Terms & Conditions
CARDPOW! General Terms and Conditions
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THESE OFFICIAL RULES INCLUDE INDEMNITIES TO THE PROMOTION ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
INTERNET ACCESS IS REQUIRED. WINNERS (AND ANY MINOR WINNER'S PARENT OR LEGAL GUARDIAN) MAY BE REQUIRED TO EXECUTE AND RETURN PRIZE ACCEPTANCE DOCUMENTS, AS MORE FULLY DETAILED BELOW.
MINORS MUST ASK THEIR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND HELP TO PARTICIPATE. IF A PARTICIPANT IS AN ELIGIBLE MINOR IN HIS OR HER JURISDICTION OF PRIMARY RESIDENCE, HIS OR HER PARENT OR LEGAL GUARDIAN AGREES TO THESE OFFICIAL RULES ALONG WITH AND ON BEHALF OF HIS OR HER MINOR CHILD.
APPLE, INC. ("APPLE") IS NOT A SPONSOR OF INMARKET MASTER SWEEPSTAKES, NOR DO THEY ENDORSE THIS SERVICE OR SPONSOR ANY PRIZE REDEMPTIONS.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, CARDPOW! and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website (except for content specifically and expressly made available for redistribution).
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CARDPOW!’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without CARDPOW!’s express written consent.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to CARDPOW! a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to CARDPOW! the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or CARDPOW! or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
CARDPOW! reserves the right to edit or remove any material submitted to this website, or stored on CARDPOW!’s servers, or hosted or published upon this website.
Notwithstanding CARDPOW!’s rights under these terms and conditions in relation to user content, CARDPOW! does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. CARDPOW! makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, CARDPOW! does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any (legal, financial or medical) matter you should consult an appropriate professional.
Limitations of liability
CARDPOW! will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if CARDPOW! has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit CARDPOW!’s liability in respect of any:
- death or personal injury caused by CARDPOW!’s negligence;
- fraud or fraudulent misrepresentation on the part of CARDPOW!; or
- matter which it would be illegal or unlawful for CARDPOW! to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability (Sendirian Berhad) entity, CARDPOW! has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against CARDPOW!’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect CARDPOW!’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CARDPOW!.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify CARDPOW! and undertake to keep CARDPOW! indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CARDPOW! to a third party in settlement of a claim or dispute on the advice of CARDPOW!’s legal advisers) incurred or suffered by CARDPOW! arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to CARDPOW!’s other rights under these terms and conditions, if you breach these terms and conditions in any way, CARDPOW! may take such action as CARDPOW! deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
CARDPOW! may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
CARDPOW! may transfer, sub-contract or otherwise deal with CARDPOW!’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
The use of CARDPOW! Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malaysia and the parties hereby submit to the exclusive jurisdiction of the Courts of Malaysia not withstanding that Cardpow Sdn. Bhd. and CARDPOW! may be accessed in other jurisdiction and not restricted to Malaysia.
The participant hereby agrees that the participant shall be solely responsible for the compliance with all laws applicable to the participant in the participant’s jurisdiction in respect of the use of CARDPOW! Spin the Wheel.
The participants may direct all feedback and/or complaints in relation to Cardpow Sdn. Bhd. at firstname.lastname@example.org.
Registrations and authorisations
CARDPOW SDN. BHD. is registered at 10-1A, Jalan Puteri 2/6, Bandar Puteri, 47100 Puchong, Selangor, company registration number: 1107119-A.
Telephone / Fax: 03-8062-7677. You may also contact CARDPOW! by email to email@example.com
CARDPOW Cashback Receipt Program Terms and Conditions
CARDPOW offers a service that allow members to earn cashback on purchases on products or services made at selected Participating Merchants. Anyone can join and use CARDPOW. It is that easy and it’s free to sign up! CARDPOW does not sell or rent your personal information to third parties, and CARDPOW does not 'spam' its members. CARDPOW does not install or require you to install software on your computer or smart phone. In other words, there is no 'catch'. CARDPOW receives a fee for referring customers to participating merchants and uses that fee to pay members cashback on their purchases.
Please read this complete member agreement ("Agreement") for full details on the CARDPOW #cashback program ("Program").
Becoming a Member
By enrolling as a member in the Program ("Member"), or by utilizing any of CARDPOW’s shopping applications ("Applications"), you agree to be bound by this Agreement. Enrollment as a Member is simple: you must provide an email address so CARDPOW can inform you when money or other rewards are credited to your account. Members will provide accurate information when creating an account or registering for CARDPOW Services; are solely responsible for your User ID and the activity that occurs while signed in to or while using CARDPOW using your User ID. Members must be at least 18 years of age or older to purchase items and agree not to use the Program for any illegal or fraudulent activity. Please be aware that participation in the Program and the opportunity to earn cashback are offered at the sole discretion of CARDPOW, and CARDPOW has the right to change this Agreement in whole or in part, at any time, with or without notice.
