Hap Seng Loyalty Club General Terms & Conditions

1. INTRODUCTION

1.1  The Hap Seng Loyalty Club General Terms and Conditions (described as the “Rules”) contain the general terms and conditions by which the Hap Seng Loyalty Club operates. These Rules are effective from the Effective Date and apply to the operation of Hap Seng Loyalty Club.

1.2  Members are deemed to accept these Rules in accordance with Rule 2.1.

1.3  Hap Seng Properties Development Sdn. Bhd (Company No. 11995-D), hereinafter referred to as Hap Seng, may amend the Rules from time-to-time in accordance with Rule 3.

1.4  A Member may be entitled to certain Privileges by being a Member of Hap Seng Loyalty Club.

1.5  Hap Seng, is the provider of goods or services under Hap Seng Loyalty Club applicable to any transaction arising out of Hap Seng. This is subject to Rule 8 in respect of Third Party Offers.

1.6  Membership and/or Membership Tier does not give any person right of entry to all or any part of Hap Seng’s properties. Hap Seng reserves the right to refuse entry.


2. MEMBERSHIP

2.1  An application to become a Member, ongoing participation in Hap Seng Loyalty Club by a Member and/or the claiming of Privileges by a Member after the Effective Date, constitutes an acceptance of these Rules and an agreement to comply with them.

2.2  A person can apply to become a Member in accordance with the following:
(a) present an original copy of Appropriate Identification and other supporting documents deemed required (which may be scanned or copied in the applicable Hap Seng database); and
(b) complete a Hap Seng Loyalty Club Membership Application Form prescribed by Hap Seng.
An Applicant’s Membership becomes effective from the time the details on that application form and item of Appropriate Identification have been registered in the applicable Hap Seng database.

2.3  A Card displaying the member’s name (limited to certain invited members), membership number and other applicable information will be issued to the Member upon registration of the applicant’s details in the applicable Hap Seng database.

2.4  Membership is open to:
(a) Invited individuals aged 21 years or over (proof of age of the applicant might be required prior to the applicant being considered for membership);
(b) Any person or company who/which has purchased property from Hap Seng, upon signing the Sale and Purchase Agreement (SPA);
(c) In the case of joint-purchase, each and every joint purchaser who is named in the respective SPA;
(d) Previous and current owners of all Hap Seng properties under sub-sale (certified true copy of SPA or any other relevant documents must be presented for verification purpose);
(e) In the case of company, each of the directors of the company as indicated in respective Form 49 at the time of application.

2.5  Subject to these Rules, membership is granted and maintained at the discretion of Hap Seng.

2.6  Hap Seng reserves the right to exclude or suspend certain individuals or companies from participation in Hap Seng Loyalty Club or from providing goods and/or services to Hap Seng in relation to Hap Seng Loyalty Club in its absolute discretion.

2.7  Hap Seng may from time-to-time require the Member to produce Appropriate Identification of any form Hap Seng deems necessary and appropriate.

2.8  The Member must notify Hap Seng of any change of name, as soon as possible after the change, by identifying themselves in person at any Hap Seng’s administrative office or sales gallery and presenting Appropriate Identification in each of the new and old names.

2.9  The Member must notify Hap Seng of any change of personal details as soon as possible after the change by presenting in person at any Hap Seng’s administrative office or sales gallery; or providing details in writing to Hap Seng or as otherwise advised by Hap Seng.


3. CHANGES TO MEMBERSHIP TERMS AND CONDITIONS AND TO HAP SENG LOYALTY CLUB PRIVILEGES

3.1  Subject to this Rule 3, Hap Seng reserves the right to amend or alter the Rules at any time including, without limitation, changes to:
(a) these Rules (including the Hap Seng Loyalty Club Brochure);
(b) the policies referred to in these Rules;
(c) the type and availability of Privileges;
(d) eligibility to be a Member of Hap Seng Loyalty Club; and
(e) the services and products available at or from Hap Seng, its Related Entities (such as Hap Seng Star, Hap Seng Credit, Hap Seng Plantations, Hap Seng Fertilizers, Malaysian Mosaics and so forth) and/or Participating Facilities.

3.2  Hap Seng will use its best endeavours to provide notice to Members of any changes to the Rules or Hap Seng Loyalty Club where there is a material detrimental effect on the Members (including in relation to Privileges provided by Third Party Offerors) by providing at least 30 days’ notice.

