Membership Terms and Conditions
1. Definitions
In this agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings:
| Phrases | Definitions |
| Account | means your account opened with BLSB in connection with the BonusLink Programme or the Platform; |
| Account Identification | means identification in respect of the Account (including without limitation Account’s username and password, contact details, and/or other details contained in the Account); |
| Act | means the Consumer Protection Act 1999; |
| BonusLink Programme | means the BonusLink consumer rewards membership programme run, managed and/or operated by BLSB; |
| BonusLink Programme Benefits | means the benefits the Member is entitled to enjoy subject to the Terms and Conditions, including without limitation Gifts redemption and other offers, awards and/or services as may be determined by BLSB from time to time (please refer to the relevant Policy); |
| Gifts | means the Goods and/or Services made available for redemption or are redeemed by the Members in exchange of Points (full or partial) as determined by BLSB from time to time; |
| Goods and/or Services | means the certificates, vouchers, deals, items, products, goods and/or services: (i) made available or published on or through the Platform (for redemption or sale as the case may be); or (ii) offered or sold by Partners or third party suppliers as determined by BLSB from time to time in connection with the BonusLink Programme); |
| Information | means any information, data, details, contents and/or materials in any form; |
| Member | means a member of the BonusLink Programme registered with and accepted by BLSB in accordance with the Terms and Conditions set forth herein; |
| Membership | means the fact of being a Member of the BonusLink Programme; |
| Membership Card | means the Membership card issued by BLSB to the Member. For the avoidance of doubt, the Membership Cards shall include without limitation the virtual cards issued by BLSB; |
| Partners | means the participating suppliers and partners in respect of the BonusLink Programme as BLSB may determine from time to time; |
| Payment Services | Means the payment services made available through the Platform as further described in Clause 7; |
| Platform | means the relevant website, mobile app, mobile site and/or other online platforms owned, managed and/or operated by BLSB; |
| Points | means the points earned by or awarded to the Members by BLSB in the manner determined by BLSB from time to time; |
| Policies | means the Policies developed by BLSB or published by BLSB on the Platform in connection with the Membership and this Agreement from time to time (please refer to Clause 6 for more information); |
| Sale Contract | means the contract/agreement entered into between you and BLSB or the relevant seller/supplier/Partner (in connection with or participating in the BonusLink Programme) in respect of the Goods and/or Services (as more particularly described in Clause 5). Unless context otherwise requires, Sale Contracts shall include without limitation the Third Party Sale Contracts; |
| Suppliers | means the suppliers or vendors engaged by BLSB to supply or provide the Gifts; |
| Third Party Sale Contract | means the Sale Contract entered into or deemed to be entered into between you and the relevant third party seller/supplier/Partner (as more particularly described in Clause 5) in respect of the Third Party Goods and/or Services; |
| Third Party Goods and/or Services | means third party Goods and/or Services made available, offered or published for sale or sold (through the Platform or otherwise) by the third party seller/supplier/Partner (in connection with or participating in the BonusLink Programme), in which we are a mere facilitator in respect of the sale of such Third Party Goods and/or Services; |
| “user”, “you” or “your” | means the Member and user of the Platform and/or Services (as hereinafter defined) (as the case may be); and |
| “we”, “us”, “our”, or “BLSB” | means BonusKad Loyalty Sdn Bhd [Company Registration No: 199701022703 (438200-T)]. |
2. Agreement
2.1. This agreement, including all schedules and appendices attached or referred hereto (if any), the terms and conditions contained herein, the Policies and all other relevant rules and information published by us from time to time on the Platform, is an agreement between you and BLSB ("Agreement" or "Terms and Conditions").
2.2. This Agreement shall govern your use of the Platform, the Membership, the Sale Contracts and your use of all the Platform related services provided by us to you ("Services").
2.3. By accessing, browsing, downloading and/or using the Platform and/or the Services, applying to be a Member or purchasing any of the Goods and/or Services:
2.3.1. you acknowledge that you have read and agree to comply with and be bound by these Terms and Conditions; and
2.3.2. you acknowledge and consent to the processing of all personal data and information provided, made available or submitted by you to us in accordance with the privacy policy published on the Platform ("Privacy Policy"). You acknowledge that you have read and agreed to the Privacy Policy.
If you disagree with any part of these Terms and Conditions, you must immediately notify us and cease your access and/or use of the Platform and/or the Services.
3. Membership
3.1. Membership is free. Only individuals above the age of eighteen (18) may apply to be a Member. An eligible individual may apply to us to be Member of the BonusLink Programme. You shall submit an application to register as a Member with us by following the procedures set out in the Platform or such other methods as may be specified by us, subject to these Terms and Conditions and our approval or rejection at our sole and absolute discretion.
3.2. You are required to provide us your personal information during the application process and from time to time during the term of your Membership. Your personal information will be processed by us in accordance with the privacy policy published on the Platform ("Privacy Policy"). You shall ensure that all the relevant information is made available to us and kept updated from time to time. You shall promptly notify us in the event that there are any changes to your personal information submitted to us. In the event that any third party personal information is provided by you to us, you are responsible for ensuring that all necessary consent has been obtained from such third parties and that such third parties have agreed to the processing of his/her personal information by us in accordance with the Privacy Policy. By participating in the BonusLink Programme, you agree and consent to BLSB sending you marketing materials, catalogues or other promotional literature to you from time to time.
3.3. Upon being successfully registered as a Member, you will be able to access the Platform as a Member and enjoy the relevant BonusLink Programme Benefits under the BonusLink Programme subject to these Terms and Conditions. The Members may transfer Points allowed by and in accordance with the methods and process permitted by us. Save and except the foregoing, all BonusLink Programme Benefits are non-transferable and non-assignable to any third party.
3.4. Except as otherwise expressly prohibited or limited by applicable laws, we may amend, update, modify or supplement the rules and Policies in connection with the BonusLink Programme and BonusLink Programme Benefits from time to time. Such changes may affect the value of the Points or the ability to obtain certain Gifts. You are responsible for reviewing such rules and Policies published by us on the Platform or notified to you from time to time for the latest rules and Policies in respect of the BonusLink Programme.
4. Account
4.1. No person shall own more than one Account. We will assume that anyone using your Account or transacting through your Account is you. You shall be solely responsible for keeping all your Account Identification and all details in connection with your Account confidential and secured at all times and shall immediately notify us of any unauthorised access to your Account. We accept no liability for the disclosure of the Account Identification by you to any third party, whether intentionally or otherwise. We reserve the right to suspend or protect an Account from being accessed if we have reasonable grounds to believe that the security of the particular Account has been breached or is at the risk of exposure. You shall be responsible for maintaining the security of your Account and maintaining settings that reflect your preferences.
4.2. You shall frequently check and verify the correctness and accuracy of all the records and activities in connection with your Account and Membership and you shall immediately notify us of any inaccurate records or activities.
5. Sale Contracts
5.1. You may purchase certain Goods and/or Services made available or published on or through the Platform for sale or from the relevant seller/supplier/Partner (in connection with or participating in the BonusLink Programme) by paying using the Payment Services (described in Clause 7 below).
5.2. In the event that the Sale Contract in respect of any of the Goods and/or Services made available or published on or through the Platform for sale is deemed to have been formed, usually when you have received the order confirmation, you may not modify or cancel such Sale Contract except with our agreement in writing and on the condition that you shall indemnify us in full against all loss, costs, damages, charges and expenses (including loss of profit) incurred by us as a result of such modification or cancellation.
5.3. At any time before the formation of the Sale Contract in respect of any of the Goods and/or Services made available or published on or through the Platform for sale, we shall be entitled to refuse or cancel your order without giving any reasons despite the fact that your order has been acknowledged by us. If any payment has already been made by you and received by us in relation to an order which has been cancelled for the above reasons, we will refund the same to you.