Earning back a portion of your purchases as cashback ("Cashback") is straightforward. Visit a participating merchant, make a purchase, snap a photo of the receipt within 48 hours or less, then wait for CARDPOW to process the Cashback on your net purchase amount before being approved by the Participating Merchant. Cashback verification may occur from 7 up to 90 days depending on the Participating Merchant. Specific Cashback percentage and amounts vary by Participating Merchant and product category and are provided in detail at CARDPOW. Please note that the net purchase amount excludes taxes, fees, shipping, gift wrapping, discounts or credits, returns or cancellations, and extended warranties.
Certain Participating Merchant may include a limited number of products and purchases from the Program. CARDPOW does its best to minimize and maintain an up to date list of exclusions on CARDPOW. Please note that to earn Cashback, you must upload the receipt within 48 hours or less. The following receipts are not allowed:
2. Without any GST registration number.
3. Has no receipt number.
4. Crumpled, torn or crushed.
5. Unclear, illegible, or cannot be read by human eyes.
6. Written in a language other than in English or Bahasa Malaysia.
7. Incomplete, showing only half or a portion of a receipt.
8. Does not show GST tax summary.
9. Digital reloads such as mobile phone top up, Touch n Go, etc.
10. Parking coupons.
11. Pre-paid coupons / cash vouchers.
12. Longer than 25cm.
13. Not uploaded within the specified date allowance.
14. Airline and hotel tickets.
15. House or car deposits.
16. Utilities: Eletricity, water, internet, phone, gas, etc.
17. Petrol receipts.
18. Receipts with a total value of more than RM301, unless stated otherwise.
19. Online purchases of any kind unless specified allow, e.g. during the #mycybersale
20. Duplicate of receipts or credit card receipt transactions.
21. Folded receipts
22. Receipts that are suspicious of abnormal usage. (e.g. you visit McDonald 5 times a day, buy laptops using 5 different payment methods, eat in the same restaurant twice in less than 10 minutes, etc.)
23. Trade invoices from purchasing at wholesale centres, wholesalers, trade suppliers, etc.
24. Medical / hospital bills
Earning Bonuses & Other Rewards
CARDPOW periodically offers monetary bonuses or other rewards for sign up in the Program, for referring other new Members, or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. To qualify for a sign up bonus payment, a new Member must establish an Active Account (defined below). To qualify for a referral bonus, a Member must refer a new Member who establishes his or her own Active Account. Please note that sign up and referral bonuses are given for the purpose of attracting brand new Members to CARDPOW. An individual person is only eligible for one sign-up bonus and may earn only one referral bonus per individual person referred. To be sent a gift bonus, Member must have a valid address in Malaysia only.
To receive payment on accumulated Cashback and any other rewards, you must establish and maintain an active account with CARDPOW ("Active Account") with the information necessary to process your payment. To receive a cheque payment, you will need to have a valid and verified email address at which you are able to receive email, a valid postal address at which you are able to receive mail, a valid mobile phone number, your first and last name, and a password to protect your account.
To receive a bank transfer payment, you will need to have a valid and verified email address at which you are able to receive email, a valid Bank Account Number, a valid Bank Account Name, a valid Bank Name, a valid identification document (Identification Card / Passport Number), your first and last name, and a password to protect your account. To maintain your Active Account, you must update your information if it changes and have uploaded a receipt via CARDPOW or a CARDPOW Application or have accumulated Cashback at any time within the last twelve (12) months.
CARDPOW pays its members accumulate Cashback and other rewards on request. CARDPOW pays members in Ringgit Malaysia via bank transfer only. Members may select or change their bank details in the My Profile section of CARDPOW. The minimum payment amount is RM50.00. Members with balances below RM50.00 will not be able to cash out and will have to accumulate Cashback until it is RM50.00 or above to be able to cash out.
Please note that cashback from a Participating Merchants may be delayed due to delayed processing and reporting by the Merchants. We do our best to expedite payments and to maintain a list of stores whose practices might delay our ability to pay Cashback on your purchase. CARDPOW reserves the right to delay payment for any purchase based on changes to Participating Merchant policies and procedures at any time.
Updating & Maintaining Your Account
Receiving Communications from CARDPOW
By signing up for membership at CARDPOW, you agree to receive communications that are account and membership related (e.g., that we've added money to your account, etc.) as well as periodic shopping-related emails that highlight coupons & special deals that are available to CARDPOW Members. You can opt-out of receiving emails that are not account related by following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you cannot unsubscribe from account information emails. But rest assured that we don't send emails unnecessarily. If you do not wish ever to hear from CARDPOW, even if just to hear that we awarded you Cashback, you can close your account by contacting CARDPOW’s customer service department.
