TERMS & CONDITIONS

1. GENERAL

Please read the terms and conditions (“Terms and Conditions”) set out below carefully before using emart24 mobile application (“App”) and/or its website at [https://emart24.com.my/#1] (“Website”) (collectively or individually referred to as “Platform”) operated by Emart24 Holdings Sdn Bhd (hereinafter referred to as “emart24”, “we”, “us” or “our” and where the context permits or requires, such term shall refer to the employees; and any entity controlled by, under common control with, or controlling Emart24 Holdings Sdn. Bhd.; and references to our “affiliates” are references to the partners, agents, service providers, and contractors of Emart24 Holdings Sdn. Bhd.).

2. ACCEPTANCE OF TERMS

2.1

By accessing to, downloading, installing or use of the App and your ordering via the Platform, you agree to be bound by these Terms and Conditions and the Terms and Conditions shall constitute a legal agreement between you and emart24. Where you submit to us any personal information, you must consent to the processing of the personal data by us in accordance with our Privacy Policy as set out at [https://emart24.com.my/privacy-policy/]
2.2

Capacity to contract: To sign-up to our loyalty program, you must be an individual of age 18 and above.
2.3

You enrolled yourself to our loyalty program when you download and sign up our App. A registered member who has an emart24 MY account (“Member”) can enjoy the benefits offered under the loyalty program including, Points Collection and Redemption while making purchases in any emart24 outlets or via App, reward in Stamp Card, E-Coupon/Voucher and get in touch with latest News & Activity of emart24 in Malaysia.
2.4

No physical card will be given to registered Member; Members will be required download the App from the App Store or Google Play and register via the App. To register, you are required to provide a Malaysia active mobile number, email address, and other contact information as may be required by us from time to time. Each mobile number and email can be registered for one emart24 MY account only.
2.5

You hereby warrant to us and all information provided to us are true, accurate and not misleading.
2.6

Upon completing the online registration form via the App, Members should receive an SMS with a 6-digit verification code (OTP code) to their registered mobile number to complete their member activation.
2.7

Membership is for a lifetime and will not expire unless there is a change in the Terms & Conditions.
2.8

This membership is only applicable for purchase made with emart24 MY within Malaysia.
2.9

Membership is not transferable.
2.10

Members should always update their registered contact details in their emart24 MY account to ensure that they do not lose their collected Stamp and coupon as well as to enjoy the full benefits of the program. To update personal details, Member can log in to their emart24 MY account by using their registered mobile number and password on the App.

3. POINTS COLLECTION

3.1

Points will be awarded to any transactions performed by a Member in any emart24 outlets (exclude self-check-out kiosk) or via the App (“Transaction”) except for the following transactions: purchase Tobacco, mobile prepay reloads, purchases of game point, bill payments and other services, redemption of gifts using points / vouchers or coupons, free gifts, take-away plastic bags at the counter and delivery fees.
3.2

Every ONE Ringgit Malaysia (RM 1.00) spent by a Member in a Transaction is equivalent to TEN (10) points (being RM 1.00 = 10 points), exclusive of any tax charged.
3.3

Each Transaction receipt shall entitle only one (1) Member to accumulate points.
3.4

For in store purchases, Member is required to present the App to show their membership ID (with active internet connection / electronic communication) to the cashier at the point of purchase to collect points, failing which the purchase in question will not be captured and no points will be awarded.
3.5

For in App purchases, points will be automatically accumulated upon successful payment made so long as the Member remain logged in with registered ID.
3.6

For purchase made via the Website, you are required to log in with the same registered mobile number and complete the Transaction using the same mobile number to collect points for any purchases, failing which the purchase in question will not be captured and no points will be awarded.
3.7

Points earned from a Transaction may take up to twenty-four (24) hours to be reflected in the App and redemption of points by a Member can only be done twenty-four (24) hours after the relevant Transaction.
3.8

Points collected shall be on a cumulative basis and shall expire on every 31st December (“Expiration Date”) with a maximum of 5,000 points to be carried forward to the next calendar year. Any points more than 5,000 not redeemed by the Expiration Date shall be forfeited automatically. For example, a Member has a total of 5,500 unutilized point on 31st December 2022, out of these 5,500 points, 5,000 points will be carried forward to the next calendar year and the remaining 500 points will be forfeited.
3.9

We reserves the right to, with or without notice, refuse awarding of any points or to forfeit points awarded if we conclude that the points were collected as a result of system error, fraud or in breach of the Terms and Conditions.

