically expire and become invalid upon expiry of 12months from the date of transaction. Members are encouraged to redeem their accumulated points before the expiry date.

3.16) Any accepted redemption shall not be cancelled and the redeemed Rewards are not exchangeable for cash and non-returnable, unless otherwise stated. Any dispute concerning goods and services received as Reward shall be settled between the Member and the Merchant, service establishment and/or supplier, from which the goods or services were purchased. PENANG360 will bear no responsibility for resolving such disputes, or for the dispute itself.

3.17) Upon confirmation of redemption, the available Points for redemption will be recalculated for the Member’s account.

3.18) The Programme and all Rewards are subject to availability and further subject to all applicable rules and terms and conditions (including booking requirements, cancellation restrictions, return conditions, warranties and limitations of liability) imposed by the respective Merchant and PENANG360.

3.19) PENANG360 shall neither be liable nor held to be liable for any claims, loss, costs, expenses or damages or whatever nature resulting from the redemption of any of the Point or Rewards by the Members.

3.20) PENANG360 shall make no representation or warranty (either express or implied) of any kind with regards to the condition, fitness for purposes, merchantable quality or otherwise of any products or goods or services or any Rewards supplied by Merchants or third party.

3.21) PENANG360 shall not be responsible for any failure or delay by a merchant or third party to supply such Reward.

3.23) PENANG360 shall be disclaimed for any delay in the posting of the transactions, the accrual and/or accumulation of the Points.

3.24) All awarding or redemptions of Points are subject to Merchant’s final acceptance.

3.25) In the event of any refund or purchase/order cancellation in relation to any purchase of goods or services, the Merchant may deduct the whole or part of the Points in the Account for such refund or cancellation at its deems fit subject to the Merchant’s policy.

4. Wallet Credits and Point Conversion


4.1) Members may Top Up the Wallet Credits by paying to Penang360 Card conducted at web or mobile applications.

4.2) Members shall use Penang360 Card and Wallet Credits at their own risk.

4.3) Wallet Credits is not applicable for offline transaction.

4.4) Points are non-convertible to Wallet Credits.

4.5) PENANG360 shall not honor any unauthorized use of Penang360 Card and PENANG360 shall forthwith invalidate Penang360 Card at its sole discretion.

4.6) PENANG360 reserves the right without incurring any liability in whatsoever form and manner to suspend the usage of Penang360 Card for redemption services at any given time in the event that any technical failure occurs in the Penang360 network or the redemption services are being upgraded, modified or maintained.

5. Refund Process for Wallet Credits


5.1) Subject to these Terms and Conditions, refund of balance of Wallet Credits balance will be made by PENANG360 only upon the cancellation or termination of membership or the Programme. To obtain the refund from PENANG360, Members are required to fill up the prerequisite refund form at PENANG360 Membership section under Web or Mobile Applications and provide the supporting documents together correct and complete bank account details in order to facilitate the refund process.

5.2) PENANG360 will levy a processing fee of Ringgit Malaysia Six Only(“Processing Fee”) upon the refund. All the details of bank account as provided by the Member in the refund form shall be deemed as complete and correct.

5.3) PENANG360 will refund the balance of Wallet Credits in the Member’s account (after deduction of Processing Fee) within thirty (30) days upon the submission of the refund form by Members (subject to the approval from management).

5.4) No refund of Wallet Credits nor compensation will be made in the event of:-
i) any unlawful act, unauthorized use and/or cloning of Penang360 Cards; or
ii) any point conversion into Wallet Credits

6. Loss, Stolen, or Damage of Card


6.1) In the event that the Card is lost, stolen or damaged, Member must promptly report to PENANG360 by email viahello@penang360.myas soon as reasonably practicable and followed by written notification with supporting documents addressed to PENANG360 at the address described below to safe guard the Member’s account and privileges.

6.2) PENANG360 will take safety measures by deactivating the lost, stolen or damaged Card or any information stored under the Account within reasonable time upon Member’s notification. PENANG360 disclaim its liabilities on any losses or damages (either directly or indirectly) that may be suffered by the Member arising from the safety measures taken by PENANG360 or any delay in invalidating the Card.

