SUNWAY PALS LOYALTY PROGRAMME MEMBERSHIP TERMS AND CONDITIONS
Definitions
In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:

a) “Account” means Member’s account containing details including Membership ID, Member’s Personal Information, record of accumulated Points and Points balance;

b) ‘Electronic Equipment’ means the equipment that provided by Sunway or its assigned electronic equipment provider to the Merchant in respect of Programme such as tablet or Electronic Data Capture Terminal;

c) “Member” or “Members” means individual(s) who has/have personally signed up, applied for and has/have been accepted by Sunway as participating member(s) of the Programme and granted SUNWAY PALS Card in accordance to the Terms and Conditions set forth herein;

d) “Membership Identification” means identification of membership (including Password, Member’s ID and PIN) under the Programme in accordance to these Terms and Conditions;

e) “Merchant” or “Merchants” means the participating merchant(s) of the Programme;

f) “Mobile Application” means the mobile application(s) owned and operated by Sunway in relation to Programme;

g) “Parking Credits” means the equivalent monetary value topped up by Member to be used for the payment of parking fees. For avoidance of doubt, the Parking Credits are different from and are stored separately from the Points and the account for Parking Credits is managed and operated by Mobile Money International Sdn. Bhd. (Company No. 670766-W);

h) “Parking Services” means the parking services (including the Top Up services) provided to Members in accordance with these Terms and Conditions;

i) “Parking Transaction” means an electronic transaction generated using SUNWAY PALS Card to top up and pay for the parking fees;

j) “Car Park Operator “means the party accept the usage of SUNWAY PALS Card to pay the parking fees;

k) “Point” or “Points” means the Points awarded to Members for redemption of purchases made at participating Merchants’ outlets under the Programme;

l) “Programme” or “SUNWAY PALS” means SUNWAY PALS Loyalty Programme operated by Sunway;

m) “Rewards” means the products, services, rewards, gifts or other benefits made available by Merchants under the Programme which may be redeemed by Members;

n) “SUNWAY PALS Card” or “the Card” means SUNWAY PALS Loyalty Programme Membership Card incorporated with Parking Credits;

o) “Sunway” means SUNWAY PALS Loyalty Sdn. Bhd. (formerly known as Sunway Direct Sdn. Bhd.) (Company No. 914000-K), a company incorporated in Malaysia under the Companies Act 1965;

p) "Top Up" means the transaction of adding Parking Credits to SUNWAY PALS Card conducted at any authorized Top Up Kiosk by Member;

q) “Total Invoice Value” means the total amount charged by a Merchant for purchase of goods or services at a Merchant’s outlet after deduction of any applicable discounts and rebates while for an F&B outlet, after the addition of service charges and government service tax or any other taxes as imposed under the applicable law;

r) “Website” means the website owned and operated by Sunway in relation to the Programme and located at www.sunwaypals.com.myor any other addresses which Sunway deems fit from time to time.

1) Membership
1.1) Membership is open to residents of Malaysia and expatriates residing in Malaysia only.

1.2) Membership is open to individuals who are 13 years of age and above.

1.3) An eligible individual may sign up and register for the Programme with Sunway through the Website or by any other methods that Sunway may decide to implement and establish from time to time and may then earn Points on various purchases at participating Merchants’ outlets upon and subject to these Terms and Conditions;

1.4) By signing and submitting the application of membership, the applicants accept and agree to these Terms and Conditions.

1.5) Membership and Members’ entitlement to membership benefits and privileges of the Programme, including the redemption of Points and Rewards, shall be in accordance with these Terms and Conditions.

1.6) Approval and grant of membership shall be at the sole and absolute discretion of Sunway.

1.7) Each eligible individual shall only apply for and hold one (1) valid Card only as a Member at any one time. Each member will be issued a form of Membership Identification which Sunway deems fit.

1.8) Sunway reserves the right to reject additional or multiple applications if Sunway determines in its sole and absolute discretion that the applications are made by the same person.

1.9) In valuing the customers, the membership is FREE from any registration, joining, or membership charges. Notwithstanding this, Sunway reserves the right to apply any charges and member fees at any time as it deems fit.

