PENANG360 welcomes you to its website, penang360.my (the “Site”). The following Terms of Service (“Terms”) govern the use of the Site (the “Service”). By using or visiting the Site, including but not limited to participation in its postings, blogs, user profile, or social media, you expressly agree to be bound by these Terms and to follow them and any applicable laws and regulations. PENANG360 reserves the right to change the Terms, at any time, without notice. Failure to follow these Terms may result in suspension or termination of your access to the Service without notice.

‍Definitions

‍In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:

a) “Account” means Member’s account containing details including Membership ID, Member’s Personal Information, redemption and transaction history, the record of accumulated rewards and rewards balance;

b) ‘Electronic Equipment’ means the equipment provided by PENANG360 or its assigned electronic equipment provider to the Merchant in respect of Programme such as device, tablet, or QR Code Scanner;

c) “Member” or “Members” means an individual(s) who has/have personally signed up, applied for, and has/have been accepted by PENANG360 as participating member(s) of the Programme and granted a Penang360 Card by the Terms and Conditions set forth herein;

d) “Membership Identification” means identification of membership (including Password, Member’s ID, and PIN) under the Programme by these Terms and Conditions;

e) “Merchant” or “Merchants” means the participating merchant(s) of the Programme;

f) “Web Application” or “Mobile Application” means the web and mobile application(s) owned and operated by PENANG360 about Programme;

g) “Programme” or “Penang360” means PENANG360 Programme operated by Snowball Capital Partners Sdn Bhd;

h) “Rewards” means the products, services, vouchers, rewards, gifts, giveaways, or other benefits made available by Merchants under the Programme which Members may redeem;

i) “Penang360 Card” or “the Card” means PENANG360 Membership Card incorporated with Wallet Credits;

j) “Penang360” means Snowball Capital Partners Sdn. Bhd. (Company No. 1311041-W), a company incorporated in Malaysia under the Companies Act 2016;

k) “Website” means the website owned and operated by PENANG360 about the Programme and located at penang360.my or any other addresses that PENANG360 deems fit from time to time.

1. Your Registration Obligations

1.1) To use specific site features, you may be required to register with penang360.my. PENANG360 will treat your personal information by our Privacy Policy. Considering your use of the Service, you agree that any registration information you provide to PENANG360 will always be your personal information and is accurate, authentic, and complete. PENANG360 reserves the right to suspend or terminate your account, in its sole discretion, and refuse any current or future use of the Service to you, or any portion thereof, should you fail to abide by the Terms of Use or you provide PENANG360 with any information that is not your own or inaccurate, untrue or incomplete.

2. Use of Material Posted by You

2.1) User hereby grants to PENANG360 and its affiliates and subsidiaries an irrevocable, transferable, paid-up, royalty-free, perpetual, unrestricted, worldwide license to use, reproduce, translate, sublicense, copy, print, display, modify, edit and create derivative works from and distribute or otherwise use and reproduce any information or materials, including, but not limited to, reviews, messages, comments or content that users post, upload, submit or transmit in areas on the Site without compensation, notification or other consideration to the user in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes.

3. Site Editing and Deletions

3.1) PENANG360 reserves the right, but undertakes no responsibility, to review, edit, alter or delete any material provided, or any part thereof, submitted or uploaded on the Site by the user, in its sole discretion, without notice. PENANG360 has no obligation to display, authorize or otherwise use or display on the Site any reviews, comments, or other materials or information submitted or provided by the user.

4. Materials Posted by Others

4.1) PENANG360 hereby disclaims any responsibility or liability concerning any information or materials posted by others, including defamatory, offensive, illicit material, or other material or information that violates the Terms herein.

5. Reviews

5.1) Authorized users can post reviews of events, businesses, and other entertainment features listed on the Site. Reviews do not reflect the views of PENANG360, its parent, affiliates, subsidiaries, or their respective employees, officers, or directors. PENANG360 hereby disclaims any responsibility or liability for any review, claims, damages, or losses resulting from any site use or the materials contained therein.

