1.1 This Platform(s) is wholly owned and operated by Benefits Int Sdn. Bhd. (“the Company”, “RewardsX, “us”, “we” or “our”).
1.2 The use of this Platform shall be subject to the Terms and Conditions of Use stated herein and constitutes a legally binding agreement between you and the Company.
1.3 Your usage, access of browsing of any of the services and features on the Platform constitutes an acknowledgement that you have read and understood the Terms and Conditions set out herein and agree to be bound by the Terms and Conditions.
1.4 We reserve the right to amend the Terms and Conditions at any time, without notice. Your continued use of the Platform and/or continued maintenance of a RewardsX user account shall constitute and deem to be acceptance and consent of the amended Terms and Conditions.
2. DEFINITIONS AND INTERPRETATIONS
The following terms shall, unless the context otherwise requires, be defined and interpreted respectively as follows:-
2.1 “Authentication” means any authorization received by the Company from the User to authorise any particular transaction(s) by the User using his/her user account. Such authentication shall, but not be limited to, keying in of the User’s personal information;
2.2 “E-money” means electronic money in digital form under the Company’s sole control in exchange for monies transacted to the Company by the User via any available platforms or instruments for the purpose of performing transactions through the Company’s Platform(s), or any other transactions or purposes that is allowed and provided by the Company;
2.3 “Force Majeure” means any cause which is not within the control of the Company, and is not limited to act of God, flood, natural disaster, landslides, mudslides, soil erosions, storm, fire, earthquakes, war, riot, civil commotion, natural catastrophe, industrial disputes of any kind, act of government, government restraint, expropriation, change of law, strike, lockouts, blockade, outbreaks and pandemics and the interruption or failure of utility service including but not limited to electric power, gas, water or telecommunication services;
2.4 “IP Rights” means intellectual property rights which includes rights in, and in relation to, any patents, registered designs, design rights, trademarks, trade and business names including all goodwill associated with any trademarks, trade and business names, copyright and related rights, moral rights, databases, domain names, semi-conductor and other topography rights and utility models, and including the benefit of all registrations of, applications to register and the right to apply for registration of any of the foregoing items and all rights in the nature of any of the foregoing items, each, for their full term including any extensions or renewals thereof;
2.5 “Merchant” means a third party who shall supply or provide the goods and/or services for which a Voucher can be redeemed;
2.6 “Payment” means payment made to the Company and/or the Merchant by the User for the purchase of goods and/or services on the Platform;
2.7 “Platform(s)” refers to www.RewardsX.com and all related landing pages and/or microsites and/or mobile app/mobile web equivalents developed, owned and operated by the Company;
2.8 “Purchase(s)” means the purchase of any goods or services by the User on the Platform(s);
2.9 “Register” means the creation and registration of a user account by the User on the Platform(s);
2.10 “Service(s)’ means service(s) provided on the Platform(s) that is wholly or partially maintained and owned by the Company, including but not limited to the information services, content and transaction capabilities on the platforms;
2.11 “User” means any individual or entity who registers and maintains an account on the Company’s Platform(s), and those who engage the Service(s) of the Platform(s);
2.12 “User Account” means an account created and registered by the User which contains the User’s personal identification information which is managed and supervised by the Company;
2.13 “Voucher(s)” means a voucher purchased by the User for any goods, services, features, functions and application provided by the Merchant that is listed on the Company’s Platform(s);
2.14 “Withdrawal” means the withdrawal of available balance or monies out of user’s account.
3. REGISTRATION AND USE OF USER ACCOUNT
3.1 To engage the Company’s Platform(s), you are required to create and maintain a user account with the Company.
3.2 By registering a user account with the Company, you agree to provide correct and complete information in any registration instrument on the Platform(s), and to maintain updated information.
3.3 Use of the user account and/or engagement of/on the Platform(s) are offered at the sole discretion of the Company and is subject to your compliance with the Terms and Conditions herein.
3.4 You are not allowed to create multiple accounts, as such action would render the accounts to be declined or cancelled.
3.5 Password provided by you for your user account must be kept in confidentiality and safety, and you agree that any other third parties to whom your username and password is disclosed is deemed to have been authorised by you as an agent in engaging the Platform(s).
3.6 You are solely responsible for a regular check up of your user account to ensure that any rewards and/or benefits have been credited accordingly and the details in the user account remains up to date.
