TERM AND CONDITION
USE OF THE UseSave Membership PROGRAM AND MOBILE APPLICATION (THE “UseSave Membership”, “APPLICATION”) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”),
AS SUCH MAY BE REVISED BY UseSave SDN BHD (“UseSave”) FROM TIME TO TIME AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”, “YOU”) AND UseSave GOVERNING THE USE OF THE UseSave Membership.
THE USE OF UseSave Membership IS GOVERNED BY THE TERMS OF THIS AGREEMENT. PLEASE ENSURE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS BEFORE USING YOUR UseSave Membership.
IF YOU DO NOT UNDERSTAND THESE TERMS, YOU MAY CALL 013-818 2190 TO DISCUSS YOUR CONCERNS WITH US BEFORE YOU FIRST USE YOUR UseSave Membership.
BY DOWNLOADING OR INSTALLING THE APPLICATION USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.
WE RECOMMEND YOU KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
PART ONE: UseSave Membership GENERAL TERMS
The UseSave Membership is issued to you by UseSave. It allows you to load a monetary value on to your UseSave Membership for future purchases at any merchandise under UseSave. The UseSave Membership can be used to make any purchases at any merchandise under UseSave except for purchase of Gift Certificates. The UseSave Membership is to be treated like cash. It cannot be replaced if lost, stolen or damaged unless you have registered it and reported the loss as described below. The monetary value that you load onto your UseSave Membership is a pre-payment only for the goods and services of UseSave. No credit card, credit line, overdraft protection or deposit account is associated with a UseSave Membership. No interest, dividends or any other earnings on funds loaded on to a UseSave Membership will accrue or be paid or credited to you. The value associated with the UseSave Membership is not insured or guaranteed by any person or entity.
Your UseSave Membership is only valid for use in merchandise under UseSave in Malaysia only.
We reserve the right not to accept any UseSave Membership or otherwise limit use of a UseSave Membership if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
UseSave Membership
1. “UseSave Membership”: YOU may set a password for the purpose of enquiry and calculation of points or for redeeming other related benefits.
2. Member service (“SERVICE”): The UseSave Membership service offered by UseSave includes:
a. Point accumulation: For every RM3 worth of purchase, UseSave Members earn 1 point.
b. Point redemption: Points can be redeemed for use in purchases at UseSave.
c. With the use of the SERVICE, points will be granted through various forms. No cash value is endowed upon the points. They cannot be converted into cash or any other forms of money, regardless of the ways through which the points are earned.
d. Points are not deemed as any form of property; hence they are not any property over which YOU may exercise the full right of possession. UseSave may, in its sole discretion, adjust the point value or amend relevant provisions relating to points redemption without YOUR prior consent.
e. YOU are entitled only to convert the points granted into designated service or products according to UseSave’s relevant provisions.
f. Fraud, misuse, or other misconduct involving the acquisition and (or) use of points may result in the immediate cancellation, restriction or termination of YOUR points or the use of YOUR points.
g. Point validity period: No expiry
h. Member events and discount benefits.
3. In the event when goods redeemed with points are returned as deemed defective, valid receipts have to be presented, and it is subject to relevant terms concerning returning goods; points deducted will not be refunded.
4. Enquiry: All YOUR operation on this system will be recorded by UseSave, regardless of the success or failure of the attempts in attaining the desired results. YOU may enquire about the points accumulated in YOUR UseSave Membership through this system. If YOU deem the record incorrect, YOU may request a detailed transaction record from UseSave.
5. Force Majeure disclaimer: The SERVICE may be rendered unavailable for causes beyond UseSave’s reasonable control. UseSave shall not be held liable for any loss or damage incurred as a result of unavailability of the SERVICE.
6. YOU agree that, for business operation and security reasons, UseSave reserves the right to suspend or limit certain service function of the UseSave Membership or offer new service features to it. Upon these changes, YOUR continued use of the SERVICE will be deemed as acceptance of this AGREEMENT and the revised AGREEMENT.
