Member Terms and Conditions | Watsons Malaysia

TERMS AND CONDITIONS (FOR MEMBER)

SERVICE AGREEMENT

“Watsons Card service” (hereafter called the SERVICE) refers to the member-exclusive service provided by Watson's Personal Care Stores Sdn. Bhd. and its affiliated companies (hereafter called the COMPANY) for Watsons Card holders. This AGREEMENT is made and agreed to between YOU and the COMPANY.

A. Declaration

1. YOU confirm that YOU have full knowledge, understanding, and acceptance of all the terms and conditions of this AGREEMENT upon purchase of the Watsons Card and upon registration. YOUR successful registration for and use of the SERVICE constitutes YOUR consent to be bound by this AGREEMENT.

2. YOU agree that the COMPANY reserves the right to amend this AGREEMENT at any time, in the COMPANY’s sole discretion, by posting any such amendment(s) to the COMPANY's website without prior and separate notice. YOUR continued use of the SERVICE after amendment to the AGREEMENT is posted will be deemed as full knowledge and acceptance of the revised AGREEMENT. If YOU do not agree to any such amendment(s), YOUR sole recourse shall be to cease using the SERVICE.

B. Watsons Card

1. “Watsons Card”: Each card carries a unique number and YOU may set a password for the purpose of enquiry and calculation of points or for redeeming other related benefits.

2. Member service: The Watsons Card service offered by the COMPANY includes:

a. Point accumulation: For every RM1 worth of purchase, Watsons Members earn 1 point.

b. Point redemption: Points can be redeemed for use in purchases at Watsons. The conversion rate is: 200 points=RM1. Min Redemption is a block of 200 points.

c. Point validity period: Beginning January 2017, points earned will expire at the end of every second year on 31 st December. (For example, points earned in March 2017 are valid till 31 st December 2018; points earned in February 2018 are valid till 31 st December 2019).

d. 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 the COMPANY, regardless of the success or failure of the attempts in attaining the desired results. YOU may enquire about the points accumulated in YOUR Watsons Card through this system. If YOU deem the record incorrect, YOU may request a detailed transaction record from the COMPANY and processing fee will be charged.

5. Force Majeure disclaimer: The SERVICE may be rendered unavailable for causes beyond the COMPANY’s reasonable control. The COMPANY 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, the COMPANY reserves the right to suspend or limit certain service function of the Watsons Card, 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.

C. Watsons Member Account

1. Registration

YOU agree that:

a. YOU shall provide information as required to register for the SERVICE and ensure the information submitted is accurate, current and complete. If, on reasonable grounds, the information is suspected to be inaccurate, not current or incomplete, the COMPANY reserves the right to suspend or terminate, in part or in full, the SERVICE for YOU. Any direct or indirect expense incurred for reasons aforementioned shall be borne by YOU instead of the COMPANY.

b. In the event of non-performance of the SERVICE or mistakes involved as a result of YOUR failure to update YOUR personal information, YOU shall bear the full consequence and the COMPANY will not be liable for any responsibility.

c. YOU shall be responsible for YOUR Watsons Card account, which is designated solely for YOUR own use and cannot be transferred, given as a gift or inherited. Should YOU lose all or part of the capacity for civil rights or civil conduct, the COMPANY reserves the right to take charge of YOUR Watsons Card account pursuant to valid legal documents (including without limitation to effective court verdict, will, etc. )

2. Account Security

Taking full responsibility for YOUR actions concerning the Watsons Card account and its password, YOU agree that:

a. YOU will not reveal YOUR Watsons Card number and password to others, nor will YOU use any other person's Watsons Card number and password.

b. Should YOU find YOUR Watsons Card and/or password stolen or misappropriated, YOU shall notify the COMPANY immediately and effectively, and request for suspension of the SERVICE. YOU understand that the COMPANY needs reasonable time to process YOUR request. The COMPANY will not be liable for any executed instruction and (or) loss incurred prior to confirmation of YOUR request.

D. Points Redemption

1. For effective protection of YOUR legal interests in using the SERVICE, YOU understand and agree to accept the following provisions:

a. 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.

b. 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. The COMPANY may, in its sole discretion, adjust the point value or amend relevant provisions relating to points redemption without YOUR prior consent.

c. YOU are entitled only to convert the points granted into designated service or products according to the COMPANY’s relevant provisions.

d. 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.

e. Point validity period: Beginning January 2017, points earned will expire at the end of every second year on 31 st December. (For example, points earned in March 2017 are valid till 31 st December 2018; points earned in February 2018 are valid till 31 st December 2019).

E. Restrictions on the Use of Watsons Card Service

1. YOU shall use the Watsons Card and the SERVICE in accordance with relevant laws and regulations of Malaysia , applicable regulations of the country or region YOU are in, and other applicable international convention. YOU will not apply the SERVICE to any illegal purposes (including the trading of prohibited or restricted items), or use the SERVICE illegally.