Protecting Your Information
License to the Service
Subject to the terms and conditions of this Agreement, CARDPOW grants you a limited, non-exclusive, and revocable license to access and use the Service. CARDPOW (or its participating merchants) reserves the right to change, upgrade or discontinue the Service or any feature of the Service at any time, with or without notice.
Privacy, Security and Information Collection
Limitations on Liability
Termination of Service
CARDPOW reserves the right, at any time, to modify or discontinue offering the Service in its sole discretion. If you are dissatisfied with any aspect of the Service at any time, your sole and exclusive remedy is to cease using the Service and/or provide Member comments to CARDPOW. You agree that CARDPOW will not be liable to you or to any third party for any modification, suspension, or termination of the Service. Using CARDPOW does not install or require you to install any software to access the Cashback Shopping Program. Members can earn Cashback on their purchases by using CARDPOW’s mobile application and/or website.
CARDPOW plans to make available a limited number of Applications to assist users in earning Cashback without visiting CARDPOW website or mobile application (for example, from mobile devices or in-store). If you use CARDPOW’s Applications you agree to use them only for your personal use and for accessing the Program. CARDPOW reserves the right to update or discontinue its Applications at any time. You agree not to reverse engineer, decompile, disassemble, copy or otherwise derive the source code of CARDPOW Applications for any reason. You may not rent, sell, or sublicense CARDPOW’s Applications without CARDPOW’s prior written consent. All rights to CARDPOW’s Applications are reserved by CARDPOW under the copyright laws of the Malaysia.
Inactive Member Accounts & Termination of Membership
Membership in the CARDPOW program is free: there is no charge to be a Member or to earn and receive Cashback. If your account is inactive for more than twelve (12) consecutive months, CARDPOW reserves the right to debit your CARDPOW account balance five ringgit (RM5.00) per month to recover the cost of account maintenance until (i) you reactivate your account by starting a shopping session via CARDPOW or updating your account information (providing a valid name, email and mailing address), or (ii) your account balance is zero. If the balance in your inactive account is or becomes zero, CARDPOW will close the account permanently and cease to maintain your account records and Program access. The inactive account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to CARDPOW.
The CARDPOW site and all its contents are copyrighted materials, protected by Malaysian and international copyright laws. The compilation of content on our website and mobile application is the exclusive property of CARDPOW and may not be used for any other purpose other than as set forth on the site. The services and information provided herein are solely for your own private use. You are only permitted to use the CARDPOW site as expressly authorised. Nothing contained herein transfers any express or implied right, title or interest in this web site and mobile application to you. As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non?exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us, you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
Governing Law And Dispute Resolution
The mobile application and website is controlled by CARDPOW from Kuala Lumpur, Malaysia. This Agreement, your use of the Site, and all related matters are governed solely by Malaysian laws, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the Kuala Lumpur Regional Centre for Arbitration (the “KLRCA”), in accordance with the procedures of the KLRCA Rules of Arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Kuala Lumpur, Malaysia. Notwithstanding the foregoing, you or CARDPOW may seek injunctive relief from an appropriate court located in Kuala Lumpur, Malaysia prior to or during the arbitration. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
Program Limitations, Qualifications & Disclaimers
Membership in the Program is subject to this Program Agreement with Participating Merchants’ operating agreements as they relate to the cashback program with CARDPOW are hereby incorporated into this Agreement by reference.
Membership in the Program is limited to individuals who are 18 years of age or older. Members may not use scripts or disguised redirects to derive financial benefit from CARDPOW. Members must have Internet access and maintain a valid email address to be eligible to receive the privileges and benefits of membership.
Any failure to comply with this Program Agreement, any fraud or abuse relating to the accrual or receipt of cashback rewards, or any misrepresentation of any information furnished to CARDPOW or its affiliates by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accumulated Cashback rewards.
The determination of whether or not a purchase made through a CARDPOW Participating Merchant qualifies for Cashback is at the sole discretion of CARDPOW. If a Participating Merchant fails to report a transaction to CARDPOW or withholds payment to CARDPOW for any reason, CARDPOW reserves the right to cancel the Cashback associated with that transaction. If CARDPOW has any reason to suspect fraudulent activity is associated with your account, CARDPOW reserves the right to delay or withhold payment of Cashback. You give CARDPOW permission to review your account with Participating Merchants in cases where CARDPOW suspects fraudulent activity. CARDPOW is not responsible for lost or stolen payments, including gift cards. CARDPOW is not responsible for payments delivered to the wrong address and wrong bank account through no fault of CARDPOW or for payment errors made by payment partners.