5.4. You shall honour and perform all the Sale Contracts and carry out all your obligations in connection with the Sale Contracts. You shall observe and comply with all instructions and/or Policies as may be published or provided by us in connection with the Sale Contracts. In the event that any conflict, dispute and/or issue in respect of the Sale Contract arises, you shall use your best endeavor to resolve such conflict, dispute or issue fairly and amicably and we shall have the right to retain any sums paid for the relevant Goods and/or Services until a resolution or settlement has been reached.
Sale Contracts entered into between you and BLSB
5.5. Unless otherwise stated, the Sale Contracts:
5.5.1. in respect of our premium goods and/or products (BonusLink branded); and
5.5.2. in respect of Goods and/or Services where it is expressly stated in the Platform that BLSB is the seller/supplier will be entered into between you and BLSB. In all other circumstances, sub-clause 6 below shall apply.
Third Party Sale Contracts
5.6. Save and except where sub-clause 5 above applies, all Sales Contracts shall be deemed to be Third Party Sale Contracts, which are entered into between you and the relevant third party seller/supplier/Partner (in connection with or participating in the BonusLink Programme). All Third Party Goods and/or Services are offered by the relevant third-party seller/supplier/Partner and we are merely the facilitator of such Third Party Goods and/or Services. To the fullest extent permitted by law, the Third Party Sale Contracts are strictly made between the relevant third party seller/supplier/Partner and you to the full and absolute exclusion of BLSB. In this regard, to the maximum extent permitted by law:
5.6.1. all payment made to us in respect of the Third Party Goods and/or Services (if any) are for the account of the relevant third party seller/supplier/Partner (less any administration fees or other fees as may be agreed);
5.6.2. all Information in respect of the Third Party Goods and/or Services is provided by the third party seller/supplier/Partner. While we will use reasonable endeavours to ensure that all such Information is made available to you in its original form supplied to us by the third party seller/supplier/Partner, we do not provide any warranty in respect of such Information;
5.6.3. we makes no representation and/or warranty of any kind as to the Third Party Goods and/or Services and we shall not be made liable or responsible to you in any manner whatsoever for any costs, loss, damages, claims, fines, penalties, liabilities and/or expenses howsoever arising from the Third Party Sale Contract not directly caused by us;
5.6.4. the relevant third party seller/supplier/Partner shall be solely liable for all claims in relation to and in connection with the Third Party Goods and/or Services, including, without limitation, defective quality and/or inaccurate description of the Third Party Goods and/or Services; and
5.6.5. we shall not in any manner whatsoever be construed, at law or otherwise, to owe a fiduciary duty to you in respect of the obligations on the part of the third party seller/supplier/Partner.
5.7. Notwithstanding the foregoing, in the event that any conflict, dispute and/or issue in respect of any of the Third Party Sale Contracts arises, we shall be entitled to, but not obliged to, intervene or take part in the resolution of such conflict, dispute and/or issue in order to protect our goodwill and reputation at our sole and absolute discretion.
6. Policies
6.1. The use of the Platform and/or the Services, the Membership and the Sale Contracts shall be subject to the Policies as may be developed and imposed on the relevant users by us from time to time. Without limiting the generality of the foregoing, the following Policies shall apply to the relevant users:
6.1.1. Membership Card Policy
1. Card Issuance and Fee
1.1. Each Member will be issued with a Membership Card (virtual or physical card).
1.2. A non-refundable fee will be charged for the issuance of the Membership Card unless otherwise stated by BonusKad Loyalty Sdn Bhd (“BonusLink”).
1.3. The fee amount is determined by BonusLink and is subject to changes from time to time at BonusLink’s sole discretion.
1.4. The current applicable fee will be communicated at the time of the Membership Card request and must be paid in full before the card is issued.
2. Non-receive, Lost, Stolen or Damaged Cards and Cancellation
2.1. In the event that a Membership Card is not received, damaged or faulty, Member(s) must notify BonusLink within Fourteen (14) days from the redemption order date (“redemption confirmation”).
2.2. Once redeemed or purchased, the Membership Card(s) cannot be revoked, cancelled, returned or exchanged, and Points will not be reinstated or refunded.
2.3. BonusLink will not deliver to PO Box addresses and addresses outside Malaysia. Member/recipient of the Membership Card(s) shall present identification documentation to the delivery personnel, failing which the delivery personnel shall have the right to refuse delivery and return the Membership Card(s) to BonusLink as “unclaimed”.
2.4. Recipients of the Membership Card(s) are advised to examine the delivered Card(s) upon receipt.
2.5. In the event of loss, stolen cards or damage, a new Membership Card can be redeemed on our website or app.
2.6. Member(s) shall immediately notify BonusLink in the event that their Membership Card issued under the Membership is lost or stolen. BonusLink shall be entitled to take safety measures (including without limitation suspending Member(s) Account) upon being notified of such an incident. Member(s) shall be responsible for the safekeeping of their Membership Card.
2.7. BonusLink is not responsible for unauthorized use of lost or stolen cards prior to notification.
2.8. All unclaimed and undelivered Membership Cards after 14 days from the redemption order date and no follow-up from the Member, the Card will be automatically cancelled at BonusLink discretion. Points used will be refunded to the Member’s BonusLink account. It is the Member’s responsibility to check the status of delivery and to contact BonusLink if the Membership Card has not been received.
3. Refund
3.1 If the Membership Card is cancelled due to non-receipt and no benefits were used, a full refund will be processed. If any benefits or rewards were utilized, no refund will be granted.
3.2 Refunds are governed by BonusLink’s official Refund & Return Policy. For full details, members are advised to refer to https://www.bonuslink.com.my/UserFiles/MembershipTnCPolicy/RefundReturnPolicy.pdf for
more details.
4. Amendments
4.1 BonusLink may modify these Terms and Conditions at any time. Continued use of the Membership Card constitutes acceptance of the updated terms.
6.1.2. BonusLink Programme Benefits Policy
1. Collection of Points
1.1. Points may be earned (and will be recorded in a Member’s Account) from purchases by the Member of qualifying goods or services from a Partner or through other methods determined by us from time to time SUBJECT ALWAYS TO our right to appoint selected Partner to offer Points to only specified groups of Members as part of any promotional and incentive programmes. Points may also be recorded in a Member’s Account in relation to promotional and incentive programmes.
1.2. We, together with the Partners, shall have the sole and absolute discretion to determine the “qualifying Goods and Services”, the number of transactions to be made, the number of Points that will be awarded and recorded in a Member’s Account and any other relevant terms from time to time for such purchases. We may from time to time offer exclusive BonusLink Programme Benefits for specified groups of Members.
1.3. The Partners, the Points issuance rate, the Gifts and the BonusLink Programme Benefits may be updated and varied from time to time. You are responsible for reviewing the relevant rules and policies published by us on the Platform or notified to you from time to time for the latest rules and policies in respect of the BonusLink Programme. Please view the latest list of Partners here.
1.4. Below are the methods to earn Points:
1.4.1. By presenting the Membership Card and notifying the Partner before the transaction in respect of a qualifying goods or services is concluded;
1.4.2. By performing qualifying transaction (as determined by BLSB from time to time) through your Account in the Platform (namely, the BonusLink App); or
1.4.3. If the purchase is by telephone or mail order, by quoting the Membership number; or
1.4.4. In the case where the qualifying service is a subscription type service and where Points are
calculated and issued back-end, the following shall apply:
1.4.4.1 the Member shall ensure that he/she provides consent to the Partner to release his/her
personal and transactional information to us. This may include the submission of a form to
the Partner; or
1.4.4.2 the Member shall ensure that he/she provides accurate data and required information to
both us and the Partner if the Member’s Account is automatically linked to the subscription
through the match of certain personal information.
1.5 The Member may be introduced to other methods by which the Member may be able to earn and receive Points from time to time.
1.6 All contracts in connection with the qualifying goods and/or services made between you and the relevant Partner are strictly entered into between you and the relevant Partner to the full and absolute exclusion of us to the fullest extent permitted by law.