3.7 A written notification must be made to notify the Company of any omissions, incorrect entries or discrepancies concerning any transaction within a stipulated period after such transaction takes place. The Company reserves the right not to repudiate or correct any such errors if the errors are not notified after the stipulated period.
3.8 If found to be in breach of any Terms and Conditions herein, or any fraud or abuse, whether alleged or committed relating to the accrual or receipt of any rewards and/or benefits, or any misrepresentation of information provided to the Company and its affiliates, the Company reserves the right to flag or render such activity as suspicious, and may further suspend or terminate the user account, within its absolute discretion, and forfeit any accumulated rewards and/or benefits under the user account.
4. SERVICE LICENSE AFTER ACCOUNT REGISTRATION
4.1 Subject to the Terms and Conditions stipulated herein, the Company hereby grants you a revocable, non-exclusive, non-sublicense, non-transferable license to access and use the Platform(s) solely for your personal use. You understand and agree that your rights are limited to those rights and licenses expressly stipulated in the Terms and Conditions herein.
4.2 The Company reserves the right, modify, upgrade or terminate the Platform(s) at any time, with or without notice. All rights not expressly granted within the Terms and Conditions set out herein are reserved by the Company.
5. USE OF THE PLATFORM(S)
5.1 Your usage of the Platform(s), any Purchase(s) made and/or any other transactions that may be performed or conducted through the Platform(s) are each subject to the Terms and Conditions stipulated herein.
5.2 To use the Platform(s), the Service(s) and/or to make any Purchase(s), you must be eighteen (18) years of age or over.
5.3 The Platform(s) and/or the availability of the Service(s) and/or any Purchase(s) are directed solely to those who access the Platform(s) from the cities that are listed on the Platform(s). The Company makes no representation that the Service(s) are available or otherwise suitable for use by persons outside the listed cities. If you choose to access the Platform(s) (including the use of the Service(s) and/or to make a Purchase(s)) from locations outside of the listed cities, you hereby agree that you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
5.4 The availability of the Platform(s), Service(s) and/or any Purchase are strictly for your non-commercial, personal use only. Commercial use for any business purposes or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. For the avoidance of doubt, scraping of the Platform(s) (and hacking of the Platform(s)) is not allowed.
5.5 You shall not misuse the Platform(s). You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Platform(s) which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the Platform(s), the Services (or any part of them) and/or from making any Purchase.
5.6 Your agreement to use the Services, the Platform(s) and/or the making of any Purchase does not include the provision of a computer or any other necessary equipment by us to you in achieving any of the said purposes. To use the Platform(s), the Services and/or to make a Purchase, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same.
6. PURCHASE OF VOUCHER(S)
6.1 Purchase of any of the Voucher(s) provided on the Platform(s) shall be complete and considered a binding contract upon confirmation of such a transaction request by the Company.
6.2 The Company reserves the right to refuse or cancel any purchase request without giving any reasons for the same to you prior to the issue of the confirmation of transaction.
6.3 No concluded contract may be modified or cancelled by you except when expressly agree and approved by the Company in writing and on the term that you agree to indemnify the Company in full against all loss, costs, damages, charges and/or expenses incurred by the Company as a result of the modification or cancellation, as the case may be.
6.4 Once Purchase(s) have been confirmed, you are entitled to redeem the Voucher(s)’s goods and/or services from the respective Merchant. The details of the Merchant and products and/or services will be stated on the Voucher. Any attempted redemption of a Voucher that is inconsistent with the Terms and Conditions stipulated herein may render a Voucher void at our or the Merchant’s discretion.
6.5 You hereby acknowledge that the Merchant:
6.5.1 is the seller or provider of the Voucher(s)’s products and/or services;
6.5.2 is solely responsible for providing you with the Voucher(s)’s products and/or services; and
6.5.3 is solely responsible for redemption of any Voucher(s) you have purchased.
6.6 You are restricted and/or prohibited from:
6.6.1 reproduction, sale, resale or trade of Voucher(s). Any attempt to carry out any of these will potentially void the Voucher(s) at our discretion.
6.6.2 if the Voucher(s) is/are redeemed for less than its face value, there is no entitlement to a cashback, cash or new Voucher(s) equal to the difference between the face value and the amount redeemed.
