Terms of Use and Privacy Policy
MyLoylatyMate APP TERMS AND
CONDITIONS
IMPORTANT LEGAL NOTICE
This page sets out the terms and conditions ("/APP Terms") on which we, Merchant Mate Sdh Bhd (202001008655(1364975-A)) ("we", "us" or
"MyLoyaltyMate"), provide our services on MyLoyaltyMate application through which you access our services. Please read these Terms
carefully before using the App to communicate with your Loyalty Merchants.
We reserve the right to change these Terms from time to time by changing them on this page. We advise you to print a copy of these Terms for
future reference. These Terms are only in the English language.
Use of your personal information submitted via the is governed by our Privacy Policy.
For the avoidance of doubt, please note that references to "" in these Terms include any current or future version of our MyLoyaltyMate
application through which you access our or services, in each case whether accessed through any current or future platform or device (including
without limitation any mobile , mobile application, affiliate or related for accessing our or services that may be developed from time to time).
By accessing any part of the app, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the immediately,
and you will not be able to use the App .
I.
TERMS AND CONDITIONS OF USE AND SALE
1.
INTRODUCTION AND OUR ROLE
1.1.
Company details: Merchant Mate Sdn Bhd (202001008655(1364975-A)) is a company registered in Kuala Lumpur,
Malaysia at SO 25-07 Menara 1, KL Eco City, Kuala Lumpur 59200, Malaysia.
1.2.
Service: We provide a way for you to communicate listed merchants Loytalty program with their Loyalty customer.
The information about the points earned and redeemed and the availability of rewards. In addition we help them promote additional
services by diplaying the ad banners on their page. Merchants can also keep their customer engaged through small free gifts/points
using 3 simple games.
2.
ACCESS AND TERMS
2.1.
access: You can down load the app, however in order you use the app you have to be registered with one our merchants
for their loyalty program
When you use the or register an account, you will provide us with personal information such as your name, email address, telephone number. You
must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy
If you choose to register an account, we will provide you with a user name and you will select a password. You are responsible for keeping this user
name and password secure and are responsible for all use and activity carried out under this user name.
2.2.
Acceptance of terms: By accessing any part of the , you indicate that you accept these Terms. If you do not accept these
Terms, you should leave the App immediately.
2.3.
Revision of terms: We may revise these Terms at any time. You should check the regularly to review the current Terms,
because they are binding on you. You will be subject to the terms and conditions in force at the time that you place an Order through us.
2.4.
Responsibility: You are responsible for making all arrangements necessary for you to have access to the . You are also
responsible for ensuring that all persons who access the through your Internet connection are aware of these Terms and that they comply
with them.
3.
YOUR STATUS
3.1.
Capacity and age: By using the app , you warrant that:
3.1.1.
You are legally capable of entering into binding contracts; and
3.1.2.
You are at least 18 years old.
4.
HOW TO ACCESS YOUR LOAYALTY DETAILS WITH A PARTICULAR MERCHANT
4.1.
After you load the App, you will be directed to home page. The merchants who have listed you as their Loyalty customer will
be displayed on the home page.
4.2.
Once you click the merchant you enter the merchant page, merchant would display your Loyalty status, your balance Loyalty
points , the history of your earning and spending of the points
4.3.
You Rewards are listed on the merchant opening page.
4.4.
You are provided a Referral Button that allows you to refer the selected merchant to you friends to earn rewards as per the
merchant’s policy
4.5.
You can check transaction history of all your spending an earning by pressing the selected button
4.6.
All the notification by the merchants are listed in the respective page as well
5.
HOW TO PLAY LOYALITY GAMES
5.1.
Three different games are provided in the App, and you merchant may or may not publish the games based on his/her
discretion. The rewards associated with the games are also purely dependent on the merchant. The merchants have daily quota of
every game’s rewards and there is no guarantee that your will always get the opportunity to play the game. You are allowed to play the
game only once a day (provided the game is available for the day)
5.2.
