GIFT CARD TERMS & CONDITIONS
IMPORTANT -- PLEASE READ: The following SENHENG Gift Card Agreement describes the terms and conditions that apply to the usage and other relevant matters of SENHENG Gift Cards.
Consumers (users) are advised to read the terms and conditions carefully.
WE RECOMMEND YOU KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS. By purchasing and/or using the SENHENG Gift Card, you and the holder of the SENHENG Gift Card are deemed to have accepted the terms and conditions herein contained.
Where ever the word “WE” or “US” or “OUR” appears in relation to these terms and conditions and/or the Gift Card, it shall mean and/or refer to SENHENG New Retail Berhad and senQ including its successors, assigns, officers, directors, shareholders, agents, affiliates and subsidiaries unless otherwise indicated.
“You” or “Consumers” are persons who are in the possession of the Gift Card either by purchase or by gift or otherwise for the purpose of using the Gift Card as a payment method at outlets nationwide subject to these terms and conditions.
Reference to “card,” giftcard” or “Senheng gift card”, where the context so requires, refers to the “Senheng Gift Card”.
PART ONE: SENHENG GIFT CARD GENERAL TERMS
PART TWO: IMPORTANT LEGAL TERMS
PART ONE: SENHENG GIFT CARD GENERAL TERMS
Our Gift cards can be honoured at all SENHENG and senQ outlets in Malaysia The value of this card or denomination is as set out in Ringgit Malaysia
Initial stages of Purchase
Consumer has to be 18 years old and older to purchase the Gift Card. You are responsible to ensure that the Gift Cards are not scratched as scratch cards are not redeemable. You are required to scratch the Gift Cards only when you are about to make a purchase or transactions.
Usage of the Gift Card
By presenting your Gift Card at participating outlet, the participating outlet will accept the Gift Card as method of payment. There is no cash exchange or return for Gift Card. This card is issued as a return transaction. It cannot be loaded with value and the amounts cannot be transferred. If you wish to purchase any products of higher value than the available value in the Gift Card, such difference can be paid by cash, credit card and/or any other payment methods accepted by us which shall be advised from time to time.
Please keep the Gift Card safe and it is equivalent to cash, in that a holder in possession of a valid Gift Card shall be recognized as the rightful owner without further query. The Gift Card is to be treated like cash. The monetary value that you load onto your Gift Card is a pre-payment only for the goods and services of our outlets. No refund of the balance in the Gift Card is allowed due to any reasons and not limited to theft, damage and loss of the Gift Card. The Gift Card is not a credit, debit or loyalty card. No registration of the Gift Card is necessary. Possession of the Gift Card constitutes ownership.
The Gift Card can be used only once. Any balance remaining in the Gift Card cannot be refunded in anyway and shall lapse and cease to have effect on the said transaction. A maximum of 6 cards or maximum amount of RM3000 can be used in a single receipt or a maximum amount of RM3, 000.
Points will be rewarded to PlusOne member with each purchase or transactions using the Gift Cards.
Lost or Stolen Card
WE shall not be liable for any loss or damages suffered by you due to any lost or stolen Gift Card. You shall use all precautions to prevent the loss and/or theft and/or unauthorized use of the Gift Card. WE shall not entertain any request for balance refund or monetary claims the lost or stolen Gift Card.
Receipts and Statements
A single Gift Card can be purchased up to a maximum value of Ringgit Malaysia Five Hundred (RM500.00) at all participating outlets.
Balance inquiry can be made at participating outlet.
If a Gift Card becomes faulty or damaged due to a manufacturing or technical defect, please go to our nearest outlet and request for a replacement Gift Card. Any request for a replacement Gift Card must be supported with the existing faulty Gift Card which will have to be returned back to us provided not scratched.
No card replacement will be entertained without the original Gift Card being returned. Card replacement will be allowed once only. No replacement fee for any successful request for a replacement card.
Activation and Expiry
Gift cards will be activated after 24 hours of purchase. Gift cards cannot be redeemed for any activities or transactions other then purchasing item(s) sold at our outlets. Gift cards are valid for one year from the Date of Issue.