4. POINTS REDEMPTION

4.1

Points can be used to redeem Rewards via the App. A Member may redeem some or all accumulated points for Rewards subject to the Member complying with the procedures for points redemption as provided in the App.
4.2

Rewards redeemed with points may take up to twenty-four (24) hours to be reflected in the App.
4.3

Points will be deducted automatically from the App based on a first in first out basis, upon successful points redemption.
4.4

All completed points redemption shall not be revoked, cancelled, returned or refunded.
4.5

emart24 reserves the right to, at its sole and absolute discretion from time to time without prior notification, amend, modify, update, replace, substitute, change and / or terminate the Rewards and / or items available for redemption.
4.6

emart24 reserves the right to refuse any points redemption or to remove any Rewards redeemed with points were in error or suspects that the points were fraudulently accumulated or in breach of these Terms & Conditions regardless of whether notice is provided.

5. REWARDS

5.1

All Rewards are subject to in-store availability, on a “while stocks last” basis and may be applicable to selected (and not all) emart24 outlets or selected products only or exclusively on the Platform in Malaysia only.
5.2

emart24 may, at its discretion, replace or substitute any Rewards with any other rewards of similar or equivalent value without prior notice.
5.3

Any Rewards earned are non-transferable, non-assignable, not for sale to any third parties and not exchangeable for cash.
5.4

Any Rewards earned shall only be redeemed once and at any participating emart24 outlet or exclusively on the Platform in Malaysia only. Any unutilized Rewards after the applicable expiration date shall be forfeited, not reinstated and not refundable.
5.5

emart24 reserves the right to refuse any or to remove any Rewards that were in error or suspects that the points were fraudulently accumulated or in breach of these Terms & Conditions regardless of whether notice is provided.

6. PROMOTIONS

6.1

(Promotion) We may from time-to-time conduct marketing and promotional campaigns which includes offers, promotional discounts, promo codes, loyalty stamp collections, stamping promotions and / or other promotional offers in any manner or form as it deems suitable including Vouchers (“Promotions”) on the Platform.
6.2

(Vouchers) We may from time to time offer, whether as a Reward or for purchase, one or more vouchers, coupons, voucher codes or in any other manner or form as it deems suitable (“Vouchers”) on the Platform. For the avoidance of doubt, Vouchers shall include vouchers, coupons, discounts, rebates and products earned as a Member.
6.3

Please note that Vouchers are non-exchangeable, non-refundable and cannot be exchanged for cash.
6.4

Promotions and Vouchers may be subjected to other terms and conditions as stipulated by emart24 and may not be valid when used in conjunction with other Promotions, discounts or other Vouchers.
6.5

Promotions and Vouchers are subject to validity period, redemption period, in-store availability, on a “while stocks last” basis and may be available on selected (and not all) emart24 outlets or selected products only or exclusively on the Platform in Malaysia only.
6.6

emart24 may, at its discretion, replace or substitute a particular Promotion or Voucher with any other Promotions or Vouchers of similar or equivalent value without prior notice.
6.7

emart24 reserves the right to void, discontinue or disqualify you from any Promotions or Vouchers without prior notice, in the event you have breached any part of these Terms and Conditions.

7. LIMITATIONS OF USE OF MEMBERSHIP

7.1

Your account (and, by extension, the membership) may not be transferred, exchanged or used for any other purpose, except as specified in these Terms.
7.2

We reserve the right to refuse any application for the emart24 MY account or to impose limitations on the usage of the account (and, by extension, the Member’s benefits), in the event we believe that the elements of fraud, misconduct or unauthorized use involved in the transaction. We may at any time suspend or cancel the Member’s account (and, by extension, the Membership) of the Member if we believe that the Member’s account has been used for or is intended to be used for fraud, misconduct or other unauthorized uses. In the case of such an event, the Membership will be invalid once suspended or cancelled by us and all the Points, Stamp and e-coupon in the Member’s account will be forfeited.
7.3

We will not be liable for any damages of any kind arising from the use of this services, including, but not limited to direct, indirect, incidental punitive, and consequential damages.
7.4

Notwithstanding the above, nothing in these Terms shall affect the statutory rights of the Member.

8. AMENDMENT OF THESE TERMS AND TERMINATION

8.1

emart24 reserves the right to amend the Terms and Conditions at any time or terminate this Program by giving reasonable notice to Members. Any amendment to the Terms and Conditions will be posted on emart24’s official social media platform (Facebook or Instagram) or sent to the Members via email.
8.2

The amended Terms and Conditions will take effect immediately upon being posted on our social media, the Platform or being emailed to Members. In the event emart24 decides to terminate this Program, emart24 will give a 30 days’ notice to Members.

9. GOVERNING LAW AND JURISDICTION

9.1

This Agreement, including any amendments thereto that we may from time to time make at its discretion, are governed by and construed in accordance with the laws of Malaysia. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (“AIAC”) and must be conducted in accordance with the then-current AIAC Arbitration Rules (“Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Malaysia consisting of 1 arbitrator chosen by emart24. The language of the arbitration shall be English. You agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.