2.0) By signing up to the Sunway Pals Loyalty Programme, member covenants that he/she has received consent from their guardian/parent where required

2. SUNWAY PALS Card
2.1) The use of SUNWAY PALS Card by Members shall be in accordance with these Terms and Conditions and instruction of Sunway, as notified from time to time.

2.2) SUNWAY PALS Card, the Points, Parking Credits and all the benefits and privileges of membership are non-transferable and non-assignable to third parties and exclusively reserved for the Members.

2.3) SUNWAY PALS Card shall not be pledged by any Member as security for any purpose whatsoever.

2.4) SUNWAY PALS Card is and shall at all times remain the property of Sunway and shall be returned to Sunway immediately upon cancellation or termination of membership and may be repossessed by Sunway at any time for any reason as Sunway deems fit.

3. Awarding and Redemption of Points and Rewards
3.1) Awarding of Points:
Member will be awarded 1 point for every RM1.00 of the “Total Invoice Value” (if any value after decimal, to be rounded down to the nearest RM1.00) from purchase of goods/services at a Merchant’s outlet, unless otherwise stated.

3.2) Redemption of Points:
Members can use the redeemable Points on 1 point = RM0.01 basis to redeem against purchases made at Merchant’s outlets, unless otherwise stated.

3.3) A Member’s Account must be in good standing upon the time of redemption or awarding.

3.4) A Member may redeem the Points earned at all Merchants’ outlets or at any other places or method specified by Sunway from time to time. Member may refer to the current list of Merchants which is available on the Website or Mobile Applications or any other sources as determined by Sunway.

3.5) When a Member redeems his/her Points, the Points shall be utilised on first in first out basis.

3.6) A Member may redeem his/her Points in full or partially to settle the Total Invoice Value, subject to the compliance with the procedures for redemption.

3.7) For a partial redemption, the remaining unpaid Total Invoice Value is payable by the Member to the Merchant in the normal course of business (either by cash or credit card, as required by the Merchant) and the Member will earn Points on the Total Invoice Value.

3.8) Sunway reserves the right to suspend a transaction and/or reallocate, recalculate, reverse or adjust the Points or take any necessary action, with or without any notice in the event that Sunway has a reasonable ground to suspect that the Points were awarded, earned or redeemed fraudulently or in error.

3.9) Points are not exchangeable for cash and cannot be converted to cash.

3.10) The member will be entitled for Point awards and a Merchant may perform an offline Point awarding transaction under certain circumstances as verified and confirmed by Sunway.

3.11) A Member may check the history and record of Points’ accumulation, current Points balance, any other relevant information available under the Account at the Members’ own risk through Website, or any other methods as Sunway may decide to establish from time to time.

3.12) A Member shall frequently review his/her Account to check and verify the correctness and accuracy of current Points balance.

3.13) There shall be no awarding of retrospective Points for backdated receipts. Points are only awarded for receipts/purchases made on the day of purchase.

3.14) Points will be awarded or redeemed at the rate as agreed between Sunway and the Merchant when a Member purchases goods or services at the Merchant’s outlets which may vary among the Merchants.

3.15) The Points shall automatically expire and become invalid upon expiry of 24 months from the date of transaction. Members are encouraged to redeem their accumulated points before the expiry date.

3.16) Any accepted redemption shall not be cancelled and the redeemed Rewards are not exchangeable for cash and non-returnable, unless otherwise stated. Any dispute concerning goods and services received as Reward shall be settled between the Member and the Merchant, service establishment and/or supplier, from which the goods or services were purchased. Sunway will bear no responsibility for resolving such disputes, or for the dispute itself.

3.17) Upon confirmation of redemption, the available Points for redemption will be recalculated for the Member’s account.

3.18) The Programme and all Rewards are subject to availability and further subject to all applicable rules and terms and conditions (including booking requirements, cancellation restrictions, return conditions, warranties and limitations of liability) imposed by the respective Merchant and Sunway.

3.19) Sunway shall neither be liable nor held to be liable for any claims, loss, costs, expenses or damages or whatever nature resulting from the redemption of any of the Point or Rewards by the Members.

3.20) Sunway shall make no representation or warranty (either express or implied) of any kind with regards to the condition, fitness for purposes, merchantable quality or otherwise of any products or goods or services or any Rewards supplied by Merchants or third party.