Feeling Lucky: this game allows you to open a box and see if you got a prize. You are given 3 chances to try this game. The
lucky gift could be a coffee or a desert for restaurant of another item for a retail of service industry
5.3.
Win Daily Points: you are allowed to click a box out of the 5 to unfold the win of the points of the day. The five boxes may
have same of different points that all depends on the merchant, how many points to allocate in each box
5.4.
Win a Quiz: this is multiple choices (3 choices to one question). Each day merchant my post a question with 3 choices of
answers and you need to pick up the right answer to win the prize
5.5.
These are absolutely free prizes and there is no betting or collection of payments for these games.
6.
CUSTOMER CARE
6.1.
General: Customer care is extremely important to us. However given the simplicity of the app, we have provided customer
care email in the app, which is
MyloayltyMate@merchantmate.com Please register your complaint on this email and they will duly attended.
6.2.
For any complaint about your account (points earned or redeemed) you should contact your merchant directly
7.
LICENCE
7.1.
Terms of permitted use: You are permitted to use the app and print and download extracts from the for your own personal
non- commercial use on the following basis:
7.1.1.
You must not misuse the app (including by hacking or "scraping").
7.1.2.
Unless otherwise stated, the copyright and other intellectual property rights in the App and in material published on it (including without
limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around
the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the app other than in accordance with paragraph
7.1 is prohibited.
7.1.3.
You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use
any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4.
You must ensure that our status as the author of the material on the app is always acknowledged.
7.1.5.
You are not allowed to use any of the materials on the app or the itself for commercial purposes without obtaining a licence from us to
do so.
7.2.
Limitation on use: Except as stated in paragraph 7.1, the app may not be used, and no part of the may be reproduced or
stored in any other or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3.
Reservation of rights: Any rights not expressly granted in these app Terms are reserved.
8.
SERVICE ACCESS
8.1.
availability: While we try to ensure the app is normally available twenty four (24) hours a day, we do not undertake any
obligation to do so, and we will not be liable to you if the is unavailable at any time or for any period.
8.2.
Suspension of access: Access to the app may be suspended temporarily at any time and without notice.
8.3.
Information security: The transmission of information via the internet is not completely secure. Although we take the steps
required by law to protect your information, we cannot guarantee the security of your data transmitted to the app ; any transmission is at your
own risk.
8.4.
by law from all liability in relation to such disclosure.
9.
LINKS TO AND FROM OTHER S
9.1.
Third party s: Links to third party s on the app are provided solely for your convenience. If you use these links, you leave the
app . We have not reviewed and do not control any of these third party s (and are not responsible for these s or their content or availability).
We do not endorse or make any representation about these s, their content, or the results from using such s or content. If you decide to
access any of the third party s linked to the app, you do so entirely at your own risk.
10.
DISCLAIMERS
10.1.
information: We may make changes to the material on the app , or to the Service, Products and prices described on it, at
any time without notice.
11.2 Specials listed on the app are subject to change. Merchants may alter their specials at any time, including removing or changing the terms of
any loyalty discount program. Loyalty credits earned through a loyalty discount program from a Merchants are non-transferrable and are not
redeemable for cash.
11.
LIABILITY
11.1.
General: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our
liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the
Malaysian Consumer Law. Nothing in these Terms affects your statutory rights, including right relating to the consumer guarantees
applicable to the supply of services under these Term.
11.2.
Exclusion of liability: We will under no circumstances be liable to you, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the (including the use,
inability to use or the results of use of the Service or the ) for:
11.2.1.
any loss of profits, sales, business, or revenue;
11.2.2.
loss or corruption of data, information or software;
11.2.3.
loss of business opportunity;
11.2.4.
loss of anticipated savings;
11.2.5.
loss of goodwill; or
11.2.6.
or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
11.3.
Limitation of liability: Our total liability to you in respect of all other losses arising under or in connection with the Service
or the app , whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice
the value of your Order or $100, whichever is lower.
11.4.
Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in
connection with or as a result of your use of the app , including without limitation costs relating to the servicing, repair or adaptation of any
equipment, software or data that you may own, lease, license or otherwise use.