6. Third-Party Sites

6.1) The Site may contain links or produce search results that reference or link to websites wholly owned and controlled by third parties (“Third-Party Site”). PENANG360 hereby disclaims any responsibility or liability for the accuracy or inoffensiveness of the content or information that is contained and provided by the Third-Party Sites. By using the Site to link to a Third-Party Site, you agree that PENANG360 will not be liable to you for any damages or losses from your use of the Site to connect to the Third-Party Site.

7. Mobile

7.1) PENANG360 offers mobile SMS/text messages and mobile alert updates as a text-messaging/mobile email service. You agree that these Terms of Use and PENANG360’s Privacy Policy apply to the mobile service. Please be advised that you may be charged a fee to send and receive messages and alerts based on the terms of your telco service provider. Please get in touch with your telco service provider if you have questions about your service plan and the applicable rates.

8. Contests, Promotions, or Giveaways

8.1) From time to time, PENANG360 may offer, as part of the Services, either on or through the Site, contests, promotions, or giveaways (collectively, "Rewards"). Members may be required to complete a registration form to participate in Rewards. Upon submission, all registrations become the exclusive property of PENANG360. Registered users (each a "Registered User") are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Rewards unless the Rewards description invites a user to register multiple times. PENANG360, at its sole discretion, may suspend or revoke the registration of any Registered User.

8.2) Registered Users agree to release PENANG360 and its agents, advertisers, sponsors, or promotional partners, from all liability arising from participation in any of the Rewards located on, or accessed through, the Site. PENANG360 is not responsible for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions which may limit any Registered User's ability to participate in any Rewards.

8.3) Each Registered User agrees to be bound by the rules of any Rewards. Registered User who violates any of the rules or guidelines for behavior published on the Site, or the site where the Rewards is conducted, are subject to immediate disqualification and revocation of their registration. PENANG360 is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

8.4) Some Rewards may offer prizes to Registered Users. All prizes are subject to the official contest rules published with that Rewards.

9. Advertising

9.1) Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information. The manner, mode, and extent of advertising by PENANG360 on the Services are subject to change without specific notice to you. Considering PENANG360 granting you access to and using the Services, you agree that PENANG360 may place such advertising on the Services.

‍10. Membership

‍10.1) Membership is open to residents of Malaysia and expatriates residing in Malaysia. There is no restriction for a non-resident traveler to register during the visit.

10.2) Membership is open to individuals 18 years of age and above. PENANG360 does not knowingly collect or solicit personal information from anyone under 18 or allow such persons to register. If you are under 18, please do not attempt to register on this website or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide personal information to or on this website. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. You may not have to be a member to participate in specific contests, giveaways, and/or special events; however, you must meet the designated minimum age requirements for the particular matter. PENANG360 will establish clear rules and terms for participation in each contest, giveaway, and/or special event and post this information on the Site.

10.3) An eligible individual may sign up and register for the Programme with Penang360 through the Website or by any other methods that PENANG360 may decide to implement and establish from time to time and may then earn points on various redemptions at participating Merchants’ outlets upon and subject to these Terms and Conditions;

10.4) By signing and submitting the application for membership, the applicants accept and agree to these Terms and Conditions.

10.5) Membership and Members’ entitlement to membership benefits and privileges of the Programme, including the redemption of Rewards, shall be by these Terms and Conditions.

10.6) Approval and grant of membership shall be at the sole and absolute discretion of PENANG360.

10.7) Each eligible individual shall only apply for and hold one (1) valid Card as a Member at any time. Each member will be issued a form of Membership Identification that PENANG360 deems fit.

10.8) PENANG360 reserves the right to reject additional or multiple applications if PENANG360 determines in its sole and absolute discretion that the same person makes the applications.

10.9) In valuing the customers, the membership is FREE from any registration, joining, or membership charges. Notwithstanding this, PENANG30 reserves the right to apply any charges and membership fees as it deems fit.

