1. INTRODUCTION
yes I do! is a digital loyalty & reward programme provided by The Food Merchant (“hereinafter referred to as “the Programme”) proprietary to Global Food Merchant Holdings Sdn. Bhd. (hereinafter referred to as “the Company”).


2. MEMBERSHIP
1. Application & Issuance of Virtual Card
   1. The application to be a member of the Program is open to any legally qualified person above the age of eighteen (18) but is subject to the approval of the Company. Upon the approval of the application by the Company, the participant (hereinafter referred to as “Member” or “Members, to be used where applicable) shall be subject to the terms and conditions contained herein.
   2. Any individual may participate in the Programme by downloading the “yes I do!”  Application (hereinafter referred to as “the App”) and filling in the details therein. The completed registration form shall be submitted for approval by the Company. Upon approval by the Company, Member shall be issued with a virtual card known as yes I do! (hereinafter referred to as “the Card”) in the name of the Member without charge.
   3. Each person is entitled to one membership only and each Member is issued with only one Card.
   4. A Member may only maintain his/her Membership if he/she has undertaken at least one (1) transaction with the Card within 12 months from commencement of his/her Membership.
   
   
2. Accuracy of Information & Updates
   1. Members shall warrant and represent to the Company that the details and particulars registered in the App are true, accurate and complete to the best of their information, knowledge and belief. Any subsequent discovery that some or part of the information provided are inaccurate or false may render the Company the right to cancel the membership.
   2. Members shall inform the Company forthwith in the event it is discovered that the information contained in the Card is inaccurate or requires updates or amendments.
   
   
3. Membership Tiering
   1. Membership for the Program is divided into three (3) tiers, namely Ruby, Emerald and Diamond (hereinafter collectively referred to as “Membership Types” or individually as “Membership Type”).
   2. The Membership Type for each Member is determined by his/her 12 months spending in the participating malls. The qualifications for the respective Membership Types are as follows:

      Type of Membership	Ruby (Tier 1)	Emerald (Tier 2)	Diamond (Tier 3)
      Annual Qualifying Spending Amount	Less than RM3,000.00	RM3,000 or more but less than RM8,000	RM8,000.00 or more

   3. Each new Members shall initially be granted the Ruby Membership and shall elevated accordingly on his/her spending records. Once the spending of the Member exceeds the threshold for the next higher tier of Membership Type, he/she shall be elevated to the next tier of Membership.
   4. For Members who are Emerald Membership or Diamond Membership (hereinafter referred to as “Emerald Members” or “Diamond Members” collectively or “Emerald Member” or “Diamond Member” individually), they are required to maintain their Annual Qualifying Spending Amount. Failure to maintain their Annual Qualifying Spending Amount shall render them be delegated to a lower tier Membership.


3. THE CARD & REWARDS
1. Use of the Card & Ownership
   1. The Card is not a debit or credit card and may only be used solely by the Members in connection with the Programme and via the App.
   2. The Card shall always remain the property of the Company and it may at its sole discretion, terminate the membership or Programme or the use of the Card by any Member at any time without notice or reason.
   3. The use of the Card by the Members shall constitute acceptance of these terms and conditions contained herein, in the App and in the Card.
   