2. Points
2.1. Points may be used by Members to redeem Gifts. Points, and any rights they confer, cannot be sold, assigned or otherwise dealt with except in accordance with these Terms and Conditions.
2.2. The Members may transfer Points allowed by and in accordance with the methods and process permitted by us from time to time. Points may, subject to our absolute discretion, be transferred from one Account to another Account upon the demise of a Member, to the next of kin, with proper official documentation (to be determined by us from time to time) being submitted. Save and except the foregoing, all BonusLink Programme Benefits are non-transferable and non-assignable to any third party.
2.3. We may forward a Summary Statement to the Member every calendar month setting out among others, opening Points balance and the Points transactions, redemption made, summary of total transactions, total Points collected and total Points redeemed, in respect of the previous calendar month. We, however, may not send or may refuse to send a Member his/her Summary Statement in hard copy in any of the following events:
2.3.1. when such Member does not use his/her Membership Card for a period of time as determined by us from time to time;
2.3.2. when such Member does not accumulate a minimum number of Points for a period of 6 months, which minimum shall be set by us at our own discretion from time to time;
2.3.3. when such Member’s address is incorrect or incomplete;
2.3.3. when we have reasonable grounds to believe that the security of the relevant Account has been
breached or is at the risk of exposure or otherwise are of the opinion that there has been any unusual
activities in connection with the Account; or
2.3.4. when an electronic copy of the Summary Statement has been sent to such Member’s e-mail address in our system or record (e-statement).
2.4. Disputes arising from or in connection with the Summary Statement shall be notified to us within one (1) month from the date the relevant Summary Statement has been sent to or deemed to have been sent to the Member. Members are requested to provide supporting documents wherever applicable to assist us in settling the dispute. The Summary Statement will otherwise be deemed to have been accepted by the Member. To the maximum extent permitted by law, our decision on any such dispute shall be final and binding save and except for any manifest error.
2.5. In the event that any person, company, entity or body has ceased to be a Partner, Points will not be awarded for such person, company, entity or body. In the event that a Partner has ceased to be a Partner in the BonusLink Programme, there will be a transition period whereby we will be able to validate your transactions with the Partner in respect of the BonusLink Programme Benefits. After the expiry of the said transition period, we may not be able to assist you in connection with the dispute in connection with such transaction.
3. Points deduction and expiry
3.1. The number of Points published for a Gift that is redeemed by a Member will be deducted from the Points balance of the Member’s Account, with the oldest Points being deducted first. Any Points, which are not used by a Member to redeem a Gift within thirty-six (36) months from the month in which the Points were recorded, will automatically expire and be deducted from the Points balance in a Member’s Account.
3.2. If any transaction in respect of the qualifying goods and/or services or in which the Points are earned is disputed, cancelled and thereafer reversed, we shall have the right to reverse the Points awarded from the disputed/cancelled transaction.
3.3. Without prejudice to our other rights and remedies, we shall be entitled to deduct Points from the Points balance in a Member’s Account without notice in any of the following events:
3.3.1. any Points suspected to be fraudulently earned or recorded;
3.3.2. any Points recorded in error; or
3.3.3. any Points relating to a transaction which is cancelled or reversed.
6.1.3. Gifts and Redemption Policy
1. Unless otherwise stated, redemption of Points can only be made by the Member through the redemption channels made available to you by us at our discretion. We shall be entitled to refuse the redemption of any Gifts or recall the redeemed Gifts if we have any reason to suspect that the Points were fraudulently accumulated by the Member or wrongly recorded.
2. Points cannot be redeemed until credited to the Member’s Account. Points will be recorded in the Member’s Account only after we have been notified by the Partner of the details of the relevant transaction (at the intervals determined between us and the Partner). The Member hereby acknowledges that there will be a lapse of time between a transaction qualifies for Points being made (including without limitation transaction in respect of the qualifying goods and/or services) and the crediting of Points to the relevant Member’s Account. Accordingly, we do not represent or warrant that the Points earned will immediately be available for redemption.
3. We reserve the right to adjust the Points required for redemption of the Gifts and the Gifts published on the Platform from time to time at our discretion.
4. Normal redemption
4.1 Only the Member with sufficient Points is eligible to redeem the Gifts (the amount of Points required to redeem a Gift shall be as specified by us) and he/she may do so using the various redemption methods and channels made available by us at our discretion. Once redemption has been accepted by us, such redemption may not be revoked, cancelled, returned or exchanged for no valid reason acceptable to us, and the affected Points may not be reinstated unless otherwise agreed by us. If redemption channels are specified for a specific Gift, redemption shall be made through the specified channels and we reserve the right to decline redemptions made through any channels other than the specified channels.
5. Flexi Points Redemption
5.1 Flexi Points' is where gifts are redeemable partially by Points (the amount of Points is determined by Members) and the balance of the value for the Gift shall be payable by the Members via credit card (Visa & MasterCard), online payment or any other payment methods which may be determined or made available to you by us from time to time.
5.2 Payment by credit card (Visa and MasterCard) is only available for 'Flexi Points' redemptions via the Platform. We shall not be responsible for any transactions declined by the relevant payment system operator or the financial institution. For more information in respect of payment via the Platform, please refer to the Terms and Conditions published on the Platform.
5.3 For payment via cheque, the 'Flexi Points' redemption will only be processed upon cheque clearance. All cheques must be crossed and made payable to 'BonusKad Loyalty Sdn. Bhd'. Only cheques from banks incorporated in Malaysia are acceptable. Members are advised to state the Member's BonusLink Card Number, name, redemption reference (where applicable) and contact number on the reverse side of the money/postal order, bank draft and cheque. Post-dated cheques and alterations are not permitted. Proof of sending is not proof of receipt. A RM10 administrative charge will be imposed for all rejected cheques.
6. On-the-Spot Redemption
6.1. For On-the-Spot redemption, Members are required to be present and must produce their Membership Card, Identity Card and PIN or code for verification purposes. Members are advised to examine the Gifts upon redemption.
7. Other Redemption Channels
7.1 We may vary or introduce other methods or channels of redemption from time to time.
8. Gifts
8.1. We reserve the right, at our discretion, to vary, amend, remove or add any Gifts from time to time and the Gifts are subject to availability. Once redeemed, these Gifts cannot be revoked, cancelled, returned or exchanged, and Points will not be reinstated, for no valid reason.
8.2. Certain Gifts may be provided with an express guarantee card given by the manufacturer. You shall be responsible for the safe keeping of the guarantee card.
8.3. Gifts may be subject to the terms and conditions relating to or attached to such Gifts and/or as mentioned in the current Gifts schedule as determined by the relevant participating outlet or Suppliers, including any ticket for airline travel. It is the Member’s responsibility to satisfy and comply with all such terms and conditions and it shall be the responsibility of the Member to bear all fees, costs and expenses incurred in respect of the Gifts.
9. Reservation of Gifts
9.1 Members are allowed to reserve a Gift, which is temporarily out of stock, through the approved channels offered by us. Once stock is available, the reservation will automatically be processed as redemption subject to the Terms and Conditions. However, any reservation that is not fulfilled within one (1) month will be automatically cancelled. Any reservation made by the Member is subject to Point expiry. Reservations may not be applicable for certain redemption promotions or methods, for example ‘Points Knock Down’ promotion and redemption that involves online payment.
