TERMS AND CONDITIONS:
The Resorts World Manila (“RWM”) Membership Card is issued by the issuing merchant (“the Card Issuer” or “CI”) under the customer loyalty programme known as the RWM Membership Programme as the case may be, (“the Operator”) shall be governed by the following Terms and Conditions and any amendments that may be made by the Card Issuer (“CI”) and the Operator from time to time (“T&C”).
SECTION 1 - MEMBERSHIP
- Application for the RWM Membership Card (the "Card") is open to any individual person who is 21 years and above. Corporations, companies, partnerships and other similar juridical entities are not eligible for membership. Further, employees of Resorts World are not eligible to apply for the Card.
- The person to whom the Card is issued (the "Cardholder") shall sign the Card immediately upon receipt and shall not permit any other person to use it and shall at all times safeguard the Card and keep it under the Cardholder's personal control. The Cardholder is required to have his/her photo imprinted onto the Card for identification and security purposes. The RWM Membership Card is non-transferrable.
- The Card is the property of the CI and is not a charge card or credit card or admission pass to any outlet(s) of any participating merchants of the Programme (“the Merchants’ Outlets”). Unless otherwise stated in the application form, a Cardholder can only hold one (1) type of RWM Membership Card by the same CI.
- Unless otherwise terminated herein, the Card shall be valid for such period determined by the CI at the time of application. The validity shall be imprinted on the RWM Membership Card.
- Application for the Card must be made on the Application Form issued by RWM and the applicant must submit the completed Application Form to the Membership Counter at the Resorts World.
- By accepting the Card, the Cardholder shall be deemed to have accepted and agreed to be bound by these terms and conditions.
SECTION 2 – MEMBERSHIP POINTS (“POINTS”) AWARD AND REDEMPTION
- Subject to the terms herein contained and basis determined by the participating merchants of the Programme (if applicable, including the CI) (“The Merchants”) and /or discounts, benefits, entitlements, privileges, promotions (“the Benefits”) may be awarded to the Cardholder when the Card is presented at the time of purchasing selected products/services (“the Merchants’ Outlets”) offered by the Merchants by cash or credit card (“the Approved Transactions”) at the Merchants’ Outlets. The Cardholder is required to sign on the transaction slips (for earning or utilization of Points) for verification purposes.
- The basis upon which the Cardholder may be permitted to enjoy the Points and/or the Benefits shall be determined by the Merchants and/or the Operator at their absolute discretion and may be changed from time to time without prior notice. Cardholders are not entitled to request the Operator, CI and/or Merchants to disclose or explain the calculation methods or other matters relating to the Points and / or the Benefits. Points will not be awarded on taxes or any charges payable by the Merchants to any regulatory or governmental bodies.
- The card will not be accepted if the card (a) has expired; (b) is invalid, lost or stolen; (c) is damaged; (d) does not carry the Cardholder’s signatures; (e) has been altered, defaced, re-printed or re-embossed; (f) such other irregularities on the face of the Card or (g) is not acceptable under any other reasons, rules and regulations which the Operator, CI or Merchants may impose from time to time.
- Points accumulated under different types of RWM Membership Card held by the same Cardholder cannot be combined without the Operator’s prior written approval.
- Cardholder with sufficient Points may redeem rewards made available by the Operator or the Merchants (“the Rewards) subject to the terms and conditions determined by the Operator, CI or Merchants and as amended or varied at their sole discretion from time to time with or without notice, including but not limited to:
- The procedures involved in redemption;
- Restriction in the quantity of a particular Reward that a Cardholder may exchange for Points;
- Classification of Cardholders into different categories;
- Offer of different Rewards and Benefits for different categories of Cardholders.
- Points utilized for redemption of the Rewards will be deducted from the Cardholder’s account. No Points will be accorded for all redemption transactions. If Rewards have been redeemed by using any Points that have been fraudulently or wrongfully earned, the Cardholder shall be liable to refund to the Operator the value of the Points or return the Rewards to the Operator, as directed by the Operator.
- Once the CI, the Merchants or the Operator accepts any redemption requests, it cannot be revoked, amended, cancelled, returned or exchanged for other items.
- Unclaimed Rewards will be forfeited and the Points deducted for such redemption will not be reinstated.
- The Operator, CI and Merchants reserve their right to refuse any request for redemption or recall any Rewards redeemed if the Operator, CI and Merchants reasonably suspects the Points used by the Cardholders were fraudulently or wrongfully recorded.
- All Rewards are subject to availability and the CI, the Merchants and the Operator reserve their right to replace any item of approximate value without prior notice.
- A Cardholder who earn the Points or enjoy the benefits outside the Territory or redeem the Points with merchants recruited by the other operator of the Programme outside the Territory (‘the Other Operator”), shall:
- Be deemed to have notice of, and agreed to, the terms and conditions governing the Programme in the relevant territory and to have entered into, and be bound by, a collateral contract with the Other Operator of the Programme in that territory based on such terms and conditions whereby, inter alia, any dispute arise in that territory relating to the Programme or merchants recruited by the other Operator shall be exclusively resolved between the Cardholder and the other Operator in that territory in accordance with the laws of that territory and the terms and conditions governing the Programme in that territory.