Loading Value on Your Membership
In Malaysia, you can load value onto a UseSave Membership by using cash, credit card, and/or debit card by visiting any merchandiser under UseSave in Malaysia. By doing so, any personal data which you provide to us in order to do so will be held pursuant to UseSave Privacy Policy on servers in Malaysia and by proceeding with the topping up facility, you will be agreeing to this arrangement. Loading a UseSave Membership with another UseSave Membership is not allowed. The minimum amount that can be loaded into a UseSave Membership for the first time is RM10. No limit is permitted on a UseSave Membership at any given time and the amount that can be reloaded into a UseSave Membership must be in denominations of RM20. UseSave may change these maximum and minimum amounts at any time by notifying you at the point of sale or on the web site and such change shall not constitute an amendment to this agreement. The UseSave Membership cannot be exchanged for cash or credit balance.
Fees and Expiry Date
UseSave will charge RM10 fees for every new registered member. Your UseSave Membership will never expire. You may enjoy your lifetime membership and grow together with us.
Redemption
The UseSave Membership cannot be exchanged for cash or credit balance unless required by and subject to the terms of this Agreement. All reward points and benefits are valid only within their stipulated periods.
Complaint Handling
We reserve the right to correct the balance of your UseSave Membership account if we believe that a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your UseSave Membership, please contact our Customer Care Team at 013-818 2190 and we will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We will have no liability for any billing error unless you provide us a notice within sixty (60) days of the date you become aware of the error. You should monitor your transactions and account balances closely.
Optional Registration; Liability for Unauthorised Transactions
Because your UseSave Membership is used like cash for purchases from UseSave, you are responsible for all transactions associated with your UseSave Membership, including unauthorized transactions. There are no replacements for lost, stolen or damaged UseSave Memberships. However, for those who registered UseSave Membership, the membership can be deactivated by contacting our Customer Care Team at 013-818 2190 or through the Application. Please notify us immediately if there is a change of information provided for registration. Personal information which you provide to us for purposes of registering your UseSave Membership will be held pursuant to UseSave Privacy Policy.
PART TWO: IMPORTANT LEGAL TERMS
User License
Subject to these Terms, UseSave grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or non-commercial use only on an Apple or an Android device (each a “Device”) owned or controlled by User as permitted by the Apple Terms or the Google Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for this Application unless separate terms accompany Global such updates, supplements or replacements, in which case the separate terms will apply.
Online Payment (Where Applicable)
Users who download the Application to a Device may also elect to participate in certain functionality of the Application which will allow the User to use a Device to load value to or make payment by a UseSave stored value card (“UseSave Membership”) or to transfer any or all of the outstanding balance from one UseSave Membership to another UseSave Membership in accordance with these Terms and the UseSave Policies including the UseSave Membership Terms and Conditions or which will allow the User to use a Device to make payment by credit card / debit card in accordance with these Terms and the UseSave Policies (“Online Payment”). UseSave reserves the right at any time to discontinue any or all of the functions of Online Payment.
User Information
Some functionality of the Application, including but not limited to Online Payment (where applicable), location-based services and functionality, may require the transmission of information provided by the User including but not limited to user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), the International Mobile Equipment Identity number accessed in the User’s Device, phone-book information, information related to a UseSave Membership or GPS location (“User Information”). If the User uses such Application functionality, the User consents to the transmission of User Information to UseSave, its agents and/or service providers and authorizes UseSave, its agents and/or service providers to record, process and store such User Information as necessary for the Application functionality and for purposes described in the UseSave Privacy Policy. The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application including but not limited to Online Payment (where applicable), for all transactions and other activities undertaken with any UseSave Membership registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify UseSave of any unauthorized transactions associated with the Application including but not limited to Online Payment (where applicable) or any other breach of security. UseSave shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.
Acceptable Use
Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content must comply with these Terms and the UseSave Privacy Policies. In no event may the Application be used in a manner that
(a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
(b) is unlawful, fraudulent or deceptive;
(c) uses technology or other means to access the Application or Content that is not authorized by UseSave;
(d) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Application, or Content;
(e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) attempts to gain unauthorized access to UseSave computer network or user accounts;
(g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
(h) violates these Terms;
(i) attempts to damage, disable, overburden, or impair UseSave servers or networks; or
(j) fails to comply with applicable third party terms (collectively “Acceptable Use”).