12.5 Indemnity: You agree to indemnify and hold MyLoyaltyMater and applicable affiliates, officers, directors, agents, and employees, harmless
from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and
unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and
policies it incorporates by reference, or your violation of any law or the rights of a third party.
12.
TERMINATION
12.1.
Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the app and
the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
12.1.1.
you have used the app in breach of paragraph 7.1 (License);
12.1.2.
you have breached any other material terms of these Terms.
12.2.
Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed
extracts from the app .
13.
WRITTEN COMMUNICATIONS
13.1.
Applicable laws require that some of the information or communications we send to you should be in writing. When using
the app, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by
posting notices on the . For contractual purposes, you agree to this electronic means of communication and you acknowledge that all
contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that
such communications be in writing. This condition does not affect your statutory rights.
14.
EVENTS OUTSIDE OUR CONTROL
14.1.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these
Terms that is caused by events outside our reasonable control ("Force Majeure Event").
14.2.
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control
and includes in particular (without limitation) the following:
14.2.1.
strikes, lock-outs or other industrial action;
14.2.2.
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3.
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4.
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5.
impossibility of the use of public or private telecommunications networks; and
14.2.6.
the acts, decrees, legislation, regulations or restrictions of any government.
14.3.
Our performance under these app Terms is deemed to be suspended for the period that any Force Majeure Event continues,
and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring any
Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure
Event.
15.
ADDITIONAL TERMS
15.1.
Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be
processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these App Terms by this
reference and is available here Privacy Policy
15.2.
Severability: If any of these app Terms are determined by any competent authority to be invalid, unlawful or unenforceable to
any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will
continue to be valid to the fullest extent permitted by law.
15.3.
Entire agreement: These app Terms and any document expressly referred to in them constitute the whole agreement
between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or
agreement between us relating to the subject matter of any contract.
15.4.
No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these app Terms will not be
interpreted as a waiver of your or our rights or remedies.
15.5.
Assignment: You may not transfer any of your rights or obligations under these App Terms without our prior written
consent. We may transfer any of our rights or obligations under these app Terms without your prior written consent to any of our affiliates or
any business that we enter into a joint venture with, purchase or are sold to.
15.6.
Headings: The headings in these ap Terms are included for convenience only and shall not affect their interpretation.
16.
GOVERNING LAW AND JURISDICTION
16.1.
These app Terms shall be governed by and construed in accordance with the law of Malaysia. Disputes or claims arising in
connection with these app Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of
Malaysia.
Privacy & Security
MyLoyaltyMate PRIVACY POLICY
We are committed to protecting the privacy of all visitors who access the or Service through mobile application or other platform or device.
Please read the following Privacy Policy which explains how we use and
protect your information.
We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and Personal Data Protection Act 2010 in Malaysia. This
policy sets out how we collect and treat your personal information.
By visiting and/or using the Service on the app, you agree and, where required, you consent to the collection, use, storage, disclosure and transfer
of your information as set out in this policy.
(a) We respect your right to privacy and is committed to safeguarding the privacy of our customers and app visitors.
1.
INFORMATION THAT WE COLLECT FROM YOU
1.1.
When you visit the app, you may be asked to provide information about yourself including your name, address, contact details (such as
telephone and mobile numbers and e-mail address). We may also collect information about your usage of the app and Service and information
about you from the materials (such as messages and reviews) you post to the and the e-mails or letters you send to us. Your telephone calls to us
may also be recorded for training and quality purposes.
1.2.
By accessing MyLoyaltyMate information and/or the or Service using mobile digital routes such as (but not limited to) mobile, tablet or other
devices/technology including mobile applications, then you should expect that our data collection and usage as set out in this Privacy Policy will
apply in that context too. We may collect technical information from your mobile device or your use of the or the Service through a mobile
device, for example, location data and certain characteristics of, and performance data about, your device, carrier/operating system including
device and connection type, IP address, mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes or
use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be
collected and used by us automatically if you use the app or Service through your mobile device(s) via any Olarme mobile application, through
your mobile's browser or otherwise.