After this time the card will expire without further notice and any remaining balance will be forfeited,lapse and cease to have effect.
Fraudulent and misused of Gift cards
If we suspect misuse or fraudulent use of our Gift Card, it may be suspended or terminated. We may cancel the Gift Card at any time, without notice. We may condition replacement upon return of the Gift Card. The Gift Card remains as our property.
We may, at our discretion, terminate the Gift Card programme/service by giving sixty (60) calendar days’ notice of termination. Notice of such termination may be sufficiently sent by way of publication on our website or notification by way of announcement at our participating outlets. Alternatively in lieu of notification by way of publication on the website or notification by way of announcement at the participating outlets, at our sole discretion may give notice of such termination of the Gift Card programme/service by advertising in the local newspapers circulating in Malaysia.
Upon termination date, all cards purchased prior thereto will continue to be valid until their respective expiry dates.No further Gift card(s) shall be issued and/or recognized to be valid should its Date of issue be a date on or after the termination date of this Gift Card programme/service
PART TWO: IMPORTANT LEGAL TERMS
Changes to This Agreement
We reserve the right to amend the terms of this agreement at any time for security, legal, regulatory or valid business reasons.
We will post the terms to the modified agreement on our website at www.senheng.com.my and www.senQ.com.my . Subject to the remainder of this clause, any change, addition or deletion will become effective at the time we post the revised agreement to our website or generally in our outlets or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Gift Cards. The amended terms will apply to you if you do not notify us in writing to the contrary within twenty (20) days of the date of our notice or such other reasonable period of time as specified in our notice to you.
Cancellation of This Agreement
We may suspend or terminate this agreement at any time by giving you reasonable prior notice. We need not, however, give you notice where we have serious grounds for considering that immediate termination is required (e.g. if we reasonably suspect fraudulent or unauthorized use of the Gift Card). In the event that this agreement is terminated, this Part Two shall continue to apply as between us in respect of anything either of us did whilst this agreement was in force.
Disclaimers and Limits of Liability
We do not represent or warrant that your Gift Card to always be accessible or accepted at all of our outlets in Malaysia. To the maximum extent permitted by law, the liability of us and participating outlet, in all circumstances, is limited to the total amount available in the Gift Card or the sum Ringgit Malaysia Five Hundred only (RM 500), whichever is lower. We will not be liable to you or any third party authorized by or claiming through you for any loss, damage, cost, expenses, actions, suits, claims and demand whatsoever, whether direct, indirect, special or consequential, of loss of business, revenue or profits or of any nature suffered by you or any person for any loss, damage or injury caused or suffered by a person arising from the usage of the Gift Card including but not limited to the delays caused by our system or for:
- any loss of income, business, goodwill or profits arising out of this agreement;
- any unauthorized access to or alteration, theft or destruction of your Gift Card;
- the consequences of any delay or mistake relating to the use of your Gift Card caused by any circumstances beyond our control;
- any loss or damage which was not caused by our breach of this agreement or breach of our legal duty of care;
- any loss or damage which was not a reasonably foreseeable result of either our breach of this agreement or breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if, at the time we entered into this agreement, such loss was contemplated by you and by us; or
- any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage.
This agreement is governed by the laws of Malaysia.
For any claim against us for less than RM10,000, the party seeking redress may elect to resolve the dispute through binding non-appearance based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
We may transfer all or part of this agreement without such transfer being considered a change to the agreement, by giving notice to you, whether through our website, on a national daily newspaper and/or otherwise. The company or other entity to whom we transfer this agreement will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the terms and conditions of this agreement so that you rights under this agreement are not detrimentally affected.
Entire Agreement; Construction
All correspondence entered into under this agreement will be in the English language. This agreement is the complete and exclusive statement of the agreement between you and Senheng New Retail Berhad and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this agreement.
We shall not be liable for any loss or inconvenience faced by you resulting from the amendment(s) of these terms and conditions.
Enquiries or Questions