UseSave reserves the right, in its sole discretion, to terminate any User License, terminate any User’s usage of the Application including but not limited to Online Payment (where applicable), remove Content or assert legal action with respect to Content or use of the Application including but not limited to Online Payment (where applicable), that UseSave reasonably believes is or might be in violation of these terms of Acceptable Use or UseSave Policies including the UseSave Membership Terms and Conditions, but UseSave failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
No Warranties
UseSave IS PROVIDING THE APPLICATION TO THE USER ON AN "AS IS" BASIS AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, UseSave DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE APPLICATION IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF ONLINE PAYMENT, WHERE APPLICABLE) WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
Limitation of Liabilities
UseSave is responsible only for obligations expressly stated in this AGREEMENT.
UseSave will not be liable the User for:
I. Any loss of income, business, goodwill or profits arising out of this agreement.
II. Any unauthorized access to or alteration, theft or destruction of the UseSave Membership.
III.The consequences of any delay or mistake relating to the use of UseSave Membership caused by any circumstances beyond UseSave’ control.
IV. The UseSave Membership user data is offered by the user on voluntary basis. The UseSave does not guarantee the accuracy, timeliness, completeness of any information provided in connection with the SERVICE. YOU shall take full responsibility for YOUR own judgment.
V. Any loss or damage which was not caused by UseSave’s breach of this Agreement or breach of legal duty of care.
VI. Any loss or damage which was not a reasonably foreseeable result of either UseSave’s breach of this Agreement or breach of legal duty of care. Loss or damage is "reasonably foreseeable" if, at the time UseSave and the User entered into this Agreement, such loss was contemplated by the User and by UseSave; or
VII. Any loss or damage suffered by the User as a result of the User failing to take reasonable precautions against such loss or damage.
Privacy Protection
YOUR acceptance of this AGREEMENT or YOUR act of using the SERVICE constitutes YOUR consent to the use, application and disclosure of YOUR personal information by UseSave according to the following privacy policy provisions (“UseSave Privacy Policy”):
a. Password
YOU are required to set a password upon registration as identification of YOUR UseSave Membership.
Phone number shall be provided for password recovery. The password is the sole means by which YOU get access to YOUR account.
Once YOU divulge YOUR password to others, YOUR personal identification information may subject to theft, thus leading to legal consequences to YOUR disadvantage. Should YOU sense any potential or realistic threat, arising from whatever reason to the application of YOUR username and password, YOU shall contact UseSave immediately, and shall not hold UseSave liable for any loss or damage incurred prior to UseSave's action against the threat.
Marks,Application and Content “UseSave”, the UseSave logo, and other UseSave trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of UseSave (“UseSave Marks”).
Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The UseSave Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of UseSave or the applicable trademark holder.
The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by UseSave or the owner of the Content.
Assignment
We may transfer all or part of this Agreement without such transfer being considered a change to the Agreement, by giving notice to you. The company or other entity to whom we transfer this Agreement will have the same rights and obligations as we did before the transfer, and we will ensure that it agrees in writing to be bound by the terms and conditions of this Agreement so that your rights under this Agreement are not detrimentally affected.
Entire Agreement; Construction
All correspondence entered into under this Agreement will be in the English language. This Agreement is the complete and exclusive statement of the Agreement between you and UseSave and all other agreements in respect of the subject matter of this agreement. If any provision of this Agreement is illegal or unenforceable, that provision will be deleted from this Agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this Agreement.
Changes
UseSave reserves the right to change or modify the Terms or any other terms in the UseSave Privacy Policies related to use of the Application at any time and at its sole discretion by posting revisions on the Application. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Enquiries or Questions
If you have any questions regarding this UseSave Membership Account Terms of Use and Agreement, or your UseSave Membership, please email our Customer Care Team.