6.6.3 vouchers are redeemable in their entirety only and may not be redeemed incrementally.
6.7 Neither the Company nor the Merchant is/are responsible for lost or stolen Voucher(s).
6.8 The Voucher(s) (including, but not limited to, any discounts provided by the Voucher(s)) expires on the date specified on the Voucher(s). Any subsequent redemption upon the expiry of the Voucher(s) will not be entertained.
7. OBLIGATION OF USERS
7.1 You hereby acknowledge that the Company’s Merchant and relevant third parties have their own applicable terms and conditions in respect of the goods and/or services offered and hereby agree that you shall abide by those terms and conditions as specified by the Merchant.
7.2 You hereby warrant and undertake that all information provided to the Company is true and complete, and that any changes to such information shall be notified promptly, in writing, to the Company.
7.3 You hereby warrant that you will comply with all applicable laws and regulations in any of your engagement(s) with the Company, its Merchant(s) and/or third parties involved.
7.4 You are required to understand all applicable laws and regulations in your engagement and transactions with the Company to avouce any commission of offence or duty which would render you prosecutable under any applicable laws and regulations. Such duty of care fall on you and the Company bears no responsibility of any such offence or omission on your part.
7.5 You hereby warrant that you will comply with the Terms and Conditions of Use by the Company, in which failure to do so shall render necessary actions to be taken by the Company or relevant authorities either independently or simultaneously to ensure that the Terms and Conditions, applicable law and regulations are observed and complied with.
8. COMPANY WARRANTIES
8.1 The Company will use reasonable endeavours to make right any faults and/or errors and/or omissions within a reasonable time frame of being notified of the errors and/or omissions.
8.2 The Company make no guarantees that the Platform(s) and/or the Service(s) and/or the Voucher(s) are free of faults and/or errors. We do not accept liability for any such faults and/or errors and/or omission but will make right any such faults and/or errors and/or omission within a reasonable time frame of being notified of such faults and/or errors and/or omission.
8.3 The Company warrants to make good any interruption of service, if any, of the Platform(s) within a reasonable time.
8.4 The Company warrants to ensure that the Platform(s) is/are free of viruses and/or any other harmful instruments which may have a negative effect on your use of the Platform(s) and that any such impact will be corrected with reasonable efforts and within a reasonable time of such a disclosure.
8.5 The Company will use reasonable efforts to ensure uninterrupted access to the Platform(s) but will not be held liable in the event such access to the Platform(s) is suspended, restricted or terminated. However, your access to the Platform(s) may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Company will attempt to restore such access as soon as we reasonably can.
8.6 The Company reserves the right to change, modify, substitute, suspend or remove without notice any information or Voucher(s) or Service(s) or forming part of the Services from time to time.
8.7 The Company will not be held liable for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or Voucher from the Website or Service at any time.
8.8 The Company reserves the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of these Terms and Conditions.
9. SUSPENSION AND/OR TERMINATION OF USER ACCOUNT AND ACTIVITY
9.1 The Company reserves the right and absolute discretion to suspend and/or terminate a user account and/or its activity if it’s found that any of the Terms and Conditions herein have been breached.
9.2 Restoration of a user’s account is subject to internal review by the Company at the Company’s absolute discretion.
9.3 In the event of a requirement by relevant authorities for the Company to disclose user’s personal information, in the interest of law, the Company will cooperate to furnish the requested information.
10. INDEMNITY CLAUSE
10.1 You shall defend, indemnify and hold the Company and out affiliates harmless from any and all claims, liabilities, costs and expenses from your use of the Platform(s) or the placement and transmission of any information, software and/or other materials through the Platform(s) or any breach of the Terms and Conditions stipulated herein or any other applicable laws and regulations.
11. LIMITATIONS OF LIABILITY
11.1 The Company warrants and represents that reasonable care will be undertaken and exercised when performing any obligations within the Terms and Conditions and that the Company has the authority for control of the Platform(s).
11.2 The Company hereby excludes all liability in respect of the accuracy, trueness and completeness for the purpose of legality of any information accessed using the Platform(s), the transmission or the reception of or the failure to transmit or receive any material of whatever forms and to your use of information or materials on the platform, services and features on the platform.
