T PRIVILEGE LOYALTY PROGRAMME MEMBERSHIP TERMS AND CONDITIONS

Definitions

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

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

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

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

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

e) “Mobile App” means the mobile application(s) owned and operated by T Privilege in relation to Programme;

f) “Point” or “Points” means the Points awarded to Members for redemption of purchases (such as products, services or properties) made at participating Merchants’ outlets under the Programme;

g) “Programme” means T Privilege Loyalty Programme operated by T Privilege;

h) “Rewards” means the products, services, rewards, gifts or other benefits made available by Merchants under the Programme which may be redeemed by Members by using his/her Points;

i) “T Privilege Card” or “the Card” means T Privilege Loyalty Programme membership card;

j)  “Total Invoice Value” means the total amount charged by a Merchant for Member’s purchase of goods or services at a Merchant’s outlet after deduction of any applicable discounts and rebates while for a food and beverages outlet, the total amount charged by a Merchant will be inclusive of service charges and government service tax or any other taxes as imposed under the applicable law;

k)  “Website” means the website owned and operated by  Tropicana Corporation Berhad and its’ subsidiaries, including T Privilege (“Tropicana group of companies”) in relation to the Programme and located at www.tropicanacorp.com.my or any other addresses which T Privilege deems fit from time to time.

1. Membership

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

1.2)  The following individuals are eligible to participate in this Programme (“Eligible Participants”):-

a) Malaysians or expatriates residing in Malaysia, who are 18 years of age and above at the time of entry into the Programme;

b) a shopper at the Venue;

c) a purchaser who has purchased property from Tropicana group of companies during the Programme; or

d) an existing member of the Programme.

Only Eligible Participants who fulfil the conditions under this Clause 1.2 are eligible to participate in this Programme.

1.3) If the individuals are under 18 years of age, the parent, guardian or person with parental responsibility is deemed to consent to the processing of the child's personal data and accept and agree to be bound by these Terms and Conditions on behalf of the child and take responsibility for his or her actions. We will close any membership used exclusively by such children and will remove and/or delete any personal data we believe was submitted without any parental consent by any child under the age of 18.

1.4) An Eligible Participant may sign up and register for the Programme with T Privilege through the Mobile App or by any other methods that T Privilege may decide to implement and establish from time to time and may then earn Points on various purchases at participating Merchants’ outlets upon and subject to these Terms and Conditions;

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

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

1.7) Approval and grant of membership shall be at the sole and absolute discretion of T Privilege. The T Privilege Card shall be issued to the Member seven (7) days from the date of T Privilege’s approval on his/her application.

1.8) Each Eligible Participant shall only apply for and hold one (1) valid Card only as a Member at any one time. Each member will be issued a form of Membership Identification which T Privilege deems fit.

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

1.10) The application of membership under the Programme is FREE from any charges. Notwithstanding this, T Privilege reserves the right to apply any charges and membership fees at any time as it deems fit.

2. T Privilege Card

2.1) The use of T Privilege Card by Members shall be in accordance with these Terms and Conditions which may be amended by T Privilege from time to time.

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

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

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

2.5 T Privilege Card shall be used by the Members in the Merchant’s outlets in the following
venue:

  1. Tropicana Golf & Country Club, bearing the postal address of Jalan Kelab Tropicana, 47410 Petaling Jaya, Selangor Darul Ehsan (“TGCR”);
  2. Tropicana Gardens Mall, bearing the postal address of No. 2A, Persiaran Surian, Tropicana Indah, 47810 Petaling Jaya, Selangor Darul Ehsan; and
  3. such other venues to be determined at the absolute discretion of T Privilege (collectively referred to as “Venues”) from time to time.