- Accept the value of the Points in their accounts being calculated or reflected by such Merchants in the currency of the country in which the Merchants are in or such currency determined by the relevant merchants with the Other Operator, based on such exchange rates as the Operator may determine with the Other Operator from time to time (“the Exchange Rate”).
- Accept the Points being accorded based on the currency of the country in which the merchants are in or such currency determined by the relevant Merchants and such Points will be exchanged based on the Exchange Rate, depending on the territory where the Cardholder uses their Card.
- The parties acknowledge that the provisions of Clause 21 are for the benefit of the Other Operator of the Programme in the relevant territory and, notwithstanding any other provision in these T&C, such the Other Operators may, in their own right, enforce the provisions of Clause 21.
- The CI and the Operator shall not be liable for the condition of the Merchants’ Outlets, Benefits or the Rewards and any disputes arising there from shall be settled between the Cardholder and the Merchants and/or supplier of the relevant Benefits, Merchants’ Outlets or Rewards (as the case may be).
SECTION 3 – RENEWAL
- The Cardholders shall observe the expiration date of the Card. Subject to fulfillment of all prevailing criteria set by the CI (including but not limited to payment of any prevailing renewal fees); the Card may be renewed for such period that may be determined by the CI at the material time and be subject to these T&C.
SECTION 4 – LOST/STOLEN/DAMAGED CARD
- The Cardholder shall immediately inform the CI and/or the Operator once their card is discovered lost, stolen or damaged and follow-up with written confirmation to the Operator and/or CI within 7 days from the notification date.
- The lost, stolen or damaged Card will be replaced subject to payment of the prevailing replacement fees. Application for a replacement Card may be rejected by the CI or the Operator without assigning any reasons thereto.
- Upon notification, the Operator will invalidate the lost, stolen or damaged Card within reasonable time without further notice to the relevant Cardholder. The CI and the Operator disclaim their liabilities on any losses or damages (either directly or indirectly) that may be suffered by the Cardholder arising from the invalidation of the card or any delay in canceling the Card.
SECTION 5 – PROMOTIONAL MATERIALS
- Subject to Section 6, the Operator and CI reserves the right to send to the Cardholder catalogues or other promotional literature, sms, e-mail or any forms of marketing modes relating to the Programme or such other projects, campaigns, or promotions that may be carried out by the Operator, CI or Merchants or their respective holding companies, subsidiaries, associates or related companies (“the Catalogues”). The Cardholder shall give written notice to the Operator if the Cardholder opt not to receive any of the Catalogues.
- The Cardholder shall not hold the Operator and CI liable for any losses or damages (either directly or indirectly) that may be suffered by the Cardholders arising from delay or non-receipt of the Catalogues or error in the Catalogues, if any.
- Charge may be imposed on additional copy of the Catalogues requested by the Cardholders.
SECTION 6 – DATABASE
- In order to be eligible to become a Cardholder, the applicant must provide his/her personal particulars and database (consisting of names, identity card/passport numbers, date of birth, addresses, contact numbers and such other information required by the CI and the Operator from time to time). Such date together with information of the points awarding and redemption transactions (“the Database”) will be solely owned by the CI or jointly owned by the CI and the Operator and the relevant recruiting merchant (as being informed at the time of application or set out in the application form) (collectively referred to as the “the Database Holder(s)” for the purpose of this Section) and the Cardholder hereby irrevocably and unconditionally agrees that the Database shall be held in a database system managed by the Operator.
- By accepting the card, the Cardholder gives and shall be deemed to have given their consent to allow the Database Holder(s) or their respective holding companies, subsidiaries, associates or related corporations to use, process, disclose, transfer or to deal with the Cardholder’s Database in whatever manner and for whatever purposes as the CI and the Operator shall deem fit without any court order or other governmental or regulatory bodies.
- The Cardholder shall immediately notify the Database Holder(s) in writing of any change of his/her Database whereupon the Database Holder(s) shall take all practicable steps to update the Database within a reasonable time Provided That the Database Holder(s) shall not be liable for any losses or damages that may be suffered by the Cardholder arising whether directly or indirectly from the Database Holder(s) delay or failure in updating the Database for any reasons whatsoever.
SECTION 7 – TERMINATION
- The Cardholder may terminate the use of the Card at any time by notifying the Operator or CI in writing accompanied by the return of the Card.
- The Operator and/ or CI have the absolute discretion to immediately bar, terminate, change, suspend or cancel the Card or impose conditions on the usage of the Card at any time with or without prior notice or cause whereupon, the Cardholder shall immediately return the Card to the CI upon request and whenever the Operator shall deem fit at its sole discretion, Points accumulated under the Card will be forfeited without prior notice.