11.3 The Company hereby excludes all liability in respect of loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of information or data,any indirect or consequential loss accrued by you during the course of using the Platform(s) except losses that were caused by breach of duty on the Company’s behalf.
11.4 The Company hereby excludes all liability in respect of the quality, safety, usability or any other aspect of the goods and/or services in respect of which is Voucher(s) may be redeemed as provided by the Merchant.
12. PERSONAL DATA PROTECTION
13.1 The Company may place advertisements on the Platform(s) and at different points of your engagement on the Platform(s).
13.2 These advertisements may change from time to time but will be clearly and concisely marked as an advertisement or a part of the Company’s additional and/or newly introduced feature.
13.3 You are free to engage with any of the advertisements, however such advertisements may be delivered by a third party, and not by the Company. Hence, the Company shall not be liable for anything arising out of such engagement by you with the advertisement.
14. LINKS TO THIRD PARTY WEBSITES
14.1 Links to third party websites available on the Platform(s) are placed solely for your convenience. The Company assumes no control and responsibility for the content and management of the third party website and any loss, risk or damage you incur from your usage and engagement on the third party websites.
14.2 Any decision to access any third party websites means you agree to do so entirely at your own risk.
15. IP RIGHTS
15.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs) whether registered or unregistered, on the Platform(s), information content on the Platform(s) or accessed as part of the Service(s), any database operated by the Company and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the sole and exclusive property of the Company (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
15.2 None of the materials listed in Clause 15.1 may be reproduced, redistributed, copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior expressed written permission.
15.3 You may, however, retrieve and display the content of the Platform(s) on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Platform(s) without our permission.
15.4 All rights (including goodwill and, where relevant, trade marks) in the trade name of RewardsX are owned by the Company. Other goods and/or services and/or company names mentioned on the Platform(s) are the trademarks or registered trademarks of their respective owners.
15.5 Title, ownership rights and intellectual property rights in and to the content accessed using the Platform(s) is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
15.6 The authors of the literary and artistic works in the pages in/on the Platform(s) have asserted their moral rights to be identified as the author of those works.
15.7 Subject to Clause 15.8, any material you transmit or post or submit through the Platform(s) (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for any reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, through the Platform(s) or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
15.8 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
16.1 Nothing in this Terms and Conditions shall be construed to create a joint venture, partnership or agency relationship between you and the Company and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
16.2 Unless expressly stated in this Terms and Conditions, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
16.3 The Company shall not be liable for any breach of our obligations under this Terms and Conditions the Company is prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events.
16.4 The Terms and Conditions and any addenda, schedules attached hereto and any related agreements where herein referenced, constitute the entire Terms and Conditions and supersedes all previous and contemporaneous verbal and written agreements, representations and warranties.
16.5 If any provision of this Terms and Conditions stipulated herein are held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
16.6 In the event of any dispute, controversy or claim arising out of or relating to this Terms and Conditions, the parties warrant to settle any such a disputes, controversy or claims, in good faith, in an effort to effect a mutually acceptable resolution thereof. In the event no mutually acceptable resolution can be achieved within a reasonable period of time, it shall be resolved by way of arbitration.
16.7 No failure or delay on the part of the Company in exercising nor any omission to exercise any right, power or privilege accruing to the Company upon any default on your part shall affect or impair any such right, power or privilege to be construed as a waiver thereof or any acquiescence to such default. No waiver by the Company in respect of any breach shall operate as a waiver in respect of any subsequent breach. Any waiver must be given in writing.
16.8 This Terms and Conditions (and all non-contractual relationships between you and the Company) shall be governed by and construed in accordance with the relevant local governing laws and both parties hereby submit to the exclusive jurisdiction of the courts of the respective cities listed on the Platform(s).
16.9 The English version of all the Company issued materials shall be deemed to be the official interpretation. In the event of any conflicts between different versions of materials, the English version shall prevail.
16.10 Unless the context otherwise requires, the following interpretations shall be used:
16.10.1 words referring to the masculine gender shall include the feminine and neuter genders and vice versa;
16.10.2 words referring to a singular object/person shall include the plural number and vice versa;
16.10.3 the section heading are included for the convenience of reference only and shall not affect the interpretation the Terms and Conditions stipulated herein;
16.10.4 where any word or expression is defined in the Agreement, the definition shall extend to all grammatical variations and cognate expressions of the word or expression so defined.