10.10) By signing up to the PENANG360 Programme, members covenants that they have received consent from their guardian/parent where required.

11. Penang360 Card

‍11.1) The use of the Penang360 Card by Members shall be by these Terms and Conditions and instructions of PENANG360, as notified from time to time. Members shall use Penang360 Card at their own risk.

11.2) Penang360 Card shall not be pledged by any Member as security for any purpose whatsoever.

11.3) Penang360 Card, the Rewards, and all the benefits and privileges of membership are non-transferable and non-assignable to third parties and exclusively reserved for the Members.

11.4) PENANG360 shall not honor any unauthorized use of the Penang360 Card, and PENANG360 shall forthwith invalidate Penang360 Card at its sole discretion.

11.5) PENANG360 reserves the right without incurring any liability in whatsoever form and manner to suspend the usage of Penang360 Card for redemption services at any given time if any technical failure occurs in the Penang360 network or the redemption services are being upgraded, modified, or maintained.

11.6) Penang360 Card is and shall at all times remain the property of PENANG360 and shall be returned to PENANG360 immediately upon cancellation or termination of membership and may be repossessed by PENANG360 at any time for any reason as PENANG360 deems fit.

12. Awarding and Redemption of Rewards

12.1) A Member’s Account must be in good standing upon the time of redemption or awarding.

12.2) A Member may redeem the Rewards earned at participating Merchants’ outlets or at any other places or method specified by PENANG360 from time to time. A Member may refer to the current list of Merchants available on the Website, Web or Mobile Applications, or any other sources determined by PENANG360.

12.3) When a Member redeems their Rewards, the Rewards shall be utilized on a first-in-out basis.

12.4) A Member may redeem their Rewards in full or partially, subject to compliance with the procedures for redemption.

12.5) PENANG360 reserves the right to suspend a transaction and/or reallocate, recalculate, reverse or adjust the Rewards or take any necessary action, with or without any notice if PENANG360 has a reasonable ground to suspect that the Rewards were awarded, earned, or redeemed fraudulently or in error.

12.6) Rewards are not exchangeable for cash and cannot be converted to currency.

12.7) A Member may check the history and record of Rewards, any other relevant information available under the Account at the Members’ own risk through the Website, or any other methods as PENANG360may decide to establish from time to time.

12.8) Rewards will be awarded or redeemed at the rate agreed between PENANG360 and the Merchant when a Member purchases goods or services at the Merchant’s outlets which may vary among the Merchants.

12.9) Any accepted redemption shall not be canceled, and the redeemed Rewards are not exchangeable for cash and are non-returnable unless otherwise stated. Any dispute concerning goods and services received as Reward shall be settled between the Member and the Merchant, service establishment, and supplier from which the goods or services were purchased. PENANG360 will bear no responsibility for resolving such disputes or the conflict itself.

12.10) The Programme and all Rewards are subject to availability and all applicable rules and terms and conditions (including booking requirements, cancellation restrictions, return conditions, warranties, and limitations of liability) imposed by the respective Merchant and PENANG360.

12.11) PENANG360 shall neither be liable nor held to be liable for any claims, loss, costs, expenses, or damages of whatever nature resulting from the redemption of any of the Rewards by the Members.

12.12) PENANG360 shall make no representation or warranty (express or implied) of any kind regarding the condition, fitness for purposes, merchantable quality, or otherwise of any products or goods or services or any Rewards supplied by Merchants or third party.

12.13) PENANG360 shall not be responsible for any failure or delay by a merchant or third party to supply such Reward.

12.14) PENANG360 shall be disclaimed for any delay in posting the Rewards transactions, accrual, and/or accumulation.

12.15) All awarding or redemptions of Rewards are subject to Merchant’s final acceptance.

13. Cancellation or Termination of Membership

‍13.1) A member may cancel or terminate the Membership at PENANG360 by returning the Card (if holding any) to PENANG360 and completing the required form.