10. Terms and Conditions in respect of Certificates/Vouchers
10.1 Unless otherwise specified in the relevant certificates/vouchers, these terms and conditions shall apply to Gifts in the form of certificates/vouchers:
10.1.1 the certificate/voucher is only valid for use at participating outlets or Suppliers as mentioned on the certificate/voucher and only on specific matters mentioned therein;
10.1.2 the certificate/voucher is not transferable and not exchangeable for cash;
10.1.3 the certificate/voucher shall be subject to the specific terms and conditions stipulated therein;
10.1.4 in the event that an expiry date is stipulated, such certificate/voucher shall expire and be
invalidated on the expiry date stipulated therein. Such expired certificate/voucher will not be
extended and replaced;
10.1.5 no Point(s) will be reinstated for any cancellation of or unutilised certificate/voucher which is
redeemed by you;
10.1.6 in the event that certificate/voucher is in the form of cash vouchers, you shall pay the difference if purchase of goods or services exceeds the certificate/voucher face value. If the purchase amount
is lesser than the certificate/voucher value, no payment will be made to you for the difference;
10.1.7 it is your responsibility to make the necessary reservation (if required) with the participating outlets or Suppliers;
10.1.8 you shall bear any costs and expenses which may be incurred in respect of the
vouchers/certificates;
10.1.9 for hotel certificates/vouchers, please note that hotel reservations are subject to room availability and it is your responsibility to ensure that the necessary arrangement is made with the relevant hotel. You may be required to pay a deposit to the relevant hotel. such deposit and all other charges (if any) shall be borne by you;
10.1.10 you may be requested to present your identification documentation, the original certificate/voucher and Membership Card for redemption and verification;
10.1.11 only original certificates/vouchers will be accepted. Participating outlets or Suppliers will not usually accept damaged, defaced or photocopied certificate/vouchers;
10.1.12 the participating outlet or Supplier may be entitled to reject the certificate/voucher if it is forged, tampered or expired or where the verification process is unsuccessful;
10.1.13 We or the participating outlets/Suppliers will not replace lost, stolen, damaged and expired
certificate/vouchers;
10.1.14 the certificate/voucher may not be used in conjunction with any promotions or special offers; and
10.1.15 the certificate/voucher shall further be subject to the terms and conditions governing the relevant services and/or goods determined by the Participating outlets or Suppliers. Failure to comply with any of the above these terms and conditions may result in the certificate/vouchers to be void or the relevant Partner/Supplier’s or participating outlet’s refusal to accept the certificate/voucher. We shall not be responsible for any such failure and any disputes arising in connection with the failure to comply with any of the above terms and condition shall be resolved between you and the Partner/Supplier or the participating outlet. We may, but is not obliged to, assist you in resolving the dispute to the extent we deem appropriate.
6.1.4. Delivery Policy
Gifts Delivery Policy
1. Where applicable, we will endeavor to deliver the redeemed Gifts to the Members within 2 weeks upon confirmation of the redemption. The Member shall promptly notify us of any change of address to ensure that the Gift is delivered to the correct address.
2. Gifts will be delivered (at our sole and absolute discretion), to the address of the Member in our record or any other address specified and authorised by the Member (“Delivery Address”). Gifts will be delivered to the occupants at the Delivery Address, and where such Delivery Address is an office, to any personnel in the office. Delivery to the Delivery Address shall be deemed delivered to the Member if received by the occupants or personnel as aforesaid at the time it is left at the premises of the Member; if the premises cannot be identified or inaccessible by our delivery partner, then delivery will be deemed completed when the Gift is left at the premises closest to the address indicated by the Member upon reasonable effort to notify the Member.
3. We will not deliver to PO Box addresses and addresses outside Malaysia. Member/recipient of the Gift(s) shall present identification documentation to the delivery personnel, failing which the delivery personnel shall have the right to refuse delivery and return the Gift to us as “unclaimed”. Recipients of the Gift are advised to examine the delivered Gifts upon receipt. If the Gift item is found to be faulty/damaged, the Member shall contact our Member Services Centre within 3 days from Gift receipt date. To the maximum extent permitted by law, any disputes raised after the expiry of a period deemed reasonable by us will not be entertained by us and the Members will be required to liaise directly with the respective Suppliers according to the warranty information.
4. Installation costs (where applicable) are excluded for all Gifts. All such installation costs incurred shall be borne by the Members.
5. We shall be entitled to impose a separate delivery or courier charges or, where appropriate, deduct a set number of Points to account for delivery charges under the following circumstances:
5.1. Delivery to East Malaysia;
5.2. Re-delivery of unclaimed Gifts;
5.3. Re-delivery of Gifts that have been returned under the following circumstances: incomplete address, PO Box addresses, non-Malaysian addresses, person has shifted, no such person or for any other failed delivery reasons;
5.4. Urgent delivery (less than 2 weeks from process date); or
5.5. Delivery of Gifts redeemed via e-auction, e-shopping, Cash Rebate Redemption or any other methods of redemption as specified by us from time to time.
6. In the event a Gift was collected by the Member at the Partner’s outlets, courier service outlets or our office, BLSB will not refund any delivery charges nor reinstate Points that have been deducted for delivery.
7. All Gifts unclaimed after two (2) months from the redemption date will be forfeited and the Points used will not be reinstated.
8. It is the Member’s responsibility to check the status of delivery and to contact us if the Gift has not been received after one (1) month from redemption confirmation.
9. Time for delivery shall not be of the essence of the Agreement. Dates quoted for delivery are approximate only and we shall not be liable for any delay in delivery of the Gifts. We shall have the right to engage third party service provider to deliver the Gifts to you.
6.1.5. Refund and Return Policy
Refund and Return Policy
The Refund and Return Policy shall be applicable to Sale Contracts entered into between you and BonusLink (except for Section C below). The refund and return of goods and/or services in respect of Third Party Sale Contracts shall be subject to Section C and may be subject further to the refund and return policy of the relevant third party seller/Supplier/Partner.
Section A: No Show and Cancellation for no valid reasons
Late-cancellation and no-show policy: BonusLink maintains a free cancellation policy before the stipulated cancellation deadline. If you wish to cancel the Sale Contract in respect of any goods and/or services entered into between you and BonusLink, you must do so in accordance with the cancellation cut-off time specified by us. If you cancel the Sale Contract after the cancellation cut-off time, this will be considered as
a “late cancellation” or if you do not redeem or utilise your purchased vouchers, goods and/or services , this will be considered as a “no-show”.
Save and except cancellation of the Sale Contracts within the cut-off time as specified above, no refunds (either in the form of money or credit) or cancellation without any valid reasons is allowed. For the avoidance of doubt, no refund or cancellation is allowed for no show. There will also be no refunds for any partially used or unused goods and/or services without any valid reasons.
Sale Contracts which are canceled within the cut-off time specified by us will be processed by us in the following manner:
(a) the refund will be made in the form of Points, cash and/or any other relevant methods subject to our sole and absolute discretion including but not limited to Cashback within 14 working days upon cancellation initiation. In the event that the refund is made in the form of Cashback to your Account, the Cashback will be valid for a period of 3 months (or such other period as determined by us from time to time) from the date the Cashback is successfully credited into your Account and the Cashback may be used by you to offset your transactions on the e-commerce Platform (namely, the BonusLink App). Please note that Cashback is merchant specific (please refer to the Cashback Policy).
If more than 24 hours have passed, you can reach out to us via call at 03-7626 1000 or email us at memberservices@bonuslink.com.my for issues with your transaction.
A processing fee of 10% per transaction will be incurred for eligible cash refund requests. Once initiated, the cash refund will reflect in your statement within 14 working days.
You shall pay for all charges, fees, costs and/or expenses incurred by any financial institution including but not limited to the bank and payment gateway, if any, which may be deducted from the amount of refund.
Section B: Faulty or defective goods
The remedies stated below are applicable to you to the extent the Consumer Protection Act 1999 (“CPA”) applies to you and shall be without prejudice to other rights you have under the CPA. In the event the CPA does not apply to you, the remedies stipulated below shall merely be a guidance and the availability of such remedies shall be subject to our reasonable adjustments at our discretion. Please note that certain remedies may not be available to you due to the nature of the goods and/or services (e.g. certain goods are nonreturnable for hygienic purposes).
1. Claim against Manufacturer
You may claim against the manufacturer of the goods, where applicable.