It is your responsibility to check your account regularly to ensure that Cashback has been properly credited and paid and that your account balance is accurate. If you do not believe that Cashback has been correctly credited to your account you must contact CARDPOW Customer Service within 90 days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.
You may be taxed on your receipt of cash and other consideration (merchandise, travel, etc.) for member referrals, depending on the tax laws of federal, state, and local jurisdictions. CARDPOW may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of the consideration received for member referrals.
CARDPOW is not responsible for changes to, or discontinuance of, or for any Participating Merchant withdrawal from the Program, or for any effect on accumulated Cashback caused by such changes, discontinuance, or withdrawal. CARDPOW is not responsible for changes to, or discontinuance of, any special offer or coupon code at a Participating Merchant.
The CARDPOW Program and Applications are being provided to member "as is" with no warranty. CARDPOW reserves the right to terminate the Program at any time with or without notice. To the maximum extent permitted by law, CARDPOW disclaims all representations and warranties, express or implied, with respect to the Program and Applications.
CARDPOW does not warrant, guarantee, or make any representations regarding the quality or accuracy of advertisements for any products or services offered or provided by Affiliate Stores in conjunction with the Program. In addition, CARDPOW does not warrant that access to this site or use of its Applications will be uninterrupted or error?free, and CARDPOW assumes no responsibility for any damage caused by your access or inability to access CARDPOW mobile application, website or CARDPOW’s Applications.
Member agrees to indemnify and hold CARDPOW, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any party due to or arising out of Member's use of the Program.
CARDPOW may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms & Conditions page of the CARDPOW web site or mobile application regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. CARDPOW’s failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and CARDPOW with respect to the Program.
CARDPOW! Spin the Wheel
Terms and Conditions
CARDPOW! Spin the Wheel is open to all citizens and permanent residences of Malaysia of at least 18 years of age who are Facebook and Twitter Users save and except for the users stated below:
The following Facebook and Twitter Users are not eligible to participate in the Contest:
- Permanent, contract and/or temporary staff or employees of Cardpow Sdn. Bhd. (including its subsidiaries and related companies) and their immediate family members (i.e. spouses, children, parents, brothers and sisters); and/or
- Representatives and/or agents (including advertising and promotion agents) of Cardpow Sdn. Bhd.; and/or
- Representatives and/or agents (including advertising and campaign agents, 3rd party vendors and service providers) of Cardpow Sdn. Bhd. (including its subsidiaries and related companies) and their permanent and/or contract employees and their immediate family members (i.e. spouses, children, parents, brothers and sisters); and/or
- Sole-proprietorships, Partnerships, Charitable/Non-profit Organisations/Societies, and/or
- Corporate and Commercial Customers; and/or
- Individual below the age of 18 years.
The participating criteria to CARDPOW! Spin the wheel, the participants must have read and agreed to the Terms and Conditions of this game upon signing into the website which constitutes as acknowledgement of the said terms and conditions. The terms and conditions can be referred to at the bottom of the website; allow the App to access his/her public profile; email address and provide a valid mobile phone number.
Participants shall be responsible for ensuring the accuracy of the contact details and the details provided to Cardpow Sdn. Bhd. and the participants acknowledge that Cardpow Sdn. Bhd. shall not be held liable for any losses or damages suffered by any participants in the course of this game whether arising from the provision of inaccurate details to Cardpow Sdn. Bhd. or otherwise unless the same is due to Cardpow Sdn. Bhd.’s gross negligence or wilful default.
By participating in CARDPOW! Spin the Wheel, participants hereby agree to be bound by the Terms and Conditions herein and agree that Cardpow Sdn. Bhd.’s decision on all matters relating to the Spin the Wheel including but not limited to the qualification of the participants and the determination of the winner is final, binding and conclusive provided the same must appear to be fair and reasonable. No queries, appeals or protests will be entertained.
By participating in CARDPOW! Spin the Wheel, you hereby warrant that all information submitted by you is true, accurate and complete in every respect. Cardpow Sdn. Bhd. reserves the right to verify any information contained in your participation and/or your eligibility to enter as a participant.
General Terms and Conditions
By participating in CARDPOW! Spin the Wheel, the participants hereby consent to Cardpow Sdn. Bhd. to processing and disclosing their personal data.
Cardpow Sdn. Bhd. reserves the right to perform validity checks on the Facebook and/or Twitter accounts of all participants. If the Facebook or Twitter account of a participant is deemed or found to have been falsified (examples of which include but not limited to the same participant using multiple email addresses to create multiple Facebook or twitter accounts to play the game; the game being played by bots and not by the actual participant, etc), Cardpow Sdn. Bhd. reserves the right to disqualify the participant from participating CARDPOW! Spin the Wheel and the said participant will not be entitled to redeem any Reward or POW Points.
