TERMS OF SERVICE

POINTS

1. The following terms and conditions are applicable to the accumulation, allocation, and use of points.
2. You are entitled to earn and receive points when purchasing KUDA MERAH products through the KUDA MERAH app (iOS version and Android version).
3. Each product has a different amount of points. You hereby agree that the products with points will vary and change from time to time at our sole discretion.
4. In the event the products purchased are subsequently returned, exchanged, or replaced by you to the dealer, we reserve the right to vary, amend, alter, add or deduct the amounts of points from your account as deemed fit at our sole discretion.
   
   
5. The points awarded to you are strictly for your use. The points cannot be transferred to any other person or entity under any circumstances.
   
   
6. Every point credited to your account will have a certain validity period. All points earned and accumulated should be redeemed prior to the expiry of the said points and no extension will be given to any expired points under any circumstances.
   
   
7. You are entitled to use the points earned to redeem the following:

   (a) Gift item(s);

   (b) Voucher(s) – which can be used as a form of cash to purchase products (in the form of a rebate).
   
   
8. Points are redeemable exclusively for items listed in the app, and each item displayed in the app has a specified point requirement for redemption.
   
   
9. We reserve the right to vary or replace the gift item(s) from time to time as deemed fit in our sole discretion.
   
   
10. In the event you use your points to redeem a gift item, once the gift item has been selected and redeemed, you are not permitted to revoke, change, exchange, replace, cancel, or return the redeemed gift item. You have the option to choose between self-pickup or delivery via our appointed courier service provider(s). For those opting for self-pickup, you will be notified of the collection details such as the designated pick-up point (your nearest authorized KUDA MERAH dealer). You must take full responsibility to fill in and complete your name, contact number, and address if opting for delivery. Upon receipt of the information submitted by you, we will arrange to send the gift item to the designated address as submitted by you, or prepare it for pickup as per your chosen option. No change of recipient, address, or pickup point is allowed once the redemption request has been submitted by you. Arrangement and delivery or notification for pickup will take approximately ten (10) working days or such other extended time following the logistics’ delivery schedule. We disclaim our liability(ies) if the gift item is damaged or lost by logistics during delivery. Further, we disclaim our liability(ies) for any death, injury, direct or consequential loss, theft, or damage of any kind that you may suffer in connection with or following the redemption of the gift item. In the event the gift item is not delivered or available for pickup due to a flaw or mistake in the information submitted by you, we shall not resend, reissue, or allow the pickup of the gift item and will not replace the points redeemed. Likewise, in the event the address is beyond reachable by the logistics, or the designated pickup point is inaccessible, we reserve the right to send the gift item to the selected dealer as opted by you.
    
    
11. Once the gift item is delivered to the designated address, irrespective of whether the gift item is received by anyone at the designated address or no one is there to accept it, the delivery is considered completed. If the gift item is damaged due to reasons not caused by the logistics or actions or omissions of the recipient, you must notify us or an authorized KUDA MERAH dealer within one business day from the date of delivery. To facilitate this process, you are required to provide proof, such as images or videos of unboxing/unwrapping the parcels, and of any broken/damaged/missing items. You may then return the damaged gift item in its original condition and packaging to us within a prescribed time, at your own cost and expense. We will arrange to redeliver the gift item once we have verified that the damage was not caused by your actions or negligence or by logistics, and provided that the stock for the originally selected gift item is still available. In the event the stock is not available (namely, out of stock or discontinued), you are required to select another available gift item with the same points or of similar value.

     
12. We give no representation or warranty on the quality, suitability, or usage of the gift item(s).
    
    
13. If you reject the products for reasons acceptable to the dealer and in due compliance with the purchase terms, you may exchange any other goods of the dealer with similar value.
    
    
14. All gift item(s) are available only while stocks last.
    
    
15. All points earned must be redeemed by you prior to the date your account is closed. All unredeemed points will be automatically canceled and forfeited without prior notice to you.
    
    
16. We reserve the ultimate right to change, alter, amend, or add to the policies, terms, and conditions at our sole discretion at any time, and prior notice may be given to you.
    
    
17. We reserve the right to adjust, deduct, or recompute points added to your account for the purpose of correcting any discrepancy(ies) or inaccuracies in the allocation or rewards of the points.
    
    

1. Every dealer is required to actively promote the KUDA MERAH App to you, the end-users/members, ensuring that you are aware of and can fully utilize the app’s features.
   
   
2. Dealers are also tasked with guiding you in using the KUDA MERAH App effectively, ensuring a smooth and enriching experience as you explore the various functionalities and benefits the app offers.
   

RIGHTS AND RESPONSIBILITIES OF THE MEMBER(S)

1. You must be at least eighteen (18) years old as of the date of signing up and have completed the full registration process. If you have not attained the age of majority as at the date of signing up, you shall be deemed to have obtained permission from your parent or guardian before registration.
   