3.3  Privileges can be varied at any time in the discretion of Hap Seng and will be subject to their own specific terms and conditions.

3.4  Hap Seng will notify Members of any material detrimental change referenced in Rule 3.2 by detailing the changes in an email to the email address provided to Hap Seng by the Member. Members shall be deemed and taken to have received the notice of change referred to in Clause 3.4 if Hap Seng notifies the Members of any change by sending an email to the email address provided to Hap Seng by the Members.

3.5  It is the Member’s responsibility to ensure that they keep up to date with the Rules and the features and requirements of Hap Seng Loyalty Club by reviewing the Hap Seng Properties Development's Facebook page.


4. MEMBERSHIP CARDS

4.1  A person is only entitled to one membership account, and is permitted to have only one valid Card, which is strictly non-transferable to any other person or entity.

4.2  It is the responsibility of the Members to safeguard their Card and take precautions against the loss, or any unauthorised use, of their Card.

4.3  A Card issued to the Member may only be used by that Member.

4.4  The Members must not give their Card to another person or Member for any purpose whatsoever. A breach of this Rule shall be considered to be Card misuse which may result in termination or suspension under Rule 9.

4.5  In the event that the Member’s Card is lost or stolen the Member must immediately report the loss or theft to Hap Seng (and, in some circumstances, such as where there is alleged fraudulent use of the Card, may be required to produce a police report if requested by Hap Seng). In such circumstances, Hap Seng will not be responsible for any use of the Card including any redemption of Privileges.

4.6  Hap Seng may replace a lost, stolen or damaged Card in its discretion subject to Hap Seng’s Appropriate Identification requirements. Hap Seng reserves the right to charge a reasonable fee for replacement of Cards or to cancel a membership if a Member, in Hap Seng’s opinion, has claimed an excessive number of lost, damaged and/or stolen cards without having to provide any justification.

4.7  A Card remains the property of Hap Seng and must be returned on request.


5. PRIVILEGES - EXCLUSIONS AND RESTRICTIONS

5.1  The Participating Facilities in Hap Seng Loyalty Club are listed on Hap Seng Properties Development’s Facebook page and may be updated from time-to-time.

5.2  Exclusions or restrictions on a Member’s ability to claim Privileges are set out in this Rule 5, and/or the Hap Seng Loyalty Club Brochure and/or Hap Seng Properties Development’s Facebook page. Members cannot claim Privileges in relation to which those exclusions or restrictions apply.

5.3  Privileges that Hap Seng has made available to a Member are not transferable and cannot be used by any person other than the Member who owns the Card (except where approved by Hap Seng in its sole discretion).

5.4  Hap Seng shall not be liable in any way for Privileges which are unable to be claimed as a result of a technical malfunction, operator’s fault, misrepresentation for which Hap Seng is not responsible for or any other reason beyond Hap Seng’s reasonable control.

5.5  Privileges cannot be used in conjunction with other discount programmes, offers or special events at Hap Seng, unless otherwise specified in the terms and conditions of a particular discount programme, offer or special event.


6. CLAIMING PRIVILEGES

6.1  Subject to these Rules (including without limitation, Rule 5), Hap Seng may allow Members to use their Card for the purpose of claiming Privileges which Hap Seng chooses to make available from time to time.

6.2  Hap Seng's obligation to provide any particular Privilege is limited to its obligations under these Rules. Hap Seng shall not be liable in any way to the Member in relation to the availability or withdrawal of particular Privileges.

6.3  In order to claim for Privileges, which Hap Seng has made available and for which the Member has met all applicable terms and conditions, the Member must present to Hap Seng (or Third Party Offeror) the Member's Card and do such other things as required by Hap Seng (or Third Party Offeror) including, but not limited to, signature and presentation of Appropriate Identification.


7. MEMBERSHIP TIERS

7.1  A Member will be assigned a Tier Level based on the Total Relationship Value they have successfully accumulated and/or earned. For the avoidance of doubt, the Total Relationship Value is strictly non-transferable to any person or entity.

7.2  The Total Relationship Value is the cumulative aggregate monetary values of all trades between a Member and Hap Seng (including its Related Entities).

