Section 1:

For our Incard Loyalty Platform, we have below words, phrases and expressions shall have the following meanings; "INCARD" is means of Incard Loyalty Platform which powered by Incard Marketing Sdn Bhd (941968-X), as a service to Incard's merchants and members.

INCARD: Incard Loyalty Platform

Merchants: Participating merchants to Incard Loyalty Platform.

Members: Participating members to Incard Loyalty Platform.

Points: Points will be awarded from respective merchants, and redeemable only from merchants that rewarding the points. (All points stand as individual merchant's point).

"Member" or "Members" means individual(s) who has been accepted by INCARD as participating member(s) of the Program in accordance to the Terms and Conditions set forth herein; "Membership" means membership to the Program in accordance to the Terms and Conditions herein.

And the official website for INCARD, will be registered under http://www.incard.my .

Section 2:

These Terms and Conditions (including the Policy on Privacy and Data Protection) govern the award and use of Points (from respective merchants) by Members, and set out the terms of the agreement between INCARD and each Member with regards to the Program.

A person is eligible to register or signup as an INCARD's users (members) by download the apps from Apple Store or Google Play Store, and fill up the registration information.

By applying to register with the Program or using the INCARD, a Member is deemed to have accepted these Terms and Conditions.

And as a members, are eligible to join in as a member for each respective merchant's membership programme which use INCARD as the Loyalty platform (which run on respective Merchant's Terms & Conditions)

INCARD may, in its sole discretion decide and without the need to assign any reason, refuse an application made by any person to be a Member.

Section 3:

INCARD reserves the right to amend these Terms and Conditions at any time and from time to time as it deems fit at its absolute discretion and without prior notification to Members. Earning or redeeming Points by Members will constitute acceptance of the amended Terms and Conditions. Failure to observe the Terms and Conditions stated herein by a Member may result in termination of Membership.

Section 4:

INCARD reserves the right to, at any time, vary or terminate the Program or any privileges under the Program or withdraw the INCARD from use without prior notification to Members and without being liable in anyway to Members. INCARD may, at its sole discretion, remove any or all Members from the Program at any time.

Section 5:

INCARD is operated by INCARD MARKETING SDN BHD on B3-03-03, Solaris Dutamas, No 1, Jalan Dutamas 1, 50480 Kuala Lumpur, Malaysia. INCARD are issued by, and shall at all times remain the property of, Incard Marketing Sdn Bhd.

Section 6:

Membership is open to individuals who are 18 years of age and above. Residents and non-residents of Malaysia may apply for membership.

Section 7:

INCARD is a platform that can be used by members, merchants as a portal to collect, redeem points, and as well as newsletter Centre (for merchants to deliver messages to members). And the ownership of members is non-transferable.

Section 8:

INCARD is joining without fees and charges. And to join the respective Merchant's Membership will be subjected to each respective merchants.

Section 9:

A Member may use INCARD only in participating Merchants' outlets, and the condition of collecting & redeeming points are subjected to Merchant's Terms & Conditions.

Section 10:

No annual fee will be charged for the INCARD's Membership (For merchant's membership fees, will be according to the dedicated merchants terms and conditions).

Section 11:

INCARD App's virtual cards must be presented to the cashier of the participating Merchants' outlets BEFORE each purchase to record the amount spent. Points accumulations will not accept or applicable after the transactions done.

Section 12:

There shall be no accumulation of Points for backdated receipts, special savings, offers, bulk purchases and sales, unless otherwise stated.

Section 13:

Points are not freely transferable from participating merchants.

Section 14:

Each points that rewarded, values are subjected to each respective participating merchants. And INCARD as a platform provider to merchants & members, and will not involving in issuing & redemption of points.

Section 15:

INCARD may, at its discretion, replace or substitute any advertised Reward with a similar Reward.

Section 16:

A Member may check his Points online at the Website, apps or via short messaging service (SMS). Charges will apply for checking of Points via SMS.

Section 17:

In the event of a failure or breakdown of any equipment or system used in connection with the Program, INCARD may refuse request for redemption or to award Points on any transaction. INCARD shall not be responsible or liable in any manner in the event Points are not awarded or redemption cannot be made or a Member is unable to check his Points, due to any failure in the equipment or system used in connection with the Program.

Section 18:

The use of the Website is at the Members' risk. Members are responsible for the security of their user login and password. INCARD accepts no liability for the disclosure of the user login or password by the Member to a third party, whether intentionally or not. INCARD reserves the right to block a Member from accessing his account online if INCARD has reasonable grounds to suspect that fraud or misconduct has been commited by the Member or a third party. While INCARD uses reasonable efforts to include up to date information in the Website and in all its publications, INCARD makes no warranties or representations as to their accuracy, reliability, completeness or otherwise. The contents, materials, products or other services available in INCARD's publications or accessible through the Website are on "as is" and "as available" basis. INCARD 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. INCARD does not warrant that the Website will be error-free, free of viruses, bugs or other harmful components or access to the Website will be uninterrupted. Members are responsible to implement security measures in their computers before accessing the Website. INCARD shall not be liable in any way for any direct, indirect, punitive, incidental, consequential or other damages howsoever arising out of (i) the use of, or access to, the Website; or (ii) delay or inability to use or access the Website; or (iii) for any content, information, material, products or services published in, posted on, advertised in or obtained through INCARD's publications or the Website.

Section 19:

The conditions of use stated on the reverse of the INCARD form part of the Terms and Conditions herein and in the event of any conflict, the Terms and Conditions contained herein shall prevail.

Section 20:

A Member may register up to 3 devices to 1 account that registered with INCARD. Members will require to deactivate the registered devices, in order to login with the forth registered devices.

Section 21:

Notification of any matter in relation to the Program shall be deemed given to Members if it is made via any one of the methods below:

by posting on the Website; or

by sending an email to Members who have provided email address to INCARD; or

by publication in a newspaper; or

sending by ordinary post to the last known address of Members appearing in INCARD's records.

Section 22:

If INCARD sells or transfers the Program to another party, INCARD may transfer all of INCARD's rights and obligations under these Terms and Conditions without any consent from any Member. INCARD may further disclose and transfer all and any information and data which INCARD holds or which resides in the system of INCARD in relation to the Members and all transactions made by Members, including purchase and redemption transactions ("Information") to the new transferee, or disclose any such Information to a prospective new buyer. The Member hereby unconditionally and irrevocably agrees to such transfer and disclosure of the Information to the new transferee or the prospective new buyer.

Section 23:

INCARD will only be liable to a Member (and not any other third party) who suffers loss in connection with the Program arising from Points being wrongly deducted or non-credit of Points entitled by a Member and in such a case, INCARD's sole liability will be limited to crediting to the relevant Member's account such Points which have been wrongly deducted or should have been credited but were not. INCARD shall not be responsible where: (i) there is no breach of a legal duty of care owed to such Member by INCARD or by any of INCARD's employees, staffs, authorized personnel or agents; or (ii) such loss or damage is not a reasonably foreseeable result of any such breach at the time INCARD enters into this agreement with such Member; or (iii) any increase in loss or damage resulting from breach by such Member of the Program.

Section 24:

INCARD is not responsible or liable to the Members for indirect, consequential or economic losses, loss of profits, loss of opportunity or punitive damages of any kind.

Section 25:

INCARD may further establish rules, procedures and policies in relation to any matter regarding the Program, all of which shall form part of the 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 INCARD, including FAQ, advertising or promotional materials.

Section 26:

These Terms and Conditions are governed by the laws of Malaysia and Members shall submit to the exclusive jurisdiction of the courts of Malaysia.