Anyone who opens a user account with CARDPOW! in any manner permitted by CARDPOW! becomes a participant subject to the Terms and Conditions. Participants agree to abide by these Terms and Conditions upon opening a user account.
Participant must register as a user of CARDPOW! Participants having multiple accounts would be blocked from the Website, and subject to termination of use of CARDPOW!. The Site Provider reserves the right to refuse to issue or to cancel any username that it deems misleading, obscene, or otherwise inappropriate for any reason whatsoever. The expression “Multiple Accounts” shall mean one (1) participant having one (1) ID registered for more than one (1) account with CARDPOW!.
The participant agrees to fully indemnify Cardpow Sdn. Bhd. against any and/or all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements of any kind whatsoever which may be imposed on, incurred by Cardpow Sdn. Bhd. in respect of the participant’s unlawful activities, communication, act and/or omission in any way relating to or arising out of the negligence of or misconduct of or breach of or any omission, delay or failure of the participant’s obligations under the Terms and Conditions as provided herein.
The participant further agrees that Cardpow Sdn. Bhd. shall not be liable to the participant for and with respect to any third party claim and the participant shall indemnify the Website Provider from any liability claim, loss, damage or expense of any kind relating to or arising out of third party rights thereof.
This indemnity by the participant herein shall survive the termination of any of CARDPOW! services to the participant.
By acceptance or receipt of the items or vouchers redeemed from Rewards Store under CARDPOW! Spin the Wheel, the participants agree to hold harmless Cardpow Sdn. Bhd. and its affiliates and their respective directors, officers, employees and agents from and against any claim, action, proceeding, judgment, damage, loss, expense or liability suffered by Cardpow Sdn. Bhd. and its affiliates and their respective directors, officers, employees and agents in connection with CARDPOW! Spin the Wheel’s participation, redemption or use of the items or vouchers unless the same is due to the gross negligence or default of Cardpow Sdn. Bhd.
CARDPOW! Spin the Wheel is not organised by or associated to Facebook or Twitter or the product owners of the reward items. The participants however agree to comply with all rules and regulations.
Cardpow Sdn. Bhd. not be responsible or held liable in any manner whatsoever in respect of technical failures of any kind, whatsoever intervention, interruptions and/or electronic or human error in the administration and/or processing of the game via the website unless the same is due to the gross negligence or wilful default of Cardpow Sdn. Bhd.
In addition to the Terms and Conditions herein, Cardpow Sdn. Bhd. shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, goodwill expenses or loss of profit incurred or suffered by the participant by reason of or in connection with the followings :
- Any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Website Provider;
- Interference by computer virus, corrupted data, malfunctions;
- Any failure or delay attributable to CARDPOW! by its service provider;
- Failure or delay due to causes beyond the control of CARDPOW! including causes such as strikes, industrial action, civil disturbances, flood, earthquake, landslides or Acts of God or computer, electronic, communications or electrical systems failures of any nature whatsoever, breakdown, interruptions, non-supply, failure in the supply of electricity or power for any length of time;
- Any inaccuracies, errors, defects of any content of CARDPOW! or other website linked to CARDPOW!;
- Any operation malfunctions or defects of the participant’s computer terminal, systems or software used in accessing CARDPOW!;
- Any access, use or inability to access or use this CARDPOW! and/or any other website linked to CARDPOW!.
Cardpow Sdn. Bhd. accepts no responsibility for POW Points lost, Rewards items redeemed missing, damaged or delayed in the post, or due to computer error in transit. Entries made online using methods generated by a script, macro or the use of automated devices will be void.
Rewards and Vouchers
All Reward items and vouchers provided through our website are purchased from reputable sources. To the best of our ability, knowledge and belief, each item has been checked and is free from defect. In addition, we are not responsible for any defects in the item or voucher that may result from shipping, handling or simple wear and tear.
Rewards is/are not exchangeable for cash, goods, credit or other prizes of any kind and there is no cash alternative. In the event of a prize being unavailable for any reason Cardpow Sdn. Bhd. reserve the right to substitute, replace rewards of equal or greater value or of equal quantity in total value at any time.
Selected items may be sent to participants via normal post and/or courier and selected items will require the participant to collect them from our office at: 10-1A, Jalan Puteri 2/6, Bandar Puteri, 47100 Puchong, Selangor.
Rewards are delivered within 2-4 weeks upon redemption date.
Each Game Round begins and ends at stipulated date as decided by Cardpow Sdn. Bhd. Round information will be made available to users before the start of the new Round.
Extra and unused POW Points may be disposed off, reset or converted at the discretion of Cardpow Sdn. Bhd. and participants will be notified of the disposal or conversion method. The conversion method will vary for each Round.