2. General Remedies
In the event that the goods purchased by you from BonusLink: (i) is found to be not of acceptable quality; (ii) does not correspond with the description; or (iii) fail to comply with the implied guarantees under the CPA or is found to be defective or faulty, you shall contact us immediately or within a reasonable time (“Defect/Defective”).
Upon being notified by you of any such Defect, we may carry out an examination and investigation as to the cause of such Defect. Provided that such Defect is not due to reasons attributable to you, you may require us to:
(a) replace the goods (subject to availability);
(b) refund to you the payment received by us in respect of the goods (where cannot reasonably be expected to repair/replace);
(c) repair the goods (to the extent we are able to do so);
(d) cure/remedy the Defect (to the extent we are able to do so); or
(e) other reasonable remedies mutually agreed between you and BonusLink.
3. Right to reject/cancel the contract
In the event any Defect is one that cannot be remedied or of a substantial character, you may reject the goods subject to the provisions below and in the CPA.
If you wish to reject the goods, you are required to notify BonusLink of your decision and the ground(s) for the rejection and return the rejected goods to BonusLink.
When you exercise the right to reject the goods, we may:
(a) replace the rejected goods with the goods of the same type and of similar value (where such goods are reasonably available to us);
(b) refund any payment received by us or other consideration provided by you in respect of the rejected goods; or
(c) other reasonable remedies mutually agreed between you and BonusLink.
Your right to reject the goods will be lost where:
(a) The right is not exercised within reasonable time;
(b) The goods have been disposed of by you;
(c) The goods have been lost or destroyed while in your possession or of a person other than us;
(d) The goods were damaged after delivery to you for reasons not related to their state or condition at the time of the supply; or
(e) The goods have been attached to or incorporated in any real or personal property and the goods cannot be detached or isolated without damaging them.
Section C: Third Party Goods and/or Services
Where any goods and/or services in respect of the Sale Contract entered into between you and any third party seller/Supplier/Partner is found to be Defective or fail to comply with the implied guarantees under the CPA, you are required to liaise directly with the relevant third party seller/Supplier/Partner within reasonable time and is subject to the refund and return policy of the relevant third party seller/Supplier/Partner.
Any cancelled, reversed transaction or any refund will be processed upon being notified of the relevant cancellation, reversal or refund. Once the relevant third party seller/Supplier/Partner cancels the transaction on its end, the refund will be made to your card and/or via any other relevant methods subject to our sole and absolute discretion including but not limited to Points, cash and Cashback. The amount will be reflected in your statement within 14 working days upon completion of cancellation by the relevant third party seller/Supplier/Partner. In the event that the refund is made in the form of Cashback to your Account, the Cashback will be valid for a period of 3 months (or such other period as determined by us from time to time) from the date the Cashback is successfully credited into your Account and is automatically used on your next transaction with us, sitewide (or such other Platform as determined by us from time to time).
Generally and unless otherwise permitted by the third party seller/Supplier/Partner, if you have purchased goods and/or services from third party seller/Supplier/Partner via Payment Services and have received your goods and/or services from the third party seller/Supplier/Partner, no cancellation is allowed for no valid reasons.
6.1.6. Cashback Policy
Cashback Policy
Cashback may be earned from each successful transaction by the Member in respect of certain qualifying goods or services from a third party merchant/supplier/partner or BonusLink (“Cashback Merchant”), as determined by BonusLink from time to time, upon payment made via the BonusLink Payment Services through the Platform (namely, the BonusLink App), each a “Cashback Qualifying Transaction”.
This Cashback is the return of a percentage or a fixed amount based (as determined by BonusLink and stipulated in the BonusLink App) on the total bill in respect of the Cashback Qualifying Transaction, not including any amount paid with promo codes and Cashback. For example, a 15% Cashback is provided for each Cashback Qualifying Transaction with a Cashback Merchant, ABC Restaurant. The total bill at ABC Restaurant is RM10 and Member pays RM2 in Promo/Discount code while RM8 is paid by debit/credit card through the BonusLink App. In the above Cashback Qualifying Transaction, Member will receive RM1.20 (15% of card amount paid) only in Cashback and the Cashback of RM 1.20 can only be used for the next Cashback Qualifying Transaction with ABC Restaurant subject to the Validity Period below.
This Cashback will be added to the particular Cashback Merchant’s Cashback pocket, in “My WalletCashbacks”. Member can only use this Cashback for the next Cashback Qualifying Transaction with the same Cashback Merchant within the validity period determined by the Cashback Merchant and BonusLink (“Validity Period”).
Member will not receive any Cashback for transactions which is cancelled and refunded. In the event that the Cashback in respect of such cancelled/refunded transactions has been recorded in the Member’s account, such Cashback will be reversed and deducted by BonusLink. Once the Cashback has expired or if the Cashback is not utilised within the Validity Period, the Cashback will no longer be valid and may be deducted from the Member’s account. Cashback is not transferrable and not convertible into cash.
Cashback shall be subject to additional terms and conditions stipulated in the BonusLink App and the relevant terms and conditions imposed by the relevant Cashback Merchant.
7. Payment
7.1. Unless otherwise stipulated or permitted by us, all payment required to be made by you in respect of the Goods and/or Services made available or published on or through the Platform shall be made via any of the Payment Services made available on the Platform by following the payment process set out on the Platform. The price payable in respect of the Goods and/or Services made available or published on or through the Platform shall be as stipulated on the Platform. You may also pay for the purchase of certain Goods and/or Services not made available or published on or through the Platform (as may be determined by us from time to time) by using the Payment Services made available on the Platform.
7.2. By using the Payment Services, you may be entitled to certain BonusLink Programme Benefits as may be determined by us from time to time.
7.3. The Payment Services are provided and operated by third party payment service provider engaged by us and all payment made via such Payment Services are subject to the specific terms and conditions applicable to the Payment Services imposed by the third party payment service provider in addition to this Agreement. For the avoidance of doubt, the terms governing the Payment Services will be based on: (i) the payment method selected by you; and (ii) the agreement between you and the relevant financial institution, credit/debit card issuer and/or other relevant payment service provider. To the maximum extent permitted by law, we disclaim all liabilities associated with the security of the Payment Services. All disputes in respect of payment shall be resolved between you and the relevant financial institution, credit/debit card issuer or other relevant payment service provider (based on your selected payment method).
7.4. Please note that as the Payment Services are not operated by us, any payment dispute or fraud in connection with the payment made via the Payment Services will be referred to the relevant third party payment service provider. To the fullest extent permitted by law, we shall not be made responsible for any payment dispute or fraud not directly caused by us.
8. Risk
8.1. Risk of damage to or loss of the Goods and/or Services shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Goods and/or Services, the time when delivery of the Goods and/or Services has been tendered. Unless otherwise agreed by us, we shall not be liable for any damage to or loss of the Goods and/or Services from the time when risk passes to you.
9. Third Party’s Information, Goods and/or Services
9.1. We may facilitate Information, promotion, Gifts, services and/or goods offered, made available or to be supplied to you by third parties (“Third Party Information, Goods and/or Services”). All such Third Party Information, Goods and/or Services are offered, made available or supplied to you by the relevant third party and we are merely the facilitator of such Third Party Information, Goods and/or Services. To the fullest extent permitted by law, including without limitation the Act (i) all contracts in connection with the Third Party Information, Goods and/or Services (where applicable) are strictly made by and between you and the relevant third party to the full and absolute exclusion of us; and (ii) we make no representation and/or warranty of any kind as to such Third Party Information, Goods and/or Services and we shall not be made liable or responsible to you for any costs, loss, damages, claims, fines, penalties, liabilities and/or expenses howsoever arising from the Third Party Information, Goods and/or Services not directly caused by us, including without limitation for any negligence, delay, failure, fault and/or breach on the part of the relevant third party.