13.2) Members shall opt to clear the remaining Rewards as all redeemable Rewards will be automatically forfeited upon cancellation or termination of the Membership.

14. Dispute

14.1) If there is any dispute on redemption services, a member must complete the particular request form and submit the forms with supporting documents as required at PENANG360 Web or Mobile Applications within seven (7) days from the date of transaction or dispute. Any submission after seven (7) days will not be accepted.

14.2) PENANG360 may settle the disputes as it deems fit at its sole and absolute discretion. The decision by PENANG360 shall be final and conclusive. PENANG360 shall not be liable or responsible for any breach of any duty of care owed to such Member by any of PENANG360’s employees, staff, or authorized personnel or any indirect, consequential, or economic losses, loss of profits, loss of opportunity, or punitive damages of any kind.

15. Indemnity

15.1) You agree to indemnify and hold PENANG360 and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any loss, liability, claim, or demand (including reasonable attorneys' fees) from any claim made by any party due to or arising out of your use of the Site, including your use of the Site to provide a link to a Third-Party Site or to upload content or other information to the Site.

16. General

16.1) These Terms and Conditions govern the membership (including redemption and Rewards by Members) and set out the agreement between PENANG360 and each Member regarding the Programme.

16.2) All Members agree that the Privacy Policy as stated on the Website shall form part of these Terms and Conditions. Acceptance of these Terms and Conditions by Members shall constitute the acceptance of the Privacy Policy. PENANG360 reserves the right to amend or supplement the Privacy Policy from time to time. Any amendments to the Privacy Policy will be posted on the Website.

16.3) All Members and applicants are advised to read the Privacy Policy before accepting these Terms and Conditions.

16.4) Members shall verify the accuracy of personal information, and Members shall notify PENANG360 of any changes to their data.

16.5) Member information such as Name, IC/Passport, and Email must be updated in your PENANG360 Account to be eligible to participate in PENANG360 Campaigns and for verification in cases of any dispute.

16.6) PENANG360 and the Merchants reserve the right to request the Member to produce their Member Identification and personal identification (including MyKad or Passport) to facilitate the verification purposes by the Privacy Policy.

16.7) PENANG360 reserves the rights at its sole and absolute discretion to amend or delete any of these Terms and Conditions at any time as it deems fit without prior notification to Members. Any variations, addition, or amendment to these Terms and Conditions will be posted via the Website no later than seven(7) days before the effective date of such modifications. Continuing use of Penang360 Card and engagement with the membership by Members shall constitute acceptance of any variation, addition, or amendments to these Terms and Conditions, and Member shall be bound by the same.

16.8) Members must check the Website for updates on Terms and Conditions from time to time.

16.9) PENANG360 reserves the right, at any time to vary, modify, replace, substitute, or terminate Programme or any Rewards, benefits, features, or privileges under the Programme without prior notification to Members and without being liable in any way to Members.

16.10) PENANG360 may, at its sole and absolute discretion, terminate the memberships without prior notification and forfeit all redeemable Rewards and reject any refund in the events of including but not limited to:-

i) A member accrues, redeems, or uses Penang360 Card, Membership (including any benefits and privileges) for any unlawful or fraudulent activity or in other manners which PENANG360 determines to be improper;

ii) A member breaches any of these terms and conditions;

iii) A member is deceased or is declared bankrupt; or

iv) A member does anything which may, in the opinion of PENANG360, lead to damage to the property of PENANG360.

