Orange Club
Terms & Conditions and Privacy Policy

USE OF THE ORANGE CLUB PROGRAM AND MOBILE APPLICATION (THE “ORANGE CLUB”, “APPLICATION”) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY ORANGE CONVENIENT STORE SDN. BHD. (“ORANGE CONVENIENT STORE”) FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”,”YOU”) AND ORANGE CONVENIENT STORE GOVERNING THE USE OF THE ORANGE CLUB.

THE USE OF ORANGE CLUB IS GOVERNED BY THE TERMS OF THIS AGREEMENT. PLEASE ENSURE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS BEFORE USING YOUR ORANGE CLUB. IF YOU DO NOT UNDERSTOOD THESE TERMS YOU MAY CONTACT OUT EMAIL info@orange24hr.com TO DISCUSS YOUR CONCERNS WITH US BEFORE YOU FIRST USE YOUR ORANGE CLUB.

BY DOWNLOADING OR INSTALLING THE APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS, USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.

WE RECOMMEND YOU KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

PART ONE: Orange Club GENERAL TERMS

The Orange Club is issued to you by Orange Convenient Store. It allows you to load a monetary value on to your Orange Club for future purchases at any merchandise under Orange Convenient Store. The Orange Club can be used to make any purchases at any merchandise under Orange Convenient Store except for purchase of Gift Certificates. The Orange Club is to be treated like cash. It cannot be replaced if lost, stolen or damaged unless you have registered it and reported the loss as described below. The monetary value that you load onto your Orange Club is a pre-payment only for the goods and services of Orange Convenient Store. No credit card, credit line, overdraft protection or deposit account is associated with Orange Club. No interest, dividends or any other earnings on funds loaded on to an Orange Club will accrue or be paid or credited to you. The value associated with the Orange Club is not insured or guaranteed by any person or entity.

Your Orange Club is only valid for use in merchandise under Orange Convenient Store in Malaysia only. We reserve the right not to accept any Orange Club or otherwise limit use of an Orange Club if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

Orange Club

1. “Orange Club”: 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 (“SERVICE”): The Orange Club service offered by ORANGE CONVENIENT STORE includes:
a. Point accumulation: For every RM3 worth of purchase, Orange Members earn 1 point.
b. Point redemption: Points can be redeemed for use in purchases at Orange Convenient Store. The conversion rate is: 100 points=RM1. Min Redemption is a block of 100 points.
c. 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.
d. 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. ORANGE CONVENIENT STORE may, in its sole discretion, adjust the point value or amend relevant provisions relating to points redemption without YOUR prior consent.
e. YOU are entitled only to convert the points granted into designated service or products according to ORANGE CONVENIENT STORE’s relevant provisions.
f. 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.
g. Point validity period: 1 Year end basis
h. 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 ORANGE CONVENIENT STORE, regardless of the success or failure of the attempts in attaining the desired results. YOU may enquire about the points accumulated in YOUR Orange Club through this system. If YOU deem the record incorrect, YOU may request a detailed transaction record from ORANGE CONVENIENT STORE.

5. Force Majeure disclaimer: The SERVICE may be rendered unavailable for causes beyond ORANGE CONVENIENT STORE’s reasonable control. ORANGE CONVENIENT STORE 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, ORANGE CONVENIENT STORE reserves the right to suspend or limit certain service function of the Orange Club, 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.

Loading Value on Your Card

In Malaysia, you can load value onto an Orange Club by using cash, credit card, and/or debit card by visiting any merchandiser under Orange Convenient Store in Malaysia. By doing so, any personal data which you provide to us in order to do so will be held pursuant to Orange Convenient Store Privacy Policy on servers in Malaysia and by proceeding with the topping up facility, you will be agreeing to this arrangement. Loading an Orange Club with another Orange Club is not allowed. The minimum amount that can be loaded into an Orange Club for the first time is RM10. No limit is permitted on an Orange Club at any given time and the amount that can be reloaded into an Orange Club must minimum of RM10. Orange Convenient Store may change these maximum and minimum amounts at any time by notifying you at the point of sale or on the web site and such change shall not constitute an amendment to this agreement. The Orange Club cannot be exchanged for cash or credit balance.

Fees and Expiry Date

Orange Convenient Store will charge RM10 fees for the every new registered member. Your Orange Club will never expire. You may enjoy your life time membership and grow together with us.

Redemption

The Orange Club cannot be exchanged for cash or credit balance unless required by and subject to the terms of this Agreement. All reward points and benefits are valid only within their stipulated periods.

Complaint Handling

We reserve the right to correct the balance of your Orange Club account if we believe that a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Orange Club, please email our Customer Care Team at info@orange24hr.com and we will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We will have no liability for any billing error unless you provide us a notice within sixty (60) days of the date you become aware of the error. You should monitor your transactions and account balances closely.

Optional Registration; Liability for Unauthorised Transactions

Because your Orange Club is used like cash for purchases from Orange Convenient Store, you are responsible for all transactions associated with your Orange Club, including unauthorized transactions. There are no replacements for lost, stolen or damaged Orange Club. However, for those whom registered Orange Club, the card can be deactivated by emailing our Customer Care Team at info@orange24hr.com or through the Application. Please notify us immediately if there is a change of information provided for registration. Personal information which you provide to us for purposes of registering your Orange Club will be held pursuant to Orange Convenient Store Privacy Policy.