3.1) Awarding of Points:
Property Purchase – RM10 = 1 point
Tropicana Gardens Mall – RM1 = 1 point
Tropicana Golf & Club Resort – RM1 = 1 point
External Merchants/ Partners – RM1 = 1 point

3.2) Redemption of Points:
100 points = RM1
3.3) An Account must be in good standing upon the time of awarding or redemption of Points as follows:-

a) the Account has sufficient Points for redemption;

b) the Account is not deactivated

c) the Account is not blacklisted; and

d) the Account is not under investigation for any fraudulent transactions.
3.4) A Member may utilise the Points earned at all Merchants’ outlets at the Venues or at any other places or method specified by T Privilege from time to time. Member may refer to the current list of Merchants which is available on the Website or Mobile App or any other sources as determined by T Privilege.
3.5) When a Member utilises his/her Points, the Points shall be utilised on first in first out basis.
3.6) A Member may utilise his/her Points in full or partially to settle the Total Invoice Value, subject to the compliance with the procedures for redemption in accordance with these Terms and Conditions.
3.7) For a partial redemption due to insufficient Points, the remaining unpaid Total Invoice Value is payable by the Member to the Merchant in the normal course of business (either by cash or credit card, as required by the Merchant) and the Member will earn Points on such part of the Total Invoice Value payable by cash or credit card.
3.8) T Privilege reserves the right to suspend a transaction and/or reallocate, recalculate, reverse or adjust the Points or take any necessary action, with or without any notice in the event that T Privilege has a reasonable ground to suspect that the Points were awarded, earned or redeemed fraudulently or in error.
3.9) Points are not exchangeable for cash and cannot be converted to cash.
3.10) The Member will be entitled to all awarded Point subject to these Terms and Conditions and a Merchant may perform an offline Point awarding transaction in the event the Loyalty System is offline as verified and confirmed by T Privilege.
3.11) A Member may check the history and record of Points’ accumulation, to check and verify the correctness and accuracy of current Points balance, any other relevant information available under his/her Account at the Members’ own risk through Website, or any other methods as T Privilege may decide to establish from time to time.
3.12) There shall be no awarding of retrospective Points for backdated receipts. Points are only awarded for receipts/purchases made on the day of purchase.
3.14) Points will be awarded or redeemed at the rate as agreed between T Privilege and the Merchant when a Member purchases goods or services at the Merchant’s outlets which may vary among the Merchants.
3.15) The Points shall automatically expire and become invalid upon expiry of twenty four (24) months from the date of transaction (“Expiry Date”). Members are encouraged to redeem their accumulated Points before the Expiry Date.
3.16) Any accepted redemption shall not be cancelled and the redeemed Rewards are not exchangeable for cash and non-returnable, unless otherwise stated. Any dispute concerning goods and services received as Rewards shall be settled between the Member and the Merchant, service establishment and/or supplier, from which the goods or services were purchased. T Privilege will bear no responsibility for resolving such disputes, or for the dispute itself.
3.17) The available Points after each redemption will be recalculated automatically by the Loyalty System for the Account but will thereafter be reflected in the Electronic Terminal.
3.18) The Rewards are subject to availability and further subject to all applicable rules and these Terms and Conditions (including booking requirements, cancellation restrictions, return conditions, warranties and limitations of liability) imposed by the respective Merchant and T Privilege.
3.19) T Privilege shall neither be liable nor held to be liable for any claims, loss, costs, expenses or damages or whatever nature resulting from the redemption of any of the Points or Rewards by the Members.
3.20) T Privilege shall make no representation or warranty (either express or implied) of any kind with regards to the condition, fitness for purposes, merchantable quality or otherwise of any goods or services or any Rewards supplied by Merchants or third party.
3.21) T Privilege shall not be responsible for any failure or delay by a Merchant or third party to supply such Rewards.
3.22) T Privilege shall not be responsible to the Members in the event the Merchant is not able to proceed with the process of awarding or redemption of Points on the date of Members’ purchase of goods or services due to malfunction of the Electronic Equipment or inability of the Merchant’s employees, agent and/or servants to proceed with such process.
3.23) Points can be redeemed once they are credited into the Account.
3.24) T Privilege shall be disclaimed for any delay in the posting of the transactions, the accrual and/or accumulation of the Points.
3.25) All awarding or redemptions of Points are subject to Merchant’s final acceptance.
3.26) In the event of any refund or purchase/order cancellation in relation to any purchase of goods or services, the Merchant may deduct the whole or part of the Points in the Account in accordance with the amount of such refund or cancellation at its deems fit subject to the Merchant’s policy.