7.3  All new Members will be automatically assigned to the entry Tier Level unless otherwise determined by Hap Seng in its sole discretion.


8. THIRD PARTY OFFERS

8.1  Hap Seng may make available to Members, Third Party Offers from time-to-time. It is acknowledged that the Third Party Offers, including any goods and/or services provided in respect of such offers, are not provided by Hap Seng but by the third parties as part of Hap Seng Loyalty Club.

8.2  To the extent permitted by law, Hap Seng excludes all liability in respect of such Third Party Offers.

8.3  As Third Party Offers are made by third parties, Hap Seng does not make any guarantee, promise or warranty in relation to such Third Party Offers. To the extent permitted by law, these Rules expressly exclude every warranty, condition, liability or representation concerning any goods or any services supplied by a Third Party Offeror under or in connection with these Rules.


9. SUSPENSION/TERMINATION OF MEMBERSHIP

9.1  Hap Seng may, in its discretion, immediately terminate and/or suspend (at Hap Seng’s option) the relevant Member’s membership of Hap Seng Loyalty Club, if any of the following occur:
(a) failure by a Member to materially comply with the Rules; or
(b) a breach of Rule 4.4 (Card misuse); or
(c) conduct (whether directly or indirectly) by a Member which is dishonest, fraudulent, offensive, disruptive and/or intimidating to patrons or staff; or
(d) conduct by any Member which interferes with, damages or misuses equipment or property; or
(e) the death, or bankruptcy of the Member; or
(f) the Member has had a cheque payable to Hap Seng and/or its Related Entities returned by their financial institution (such as where a cheque is dishonoured); or
(g) Hap Seng is required to do so by operation of law.

9.2  In the event that a membership is terminated, the Member must immediately return the Card to Hap Seng and will, if required by Hap Seng, complete any relevant documentation.


10. PRIVACY

10.1  The Member agrees that:

10.1.1  Hap Seng may collect, hold, use, disclose and transfer personal information concerning the Member;

10.1.2  Hap Seng will hold their personal information in a database that will include, but not be limited to, the Member’s name, National Registration Identity Card (NRIC) number, address, date of birth, telephone number(s), email address(es), fax number(s), identification details and any other information relating to the Member which has been collected by Hap Seng by lawful or authorised means, including information collected in connection with Hap Seng Loyalty Club;

10.2  Hap Seng may be required to collect certain personal information concerning the Member under legislation dealing with, for example, financial transaction reports and taxation.

10.3  The Member acknowledges and agrees that Hap Seng and its authorised representatives, and Related Entities may disclose to each other and to Participating Facilities and to any other person (including agents and contractors) who is acting in conjunction with them or any of them or on their behalf, personal information acquired by any of them about the Member or otherwise lawfully obtained by them or their authorised representatives for the purposes of:
(a) managing, administering, adjusting or improving Hap Seng Loyalty Club;
(b) planning, research and product development;
(c) customer service and support;
(d) Hap Seng and its Related Entities marketing their products or services or the products or services of Participating Facilities and other third parties;
(e) complying with a lawful request including a request contemplated by Rule 10.6 of these Rules;
(f) complying or acting in accordance with any law of Malaysia including any applicable privacy legislation in force and as amended from time-to-time; and
(g) any activities related directly or indirectly to or consequent to the above, provided always that such information is only used in a manner contemplated by these Rules.
This information may be transferred to or from overseas for these purposes.

10.4  Without limiting the generality of Rules 10.1 and 10.3, the Member acknowledges and agrees that Hap Seng may:
(a) contract any third party (including a Related Entity) to carry out any of the functions which Hap Seng is authorised to carry out under these Rules and may disclose information to such entities for any purpose contemplated by these Rules; and
(b) use, disclose and share the Member’s personal information so that Hap Seng and its Related Entities, Participating Facilities and other third parties can create customer preferences and insights about the Member for Hap Seng and its Related Entities to offer products and services that may be of interest to the Member.

10.5  All information obtained by Hap Seng including information about membership and the use of the Card shall become and remain the property of Hap Seng. Subject to Rules 10.3, 10.6 and 10.7 Hap Seng is under no obligation to disclose such information to any person.