All reward items are available on a first-come-first serve basis. Reward items may or may not be replenished depending on stock availability.
Participants must provide accurate mailing details. Cardpow Sdn. Bhd is not responsible if the item is sent wrongly or undelivered due to incorrect mailing details.
There is no entry fee and no purchase is necessary to participate.
All POW Points are not transferable or to be combined with another participant.
Cardpow Sdn. Bhd. reserves the right to make amendments at anytime without notifying its users.
Intellectual Property and Copyrights
CARDPOW!, comprising all its content, materials, documents including but not limited to its trademarks/service marks, logos and other intellectual property rights of Cardpow Sdn. Bhd. in CARDPOW! encompassing all information, details, graphics, data files, text, sound recordings and arrangements of the same are the wholly owned and copyrighted work of CARDPOW!, and shall vest and belong to CARDPOW!.
None of the materials posted herein shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of CARDPOW!.
Customers who post their own proprietary information or phot on CARDPOW! thereby grant consent and a license to CARDPOW! to use that proprietary information on CARDPOW! at no cost to CARDPOW!, its agents, or assigns. CARDPOW! has the exclusive right to use anything posted by the participant on CARDPOW! in any way it deems appropriate on CARDPOW!. This includes allowing or prohibiting the use of the posted information, including reproduction, distribution, translation and adaptation, inclusion in compilations or databases, or communication to the public.
In the event of a breach of the intellectual property rights hereunder these Terms and Conditions, CARDPOW! may resort to any available legal remedies, which may include a demand for actual or statutory damages, attorney fees, and injunctive relief.
Participant’s grant CARDPOW! the irrevocable permission to use, reproduce, publish, display, transmit, copy, amend, store, sell and sub-licence your participation worldwide for such promotional purposes and for the purposes of CARDPOW! promotions.
All trademarks, service marks, trade names, trade dress, product names and logos appearing on the site are the property of their respective owners. Any rights not expressly granted herein are reserved.
Site Usage and Restriction
Participant is not allowed to perform any form of unacceptable conduct to CARDPOW! and CARDPOW! Spin the Wheel. Examples of unacceptable conduct include, but not be limited to, hacking the software, stealing the account or nickname of another user, sending a Trojan, worm, time bomb, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above.
Participant agrees not to damage, interfere with, or corrupt the Website or its normal functioning
Participant shall not submit or transmit any image or program that would violate the property rights of others, including unauthorized copyrighted images or programs and trademarks or Website marks used in an infringement act.
Participant shall not interfere with other users in any way on CARDPOW!.
Customer shall not submit or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features onto CARDPOW!.
Without assuming the responsibility therefore, Cardpow Sdn. Bhd. reserves the right to restrict conduct and/or take measures against conduct, which Cardpow Sdn. Bhd. shall deem in its sole discretion to be harmful or offensive to other users is unacceptable for any reason or no reason whatsoever or otherwise detracts from Cardpow Sdn. Bhd. or adversely affects CARDPOW!, its business or software in any manner whatsoever.
Termination of Use
Participant may terminate the use of CARDPOW! Spin the Wheel and close the participant account. However, any contractual obligations incurred before the termination of the account shall remain in full force and effect until participant completely discharge them by paying for any outstanding purchases and any applicable taxes or delivery charges.
Cardpow Sdn. Bhd. reserves the right to terminate the participant from using CARDPOW! and the participant’s account at any time without notice and without any obligation to give any reasons therefore or if, in its sole discretion, it determines that the participant has engaged in any prohibited or unacceptable conduct and/or unlawful activity.
The participant acknowledges and agrees that the participant shall deal directly with the manufacturer on any warranty issues attached onto any item redeemed from CARDPOW!.
Any case on product quality issue will be handled by our customer support only within 15 days after the participant has received the product. Cases that are submitted later than 15 days after product has been received will not be handled.
The Customer agrees that the Website is an avenue for the participant to participate in CARDPOW! Spin the Wheel, and further agrees that CARDPOW! is immune from any liability for damages, loss and/or expense to the fullest extent contemplated under the law including but not limited to any damages caused by:
- The misuse or use of an item in any manner or its use in any unreasonable manner;
- Normal wear and tear of the item;
- Willful or negligent damage to the item, the risk of which is borne by the participant; and
- Assumption of the risk by the harmed person.
If the item or voucher proves to be non-conforming or defective or expired, CARDPOW! has the option to replace the item with a conforming, non-defective item, renewed voucher. Items replaced during the warranty period are supplied with a new warranty equal to the duration of the original sales warranty. If an item is first repaired during the warranty period, the sales warranty shall be extended by the period of repairs.