   
2. Rewards Points
   1. Members shall be rewarded with points (hereinafter referred to as “yes I do! Points”) upon the purchase of selected items of merchandise designed by the Company (hereinafter referred to as “the Selected Items”).
   2. Every purchase of Ringgit Malaysia Two (RM2.00) (exclusive of taxes) of the Selected Items in a single transaction shall earn each Member ONE (1) yes I do! Points.
   3. The number of yes I do! Points rewarded to the each Member  varies the type of Selected Items as well as the outlets where the purchase was made.
   4. For the yes I do! Points to be registered in the Card, Members shall have to present the Card to the cashier at the checkout counters of the outlets at the time of the payment made for the purchase. yes I do! Points will not be credited into the card of the Members if this procedure is not adhered to.
   5. In a situation whereby, the Selected Items were purchased but yes I do! Points were omitted to be recorded in Card either by mechanical failure of the negligence of the cashier, the Members shall be required to provide proof of purchase such as receipts or any other proof of payments. The Company reserves the right to accept or reject such proof at its discretion. Any claims for errors in the recording of the yes I do! Points shall be made within the same day of purchase.
   6. A transaction receipt will be issued by the cashier at the checkout counter upon the presentation of the Card together with the payment of the Selected Items. In any dispute, such receipts issued shall be conclusive record of the purchase of the Selected Items.
   7. The yes I do! Points earned and credited into the Card cannot be transferred or assigned to another Card or any other Card issued by or on behalf of the Company. It shall also be prohibited from combining or aggregating with the yes I do! Points of another Card. Other than the benefits provided in this Agreement, yes I do! Points shall have no cash or monetary value.
   8. The following items are to be excluded in the accumulation of yes I do! Points:
      1. any gift vouchers, mobile reload, IDD reload, online game reload, e-wallet reload, Touch ’n Go reload;
      2. delivery charges, repair & service charges
      3. stamp duty & easy payment;
      4. any form of taxes; and
      5. any receipt containing refund items.
   9. The type of goods and services constituting the Selected Items may be replaced by the Company as well as the number of yes I do! Points to be awarded therein without prior notice or assigning any reasons whatsoever.
   10. All yes I do! Points accumulated in the Card shall only be valid for redemption within a period of twelve (12) months from date they are awarded (hereinafter referred to as the “Validity Period”). Unutilized yes I do! Points within the validity period, Points shall automatically be forfeited.
   
   
3. Redemption of yes I do! Points
   1. Upon accumulation of yes I do! Points in the Card by Members, they may redeem for items designate by the Company from time to time (hereinafter referred to as “the Redeemable Items”). The Redeemable Items will be made available to the Members Rewards Catalogue available at yes I do! App
   2. All Redeemable Items are subject to its availability. In situations where they are out of stock or unavailable for whatsoever reason, the Company shall have the right to substitute any Redeemable Items with other items of similar value.
   3. Upon successful redemption of any Redeemable Items, the corresponding yes I do! Points, as stated in the prevailing Reward Catalogue, shall be deducted from the respective Member’s card accordingly.
   4. The Reward Guider shall provide the latest information on the location for the collection of the Redeemable Items by the Members. All Redeemable Items shall be made available on a “as is where is” from the manufacturer and shall exclude any installation cost, batteries, and other accessories.
   5. The Reward Guide shall contain the latest list of Redeemable Items. However, the Redeemable Items stated therein is for the purpose of providing basic information only and shall not be construed as constituting any representation or warranty as to their availability. It does not provide any warranty with respect to the quality of the Redeemable Items or their suitability for any purpose. Where the Redeemable Items are covered under any suppliers’ or manufacturers’ warranty, any disputes or claims shall be forwarded directly to the supplier or manufacturers concerned.
   6. Company does not accept any liability whatsoever with respect to Redeemable Items or in connection with any refusal by the supplier of Redeemed Items to accept certificates/vouchers issued for the purpose of redeeming such Rewards. Any dispute arising from or in connection with such certificates/vouchers shall be solely between the Member and such suppliers.
   7. For Redeemable Items that have been redeemed and are to be collected from participating Supermarket or supplier of Rewards, Member shall have to show some form of identity prior to such collection and shall comply with any terms and conditions imposed by such participating Supermarket or supplier of Rewards. Rewards, once redeemed, shall not be entitled to be revoked, exchanged, returned, or refunded. In all circumstances, any deduction of yes I do! Points from the respective Member’s account shall not be reversed.
   8. Member shall be responsible to examine the Redeemable Items for any defects or damage immediately upon receipt as well as to verify the contents therein. Where the Redeemable Items or its packaging is found to be damaged, defective or that the contents therein is incomplete/damage, Member shall have the right to reject Redeemable Items and return immediately to the person in charge at the Supermarket or outlets of the supplier.
   9. Notwithstanding any provision to the contrary, the Company reserves the right not to provide any replacement for any Redeemable Items if in the opinion of the Company, the damage to Redeemable Item was attributable to the negligence or deliberate acts of the Member.
   10. The Company or its representative shall not be held liable for any death or injury or consequential loss or damage of any nature arising from the use, loss theft or destruction of the Redeemable Items. All such claims shall be directed or forwarded to the manufacturers or suppliers of such Redeemable Items.
   11. Notwithstanding any other provisions and without prejudice to any other rights and remedies stated herein, the Company reserves the right to deduct accumulated yes I do! Points from the Card or refuse the redemption of any Redeemable Items or to recall such Redeemable Items or reject any redemption of vouchers under the following circumstances:
       1. they are suspected of being obtained or recorded fraudulently;
       2. they have been erroneously awarded due to system glitches or any technical other reasons beyond the control of the Company;
       3. they are derived from any transaction, which has been cancelled, voided, refunded or reversed; or
       4. they are derived from the purchase of inventory and stocks by the Member who was appointed to operate, manage or work at participating Supermarket.
   12. The Company has the right, without prior notice and assigning any reasons whatsoever, to determine and change from time to time:
       1. the rewards offered in the Programme as listed in the Rewards Guide or in any related documents; and
       2. the qualifying yes I do! Points are required for the redemption of specific Redeemable Items.