PART TWO: IMPORTANT LEGAL TERMS

User License

Subject to these Terms, Orange Convenient Store grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or non- commercial use only on an Apple or an Android device (each a “Device”) owned or controlled by User as permitted by the Apple Terms or the Google Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for this Application unless separate terms accompany Global such updates, supplements or replacements, in which case the separate terms will apply.

Online Payment (Where Applicable)

Users who download the Application to a Device may also elect to participate in certain functionality of the Application which will allow the User to use a Device to load value to or make payment by an Orange stored value card (“Orange Club”) or to transfer any or all of the outstanding balance from one Orange Club to another Orange Club in accordance with these Terms and the Orange Convenient Store Policies including the Orange Club Terms and Conditions or which will allow the User to use a Device to make payment by credit card / debit card in accordance with these Terms and the Orange Convenient Store Policies (“Online Payment”). Orange Convenient Store reserves the right at any time to discontinue any or all of the functions of Online Payment.

User Information

Some functionality of the Application, including but not limited to Online Payment (where applicable), location-based services and functionality, may require the transmission of information provided by the User including but not limited to user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), the International Mobile Equipment Identity number accessed in the User’s Device, phone-book information, information related to an Orange Club or GPS location (“User Information”). If the User uses such Application functionality, the User consents to the transmission of User Information to Orange Convenient Store, its agents and/or service providers and authorizes Orange Convenient Store, its agents and/or service providers to record, process and store such User Information as necessary for the Application functionality and for purposes described in the Orange Convenient Store Privacy Policy. The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application including but not limited to Online Payment (where applicable), for all transactions and other activities undertaken with any Orange Club registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify Orange Convenient Store of any unauthorized transactions associated with the Application including but not limited to Online Payment (where applicable) or any other breach of security. Orange Convenient Store shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.

Acceptable Use

Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content must comply with these Terms and the Orange Convenient Store Privacy Policies. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Application or Content that is not authorized by Orange Convenient Store; (d) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Application, or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Orange Convenient Store computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair Orange Convenient Store servers or networks; or (j) fails to comply with applicable third party terms (collectively “Acceptable Use”). Orange Convenient Store reserves the right, in its sole discretion, to terminate any User License, terminate any User’s usage of the Application including but not limited to Online Payment (where applicable), remove Content or assert legal action with respect to Content or use of the Application including but not limited to Online Payment (where applicable), that Orange Convenient Store reasonably believes is or might be in violation of these terms of Acceptable Use or Orange Convenient Store Policies including the Orange Club Terms and Conditions, but Orange Convenient Store failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

No Warranties

ORANGE CONVENIENT STORE IS PROVIDING THE APPLICATION TO THE USER ON AN “AS IS” BASIS AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ORANGE CONVENIENT STORE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE APPLICATION IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF ONLINE PAYMENT, WHERE APPLICABLE) WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

Limitation of Liabilities

ORANGE CONVENIENT STORE is responsible only for obligations expressly stated in this AGREEMENT;

Orange Convenient Store will not be liable the User for:
I. Any loss of income, business, goodwill or profits arising out of this agreement;
II. Any unauthorized access to or alteration, theft or destruction of the Orange Club;
III. The consequences of any delay or mistake relating to the use of Orange Club caused by any circumstances beyond Orange Convenient Store’s control;
IV. The Orange Club user data is offered by the user on voluntary basis. The ORANGE CONVENIENT STORE does not guarantee the accuracy, timeliness, completeness of any information provided in connection with the SERVICE. YOU shall take full responsibility for YOUR own judgement.
V. Any loss or damage which was not caused by Orange Convenient Store’s breach of this Agreement or breach of legal duty of care;
VI. Any loss or damage which was not a reasonably foreseeable result of either Orange Convenient Store’s breach of this Agreement or breach of legal duty of care. Loss or damage is “reasonably foreseeable” if, at the time Orange Convenient Store and the User entered into this Agreement, such loss was contemplated by the User and by Orange Convenient Store; or
VII. Any loss or damage suffered by the User as a result of the User failing to take reasonable precautions against such loss or damage.

Privacy Protection

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 ORANGE CONVENIENT STORE according to the following privacy policy provisions (“Orange Convenient Store Privacy Policy”):

a. Password

YOU are required to set a password upon registration as identification of YOUR Orange Club. Phone number 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 ORANGE CONVENIENT STORE immediately, and shall not hold ORANGE CONVENIENT STORE liable for any loss or damage incurred prior to ORANGE CONVENIENT STORE’s action against the threat.

Marks, Application and Content

“Orange Convenient Store”, the Orange Convenient Store logo, and other Orange Convenient Store trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Orange Convenient Store (“Orange Convenient Store Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The Orange Convenient Store Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Orange Convenient Store or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Orange Convenient Store or the owner of the Content.

Assignment

We may transfer all or part of this Agreement without such transfer being considered a change to the Agreement, by giving notice to you. 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 your 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 Orange Convenient Store 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.

Changes

Orange Convenient Store reserves the right to change or modify the Terms or any other terms in the Orange Convenient Store Privacy Policies related to use of the Application at any time and at its sole discretion by posting revisions on the Application. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

Enquiries or Questions

If you have any questions regarding this Orange Club Account Terms of Use and Agreement, or your Orange Club, please email our Customer Care Team at info@orange24hr.com.