2.
USE OF YOUR INFORMATION
2.1.
Your information will enable us to provide you with access to the relevant parts of the app and services features.
2.2.
We may use your information to contact you for your views on the Service and to notify you occasionally about important changes or
developments to the app or the Service.
2.3.
When you register with MyLoyaltyMate, you consent to use your personal information for direct marketing purposes to communicate with
you by phone, email or SMS and, if you use our mobile application, via push notification, to tell you about offers, updates and our products and
services that may be of interest to you.
You may choose to stop receiving direct marketing communications from a channel at any time by using the unsubscribe mechanism in the
marketing communication itself. To opt-out of communications via email click the "unsubscribe" link at the bottom of the email and to opt-out of
communications by SMS reply with "STOP". You may also decline marketing messaging sent by push notifications by refusing the relevant
permission to our app in your phone or tablet settings, however this will also prevent you from receiving order updates via push.
2.4.
MyLoyalty agrees not to share information with any third parties (including those in the food, drink, leisure, marketing and advertising sectors)
2.5.
Please note that by submitting Reviews regarding the app , Service and/or Restaurants, you consent to us to use such Reviews on the app
and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside (and any
other information that you may from time to time consent to us disclosing).
3.
DISCLOSURE OF YOUR INFORMATION
3.1.
The information you provide to us will be transferred to and stored on our servers which may be in or outside Southeast Asia, and may be
accessed by or given to our trusted staff working outside Southeast Asia, who have signed the agreement not to disclose any information to any
third party.
3.2.
If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be
disclosed or transferred to the target company, our new business partners or owners or their advisors.
3.3.
We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or
where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the app Terms and any other agreement; or to
protect our rights or the rights of Restaurants or other third parties. This includes exchanging information with other companies and other
organizations for the purposes of fraud protection and prevention.
3.4.
You reserve the right to advise us to delete your data from our server by contacting our Support Hot lines (call or chat or email) , which is
available on our and apps Olarme.com. Based on your request we should delete your personal details from server and confirm back to you by
email within 10 days.
4.
SECURITY AND DATA RETENTION
4.1.
We take steps to protect your information from unauthorized access, modification or disclosure and against misuse, interference, loss,
destruction and damage. Once your information is no longer required for any purpose for which it may be used or disclosed by us, and we are not
required by law to retain the information, we will destroy the information or ensure that it is de-identified.
4.2.
Where you have registered an account with Olarme and chosen a password which allows you to access certain parts of the , you are
responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your
password to a third party, we will not be liable for any unauthorized transactions entered into using your name and password.
4.3.
All user details captured by MyLoyaltyMate are stored securely at all times and will never be provided to any unauthorized third parties.
5.
THIRD PARTY ANALYTICS AND ADVERTISING
5.1.
We may collect personal information about you when you use the app . we may record certain information about your use of the app , such as
which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer. We may use such information
to improve our customer and merchant experiences. However no such information is shared with any third party.
6.
ACCESSING AND UPDATING
You have the right to see the information we hold about you and to ask us to make any changes to ensure that it is accurate and up to date. If you
wish to do this, please contact us using the contact details set out in paragraph 8 below.
7.
CHANGES TO OUR PRIVACY POLICY
Any changes to our Privacy Policy will be posted to the app and, where appropriate, through e-mail notification. We encourage you to check out
periodically to ensure that you are aware of our current Privacy Policy.
8.
CONTACT
All comments, queries and requests relating to our use of your information are welcomed. You can also lodge a complaint if you think we have
breached the Personal Data Protection Act 2010 in relation to your personal information. We will acknowledge your complaint and respond to you
regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide
you with information about the further steps you can take. All correspondence should be addressed to Merchant Mate Sdh Bhd SO25-07 Menara1,
KL Eco City Kuala Lumpur 59200, Malaysia . Alternatively, you can contact us by emailing Support@olarme.com or by calling +60 3-22011837 .
MyLoyaltyMate is owned and operated by Merchant Mate Sdh Bhd.