9.2. You are advised to take the necessary measures to confirm and verify the accuracy of such Third Party Information, Goods and/or Services with the third party seller/supplier.
10. e-Auction
10.1. For Terms and Conditions concerning e-Auction, please refer to e-Auction Terms & Conditions.
11. User’s Obligations and Terms of Use
11.1. You shall comply with the Terms and Conditions contained in this Agreement and you shall:
11.1.1. comply with all applicable law, regulations, and all rules, policies, guidelines and instructions as imposed or may be imposed by all relevant statutory/governmental bodies and/or authorities from time to time; and
11.1.2. comply with all guidelines, rules, policies, instructions and procedures in connection with BonusLink Membership Programme, the Sale Contracts, the Platform and/or the Services as published/imposed or may be published/imposed by us from time to time.
11.2. The Platform (including without limitation the underlying software of the Platform where relevant), the Services and/or all Information contained on, in or made available through the Membership, Platform and/or the Services shall be collectively referred to as the “ Platform/Information”, and reference to “Platform/Information” shall include any part thereof. Except as expressly set out in this Agreement or expressly authorised by us in writing, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
11.2.1. copy, distribute, recreate, and/or disseminate the Platform/Information or any part thereof for any purposes other than for normal non-commercial use or where it is necessary for the purpose of back-up or operational security;
11.2.2. rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform/Information or any part thereof;
11.2.3. make alterations or modifications to the whole or any part of the underlying software of the Platform, or permit the underlying software of the Platform or any part thereof to be combined with, or become incorporated in, any other programs;
11.2.4. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform. The Platform/Information shall not be commercialised in any manner whatsoever;
11.2.5. use the Platform/Information for any purposes other than for the purpose of and to the extent permitted under this Agreement. For the avoidance of doubt, you shall not use the Platform/Information in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or not authorised by this Agreement, or act fraudulently or maliciously;
11.2.6. use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform/Information and/or transmit or distribute any malicious code, viruses, or harmful data into or through the Platform or any operating system. You shall continuously operate nationally recognised or reasonable virus scanning software to ensure that your system that integrates with or connected to the Platform/Information does not contain any virus or any other contaminant;
11.2.7. misuse, abuse or hack into any aspect of the Platform/Information in any manner whatsoever or otherwise compromise the integrity of our software or systems. You shall not access data or Information not intended for you, including without limitation logging into a server or an account which you are not authorised to access;
11.2.8. send, publish or advertise any unsolicited advertising or promotional content through or on the Platform or any part thereof without our written permission;
11.2.9. use the Platform/Information in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users’ use and enjoyment of the Platform/Information in any manner whatsoever. For the avoidance of doubt, you shall not (i) take any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); (ii) scan, test or tamper with the security or configuration of the Platform or otherwise breach any security or authentication measures; or (iii) overload, “flood,” “spam,” “mail bomb,” or “crash” the Platform;
11.2.10. collect, share or harvest any Information from the Platform/Information or our systems (normal non-commercial use excepted) or attempt to decipher any transmissions to or from the servers running any of the Services except in such a way which is permitted by this Agreement or other agreements you have with us;
11.2.11. engage in any conduct which will violate any law or infringe our Intellectual Property Rights (hereinafter defined) or those of any third party in relation to your use of the Platform and/or Services;
11.2.12. access, monitor, or copy any content from the Platform/Information using any “robot,” “spider,” “scraper” or other automated means or any manual process;
11.2.13. bypass or circumvent measures employed to prevent or limit access to the Platform/Information; and
11.2.14. create any hyperlink or deep link to the Platform from any other website or platform.
11.3. You shall ensure that all Information made available by you to us is accurate, original, authentic, complete, current, kept up-to-date (to the extent necessary for the purpose of this Agreement), reliable and will not infringe the Intellectual Property Rights of any third party. You shall not falsify any Information.
11.4. You shall not transmit or post or cause to be transmitted through or posted on the Platform and/or the Services or any part thereof any Information which is or may be unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages or may encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or third party rights.
11.5. By submitting or uploading or allowing us to upload any Information on or through the Platform and/or the Services, save and except for any Personal Data which is to be processed in accordance with the Privacy Notice, you automatically grant, or warrant that the owner of such Information has expressly granted, us the royalty-free, perpetual, irrevocable, non-exclusive right and license to reproduce, share, publish and distribute such Information (in whole or in part) on or through the Platform.
11.6. Without prejudice to other rights we may have under this Agreement or in law, in the event that you are found to be in breach of any of the terms contained in this Clause:
11.6.1. we shall be entitled to immediately suspend or terminate your: (i) Membership, (ii) any pending Sale Contracts; and/or (iii) use of the Account or the Platform/Information;
11.6.2. we shall have the right to remove any Information submitted, uploaded or transmitted by you to or through the Platform (if any); and
11.6.3. you shall indemnify us in full and hold us harmless against all claims, loss, costs, damages, charges and/or expenses (including loss of profit) incurred and/or suffered by us as a result of such breach.
12. Warranties and limitation of liability
12.1. We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms and Conditions.
12.2. In relation to the use of the Platform/Information, we do not warrant (to the maximum extent permitted by law) that:
12.2.1. the functions contained in the Platform/Information will meet your requirements;
12.2.2. the operation of the Platform/Information will be uninterrupted (maintenance works will be carried out from time to time);
12.2.3. any Information (or messages) transmitted via the Platform will be transmitted in a timely manner;
12.2.4. the Platform/Information is error free; and
12.2.5. the Platform/Information is free of viruses or other technologically harmful threats. You shall be responsible for implementing all necessary security measures or appropriate scanning and protective mechanisms for the security of your devices, programs and information.
12.3. BLSB’s Partners, Suppliers and other relevant third party suppliers/sellers do not have any authority, express or implied, to make any representation, warranty or statement on behalf of BLSB.
12.4. Notwithstanding anything contained herein and to the maximum extent permitted by law and the Act:
12.4.1. the Platform and Services contained on, in, or available through the Platform and/or Services are provided on an "as is" and “as available” basis, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions, including without limitation warranties as to fitness for purpose and non-infringement with respect to such Platform and Services save and except as otherwise expressly provided herein;
12.4.2. in no event shall BLSB or its affiliates be liable for any indirect, incidental, punitive and/or consequential damages and/or loss of profit, goodwill, production and/or revenue and/or any other type of special losses and/or damages howsoever arising whether or not such losses and/or damages were reasonably foreseeable or BLSB had been advised of the possibility of same incurring; and
12.4.3. BLSB’s maximum and cumulative total liability (including without limitation any liability for acts and omissions of its representatives) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, misrepresentation and any other damages and/or losses (“Claims and Losses”) howsoever arising under this Agreement shall not exceed:
12.4.3.1. in respect of Claims and Losses in connection with the Sale Contracts, the purchase price or value of the relevant Sale Contract or RM 300, whichever lower (to the extent that such liability could lawfully be limited under the Act); and
12.4.3.2. in respect of all Claims and Losses other than the Claims and Losses stipulated in Clause 12.4.3.1 above, RM 300.