4. GENERAL VARIATION
1. Your access to, and use of the materials contained herein, is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or any other related documents on the Programme.
2. The Company may from time to time, without giving prior notice to the Member vary, add or amend the terms and conditions herein set out. By continuously using the Card, the Member shall be deemed to have accepted the variation, addition and/or amendments of the terms and conditions herein.


5. PARTICIPATION OF COMPANIES IN THE PROGRAMME
1. The Company reserves the right to invite any third parties to participate in the Programme. In such event the Company shall be entitled to amend the terms of the Programme to accommodate the Company’s agreement with such third parties, including but not limiting, the terms and conditions relating to the award of yes I do! Points in relation thereto.
2. The Company shall adhere strictly to the rights of the Member as provided in the Personal Data Privacy Notice (“the Notice”) in accordance with Personal Data Protection Act, 2010 (“PDPA”).
3. The PDPA governs the processing of Member’s personal data (“Personal Data”) by the Company. This Notice is issued to Member to inform that this is the basis upon which the processing of the Personal Data shall be managed by the Company.
4. In respect of the Programme and Card, the Member may have, provided Personal Data that includes, but is not limited to full name, national identity card number (NRIC), personal mailing address, personal telephone number, and personal email address to third parties that participate in the Programme.
5. In the event that the Member does not provide the Personal Data to the Company or place any limitations on the processing thereof, the Company may be unable to provide full services to the Member. If this happens, the services available to the Member under the Programme may be restricted and the Company shall not be responsible for not informing the Member of updates, rewards and/or yes I do! Points of the Member.
6. By participating in the Programme, Member hereby agrees that the Personal Data may be used by Company for the following purposes:
   1. to associate the Card to the respective Member and to update relevant information;
   2. to process the application by the Member for related services;
   3. to manage, operate and to maintain the accounts of the Member, including audit and exercising the rights of the Company under the terms and conditions;
   4. to design new or improve existing services provided by Company and our affiliates;
   5. to communicate vis-à-vis the Company and the Member;
   6. to investigate complaints on suspicious transactions;
   7. to prevent or detect crime or fraudulent transactions; and
   8. to disclose to the relevant authorities as required by law, rules, regulations, codes, or guidelines; and
   9. to gather data for research purposes and for the improvement of the Programme.
7. While the Member’s Personal Data shall be kept confidential by Company, by participating in the Programme, Member agrees that for the purposes set out as stated above, Company may transfer or disclose such Personal Data to the following parties within or outside of Malaysia:
   1. any participating companies which owe a duty of confidentiality to Company and which Member has selected to register, redeem, use, utilize or purchase their services or products via the Card or the Programme;
   2. the Company’s agents or contractors under a duty of confidentiality to Company which are providing administrative, telecommunications, data processing or other services to Company in relation with the operation of the Card, Programme or business of the Company (such as but not limited to professional advisers, customer call centre service providers, gift redemption centers or data entry companies);
   3. any of our affiliates which owe a duty of care to Company; and
   4. any law enforcement agency and/or regulatory body for compliance with applicable laws, rules, regulations, codes and/or guidelines and/or any person or entity to whom the Company and/or its affiliates are under a binding obligation to make disclosure under the requirements of any law, rule, regulations, code and/or guideline and/or order of any competent court of law, law enforcement agencies and/or regulatory bodies.
8. Nothing in the terms and conditions stated herein shall limit your rights under the PDPA.