3.21) Sunway shall not be responsible for any failure or delay by a merchant or third party to supply such Reward.

3.22) Points can be redeemed once they are credited into the Membership account of the Member. Redeemable Points will be recorded in the Member’s account after three (3) calendar days (depending on merchant’s infrastructure) from the time of the purchase.

3.23) Sunway shall be disclaimed for any delay in the posting of the transactions, the accrual and/or accumulation of the Points.

3.24) All awarding or redemptions of Points are subject to Merchant’s final acceptance.

3.25) In the event of any refund or purchase/order cancellation in relation to any purchase of goods or services, the Merchant may deduct the whole or part of the Points in the Account for such refund or cancellation at its deems fit subject to the Merchant’s policy.

4. Parking Credits and Parking Services and Point Conversion
4.1) Members may Top Up the Parking Credits by paying cash at Top Up kiosks which are located in the designated areas.

4.2) SUNWAY PALS Card must contain a minimum Parking Credits balance of RM10.00 in order to enter into the car park.

4.3) Members shall use SUNWAY PALS Card, Parking Credits and Parking Services at their own risk.

4.4) Members shall abide by the applicable car parking rules and regulations from the moment that the Member enter into the respective car park.

4.5) Parking Credits is not applicable for valet parking and motorcycle parking.

4.6) Points are convertible to Parking Credits.

4.7) For the purpose of converting points into Parking Credits, Pals Points parking conversion must be in the denomination of 1,000 Pals Points while maintaining a minimum balance of 1,000 Pals Points in the account:-
For example if a member has the below:
Points available in your account: 10,500 points
Minimum Points to be maintained in account = 1,000
Points balance: 10,500 – 1,000 = 9,500 points
Convertible points: 9,000 (denomination of 1,000 points)
Parking credit: RM90
Final point balance: 1,500 points

4.8) Once the Points have been converted into Parking Credits, they are not allowed to be converted to cash and non-refundable, unless otherwise stated.

4.9) Sunway and the Car Park Operator shall not honour any unauthorized use of SUNWAY PALS Card and Sunway shall forthwith invalidate SUNWAY PALS Card at its sole discretion.

4.10) If there is no Parking Transaction for a period of twelve (12) consecutive months (“Dormant Period”), Sunway is entitled to deactivate the account for Parking Credits and Member may not be able to use Parking Credits to pay any parking fees.

4.11) SPLSB shall levy an administrative fee of Ringgit Malaysia Five Only (RM5.00) (“the Deactivation Fee”) upon deactivation. This Deactivation Fee shall be deducted from the Parking Credits balance.

4.12) SPLSB shall further levy a maintenance fee of Ringgit Malaysia Five Only (RM5.00) (“the Maintenance Fee”) at every succeeding six (6) monthly intervals after the Dormant Period if there is no Parking Transaction within said interval. This Maintenance Fee shall be continuously deducted from the Parking Credits balance until the Parking Transaction is resumed by the Member.

4.13) Sunway reserves the right without incurring any liability in whatsoever form and manner to suspend the usage of SUNWAY PALS Card for Parking Services at any given time in the event that any technical failure occurs in the Parking Services network or the Parking Services are being upgraded, modified or maintained.

5. Refund Process for Parking Credits
5.1) Subject to these Terms and Conditions, refund of balance of Parking Credits balance will be made by Sunway only upon the cancellation or termination of membership or the Programme. To obtain the refund from Sunway, Members are required to fill up the pre-requisite refund form at SUNWAY PALS Membership Counter and provide the supporting documents together correct and complete bank account details in order to facilitate the refund process.

5.2) Sunway will levy a processing fee of Ringgit Malaysia Six Only (“Processing Fee”) upon the refund. All the details of bank account as provided by the Member in the refund form shall be deemed as complete and correct.

5.3) Sunway will refund the balance of Parking Credits in the Member’s account (after deduction of Processing Fee) within thirty (30) days upon the submission of the refund form by Members (subject to the approval from management).