In the event that the item purchased is defective or damaged in transit, the participant must inform by e-mail to firstname.lastname@example.org within three (3) days after receiving the redeemed item.
Buyer may return the item but item must be in the original package, unused and not damaged.
Amendment of Terms and Conditions
Cardpow Sdn. Bhd. may unilaterally amend and add to these Terms and Conditions on CARDPOW! without notifying the participants.
Amendments or additions to the Terms and Conditions shall enter into force immediately upon their publication on CARDPOW!.
The participant should be able to view the revised Terms and Conditions upon access at CARDPOW!, and the use of Cardpow Sdn. Bhd. thereafter shall constitute the participant’s consent and acceptance to the variations, amendments and/or additions, supplements therein after appearing.
Reliance Information – User Content, Links, Third Parties
CARDPOW! may contain (a) links to other sites operated by third parties, (b) advertisements and/or sponsorships provided by third parties, and (c) stores, services, or product lines offered by third parties ((a), (b) ,and (c) are collectively, Third-Party Materials.).
We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable third parties.
We are not responsible for any acts or omissions of such third parties.
We do not review, approve, endorse, guarantee, warrant, or make any representations whatsoever with respect to Third-Party Materials or the applicable third parties. We shall not be responsible in any way whatsoever in so far as your dealings with such third party or parties. By way of example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that these third party sites do not contain viruses or other features that may adversely affect your computer.
You use all Third Party Materials and interact with such third parties at your own risk. We shall not be obliged in any way to involve in any disputes you may have with or against any such third parties. You should carefully review the applicable third party privacy statements and other terms and conditions of use.
You hereby release and discharge us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitors or users to our site, or by anyone who may be informed of any of its contents.
You are solely responsible for conducting your own due diligence of any item redeemed through our site which shall include but not limited to, carefully reading all descriptions of the items and noting any uploaded images associated with the items featured on our site.
Please note that all images along with measurements noted alongside the items are based on images and approximations/estimations obtained from third party sources determined from our supplier or internet sites. We are not responsible for any discrepancies between the actual item and the color, shape and/or descriptions/measurements stated on our site.
Customer Data and Personal Data Protection Act
Cardpow Sdn. Bhd. shall use the Data collected from the participant to deliver to the participant the advertisements and offers to the participant’s e-mail address, fax, telephone, voice mail, and other appropriate mode of communication to the participant. The Website Provider, with the Data, shall also collate, develop, and personalize CARDPOW! services to the participant.
Participant understands and accepts that Cardpow Sdn. Bhd.is not an agent, employee, broker, or representative of the participant. Participant also understands that the Website Provider does not owe the participant any duties other that those expressly set forth in these Terms and Conditions.
The participant’s Data will not be provided to third parties for purposes other than the above and only such Data as is required will be provided.
Cardpow Sdn. Bhd. reserves the right to revoke any contract entered into with the participant if the participant engages in inappropriate conduct. Examples of inappropriate conduct include the use of scripts to take control of CARDPOW!, as well as the use of CARDPOW! to harass others or to foist pyramid schemes on others, and such other misconduct beyond the comprehension of Cardpow Sdn. Bhd. that compromises CARDPOW! and the position of CARDPOW!. In responding to inappropriate conduct of the participant, Cardpow Sdn. Bhd. may block the usage of CARDPOW! and/or close the user account that is the source of the inappropriate conduct in question, and Cardpow Sdn. Bhd. also reserves the right to refer the matter to the corresponding authorities to seek relief from a court of competent jurisdiction, or may take any other action deemed appropriate.
CARDPOW! will use any personal information that you provide with your participant for the purposes of CARDPOW! Spin the Wheel and, where you have given your consent, for marketing purposes including the distribution of regular email updates or newsletters. Any personal information relating to entrants will be used solely by us in accordance with applicable data protection legislation.
All Reward redeemers unconditionally agree (as a condition of accepting any Reward) to: (a) the use of their name, one or more photographs of themselves and (b) co-operate with or participate in any other reasonable post-Competition publicity.
For more information, please refer to the Privacy Statement and Consent to Use of Personal Data below.
In addition to these Terms and Conditions, the relationship between participant and CARDPOW! shall be governed by Cardpow Sdn. Bhd.
Any disputes arising from the use of CARDPOW! shall be settled by negotiations. If negotiations fail, the dispute shall be settled by the court of law.
These Terms and Conditions constitute the entire agreement between Cardpow Sdn. Bhd. and the participant.
Privacy Statement and Consent to Use of Personal Data
This Personal Data statement is prepared by Cardpow Sdn Bhd pursuant to the provisions of the Personal Data Protection Act 2010. In this statement, “Personal Data” shall mean your name, age, gender, date of birth, identity card (IC), home and/or mailing address and/or other alternative address(es), email address(es), telephone number(s), photograph, compiled, processed and maintained within Cardpow Sdn Bhd and/or its related and/or associated companies and affiliates, within and outside of Malaysia, if any (“Company’”).
