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TERMS OF SERVICE
The WorldCard ("the Card") named and issued by
the card issuer referred in the application form ("Card
Issuer" or "CI")
under the customer loyalty programme known as "WorldCard"
Programme ("the Programme") in Singapore
("Territory") is administered by WorldCard
(Singapore) Pte. Ltd ("Operator")
and shall be governed by the following Terms and Conditions and any
subsequent amendments that may be made by the CI and/or the Operator
from time to time ("T&C"):
SECTION 1 - MEMBERSHIP
1. The person to whom the Card is issued (the "Cardholder")
shall sign on the Card immediately upon receipt and keep the
Card in safe custody. The Card or its number is not transferable and
cannot be shared or used by other persons for whatever purposes.
2. The Card is the property of the CI and is not a charge card or
credit card or admission pass to any outlet(s) of any participating
merchants of the Programme ("Merchant's Outlets").
Unless otherwise stated in the application form, a Cardholder can
only hold one (1) type of WorldCard issued by the same CI.
3. Unless otherwise terminated herein, the Card shall be valid for
such period determined by the CI at the time of application.
4. By accepting the Card, the Cardholder shall be deemed to have
accepted and agreed to be bound by these T&C.
SECTION 2 - MEMBERSHIP POINTS ("POINTS") AWARD & REDEMPTION
5. Subject to the terms herein contained and basis determined by the
participating merchants of the Programme (if applicable, including
the CI) ("Merchants") and/or the Operator at the
material time, discounts in the form or WorldCard Points
(the "Points") and/or discounts, benefits, entitlements,
privileges, promotions
("Benefits") may be awarded to the Cardholder when the
Card is presented at the time of purchasing selected
products/services
("Merchant's Products") offered by the Merchants via
cash or credit card ("Approved Transactions") at the
Merchant's Outlets. The Cardholder is required to sign on the
transaction slips (for earning or utilization of Points) for
verification purposes and special Points and/or Benefits for certain
type of WorldCard are not applicable.
6. The basis upon which the Cardholder may be permitted to enjoy the
Points and/or the Benefits shall be determined by the Merchants
and/or the Operator at their absolute discretions and may be changed
from time to time without prior notice. Cardholders are not entitled
to request the Operator, CI and/or Merchants to disclose or explain
the calculation methods or other matters relating to the Points
and/or the Benefits for whatever purposes. Points will not be
awarded for taxes or any charges that are payable by the Merchants
to any regulatory or governmental bodies.
7. The Card will not be accepted if the Card (a) has expired; (b) is
invalid, lost or stolen; (c) is damaged; (d) does not carry the
Cardholder's signatures; (e) has been altered, defaced, re-printed
or re-embossed; or (f) such other irregularities on the face of the
Card or (g) is not acceptable under any other reasons, rules and
regulations which the Operator, CI or Merchants may imposed from
time to time.
8. Points accumulated under different type of WorldCard held
by the same Cardholder cannot be combined.
9. The Cardholder may be able to check their Points balance online
through the Operator's website or at the designated centers and:
a) Points awarded manually will only be credited after the Operator
has been informed of the Approved Transaction;
b) the Operator, CI or Merchants will not be liable if the Points
cannot be recorded for whatever reasons (including but not limited
to malfunction or interruption of the Points recording system, civil
commotion, fire, or other force majeure events beyond the control of
all parties concerned);
c) the Operator shall have sole discretion to deduct, cancel or
refuse/reject to award Points for any suspected transaction as it
deems fit or Points that have been wrongfully recorded whenever it
deems fit;
d) the Operator and CI shall not be liable for failure of the
Merchants to credit the Points for whatever reasons; and
e) any dispute on the Points balance shall be notified to the
Operator within 30 days from the date of the transaction.
10. Cardholders may obtain the printed details of the Purchases and
redemption transactions from the designated centre(s) identified by
the Operator up to a maximum of three (3) months from the date of
request at a fee determined at the material time.
11. Points and Benefits are not transferable, have no monetary value
and not exchangeable for cash. Points will automatically be
cancelled or forfeited if not redeemed by the Cardholder within its
validity period determined by the Operator from time to time or
prior to expiration date of the Card.
12. Points accumulated under the Card may be cancelled or forfeited
by the Operator, CI or Merchants without prior notice and no
objection or appeal shall be entertained and the Cardholder shall
have no further claims whatsoever in respect of Points forfeited or
cancelled for whatever reasons.
13. The Cardholder shall not have any right or interest in any money
paid by the Merchants to the Operator in relation to or in
connection with the Points being accorded to the Cardholder and is
not entitled to claim or take any action against the Operator for
any benefits, income or profits that may be gained by the Operator
from the management of such money.