4. Loss, Stolen, or Damage of Card

4.1) In the event that the Card is lost, stolen or damaged, Member must promptly report to T Privilege Membership Counter, as stated below (“T Privilege Membership Counter”) in person or by email followed by written notification with supporting documents addressed to T Privilege at the address and details described below to safeguard the Account and Members’ privileges. T Privilege shall not be responsible for any losses suffered by the Members as a result of his/her delay in reporting such loss, stolen or damage card to T Privilege.

a) Tropicana Gardens Mall - T Privilege Membership Counter

customercare@tropicanacorp.com.my

+603 – 7663 6888 (Monday to Friday, 9am to 6pm)

b) Tropicana Golf & Country Resort – T Privilege Membership Counter

customercare@tropicanacorp.com.my

 +603 – 7663 6888 (Monday to Friday, 9am to 6pm)

4.2) T Privilege will take safety measures by deactivating the lost, stolen or damaged Card or any information stored under the Account within reasonable time upon Member’s notification. T Privilege disclaim its liabilities on any losses or damages (either directly or indirectly) that may be suffered by the Member arising from the safety measures taken by T Privilege or any delay in invalidating the Card.
4.3) T Privilege will assist in reactivating the Account and replace the lost, stolen or damaged Card. Upon the reactivation, T Privilege may at its absolute and sole discretion to transfer the Points balance, or any information stored under the Account to the replacement Card.
4.4) Members are advised to lodge a police report as soon as possible to substantiate the claim pertaining to the lost or stolen Card.

5. Cancellation, or Termination of Membership

5.1) A Member may cancel or terminate his/her membership at T Privilege Membership Counter by returning the Card (if holding any) to T Privilege and completing the form as required by T Privilege.
5.2) Members shall opt to clear the remaining Points as all balance Points recorded in the Account will be automatically forfeited upon the Expiry Date, cancellation or termination of the membership.

6. Dispute

6.1) If there is any dispute on a Points transaction, a Member shall complete the particular form as required by T Privilege and submit such form with supporting documents to T Privilege Membership Counter within seven (7) days from the date of transaction or dispute whichever is earlier. Any submission after the seven (7) days will not be accepted.
6.2) T Privilege may at its sole and absolute discretion to settle the disputes as it deems fit. The decision by T Privilege shall be final and conclusive. T Privilege shall not be liable or responsible for any breach of any duty of care owed to such Member by any of T Privilege’s employees, staff or authorized personnel or any indirect, consequential or economic losses, loss of profits, loss of opportunity or punitive damages of any kind.

7. General

7.1) These Terms and Conditions govern the membership (including awards, redemption and use of Points and Rewards by Member) and set out the agreement between T Privilege and each Member with regards to the Programme.
7.2) All Members agree that the Privacy Notice as stated on the Website shall form part of these Terms and Conditions. Acceptance of these Terms and Conditions by Members shall constitute the acceptance of the Privacy Notice. T Privilege reserves the right to amend or supplement the Privacy Notice from time to time. Any amendments to the Privacy Notice will be posted on the Website.
7.3) All Members and applicants are advised to read the Privacy Notice before accepting these Terms and Conditions.
7.4) The accuracy of personal information shall be verified by Members and Members shall notify T Privilege upon any changes on their personal information.
7.5) Member information such as name, identification number/passport number and email must be updated in the Account to be eligible to participate in the Programme and for verification in cases of any dispute.
7.6) T Privilege and the Merchants reserve the right to request the Member to produce his/her Card, Member’s identification and personal identification (including MyKad or Passport) to facilitate the Points transaction and for verification purposes in accordance to the Privacy Notice.
7.7) T Privilege reserves the rights at its sole and absolute discretion to amend or delete any of these Terms and Conditions at any time as it deems fits without prior notification to Members. Any variations, addition or amendment to these Terms and Conditions will be posted via the Website not later than seven (7) days prior to the effective date of such amendments. The continuing use of T Privilege Card and engage with the membership by Members shall constitute acceptance of any variation, addition, or amendments to these Terms and Conditions and Member shall be bound by the same.
7.8) Members have the obligations to check the Website for updates of these Terms and Conditions from time to time.
7.9) T Privilege reserves the right, at any time to vary, modify, replace, substitute or terminate the Programme or the Rewards, benefits, features or privileges under the Programme or withdraw Points from use without prior notification to Members and without being liable in any way to the Members.
7.10) T Privilege may at its sole and absolute discretion to terminate the memberships without prior notification and forfeit all the Points balance recorded in the Account and redeemable Rewards and reject any refund in the events of including but not limited to :-
i) A member accrues, redeems, or uses T Privilege Card, membership (including any benefits and privileges) or the Points for any unlawful or fraudulent activity or in other manners which T Privilege determines to be improper;
ii) A member breaches any of these Terms and Conditions;
iii) A member is deceased or is declared a bankrupt; or