6.3) PENANG360 will assist in reactivating the account and replace the lost, stolen or damaged card. A non-refundable replacement fee of RM6.00 will be charged for the reactivation and replacement. Upon the reactivation, PENANG360 may at its absolute and sole discretion to transfer the Points balance, or any information stored under the Account to the replacement.

7. Cancellation, or Termination of Membership


7.1) A member may cancel or terminate the Membership at PENANG360 by returning the Card (if holding any) to PENANG360 and completing the required form.

7.2) Members shall opt to clear the remaining points as all Points balance recorded in the Account and redeemable Rewards will be automatically forfeited upon cancellation or termination of the Membership.

8. Dispute


8.1) If there is any dispute on a Points transaction or redemption services, a member must complete the particular request form and submit the forms with supporting documents as required at PENANG360 Web or Mobile Applications within seven (7) days from the date of transaction or dispute. Any submission after the seven (7) days will not be accepted.

8.2) PENANG360 may at its sole and absolute discretion to settle the disputes as it deems fit. The decision by PENANG360 shall be final and conclusive. PENANG360shall not be liable or responsible for any breach of any duty of care owed to such Member by any of PENANG360’s employees, staff or authorized personnel or any indirect, consequential or economic losses, loss of profits, loss of opportunity or punitive damages of any kind.

9. General


9.1) These Terms and Conditions govern the membership (including awards, redemption and use of Points and Rewards by Members) and set out the agreement between PENANG360 and each Member with regards to the Programme.

9.2) All Members agree that the Privacy Policy as stated on the Website shall form part of these Terms and Conditions. Acceptance of these Terms and Conditions by Members shall constitute the acceptance of the Privacy Policy. PENANG360reserves the right to amend or supplement the Privacy Policy from time to time. Any amendments to the Privacy Policy will be posted on the Website.

9.3) All Members and applicants are advised to read the Privacy Policy before accepting these Terms and Conditions.

9.4) The accuracy of personal information shall be verified by Members and Members shall notify PENANG360 upon any changes on their personal information.

9.5) Member information such as Name, IC/Passport and Email must be updated in your PENANG360 Account to be eligible to participate in PENANG360 Campaigns and for verification in cases of any dispute.

9.6) PENANG360 and the Merchants reserve the right to request the Member to produce his/her Member Identification and personal identification (including MyKad or Passport) to facilitate the Points transaction and for verification purposes in accordance to the Privacy Policy.

9.7) PENANG360 reserves the rights at its sole and absolute discretion to amend or delete any of these Terms and Conditions at any time as it deems fits without prior notification to Members. Any variations, addition or amendment to these Terms and Conditions will be posted via the Website not later than seven(7) days prior to the effective date of such amendments. Continuing use of Penang360Card and engage with the membership by Members shall constitute acceptance of any variation, addition, or amendments to these Terms and Conditions and Member shall be bound by the same.

9.8) Members have the obligations to check the Website for updates of Terms and Conditions from time to time.

9.9) PENANG360 reserves the right, at any time to vary, modify, replace, substitute or terminate Programme or any Rewards, benefits, features or privileges under the Programme or withdraw Points from use without prior notification to Members and without being liable in any way to Members.

9.10) PENANG360 may at its sole and absolute discretion to terminate the memberships without prior notification and forfeit all the Points balance recorded in the Account and redeemable Rewards and reject any refund in the events of including but not limited to :-
i) A member accrues, redeems, or uses Penang360 Card, Membership (including any benefits and privileges) or the Points for any unlawful or fraudulent activity or in other manners which PENANG360 determines to be improper;
ii) A member breaches any of these terms and conditions;
iii) A member is deceased or is declared a bankrupt; or
iv) A member do anything which may in the opinion of PENANG360 lead to the damage to the property of PENANG360.