14. Cardholder with sufficient Points may redeem rewards made
available by the Operator or the Merchants ("Rewards")
subject to the terms and conditions determined by the Operator, CI
or Merchants and as amended or varied at their sole discretion from
time to time with or without notice, including but not limited to:
a) the procedures involved in redemption;
b) restrict the quantity of a particular Reward that a Cardholder
may exchange for Points;
c) classify Cardholders into different categories;
d) offer different Rewards and Benefits for different categories of
Cardholders.
15. Points utilized for redemption of the Rewards will be deducted
from the Cardholder's account. No Points will be accorded for all
redemption transactions. If Rewards have been redeemed by using any
Points that have been fraudulently or wrongfully earned, the
Cardholder shall be liable to refund to the Operator the value of
the said Points or return the Rewards to the Operator, as directed
by the Operator.
16. Once the CI, the Merchants or the Operator accepts any
redemption requests, it cannot be revoked, amended, cancelled,
returned or exchanged for other items.
17. Unclaimed Rewards will be forfeited and the Points deducted for
such redemption will not be reinstated.
18. The Operator, CI and Merchants reserve their right to refuse any
request for redemption or recall any Rewards redeemed if the
Operator, CI and Merchants reasonably suspects the Points used by
the Cardholders were fraudulently or wrongfully recorded.
19. The Operator, CI and Merchants shall not be liable for any
Points deducted in furtherance to redemption that may be made by
other persons on behalf of the Cardholder before the Operator
receives from the relevant Cardholder any written notice of
lost/stolen Card.
20. All Rewards are subject to availability and the CI, the
Merchants and the Operator reserve their right to replace any item
of approximately the equivalent value without prior notice.
21. A Cardholder who earn the Points or enjoy the Benefits outside
the Territory, or redeem the Points with merchants recruited by the
other operator of the Programme outside the Territory ('the
Other Operator'), shall:
a) be deemed to have notice of, and agreed to, the terms and
conditions governing the Programme in the relevant territory and to
have entered into, and be bound by, a collateral contract with the
Other Operator of the Programme in that territory based on such
terms and conditions whereby, inter alia, any dispute arise in that
territory relating to the Programme or merchants recruited by the
Other Operator shall shall be exclusively resolved between the
Cardholder and the Other Operator in that territory in accordance
with the laws of that territory and the terms and conditions
governing the Programme in that territory;
b) accept the value of the Points in their accounts being calculated
or reflected by such Merchants in the currency of the country in
which the Merchants are in or such currency determined by the
relevant Merchants with the Other Operator, based on such exchange
rates as the Operator may determine with the Other Operator from
time to time ("the Exchange Rate");
c) accept the Points being accorded based on the currency of the
country in which the Merchants are in or such currency determined by
the relevant Merchants and such Points will be exchanged based on
the Exchange Rate, depending on the territory where the Cardholder
use their Card.
d) The parties acknowledges that the provisions of Clause 21 are for
the benefit of the Other Operator of the Programme in the relevant
territory and, notwithstanding any other provision in these T&C,
such the Other Operators may, in their own right, enforce the
provisions of Clause 21.
22. The CI and the Operator shall not be liable for the condition of
the Merchant's Products, Benefits or the Rewards and any disputes
arising therefrom shall be settled between the Cardholder and the
Merchants and/or supplier of the relevant Benefits, Merchant's
Products or Rewards (as the case may be).
SECTION 3 - RENEWAL
23. The Cardholders shall observe the expiration date of the Card.
Subject to fulfillment of all prevailing criteria set by the CI
(including but not limited to payment of any prevailing renewal
fees), the Card may be renewed for such period that may be
determined by the CI at the material time and be subject to these
T&C.
SECTION 4 - LOST/STOLEN/DAMAGED CARD
24. The Cardholders shall immediately inform the CI and/or the
Operator once their Card are discovered to be lost, stolen or
damaged and followed up with written confirmation to the Operator
and/or CI within 7 days from the notification date.
25. The lost, stolen or damaged Card will be replaced subject to
payment of the prevailing replacement fees. Application for
replacement Card may be rejected by the CI or the Operator without
assigning any reasons thereto.
26. Upon notification, the Operator will invalidate the lost, stolen
or damaged Card within reasonable time without further notice to the
relevant Cardholder. The CI and the Operator disclaim their
liabilities on any losses or damages (either directly or indirectly)
that may be suffered by the Cardholder arising from the invalidation
of the Card or any delay in canceling the Card.