6. EXCLUSIVE OF LIABILITY
1. The Company shall not be liable for any loss of accumulated yes I do! Points or loss or damage suffered resulting from any defect or error in any machines or inability to retrieve any information or data from the computer system beyond the control of the Company.
2. Without prejudice to any other terms and conditions set out herein, the liability the Company owe to the Member arising out of the use of the Card or the redemption of yes I do! Points rewards which cannot be excluded by law, shall be limited to the reinstatement of such yes I do! Points or cost of such rewards as the Company shall at its discretion determine.
3. The Company shall not be liable for any loss or damage caused to the Member arising from any act or omission of the Company’s appointed agents and contractors or suppliers including without limitation, any refusal to honour or accept the Card or any statement or other communication made in connection herewith or any defective or deficient goods or services supplied. Any dispute or claim the Member may have with or against the Company’s appointed agents and contractors or suppliers shall not affect the obligations of the Member provided in the terms and conditions herein.
4. All conditions and warranties, whether expressed or implied and whether arising under any legislation or otherwise, as to the condition, suitability, quality, fitness or safety of any goods and/or services supplied in relation to the Card are expressly excluded to the extent permitted by law.
5. The Company shall not be liable howsoever for any errors, delays, loss or damage, which may be directly or indirectly due to breakdown, failure of equipment, machinery or the processor; or industry dispute, war, act of God, closedown due to pandemic, system failure and anything outside the control of the Company.
6. The Company shall not be liable for any loss or damage suffered by Member due to the following reasons:
   1. any failure by the supplier of the Redeemable Items to abide by the terms and conditions on which it has agreed to provide therein;
   2. any statement, communication or implication in any form arising from any revocation, suspension, or restriction on the use of the Card; and
   3. any failure or omission to notify the Member of any changes in the terms and conditions herein, Rewards Guide, participating companies, Qualifying Purchases and yes I do! Points awarded for Qualifying Purchases.


7. DISPUTE
Any claim or disputes relating to the Programme, or the use of the Card shall be referred directly to the Company. The decision of the Company shall be final and binding on Members.


8. TERMINATION
The Company reserves the right to withdraw or terminate the Programme at any time without assigning any reasons. Upon notification of the withdrawal or termination, Members shall have THIRTY (30) days from the date of the notification or such period as the Company shall state in such notice, to redeem accumulated yes I do! Points for available Rewards. Upon expiry of the aforesaid notice, any yes I do! Points remaining in the Members’ Card shall be deemed null and invalidated. The Company shall have no obligations or liabilities in respect of such yes I do! Points, by way of compensation or otherwise, to Members and Members shall have no further claims whatsoever against the Company.


9. MISCELLANEOUS
1. A notice shall deem to have been given by the Company to a Member if it is posted to the latest address of the Member appearing in the records of the Member or the application form submitted by the Member or by way of a notice displayed at participating Supermarket or suppliers of Rewards.
2. Notwithstanding anything herein, the Company’s rights and entitlement shall continue to remain in full force and effect and shall survive any cancellation, revocation or suspension of the Programme, the use of the Card or matters relating to Member’s participation in the Programme.
3. The invalidity or unenforceability of any of the provisions herein or any part thereof shall not substantially nullify the underlying terms and conditions herein. The invalid or unenforceable provisions of the aforesaid terms and conditions herein shall not affect the other terms and provisions contained which shall remain in full force and effect.
4. The terms and conditions herein stated shall be in addition to and not in derogation of any specific agreement or arrangement with regards to the Programme now or hereafter, and from time to time, subsisting between the Company and a Member or any terms and conditions that may be specified in any written communication sent by the Company to the Member from time to time.
5. Any abuse or fraud with respect to yes I do! Points under the Programme or redemption of Rewards shall result in the cancellation of Member’s participation in the Programme, cancellation of the Card and revocation of yes I do! Points or return of redeemed Rewards (or its reasonable compensation thereto).
6. The Company reserves the right to cancel any Cards that have not been used for any continuous period of TWELVE (12) months and forfeit any yes I do! Points accumulated thereunder.
7. Subject to the rights of the Members provided in the PDPA Act and subject to the terms of and conditions provided herein, the Company shall have the right to assign, at any time, to any affiliate or third party, the ownership of the Cards and/or the Members’ account in respect of the Programme and/or any of its rights, obligations, or liabilities hereunder, without the consent of Members.
8. In case of any discrepancy between the English and Malay versions, the English version shall prevail.
9. The laws of Malaysia shall govern the terms and conditions herein between the Company and Member. The parties hereby submit irrevocably to the jurisdiction of the Courts of Malaysia.

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