16.11) PENANG360, its subsidiaries, related companies, Merchant, and its service providers, agents, or partners shall not be liable for any cost, expense, loss, or damages, whether direct or indirect, special or consequential or loss of business, revenue or profits, injury or damage to property or any nature suffered by Members or any authorized person by Members arising from:-

i) any omission, error, or inaccuracy of record, awarding, or redemption used in connection with the Programme;

ii) any technical malfunction, operator fault, error, deficiency, defects of the Penang360 Card or any part thereof;

iii) any act, error, delay, or default in carrying the redemption services and the Programme;

iv) withdrawal of any benefits or privileges conferred on Members under the Programme;

v) any act, omission, or error of its service provider, agents, employees, sub-contractor, business partners;

vi) any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material, and any claims arising out of any act or omission of Members;

vii) any suspension, deactivation, termination, or cancellation of account or membership;

viii) usage of redemption services by Members; and

ix) any circumstances beyond the reasonable control of PENANG360.

PENANG360 or Merchant may refuse a request for awarding or redemption on any transaction in the events as set out in (i), (ii), or (vii) above.

16.12) Members are responsible for the security of their Membership Identification. PENANG360 accepts no liability for the disclosure of the Membership Identification by the Member to a third party, whether intentionally or otherwise. PENANG360 reserves the right to protect an account from being accessed if PENANG360 has reasonable grounds to believe that the security of the particular account has been breached or is at risk of exposure.

16.13) While PENANG360 makes reasonable efforts to include up-to-date information on the Website and in all its publications, PENANG360 makes no warranties or representations regarding their accuracy, reliability, completeness, or otherwise. The contents, materials, products, or other services available in Penang360 publications or accessible through the Website are on an “as is” and “as available” basis. PENANG360 disclaims all warranties (express or implied), including but not limited to merchantability, fitness for purpose, and non-infringement, about the contents, materials, products, or other services published in any of its publications or available on the Website.

16.14) PENANG360 does not warrant that the Website will be error-free, free of viruses, bugs, online interruption, or other harmful threats. Members are responsible for implementing security measures on their computers or mobile devices before accessing the Website. PENANG360 shall not be liable in any way for any direct, indirect, punitive, incidental, consequential, or other damage howsoever arising out of any of the following;

a) the use of, or access to, the Website;

b) delay or inability to use or access the Website; and/or

c) any content, information, material, products, or services published in, posted on, advertised in, or obtained through PENANG360 publications, the Website, or otherwise.

16.15) Notice of any matter about the Programme shall be deemed informed/delivered to Members via any one of the methods as follows:

a) by posting on the Website;

b) by sending an email to Members who have provided email addresses to PENANG360;

c) by publication in social media;

d) by short messaging services (SMS); or

e) by Web or Mobile Applications.

16.16) All notices, requests, and/or other communications to be given by Members to PENANG360 under these Terms and Conditions must be communicated in writing and sent by hand, registered post, courier, or other postal service or electronic mail (e-mail) to the following address:

PENANG360

17-1-1, Bayan Point, Medan Kampung Relau, 11900 Bayan Lepas, Penang, Malaysia

privacy@penang360.my

16.17) PENANG360 may further establish rules, procedures, and policies about any matter regarding the Programme, all of which shall form part of the Terms and Conditions. These Terms and Conditions as set out herein shall prevail in the event of any conflict or inconsistency with any other documents, statements, rules, procedures, policies, or communications issued by PENANG360, including Frequently Asked Questions (FAQs) and advertising or promotional materials. These Terms and Conditions, together with the aforesaid further rules, procedures, and policies, shall constitute the entire agreement and understanding between PENANG360 and the Members concerning the Programme and shall not be subject to any other agreement, understanding, warranty, or representation not expressly contained or referred to in these Terms and Conditions and the aforesaid further rules, procedures, and policies.

16.18) If any of the provisions contained herein should be invalid, illegal, or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way such invalid, unlawful or unenforceable provision shall be deemed deleted.

16.19) No delay or indulgence by PENANG360 in enforcing any term or condition of these Terms and Conditions nor the granting of time by PENANG360 to Members shall prejudice the rights or powers of PENANG360, nor shall any waiver by PENANG360 of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

16.20) These Terms and Conditions are governed by the laws of Malaysia, and Members shall submit to the exclusive jurisdiction of the courts of Malaysia.‍