SECTION 5 - PROMOTIONAL MATERIALS
27. Subject to Section 6, the Operator and CI reserves the right to
send to the Cardholder catalogues or other promotional literature,
sms, e-mail or any forms of marketing modes relating to the
Programme or such other projects, campaigns or promotions that may
be carried out by the Operator, CI or Merchants or their respective
holding companies, subsidiaries, associates or related companies
("Catalogues"). The Cardholder shall give written
notice to the Operator if the Cardholder opt not to receive any of
the Catalogues.
28. The Cardholders shall not hold the Operator and CI liable for
any losses or damages (either directly or indirectly) that may be
suffered by the Cardholders arising from delay or non-receipt of the
Catalogues or error in the Catalogues, if any.
29. Charges may be imposed on additional copy of the Catalogues
requested by the Cardholders.
SECTION 6 - DATABASE
30. In order to be eligible to become a Cardholder, the applicant
must provide his/her personal particulars and database (consisting
of names, identity card/passport numbers, date of birth, addresses,
contact numbers and such other information required by the CI and
the Operator from time to time). Such data together with information
of the points awarding and redemption transactions ("the
Database")
will be solely owned by the CI or jointly owned by the CI and
the Operator or jointly owned by the Operator and the relevant
recruiting Merchant (as being informed at the time of application or
set out in the application form)(collectively referred to as the
"Database Holder(s)" for the purpose of this Section)
and the Cardholder hereby irrevocably and unconditionally agrees
that the Database shall be held in a database system managed by the
Operator.
31. By accepting the Card, the Cardholder gives and shall be deemed
to have given their consent to allow the Database Holder(s) or their
respective holding companies, subsidiaries, associates or related
corporations to use, process, disclose, transfer or to deal with the
Cardholder's Database in whatever manner and for whatever purposes
as the CI and the Operator shall deem fit without further notice
(either with or without third party) or for the purposes of
disclosure under the law or any court order or other governmental or
regulatory bodies.
32. The Cardholder shall immediately notify the Database Holder(s)
in writing of any change of his/her Database whereupon the Database
Holder(s) shall take all practicable steps to update the Database
within a reasonable time Provided That the Database Holder(s)
shall not be liable for any losses or damages that may be suffered
by the Cardholder arising whether directly or indirectly from the
Database Holder(s) delay or failure in up-dating the Database for
any reasons whatsoever.
SECTION 7 - TERMINATION
33. The Cardholder may terminate the use of the Card at any time by
notifying the Operator or CI in writing accompanied by the return of
the Card.
34. The Operator and/or CI have the absolute discretion to
immediately bar, terminate, change, suspend or cancel the Card or
impose conditions on the usage of the Card at any time with or
without prior notice or cause whereupon, the Cardholder shall
immediately return the Card to the CI upon request and whenever the
Operator shall deem fit at its sole discretion, Points accumulated
under the Card will be forfeited without prior notice.
35. Without prejudice to the foregoing generality, the Card will be
immediately terminated without prior notice if no Approved
Transaction is recorded within 24 months from the issuance date or
the date of last Approved Transaction.
36. Without prejudice to Clause 37, if the Agreement between the CI
and the Operator expires or is terminated:
a) the Card will be cancelled at such time CI and the Operator may
decide at their absolute discretion;
b) subject to conditions as the Operator may set at the material
time, the Operator may issue or offer to issue to the qualified
Cardholders another type of WorldCard ("New WC") for
the Cardholders to transfer all the Points and/or Benefits
accumulated under the Card to the New WC whereby Cardholder shall be
deemed to have agreed to accept the New WC if the New WC was not
returned to the Operator; and
c) for Cardholder who are not qualified to hold the New WC and who
do not agree to hold the New WC, the Operator and CI shall have the
absolute rights to cancel or forfeit the Points and Benefits
available under his/her account without any notice and the Operator
and CI shall not be liable for any value of the Points and/or
Benefits so forfeited.
37. If the Programme is suspended or terminated for whatever
reasons, neither the CI nor the Operator shall be liable to the
Cardholders for whatever losses or damages that may be suffered by
the Cardholders in furtherance to the suspension or termination.
SECTION 8 ?SUPPLEMENTARY CARD (if applicable)
38. Whenever authorized by the CI, the Cardholder may apply for a
maximum of one (1) Supplementary Card ("SC") for the
lawful spouse. The SC Cardholder shall be subject to these T&C
whereby any reference to the "Cardholder" herein shall cover the SC
Cardholder and any reference to the "Card" shall cover the SC.
39. The Cardholder shall be liable for and responsible for any
breach or defaults on the part of the relevant SC Cardholder.