12.5. Notwithstanding anything contained herein and without prejudice to our rights and remedies under this Agreement or at law, we shall not be liable in any manner whatsoever for any claims, indemnity, proceedings, demands, suits, liability, loss, damage, costs (including legal fees on a solicitor-client basis) and/or expenses to the extent that such claims, indemnity, proceedings, demands, suits, liability, loss, damage, costs and/or expenses is due to or arises from any of the following:
12.5.1. any delay on your part in replacing the Membership Card;
12.5.2. any unauthorised use of Membership by you or caused or permitted by you;
12.5.3. any failure of a Member to notify (if notification is necessary) the relevant seller/supplier/Partner (in connection with or participating in the BonusLink Programme) that a transaction is a qualifying transaction (for Points);
12.5.4. any delay/failure of the seller/supplier/Partner (in connection with or participating in the BonusLink Programme) to notify BLSB of the details of a relevant transaction. We may, however, assist you with any dispute or inquiry in respect of the relevant transaction provided that you supplied us with the relevant receipt and other information required by us;
12.5.5. any unauthorised use, sale or redemption of Points by you or cause or permitted by you;
12.5.6. any loss, theft or damage to any Gift in the course of delivery provided however that we will liaise with and endeavor to resolve any issue with the relevant delivery personnel;
12.5.7. any Gift not being available for any reason (as Gifts ae subject to availability);
12.5.8. any failure by the Supplier to meet the Terms and Conditions to supply the Gift. In such event, we may assist you in resolving the issue with the Supplier within our capacity;
12.5.9. any failure, breach, neglect, negligence or omission on your part or any other person for whose acts or omissions you are vicariously liable, whether in tort, contract or otherwise; and/or
12.5.10. any technical system failure or other factors beyond our control.
13. Advertisements
13.1. We may place advertisements in different locations on the Platform and at different points during your use of the Platform and/or Services. You acknowledge that the advertisements may relate to third party’s goods and/or services, and we shall not be made responsible for any such third party goods and/or services. We shall not be liable or responsible in any manner whatsoever for any claims in connection with the advertisement.
14. Links to Third Party Sites
14.1. Where the Platform contains links to third party sites and to resources provided by third parties (“Third Party Sites”), those Third Party Sites are merely linked to provide information only and are solely for your convenience. We have no control over and we assume no responsibility for the Information contained in such Third Party Sites and we accept no responsibility for any loss and/or damage that may arise from your use of the Third Party Sites. If you decide to access any of the Third Party Sites, you hereby agree to do so entirely at your own risk.
15. Intellectual Property
15.1. Each party (its suppliers, contractors, partners and/or licensors (if any)) shall own and retain all its existing rights, titles and/or interests in, to and/or under patents, registered designs, designs, copyrights, names, marks, trade names, trademarks, service marks and logos and all other intellectual, industrial and/or proprietary rights (‘‘Intellectual Property Rights’’). Nothing in this Agreement shall transfer or assign any such Intellectual Property Rights to the other party.
15.2. As between BLSB and you, all Intellectual Property Rights developed pursuant to this Agreement by BLSB (its suppliers, contractors, partners and/or licensors (if any)) shall vest in BLSB upon its creation.
15.3. You shall not use our Information in which any of our Intellectual Property Rights subsist without our prior written consent save and except for the purpose of, and only to the extent necessary for the purpose of, performing your obligations under this Agreement.
16. Confidential Information
16.1. "Confidential Information" means all information of any kind, whether in machine readable or visually readable form, oral or otherwise and whether or not labelled as “Confidential”, that are made available by or on behalf of the disclosing party to the receiving party for the purposes relating to or in connection with this Agreement. “Confidential Information” shall not include information that: (i) was, at the time of its disclosure, already in the possession of the receiving party and such party can establish, through reasonably sufficient and credible competent evidence, such prior possession; (ii) is independently developed by the receiving party, (iii) is or becomes generally available to the public other than as a result of a breach of this Agreement by the receiving party or its Representatives (hereinafter defined); or (iv) becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party or its Representatives; provided, however, that such source is not to the knowledge of the receiving party bound by a confidentiality agreement or other legal or fiduciary obligation of secrecy to the disclosing party.
16.2. The receiving party shall not disclose the Confidential Information or any part thereof to any person except (i) where such disclosure is required by law or the regulations of any securities exchange; (iii) to its/his/her respective employees, agents, service provider, personnel and/or legal, financial and/or accounting advisors (collectively, “Representatives”) who have a definite need to know such Confidential Information for the purpose of this Agreement; and/or (iv) with prior written approval of the disclosing party.
16.3. Notwithstanding anything contained herein, we shall be entitled to disclose your Information to the relevant seller/supplier/Partner (in connection with or participating in the BonusLink Programme) and service providers engaged by us for the purpose of this Agreement. You hereby consent and authorises us to forward your relevant Information to the relevant seller/supplier/Partner and service providers.
16.4. All Confidential Information shall solely be used for the purpose of this Agreement.
17. Indemnity
17.1. You agree to indemnify and hold us, our related corporations, contractors, successors, assigns, and third parties, and each of our and their respective directors, officers, employees and agents harmless from and against all loss, damages, claims, fines, penalties or expenses, including attorneys' fees, arising howsoever from or in connection with any breach, default, omission, misrepresentation, negligence, misconduct, non-observance and/or non-performance of this Agreement by you or on your part or of any other person for whose acts or omissions you are vicariously liable, whether in tort, contract or otherwise.
18. Termination and Suspension
18.1. Without prejudice to any other right or remedy we may have under this Agreement or at law, we may immediately terminate this Agreement, any Sale Contracts and/or your Membership if:
18.1.1. you are found to be in breach of any of these Terms and Conditions and such breach is not remedied within seven (7) days of our written notice; or
18.1.2. you shall pass a resolution for winding up or becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration (including without limitation bankruptcy proceeding) or if a receiving order is made against you or you make any arrangement or composition with your creditors;
18.1.3. you provide misleading information or makes any misrepresentations to BLSB, any Partner or any Supplier;
18.1.4. you abuse any features made available to you through the Platform, including the BonusLink Programme Benefits;
18.1.5. you engage in any fraudulent activity;
18.1.6. (i) your Account has been dormant or inactive for a period of six (6) months or more; or (ii) you have failed to complete the registration of the Membership Card on our Platform and provide your Account Identification details to us within thirty (30) calendar days (or other reasonable period as may be determined by BonusLink from time to time) from the date of activation of the Account. For the avoidance of doubt, an Account with BonusLink will be activated upon collecting Points on the Membership Card at the first time; or
18.1.7. you do not accumulate a minimum number of Points for a period of six (6) months which minimum shall be set by BLSB at its own discretion from time to time.
18.2. Notwithstanding anything contained in this Agreement and without prejudice to any other right or remedy we may have under this Agreement or at law, we reserve the right, at our sole and absolute discretion, to immediately (with or without notice) and without any compensation to you:
18.2.1 suspend, restrict or cease your access to the Account, the Platform and/or the Services or any part thereof;
18.2.2. suspend, reverse or cancel any relevant transaction and/or Sale Contracts;
18.2.3. suspend or deactivate your Membership;
18.2.4. forfeit, cancel, deduct your Points or refuse to record your Points;
18.2.5. withhold, retain or forfeit any payment; and/or
18.2.6. forfeit your Gift(s);
and shall have no liability or responsibility to you in any manner whatsoever if:
18.2.7. you are found to be in breach of any of these Terms and Conditions;
18.2.8. we suspect, on reasonable grounds, that you have committed a breach of these Terms and Conditions;
18.2.9. you are involved in or attempting to carry out any fraudulent or unlawful activities or acted in an inappropriate, abusive or hostile manner; or
18.2.10. we are of reasonable opinion that your use of the Platform and/or the Services: (i) poses a security risk; or (ii) will cause disturbances to other users or otherwise cause any disturbances to us in providing any services to other third parties.
18.3. Upon the occurrence of any of the risks, breaches or events listed in sub-clauses 18.2.7-10 above, we shall be entitled (but not obliged) to carry out all necessary safety measures, investigation and steps to minimise, remedy or resolve such risks, breaches or events. We may refuse to restore your access or lift the suspension until we receive an assurance from you, in the format that we deem acceptable, that the said risks, breaches or events will be fully eliminated, remedied and/or resolved and that you will take all steps necessary to prevent the same from reoccurring. Without prejudice to our other rights and remedies under this Agreement or at law, in the event that any suspension continues for a period of thirty (30) days or more, we shall be entitled to terminate this Agreement, the Sale Contracts and/or your Membership in the event that any of the said risks, breaches or events continue to exist or are not remedied/resolved.