5.4) No refund of Parking Credits nor compensation will be made in the event of :-
i) any unlawful act, unauthorized use and/or cloning of SUNWAY PALS Cards; or
ii) any point conversion into Parking Credits

6. Loss, Stolen, or Damage of Card
6.1) In the event that the Card is lost, stolen or damaged, Member must promptly report to SUNWAY PALS Membership Counter in person or by email via sunwaypals@sunway.com.my or calling SUNWAY PALS Membership Counter at no. 03 – 56333988 as soon as reasonably practicably and followed by written notification with supporting documents addressed to Sunway at the address described below to safeguard the Member’s account and privileges.

6.2) Sunway will take safety measures by deactivating the lost, stolen or damaged Card or any information stored under the Account within reasonable time upon Member’s notification. Sunway disclaim its liabilities on any losses or damages (either directly or indirectly) that may be suffered by the Member arising from the safety measures taken by Sunway or any delay in invalidating the Card.

6.3) Sunway will assist in reactivating the account and replace the lost, stolen or damaged card. A non-refundable replacement fee of RM6.00 will be charged for the reactivation and replacement. Upon the reactivation, Sunway may at its absolute and sole discretion to transfer the Points balance, or any information stored under the Account to the replacement.

6.4. Members are advised to lodge a police report as soon as possible to substantiate the claim.

7. Cancellation, or Termination of Membership
7.1) A member may cancel or terminate the Membership at SUNWAY PALS Membership Counter by returning the Card (if holding any) to Sunway and completing the required form.

7.2) Members shall opt to clear the remaining points as all Points balance recorded in the Account and redeemable Rewards will be automatically forfeited upon cancellation or termination of the Membership.

8. Dispute
8.1) If there is any dispute on a Points transaction, Parking Transaction or Parking Services, a member must complete the particular request form and submit the forms with supporting documents as required at SUNWAY PALS Membership Counter within seven (7) days from the date of transaction or dispute. Any submission after the seven (7) days will not be accepted.

8.2) Sunway may at its sole and absolute discretion to settle the disputes as it deems fit. The decision by Sunway shall be final and conclusive. Sunway shall not be liable or responsible for any breach of any duty of care owed to such Member by any of Sunway’s employees, staff or authorized personnel or any indirect, consequential or economic losses, loss of profits, loss of opportunity or punitive damages of any kind.

9. General
9.1) These Terms and Conditions govern the membership (including awards, redemption and use of Points and Rewards by Members and also Parking Services) and set out the agreement between Sunway and each Member with regards to the Programme.

9.2) All Members agree that the Privacy Notice as stated on the Website shall form part of these Terms and Conditions. Acceptance of these Terms and Conditions by Members shall constitute the acceptance of the Privacy Notice. Sunway reserves the right to amend or supplement the Privacy Notice from time to time. Any amendments to the Privacy Notice will be posted on the Website.

9.3) All Members and applicants are advised to read the Privacy Notice before accepting these Terms and Conditions.

9.4) The accuracy of personal information shall be verified by Members and Members shall notify Sunway upon any changes on their personal information.

9.5) Sunway and the Merchants reserve the right to request the Member to produce his/her Member Identification and personal identification (including MyKad or Passport) to facilitate the Points transaction and for verification purposes in accordance to the Privacy Notice.

9.6) Sunway reserves the rights at its sole and absolute discretion to amend or delete any of these Terms and Conditions at any time as it deems fits without prior notification to Members. Any variations, addition or amendment to these Terms and Conditions will be posted via the Website not later than seven (7) days prior to the effective date of such amendments. Continuing use of SUNWAY PALS Card and engage with the membership by Members shall constitute acceptance of any variation, addition, or amendments to these Terms and Conditions and Member shall be bound by the same.

9.7) Members have the obligations to check the Website for updates of Terms and Conditions from time to time.

9.8) Sunway reserves the right, at any time to vary, modify, replace, substitute or terminate Programme or any Rewards, benefits, features or privileges under the Programme or withdraw Points from use without prior notification to Members and without being liable in any way to Members.

9.9) Sunway may at its sole and absolute discretion to terminate the memberships without prior notification and forfeit all the Points balance recorded in the Account and redeemable Rewards and reject any refund in the events of including but not limited to :-
i) A member accrues, redeems, or uses SUNWAY PALS Card, Membership (including any benefits and privileges) or the Points for any unlawful or fraudulent activity or in other manners which Sunway determines to be improper;
ii) A member breaches any of these terms and conditions;
iii) A member is deceased or is declared a bankrupt; or
iv) A member do anything which may in the opinion of Sunway lead to the damage to the Parking Services or the property of Sunway or Car Park Operator.