- Without prejudice to the generality of the foregoing, the Card will be automatically terminated without prior notice if no Approved Transaction is recorded within 24 months from the issuance date or the date of the last Approved Transaction.
- Without prejudice to Clause 34, if the agreement between the CI and the Operator expires or is terminated:
- The Card will be cancelled at such time as CI and the Operator may decide at their absolute discretion;
Subject to conditions as the Operator may set at the material time, the Operator may issue or offer to issue to the qualified Cardholders another type of Card for the Cardholders to transfer all the Points and/or Benefits accumulated under the Card to the New RWM Membership Card whereby Cardholder shall be deemed to have agreed to accept the New RWM Membership Card if the New RWM Membership Card was not returned to the Operator; and
- For Cardholders who are not qualified to hold the New RWM Membership Card and who do not agree to hold the New RWM Membership Card, the Operator and CI shall have the absolute rights to cancel or forfeit the Points and Benefits available under his/her account without any notice and the Operator and CI shall not be liable for any value of the Points and/or Benefits so forfeited.
- If the Programme is suspended or terminated for whatever reasons, neither the CI nor the Operator shall be liable to the Cardholders for whatever losses or damages that may be suffered by the Cardholders in furtherance to the suspension or termination.
SECTION 8 – SUPPLEMENTARY CARD (if applicable)
- Whenever authorized by the CI, the cardholder may apply for a maximum of one (1) Supplementary Card (‘the SC”) for the cardholder’s lawful spouse. The SC Cardholder shall be subject to these T&C whereby any reference to the “Cardholder” herein shall cover the SC Cardholder and any reference to the “Card” shall cover the SC.
- The Cardholder shall be liable for and responsible for a breach or defaults on the part of the relevant SC Cardholder.
- The Cardholder may cancel the SC by serving written notice to the CI or the Operator whereupon the SC and the Points and Benefits accumulated under the SC account will be cancelled without further notice and without any right of transfer to the principal Cardholder’s account.
SECTION 9 – OTHERS
- To the full extent permitted by law, the CI and the Operator hereby disclaim any and all such warranties, representations, or statements or given by the Merchants of the Programme, condition of the Merchants’ Outlets, the Benefits or Rewards. The Cardholder shall waive all claims against the CI and the Operator arising from such disputes.
- In no event shall the CI and the Operator be liable to any Cardholder or any third party for any loss or injury or any special, direct, indirect, incidental, exemplary or consequential losses or damages whatsoever or howsoever caused under any cause of action arising directly or indirectly in connection with the Programme or the use of the Card.
- If the CI and/or the Operator be liable to any Cardholder or any third party for any loss or injury or any special, direct, indirect, incidental, exemplary or consequential losses or damages whatsoever or howsoever caused under any cause of action arising directly or indirectly in connection with the Programme or the use of the Card.
- If the CI and / or the operator are found liable by a court of competent jurisdiction, the liabilities of the CI and the Operator to the Cardholder for any cause whatsoever and regardless of the form of action, to the extent permitted by law, shall be limited to restoring or according to any Points and/or Benefits that have been inadvertently dealt with.
- All fees paid under these T&C are not refundable unless otherwise provided.
- Any notice to be given to the Cardholder shall be deemed to have been properly given if sent by prepaid post to the address recorded in the Database.
- The Cardholder shall indemnify and hold the CI and the Operator harmless against any liability for loss, penalty, damage, costs and expenses (including but not limited to legal costs) which the CI and the Operator may incur by reason of or arising directly or indirectly from any breach on the part of the Cardholder in complying or observing the T&C or in otherwise using of the Card or recovery of any outstanding amounts due from the Cardholder.
- The CI and/or the operator shall be entitled jointly or severally at the time without the consent or notice to the Cardholders to assign or transfer whole or part of its rights and obligations in relation to the Card and/or the Programme to any other person.
- The Operator is not responsible for (a) withdrawals of the Merchants and/or the CI from the Programme, (b) for Points and/or Benefits cancellation caused by withdrawals, or (c) for changes or discontinuance of the Merchants and/or the CI which may affect the Points and/or Benefits offered. Participating Merchants are subject to change at any time without notice.
- Time shall be of the essence of the T&C but no failure to exercise or delay in or partial exercising or any of the CI’s or the Operator’s rights, power or remedies shall operate as waiver.
- The T&C shall be governed and construed in accordance with the law of the Territory and the parties hereto agree to submit to the non exclusive jurisdiction of the courts of the Territory.
- Any application is subject to fulfillment of any other conditions set by the Operator and/or CI. The Operator or CI’s decision to reject any application shall be final. No objection or appeal shall be entertained.
- All the terms and conditions governing the Points will equally apply to any other type of points that may be awarded by the CI or Merchants, if any.
- English version of the T&C shall prevail over other versions.