19. Termination of BonusLink Programme or this Agreement for Convenience
19.1. We shall be entitled to terminate this Agreement and the BonusLink Membership Programme, in whole or in part, with six (6) months' advance notice to all active Members/users. If the BonusLink Programme is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no BonusLink Programme Benefits will be honoured, after the expiry of the said notice period.
19.2. A Member may at any time terminate his or her Membership by giving notice to BLSB. If an Account is closed upon the receipt of the request by the Member to terminate his/her Membership, the Member’s entitlement the BonusLink Programme Benefits will cease.
20. Effect of Termination
20.1. Unless otherwise agreed and without prejudice to any other right and remedy we may have under this Agreement or at law, upon termination of this Agreement, the BonusLink Membership Programme or your Membership all relevant Services, your use of the Platform, BonusLink Programme Benefits and all other rights granted by us to you hereunder shall cease (unless otherwise agreed by us). All Points will also be forfeited. When requested by us, you shall return to us or destroy all our Confidential Information.
20.2. Our right of termination and/or suspension herein shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
21. Variation
21.1. We shall have the right at any time to add, delete, amend or modify this Agreement, or any part thereof, from time to time. Such addition, deletion, amendment or modification shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on the Platform, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. You shall immediately notify us in the event that you are not agreeable to any such addition, deletion, amendment or modification, in which case we shall be entitled to terminate this Agreement, the pending Sale Contracts and/or your Membership. Any use of the Platform and/or the Services by you after the issuance of such notice shall be deemed to constitute acceptance of this Agreement with such addition, deletion, amendment, or modification.
21.2. We shall have the right at any time to change or discontinue any aspect or feature of the Platform and/or Services.
22. Availability of the Platform and/or Services
22.1. Maintenance, updating and/or upgrading works may be carried out on the Platform from time to time. The Platform and/or the Services may not be available during the maintenance, updating and/or upgrading works and we shall not be held responsible or liable in any manner whatsoever for such unavailability.
23. Governing Law
23.1. This Agreement shall be governed by, construed and enforced under, and subject to, the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction hereto.
24. Force Majeure
24.1. Neither party shall be liable to the other party or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations under this Agreement, if the delay or failure was due to any cause beyond the party’s reasonable control, including but not limited to:
24.1.1. fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
24.1.2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
24.1.3. acts, restrictions, regulations, bye laws, prohibitions, import or export regulations, embargoes or measures of any kind imposed by any governmental, parliamentary or local authority;
24.1.4. strikes, lock outs or other industrial actions or trade disputes;
24.1.5. pandemic, virus outbreak or government restraints;
24.1.6. difficulties in obtaining raw materials, labour, fuel, parts or machinery; or
24.1.7. telecommunication, transportation, power supply, network or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
25. No Agency/Partnership
25.1. Nothing in this Agreement shall create, or be deemed to create, a joint venture, partnership or the relationship of principal and agent between/among the parties. No party has any authority to act, make representations or bind or contract on behalf of any/the other party.
26. Severability
26.1. Any term, condition, stipulation, provision, covenant or undertaking (“Provision”, and any reference to Provision shall include any part thereof) contained in this Agreement which is illegal, invalid or unenforceable shall, to the maximum extent possible, continue to apply with the necessary modification in order that the Provision is legal, valid and enforceable provision which most closely reflects the original Provision. Subject to the foregoing, any Provision which is illegal, invalid or unenforceable shall be fully severable and ineffective to the extent of such illegality, invalidity or unenforceability without invalidating the remaining Provisions contained in this Agreement (which shall not be affected by the illegal, invalid or unenforceable Provision or by its severance herefrom).
27. Successors and Assigns
27.1. This Agreement shall be binding upon the parties and their permitted legal assigns and successors in title.
28. Cumulative Remedies
28.1. All rights and remedies provided under this Agreement are cumulative and not exclusive of the rights, powers or remedies provided by law independent of this Agreement, unless otherwise provided under this Agreement. Any express statement of a right or remedy shall be without prejudice to any other rights and remedies which are available to the relevant party.
29. Survival
29.1. The covenants, conditions and provisions of this Agreement which are capable of having effect and which shall by their nature survive after the expiration or termination of this Agreement shall remain in full force and effect following the expiration or termination of this Agreement.
30. No Waiver
30.1. No failure or delay on the part of a party in exercising any rights or remedies under this Agreement at any time or for any period of time nor any knowledge or acquiescence by a party of, or in, any breach of any provision of this Agreement shall operate as or be deemed to be a waiver thereof nor shall a waiver by that party of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. A provision of right or remedy under this Agreement may not be waived except in writing signed by the Party so waiving.
31. Assignment, Novation, Delegation And Subcontracting
31.1. You shall not transfer, assign, novate and/or sub-contract any of your rights and/or obligations hereunder to a third party without our prior written consent. We may transfer, assign, novate, and/or sub-contract any or all of our rights and obligations under this Agreement to our affiliates or a third party. In such event, we shall be entitled to disclose or transfer your data and information to a prospective or actual transferee, assignee or sub-contractor.
32. Entire Agreement
32.1. This Agreement (together with any documents referred to herein) constitutes the whole agreement between the parties relating to the subject matter hereof and supersedes any prior agreements, understandings or arrangements between the parties, whether oral or in writing relating to the subject matter hereof and no representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as set out in this Agreement.
33. Notice
33.1. Except as otherwise agreed or provided in this Agreement, all notices and other communications to be given to any party pursuant to this Agreement shall be in writing and shall be valid and sufficient if dispatched or sent in the following manner:
If by BLSB to you
33.1.1. by hand, registered post, courier or other registered postal service to your address in BLSB’s record;
33.1.2. by posting, publishing or sending a notification on or through the relevant Platform (to your inbox or generally on the news feed/other parts of the Platform);
33.1.3. by email to the email address provided by you;
33.1.4. by publication in a newspaper; or
33.1.5. by short messaging services (SMS) to the mobile phone number registered with BLSB.
If by you to BLSB
33.1.6. by hand, registered post, courier or other registered postal service to:
Attention: Member Services
Correspondence Address:
BonusKad Loyalty Sdn Bhd 199701022703 (438200-T)
Level 7 Block C Menara Glomac, Kelana Business Centre
Jalan SS 7/2, Kelana Jaya, 47301 Petaling Jaya, Selangor Darul Ehsan
33.1.7. by email to MemberServices@bonuslink.com.my
33.2. Notwithstanding anything to the contrary in this clause, notification by way of email, Platform notification and SMS shall not be applicable to or valid with respect to any legal, notices, claims, demands, suits, actions and/or proceedings.
33.3. Notices shall be deemed to have been served (a) if delivered personally, the next business day after it has been delivered; (b) if sent by registered postal service or courier, three (3) business days after dispatch; (c) if sent by e-mail, upon successful delivery of the email and recorded as a sent email; (d) if sent by way of posting, publishing or sending a notification, on or through the relevant Platform or by SMS, immediately upon it being successfully posted, published or sent.
33.4. If deemed service or receipt under sub-clause 3 is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), such notice is deemed to have been served or received when business next starts in the place of receipt.
34. Interpretations
In this Agreement, unless the context otherwise requires:
(a) words denoting the singular include the plural and vice-versa;
(b) words denoting natural persons include bodies corporate and unincorporated;
(c) references to any legislation, statutory provision and/or law shall include any subsidiary legislation, guidelines, rulings and/or regulations made under such legislation, statutory provision and/or law and any amendment, substitution, re-enactment, modification and/or replacement made in relation to the foregoing from time to time (“Modification”) so far as such Modification applies or is capable of applying;
(d) headings of this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement;
(e) references to any party to this Agreement or any other agreement or instrument shall include that party's successors and permitted assigns;
(f) no rule of construction or interpretation applies to the disadvantage or detriment of the party having control or being responsible for the preparation of this Agreement; and
(g) any words following the terms including, include or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.