9.10) Sunway, its subsidiaries, related companies, Merchant and its service providers, or agents shall not be liable for any cost, expense, loss or damages, whether direct or indirect, special or consequential or loss of business, revenue or profits, injury or damage to property or any nature suffered by Members or any authorised person by Members arising from :-
i) any omission, error or inaccuracy of record, awarding or redemption of points or Points balance including as a result of failure or breakdown of any Electronic Equipment used in connection with the Programme;
ii) any technical malfunction, operator fault, error, deficiency, defects of the SUNWAY PALS Card or any part thereof;
iii) any act, error, delay or default in carrying the parking services and the Programme;
iv) withdrawal of any benefits or privileges conferred on Members under the Programme;
v) any act, omission, error of its service provider, agents, employees, sub-contractor, business partners or Car Park Operator;
vi) any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the Parking Services and any claims arising out of any act or omission of Members;
vii) any suspension, deactivation, termination or cancellation of account or membership;
viii) usage of Parking Services by Members; and
ix) any circumstances beyond the reasonable control of Sunway.

Sunway or Merchant may refuse a request for awarding or redemption of Points on any transaction in the events as set out in (i), (ii) or (vii) above.

9.11) Members are responsible for the security of their Membership Identification. Sunway accepts no liability for the disclosure of the Membership Identification by the Member to a third party, whether intentionally or otherwise. Sunway reserves the right to protect an account from being access if Sunway has reasonable grounds to believe that the security of the particular account has been breached or at the risk of exposure.

9.12) While Sunway uses reasonable efforts to include up-to-date information in the Website and in all its publications, Sunway makes no warranties or representations as to their accuracy, reliability, completeness or otherwise. The contents, materials, products or other services available in Sunway publications or accessible through the Website are on “as is” and “as available” basis. Sunway 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.

9.13) Sunway does not warrant that the Website will be error-free, free of viruses, bugs, online interruption or other harmful threats. Members are responsible to implement security measures in their computers or mobile devices before accessing the Website. Sunway shall not be liable in any way for any direct, indirect, punitive, incidental, consequential or other damage howsoever arising out of any of the following;
a) the use of, or access to, the Website;
b) delay or inability to use or access the Website; and/or
c) any content, information, material, products or services published in, posted on, advertised in or obtained through Sunway publications or the Website or otherwise.

9.14) Notice of any matter in relation to the Programme shall be deemed informed/delivered to Members via any one of the methods as follows:
a) by posting on the Website;
b) by sending an email to Members who have provided email address to Sunway;
c) by publication in a newspaper;
d) by short messaging services (SMS); or
e) by Mobile Applications.

9.15) All notices, requests and/or other communications to be given by Members to Sunway under these Terms and Conditions must be communicated in writing and sent by hand, registered post, courier or other postal service or electronic mail (e-mail) to the following address:
SUNWAY PALS Membership Counter, Ground Floor (G1.96)
Sunway Pyramid Shopping Mallee
No. 3, Jalan PJS 11/15,
Bandar Sunway,
47500 Subang Jaya,
Selangor Darul Ehsan,
Malaysia
Careline: 03-5633 3988
E-mail: sunwaypals@sunway.com.my

9.16) Sunway may further establish rules, procedures and policies in relation to any matter regarding the Programme, 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 Sunway, including Frequently Asked Questions (FAQs) and advertising or promotional materials. These Terms and Conditions together with the aforesaid further rules, procedures and policies shall constitute the entire agreement and understanding between Sunway and the Members with respect to the Programme and shall not be subject to any other agreement, understanding, warranty or representation not expressly contained or referred to in these Terms and Conditions and the aforesaid further rules, procedures and policies.

9.17) If any of the provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

9.18) No delay or indulgence by Sunway in enforcing any term or condition of these Terms and Conditions nor the granting of time by Sunway to Members shall prejudice the rights or powers of Sunway nor shall any waiver by Sunway of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

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