10.6  On the lawful request of a law enforcement agency or any other competent body or authority, or in compliance with any order of a court in Malaysia, Hap Seng may divulge any information obtained by Hap Seng and maintained by it in the conduct of Hap Seng Loyalty Club with respect to the Member.

10.7  Upon request and except where provided by law, Hap Seng will provide the Member with access to their personal information collected by Hap Seng in accordance with Personal Data Protection Act 2010.


11. TERMINATION OF OPERATION OF HAP SENG LOYALTY CLUB

11.1  Hap Seng may suspend the operation of Hap Seng Loyalty Club or cease to operate Hap Seng Loyalty Club at any time. Where possible, Hap Seng will provide at least 30 days’ notice of such suspension or cessation in accordance with Rule 3.2.


12. LIABILITY

12.1  To the extent permitted by law, Hap Seng and its Related Entities (including its officers, employees, agents and contractors) is not and will not be liable for any damages or any other loss incurred by the Member (including consequential loss), either directly or indirectly in connection with Hap Seng Loyalty Club (including, without limitation, changes to the Rules), except to the extent caused by the negligence, willful misconduct or wrongful act or omission of Hap Seng and its Related Entites or its officers, employees, agents and contractors.


13. GENERAL

13.1  Hap Seng’s decisions in respect of Hap Seng Loyalty Club are final and binding.

13.2  Any tax liabilities and other duties arising from the receipt and use of Privileges are and remain the sole responsibility of the Member.

13.3  In consideration of Hap Seng admitting the Member to membership of Hap Seng Loyalty Club and by use of the Card, the Member agrees to be bound by these Rules and acknowledges the right of Hap Seng to rely upon them as an indication of the Member’s consent to any acts authorised or contemplated by these Rules.

13.4  For the avoidance of doubt, Hap Seng reserves its right to waive in respect of any Member or Members (at Hap Seng’s absolute discretion) any right or requirement of these Rules and/or the application of, or compliance with any of these Rules. Any such waiver does not operate as a waiver of such right, requirement, application or compliance if it arises again.

13.5  To the extent that any provision in these Rules is illegal or unenforceable, it is severed without affecting the validity or enforceability of the remaining Rules.


14. DEFINITIONS

In these Rules unless the context otherwise requires:

“Account” means the record of a Member’s activity relating to Hap Seng Loyalty Club and their membership details;

“Appropriate Identification” means such current and valid forms of identification, including but not limited to NRIC, driving license and passport, from the Member as Hap Seng requires in its sole discretion from time-to-time in connection with the operation of Hap Seng Loyalty Club;

“Card” means a tangible Hap Seng Loyalty Club card validly issued by Hap Seng to a Member which is connected to the Member’s Account;

“Effective Date” means 12 am on the day Hap Seng Loyalty Club is officially made available by Hap Seng to the public;

“Hap Seng’’ means Hap Seng Properties Development Sdn. Bhd. (Company No. 11995-D), a company incorporated in Malaysia under the Companies Act 2016, with registered address at Tingkat 21, Menara Hap Seng, Jalan P.Ramlee, 50250 Kuala Lumpur, Wilayah Persekutuan.

“Hap Seng Loyalty Club Brochure” means the brochure that describes the key elements of the Privileges available and some of the exclusions and restrictions applicable under Hap Seng Loyalty Club;

“Member” is a person who has applied for and has been accepted by Hap Seng as a member of Hap Seng Loyalty Club;

“Participating Facility” means a business or outlet that participates in Hap Seng Loyalty Club;

“Privileges” means the rebates, referral fees, goods and/or services that are available to Members as specified in Hap Seng Loyalty Club Brochure;

“Related Entity” is deemed to related to Hap Seng if:
a. It is the holding company of Hap Seng; or
b. It is a subsidiary of Hap Seng; or
c. It is a subsidiary of the holding company of Hap Seng.

“Rules” means these Rules as amended from time-to-time (including the related terms and conditions as contained in the Hap Seng Loyalty Club Brochure and any policies or guidelines adopted by Hap Seng from time-to-time in its discretion that apply to the conduct of Hap Seng Loyalty Club);

“Tier” means the Hap Seng assigned level of membership; and

“Third Party Offers” means offers made as part of Hap Seng Loyalty Club but which are provided by third party suppliers of goods and/or services (the parties making such offers are “Third Party Offerors”).