9.11) PENANG360, its subsidiaries, related companies, Merchant and its service providers, or agents shall not be liable for any cost, expense, loss or damages, whether direct or indirect, special or consequential or loss of business, revenue or profits, injury or damage to property or any nature suffered by Members or any authorized person by Members arising from :-
i) any omission, error or inaccuracy of record, awarding or redemption of points or Points balance used in connection with the Programme;
ii) any technical malfunction, operator fault, error, deficiency, defects of the Penang360 Card or any part thereof;
iii) any act, error, delay or default in carrying the redemption services and the Programme;
iv) withdrawal of any benefits or privileges conferred on Members under the Programme;
v) any act, omission, error of its service provider, agents, employees, sub-contractor, business partners;
vi) any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material and any claims arising out of any act or omission of Members;
vii) any suspension, deactivation, termination or cancellation of account or membership;
viii) usage of redemption services by Members; and
ix) any circumstances beyond the reasonable control of PENANG360.

PENANG360 or Merchant may refuse a request for awarding or redemption of Points on any transaction in the events as set out in (i), (ii) or (vii) above.

9.12) Members are responsible for the security of their Membership Identification. PENANG360 accepts no liability for the disclosure of the Membership Identification by the Member to a third party, whether intentionally or otherwise. PENANG360 reserves the right to protect an account from being access if PENANG360 has reasonable grounds to believe that the security of the particular account has been breached or at the risk of exposure.

9.13) While PENANG360 uses reasonable efforts to include up-to-date information in the Website and in all its publications, PENANG360 makes no warranties or representations as to their accuracy, reliability, completeness or otherwise. The contents, materials, products or other services available in Penang360publications or accessible through the Website are on “as is” and “as available” basis. PENANG360 disclaims all warranties (express or implied)including but not limited to, merchantability, fitness for purpose and non-infringement, in relation to the contents, materials, products or other services published in any of its publications or available on the Website.

9.14) PENANG360 does not warrant that the Website will be error-free, free of viruses, bugs, online interruption or other harmful threats. Members are responsible to implement security measures in their computers or mobile devices before accessing the Website. PENANG360 shall not be liable in any way for any direct, indirect, punitive, incidental, consequential or other damage howsoever arising out of any of the following;
a) the use of, or access to, the Website;
b) delay or inability to use or access the Website; and/or
c) any content, information, material, products or services published in, posted on, advertised in or obtained through PENANG360 publications or the Website or otherwise.

9.15) Notice of any matter in relation to the Programme shall be deemed informed/delivered to Members via any one of the methods as follows:
a) by posting on the Website;
b) by sending an email to Members who have provided email address to PENANG360;
c) by publication in social media;
d) by short messaging services (SMS); or
e) by Web or Mobile Applications.

9.16) All notices, requests and/or other communications to be given by Members to PENANG360 under these Terms and Conditions must be communicated in writing and sent by hand, registered post, courier or other postal service or electronic mail (e-mail) to the following address:
PENANG360
17-1-1, Bayan Point, Medan Kampung Relau,
11900 Bayan Lepas,
Penang, Malaysia
E-mail: hello@penang360.my

9.17) PENANG360 may further establish rules, procedures and policies in relation to any matter regarding the Programme, all of which shall form part of the Terms and Conditions. These Terms and Conditions as set out herein shall prevail in the event of any conflict or inconsistency with any other documents, statements, rules, procedures, policies or communications issued by PENANG360,including Frequently Asked Questions (FAQs) and advertising or promotional materials. These Terms and Conditions together with the aforesaid further rules, procedures and policies shall constitute the entire agreement and understanding between PENANG360 and the Members with respect to the Programme and shall not be subject to any other agreement, understanding, warranty or representation not expressly contained or referred to in these Terms and Conditions and the aforesaid further rules, procedures and policies.

9.18) If any of the provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

9.19) No delay or indulgence by PENANG360 in enforcing any term or condition of these Terms and Conditions nor the granting of time by PENANG360 to Members shall prejudice the rights or powers of PENANG360 nor shall any waiver by PENANG360of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

9.20) These Terms and Conditions are governed by the laws of Malaysia and Members shall submit to the exclusive jurisdiction of the courts of Malaysia.

penang360
© 2022 Penang360. All Rights Reserved.