2. YOU shall not engage in conducts infringing others’s legal interests while YOU use the Watsons Card. Otherwise, YOU shall assume the legal responsibility entailed, and be liable for compensation if the rights and interests of the COMPANY or the employees with the COMPANY are impaired as a result. The aforementioned conducts include but are not limited to:

a. Infringing others’ right of reputation, privacy, trade secret, trademark, copyright, patent, and other legal rights;

b. Breaching confidentiality obligations imposed by law or agreement;

c. Using the SERVICE with false personal data;

d. Distributing computer viruses or engaging in other acts threatening the SERVICE system and data;

e. Other conduct deemed, based on sound reasons, improper by the COMPANY.

3. YOU understand and agree that the COMPANY may suspend or terminate the SERVICE in any of the following circumstances and is not liable to compensate for any loss, damage or expense accrued, including without limitation to the loss of profit, reputation, service, data or other intangible damage (regardless of whether the COMPANY receives prior notice of the possibility of damage):

a. On grounds including without limitation to violation of the provisions and spirit of this AGREEMENT, the COMPANY reserves the right, in its sole discretion, to suspend, stop, or terminate the SERVICE, in full or in part, for YOU and remove YOUR data subsequently.

b. Should there be any abnormality or suspected illegal conducts involved in the transaction with YOUR account, the COMPANY reserves the right to suspend or terminate YOUR Watsons Card account and deny YOU the SERVICE in full or in part.

c. The COMPANY reserves the right to terminate the SERVICE without prior notice when deemed necessary. It may suspend, deny access to or delete the account and all related information and files, freezing or canceling the points accrued in the Watsons Card account.

F. Privacy Protection

1. 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 the COMPANY according to the following provisions and the Privacy Policy:

a. Password
YOU are required to set a password upon registration as identification of YOUR Watsons Card. Security question and the answer to it 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 the COMPANY immediately, and shall not hold the COMPANY liable for any loss or damage incurred prior to the COMPANY's action against the threat.

G. System Halt or Failure

1. The COMPANY shall not be liable for any loss or damage in the event of system halt or non-performance of the SERVICE as a result of the following causes:

a. Servers are down for maintenance with relevant notice posted on the Watsons website by the COMPANY;

b. Data communication fails as a result of telecommunication equipment failure;

c. The COMPANY’s system fails due to circumstances beyond its reasonable control, including typhoon, earthquake, tsunami, flooding, electrical power failure, war, acts of terrorism, and other force majeure incidents.

d. Service is interrupted or delayed for reasons such as hacker attacks, technical adjustment or system breakdown on the part of telecommunication providers, website upgrades, technical difficulties with banking systems, etc.

H. Limitation of Liabilities

1. The COMPANY is responsible only for obligations expressly stated in this AGREEMENT.

2. The Watsons Card user data is offered by the user on voluntary basis. The COMPANY 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.

3. Partners of the SERVICE are responsible for the quality and content of the service they provide, for which the COMPANY bears no liability.

4. YOU must evaluate and bear all risks associated with the use of any content downloaded or acquired through the SERVICE. YOU shall take full responsibility for any damage or loss of data on YOUR computer system caused by YOUR decision to download the information.

5. No advice or information, whether oral or written, obtained by YOU from the COMPANY or its staff, or through the service shall create any warranty on the SERVICE not expressly stated by the COMPANY.

6. To the extent permitted by law, the COMPANY shall in no event be liable for any indirect, punitive, special or incidental damages associated with or arising from this AGREEMENT, whether in breach of this AGREEMENT (including breach of warranty), tort or of whatever causes, even if the COMPANY has been advised of the possibility of such damages. The COMPANY disclaims any responsibility for the aforementioned damages notwithstanding any claim that a sole or exclusive remedy provided in this AGREEMENT may or does fail of its essential purpose.

I. Trademark and Intellectual Property Rights Protection

1. All intellectual property rights (including without limitation to trademark, patent, copyright, trade secret, etc.) of the Watsons website and its content (including without limitation to the texts, photos, documents, information, reference, website framework, website graphics and webpage design) are owned by the COMPANY or its affiliated companies as permitted by law.

2. None of the programming information or content of the Watsons website may be used, revised, copied, transmitted, altered, disseminated, distributed or publicized without prior written consent from the COMPANY or its affiliated companies.

3. YOU are obliged to respect intellectual property rights, the breach of which may render YOU liable for damages incurred.

J. Jurisdiction

1. The law of Malaysia governs this AGREEMENT, the effectiveness, interpretation, modification, application and dispute resolution of which shall be dealt with in accordance with relevant provisions thereby, or pursuant to applicable international business convention and (or) prevailing industry practices in cases where the law of Malaysia fails to provide.

2. Any disputes arising from this AGREEMENT shall be dealt with in accordance with relevant law of Malaysia . Relevant lawsuits shall be filed to the people's court of the place where Watson’s Personal Care Stores Sdn. Bhd. is located.