40. The Cardholder may cancel the SC by serving written notice to
the CI or the Operator whereupon the SC and the Points and Benefits
accumulated under the SC account will be cancelled without further
notice.
SECTION 9 ?OTHERS
41. To the full extent permitted by law, the CI and the Operator
hereby disclaim any and all such warranties, representations or
statements or given by the Merchants of the Programme, condition of
the Merchant's Products, the Benefits or Rewards. The Cardholder
shall waive all claims against the CI and the Operator arising from
such disputes.
42. The CI and the Operator have the right at any time and at its
sole discretion, with or without notice, to limit, add, amend or
delete in whole or in part these T&C, the rules, conditions,
policies of the Programme, Benefits, Redemption of the Rewards,
Points awards even though such changes may affect the value of the
Points or Benefits already accumulated or the Cardholder's rights
and interests. The amendment and supplement T&C, rules, conditions
and policies shall be binding on the Cardholder as long as his/her
Card is valid under these T&C. In amplification and not in
derogation of the foregoing, the Operator may so decide (but is not
obliged to) to publish any notice of amendments/updates of the T&C
in the Operator抯 website at
www.worldcard.com.my and/or at any customer service centers/outlets
of the Operator and/or the outlets of CI and/or the outlets of the
Merchants, any such amendments/updates of the T&C shall be binding
on the Cardholder and be incorporated to form part of the T&C and
shall be sufficient notification irrespective of whether the
Cardholder sights such notice. By becoming a Cardholder, the
Cardholder agrees in advance that all amendments/updates of the T&C
shall be binding on the Cardholder irrespective of whether the
Cardholder has knowledge of the same, it shall be responsibility of
the Cardholder to check on the Operator抯 website for any
amendments/updates of the T&C.
43. In no event shall the CI and the Operator be liable to any
Cardholder or any third party for any loss or injury or any special,
direct, indirect, incidental, exemplary or consequential losses or
damages whatsoever or howsoever caused under any cause of action
arising directly or indirectly in connection with the Programme or
the use of the Card
44. If the CI and/or the Operator are found liable by a court of
competent jurisdiction, the liabilities of the CI and the Operator
to the Cardholder for any cause whatsoever and regardless of the
form of action, to the extent permitted by law, shall be limited to
restoring or according any Points and/or Benefits that have been
mistakenly omitted.
45. All fees paid under these T&C are not refundable unless
otherwise provided.
46. Any notice to be given to the Cardholder shall be deemed to have
been properly given if sent by prepaid post to the address recorded
in the Database.
47. The Cardholder shall indemnify and hold the CI and the Operator
harmless against any liability for loss, penalty, damage, costs and
expenses (including but not limited to legal costs) which the CI and
the Operator may incur by reason of or arising directly or
indirectly from any breach on the part of the Cardholder in
complying or observing these T&C or in otherwise using of the Card
or recovery of any outstanding amounts due from the Cardholder.
48. The CI and/or the Operator shall be entitled jointly or
severally at the time without the consent of or notice to the
Cardholders to assign or transfer whole or part of its rights and
obligations in relation to the Card and/or the Programme to any
other person.
49. The Operator is not responsible for (a) withdrawals of the
Merchants and/or the CI from the Programme, (b) for Points and/or
Benefits cancellation caused by withdrawals, or (c) for changes or
discontinuance of the Merchants and/or the CI which may affect the
Points and/or Benefits offered. Participating Merchants are subject
to change at anytime without notice.
50. Time shall be of the essence of these T&C but no failure to
exercise or delay in or partial exercising of any of the CI's or the
Operator's rights, power or remedies shall operate as waiver.
51. These T&C shall be governed and construed in accordance with the
law of the Territory and the parties hereto agree to submit to the
non exclusive jurisdiction of the courts of the Territory.
52. Any application is subject to fulfillment of any other
conditions set by the Operator and/or CI. The Operator or CI's
decision to reject any application shall be final. No objection or
appeal shall be entertained.
53. All the terms and conditions governing the Points will equally
apply to any other type of points that may be awarded by the CI or
Merchants, if any.
54. English version of the T&C shall prevail over other version.
55. No person other the CI or the Cardholders shall have any rights
under the Contracts (Rights of Third Parties) Act (Cap. 53B) to
enforce or enjoy the benefit of any of these T&C.
56. Members with sufficient WorldCard Points will receive in
the mail the latest copy of the WorldCard Member's Privilege
Guide (3 to 4 issues a year). 50 WP will be deducted from the
member's account for postage and handling. Members who choose to not
receive the guide in the mail should notify WorldCard
Membership Services via email at
hotline@worldcard.com.sg
to opt out. |
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