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

T Privilege or Merchant may refuse a request for awarding or redemption of Points on the occurrence of any transaction as set out in 7.11(i), (ii) or (vii) above.

7.12) Members are responsible for the security of their Membership Identification. T Privilege accepts no liability for the disclosure of the Membership Identification by the Member to a third party, whether intentionally or otherwise. T Privilege reserves the right to protect an Account from being access if T Privilege has reasonable grounds to believe that the security of the particular Account has been breached or at the risk of exposure.
7.13) While T Privilege uses reasonable efforts to include up-to-date information in the Website and in all its publications, T Privilege makes no warranties or representations as to their accuracy, reliability, completeness or otherwise. The contents, materials, products or other services available in T Privilege publications or accessible through the Website are on “as is” and “as available” basis. T Privilege disclaims all warranties (express or implied) including but not limited to, merchantability, fitness for purpose and non-infringement, in relation to the contents, materials, products or other services published in any of its publications or available on the Website.
7.14) T Privilege does not warrant that the Website will be error-free, free of viruses, bugs, online interruption or other harmful threats. Members are responsible to implement security measures in their computers or mobile devices before accessing the Website. T Privilege shall not be liable in any way for any direct, indirect, punitive, incidental, consequential or other damage howsoever arising out of any of the following;
a) the use of, or access to, the Website;
b) delay or inability to use or access the Website; and/or
c) any content, information, material, products or services published in, posted on, advertised in or obtained through T Privilege publications or the Website or otherwise.
7.15) Notice of any matter in relation to the Programme shall be deemed informed/delivered to Members via any one of the methods as follows:
a) by posting on the Website;
b) by sending an email to Members who have provided email address to T Privilege, the Merchants and/or Tropicana’s group of companies;
c) by publication in a newspaper;
d) by short messaging services (SMS); or
e) by Mobile App.

7.16) All notices, requests and/or other communications to be given by Members to T Privilege under these Terms and Conditions must be communicated in writing and sent by hand or registered post to the following address:

T Privilege Loyalty Programme,
Unit 1301, Level 13, Tropicana Gardens Office Tower
No. 2A, Persiaran Surian,
Tropicana Indah,
47810 Petaling Jaya,
Selangor Darul Ehsan,
Malaysia
Careline: +603 – 7663 6888
E-mail: customercare@tropicanacorp.com.my  

Notices sent by way of registered post shall be deemed delivered on the fourth (4th) day of posting and where notices are delivered personally by the sender, it shall be deemed to be served when delivered.

7.17) T Privilege may further establish rules, procedures and policies in relation to any matter regarding the Programme from time to time, all of which shall form part of these Terms and Conditions. These Terms and Conditions as set out herein shall prevail in the event of any conflict or inconsistency with any other documents, statements, rules, procedures, policies or communications issued by T Privilege, including Frequently Asked Questions (FAQs) and advertising or promotional materials. These Terms and Conditions together with the aforesaid further rules, procedures and policies shall constitute the entire agreement and understanding between T Privilege and the Members with respect to the Programme and shall not be subject to any other agreement, understanding, warranty or representation not expressly contained or referred to in these Terms and Conditions and the aforesaid further rules, procedures and policies.
7.18) If any of the provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
7.19) No delay or indulgence by T Privilege in enforcing any of these Terms and Conditions nor the granting of time by T Privilege to Members shall prejudice the rights or powers of T Privilege nor shall any waiver by T Privilege of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
7.20) These Terms and Conditions are governed by the laws of Malaysia and Members shall submit to the exclusive jurisdiction of the courts of Malaysia.