Consent to Use of Data
By your participation in this forum or exercise and by your voluntary submission of your personal particulars herein, you acknowledge that you have reviewed the terms of our Privacy Statement and Consent to Use of Personal Data (“Privacy Statement and Consent”) and that you agree that we may collect personal data from you in order to facilitate our communication process with you. Provision of your Personal Data is voluntary and optional. If you do not agree with these terms, you may choose not to participate in this forum or exercise. This Privacy Statement and Consent shall be governed by and construed in accordance with the laws of Malaysia. The Company reserves the right to update or modify this Privacy Statement and Consent at any time and from time to time without prior notice. Should you have any questions about the Privacy Statement and Consent, please contact us as provided below.
What Information Do We Collect and Purpose
The Company collects your Personal Data and will store such Personal Data within its databases in an effort to enable and improve the Company’s services to provide its customers accurate and relevant information about your spending pattern and behaviour, and for such other purposes as may be required in the rendition of the Company’s services to its customers and as may be required by law. The Company retains its rights to these databases and the information contained in them. The Company’s will create a profile that includes any information obtained from your Personal Data that is pertinent to your specific situation. The Company’s retains the right to combine such information with data gathered from other sources.
Transfer of your Data Abroad
By voluntarily providing us with your Personal Data, you also consent to the transfer and process of such Personal Data in jurisdictions other than Malaysia, to the officers and servers of the entities within the Company’s located in Malaysia and in other countries (if any).
Disclosure to Third Parties
The Company’s retains the right to share your Personal Data with its customers, where required by law or where disclosure is necessary in compliance with applicable laws, legal processes and/or queries from relevant authorities.
Access and Correction of Personal Data
You may, at any time, request the Company’s to access and/or make any corrections to your Personal Data by contacting us as provided below. The Company’s, however, retains the right to refuse your foregoing request in circumstances where, amongst others, potential repetitious or vexatious requests, the cost and expense of such provision of access to you is disproportionate to the risks to your privacy, where the rights of others may be violated, and/or where such accession to your request may result in prejudice being occasioned to the proper discharge of the Company’s’s regulatory functions. The Company’s retains the right to impose an appropriate fee for the process of your request to access and/or make corrections to your Personal Data. Any such accession to your said request does not in any way invalidate this Privacy Statement and Consent.
Please note that although after receiving any request to update, correct or delete any part of your Personal Data, we will make reasonable efforts to effect such change promptly, it is not always possible to complete the process before another communication is distributed. We apologize for any inconvenience this may cause. Even if you have requested for the removal of your Personal Data or any part thereof from our archives and/or database, the Company’s reserves the right to retain it in our files, system and/or database in limited circumstances which includes but not limited to situations when such Personal Data may be necessary to honor your request to opt out of further communications, resolve disputes, troubleshoot problems. Should the Company’s be required to retain any portion of your Personal Data for such purposes, we shall use all reasonable efforts to limit such Personal Data to what is necessary to accomplish the particular purpose.
Your Rights to Limit the Process of your Personal Data by the Company’s
The Company’s shall keep your Personal Data only for as long as reasonably necessary for the purposes for which it was collected or obtained or to comply with any applicable legal reporting or document retention requirements. We will take reasonable steps to update, correct, or, upon your request, delete your Personal Data within our possession that you have previously provided.
If you wish for the Company’s to cease all process of your Personal Data for any reason or purpose whatsoever and/or if you wish for the Company’s to change the manner in which it processes your Personal Data, you may request for the Company’s to do so by writing to the Company’s as provided below.
Public and Unsolicited Information
This Privacy Statement and Consent shall not apply to readily available or unsolicited information that is posted to any public areas, such as bulletin boards, chat rooms and/or comment areas. If you choose to include your Personal Data in such or like circumstances, we shall use such Personal Data only as provided herein this Privacy Statement and Consent, but we must caution you that, because such information was made available in a forum accessible by the public, the use and disclosure of information by others shall not be monitored or controlled in any way by the Company’s nor are such activities governed by this Privacy Statement and Consent.
The company takes reasonable steps to protect any Personal Data that you provide to us and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Nonetheless, please be reminded that no internet or email transmission is ever fully secure or error free. You should therefore take special care in deciding what information you send to us.
Enquiries and Contact
Please feel free to contact us if you have any questions about the Company’s Privacy Statement and Consent or the information practices contained herein.
You may contact us as follows:
Cardpow Sdn Bhd
10-1A, Jalan Puteri 2/6,
T: +603 8062 7677