   
2. If you are signing up as a representative for and on behalf of a company/business/partnership/association or any other form of business whatsoever, you shall be deemed to have obtained proper and legal authorization of the aforesaid entity. If products are purchased under the name of a company/business/partnership/association or any other form of business, you shall provide the information of the said entity and shall register the said entity as a member in the KUDA MERAH app. Points earned from purchasing products under the name of the entity will be awarded to the entity in the entity’s member account.
   
   
3. You must make an effort to safeguard the safety, security, usage, and confidentiality of your own account(s), including but not limited to the information of the username and password issued to you.
   
   
4. You are fully responsible for all information that you submit, transmit, or otherwise make available during the use, purchase, or redemption of any points or vouchers.
   
   
5. You shall submit accurate data, responses, or information to us and are prohibited from providing, submitting, or giving false, inaccurate, fraudulent, or misleading data, responses, or information.
   
   
6. When you provide personal data pertaining to a third-party for fulfillment purposes of points, vouchers, or otherwise, you hereby confirm on behalf of said third-party that he, she, or they have agreed to the sharing of his, her, or their personal data with us.
   
   
7. We will not be responsible for any risk(s) associated with your account, whether the account is lost, stolen, hacked, misused, abused, or used by any third party.
   
   
8. Your account is strictly not allowed to be transferred, shared, assigned, or novated by you to any other person or entity under any circumstances.
   
   You agree that we shall be entitled to use, handle, or disclose any information or data given or submitted by you in accordance with the applicable laws and regulations of privacy law.
   

1. Should you wish to terminate your account with KUDA MERAH, you are also choosing to withdraw from KUDA MERAH membership. This action can be initiated at any time by navigating to ‘Account > Edit Profile > Delete Account’ within the KUDA MERAH app. This process allows for the direct deletion of your account and withdrawal from the membership.
   
   
2. It is crucial to understand that deciding to delete your account and withdraw from membership is irreversible, leading to significant, permanent effects.
   
   
3. Upon account termination and membership withdrawal, all accumulated KUDA MERAH vouchers and points will be forfeited. Should you decide to rejoin us in the future, it will not be possible to reinstate the vouchers and points accrued in your previous account.
   
   
4. Furthermore, all tasks and activities you previously completed to earn rewards, as well as your recorded activity history and membership benefits, will be permanently nullified. Returning to us will mean starting fresh, as your prior achievements, activity records, and membership status cannot be restored.
   
   
5. Your account, along with your membership, will be rendered permanently inaccessible and irrecoverable, ceasing its existence and benefits.
   
   
6. We strongly recommend reviewing any unredeemed vouchers or unused Points to maximize your benefits before deciding on account termination and membership withdrawal. Should you seek further clarification or require assistance regarding this process, please do not hesitate to contact our support team.
   
   

DISCLAIMER

1. We shall assume no responsibility for any damage, risk, or loss associated with your act or negligence in the use of the username and/or password, or that by any third party.
   
   
2. To the extent permitted by the relevant applicable laws and regulations, we expressly exclude any guarantee, representation, warranty, condition, term, or undertaking of any kind, whether express or implied, statutory or otherwise, including but not limited to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability, or fitness for any particular purpose in relation to any Points and/or Vouchers.
   
   
3. To the extent permitted by the relevant applicable laws and regulations, we exclude all warranties, rights, and remedies, whether express or implied, that you would otherwise be entitled to, if any.
   
   
4. We do not in any way make any warranty on the performance and/or capability of the KUDA MERAH app (iOS version and Android version).
   
   We kindly request your understanding that we may, at our discretion, suspend, terminate, or discontinue the collection, use, and redemption of Points and/or Vouchers. These actions will be considered carefully and will only be taken when absolutely necessary. We deeply value your participation and aim to minimize any inconvenience.
   

1. Any provision or clause in the voucher’s policy, these terms of service, and any other terms agreed to or accepted by you which is illegal, void, prohibited, or unenforceable shall be ineffective only to the extent of such condition, without invalidating the remaining provisions. Any such condition shall not invalidate or render illegal, void, or unenforceable any other provision.
   
   
2. We reserve the right to alter, change, modify, add to, or otherwise vary these terms of service from time to time, in a manner we deem appropriate. You will be bound by the revised terms if you continue to use the points, vouchers, and/or app after such modifications. Your continued use after such changes will be deemed as your acceptance of the new terms.
   
   
3. This Terms of Service is available in English, Bahasa Malaysia, and Chinese. In the case of inconsistencies or discrepancies between the versions, the English version shall prevail.
   
   
4. The terms herein shall be governed by the Laws of Malaysia and subject to the exclusive jurisdiction of the Courts of Malaysia.