10. SEVERABILITY

10.1

Any failure to enforce any provision of this Agreement on the part of emart24 will not be deemed a waiver of that provision. Any waiver of any provision of this Agreement by emart24 on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provision.

11. ENTIRE AGREEMENT

11.1

This Agreement (together with the additional terms and conditions referred hereto or generally) represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements and representations, written or oral (including without limitation, earlier version of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your continued use of any of the emart24 services or continued maintenance of an account with emart24 shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.

12. THE ONLINE ORDERING PLATFORM

The emart24 Online Ordering Platform allows you to place orders for products made available on the Platform (“Order”) and you may choose for such Order to be delivered by independent third-party delivery service provider(s) (“Delivery Service Providers”) or in-person pick-up of the Order directly from a emart24 outlet. You acknowledge and agree that such Delivery Service Providers are neither your agent nor the agent of the riders or employee, agent or representative of emart24 and you further acknowledge and agree that such Delivery Service Providers (including its respective riders) are third party independent contractors who are merely facilitating the services provided on the Online Ordering Platform made available on the Platform. In this regard, to the fullest extent permitted by law, emart24 shall in no event be held responsible or liable for any losses, damages, rights, claims or cause of action of any kind incurred, suffered, sustained by you or any third party as a result of any conduct, act or omission including the negligence or default arising from the Delivery Service Providers or riders of the Delivery Service Providers.

13. ORDERS

13.1

You understand that any Order that you make through the Platform shall be subject to actual product availability, on a “while stocks last” basis and delivery location availability notwithstanding the availability as indicated on the Platform.
13.2

Operation hours for the services provided on the Platform may vary depending on location and may not be consistent with emart24 outlets’ operation hours.
13.3

You are required to input a complete and accurate delivery address for the Platform to display participating emart24 outlets available within the relevant delivery area.
13.4

You are required to input a complete and accurate address or location for the Platform to display participating emart24 outlets available within the relevant area in which you would like to pick-up the product(s) from.
13.5

To complete an Order, you are required to follow the instructions on screen after clicking “Add to Cart”.
13.6

You may be required to provide additional details for us to complete your Order, this includes contact details, delivery address, selection of payment method and details relating to the selected payment method such as credit / or debit card details. Your unique password should not be shared with anyone and you are solely responsible for keeping your password safe.
13.7

You are required to review and confirm that all the information provided are complete, accurate and truthful. Such information includes the product purchase, quantity, amounts, delivery details or pick-up details, personal details, payment information, Promotions / Vouchers (if applicable), etc. before you click “Place Order”.
13.8

emart24 may reasonably attempt to comply with your special instructions for an Order. However, in some cases where that is not feasible or not commercially reasonable (as determined at the sole discretion of emart24), emart24 reserves the right to prepare the Order in accordance with its applicable standard operating procedures and emart24 shall not be held liable to replace or refund an order which does not comply with your special instructions.
13.9

emart24 is not obligated to provide ingredient information or allergen information on the Platform. Further, emart24 does not guarantee that the products sold by emart24 are free of allergens.
13.10

All visuals shown on the Platform are for illustration purposes only and emart24 does not provide any warranty or guarantee as to the accuracy, reliability or suitability of the products shown on the Platform.

14. PAYMENT MODE

14.1

Please note that cash on delivery (COD) is not available on the Platform. We accept the following payment methods on the Platform (subject to availability as indicated on the Platform from time to time):
- online bank transfer
- credit card / debit card
- selected digital wallet / e-wallet.
14.2

All payment shall be made at the point of Order on the Platform, before a product can be delivered or picked-up by you at the selected emart24 outlet.
14.3

If the payment cannot be processed or is incomplete, the Order will not be accepted and no Confirmation will be provided by emart24.
14.4

emart24 is not liable for any issues arising from the payment process. You are advised to contact your card issuer / bank / e-wallet provider to resolve any issue concerning the use of your card / online bank transfer / e-wallet in order to continue with the Order.
14.5

emart24 shall not be liable for any credit card / debit card / online bank transfer / e-wallet fraud or abuse.

15. DELIVERY

15.1

You may check the estimated delivery time of the Order by clicking “Account > Orders” on the Platform. You acknowledge that the delivery time provided is only an estimate and the Order may be delivered earlier or later depending on factors beyond emart24’s or the Delivery Service Providers’ control including but not limited to distance, time of the day (peak periods), weather conditions, traffic conditions, road accidents, unforeseen incidences or any Force Majeure Events.
15.2

Delivery may not be available during certain day(s) or time(s)due to factors beyond our control including but not limited to peak periods, unavailability of the Delivery Service Providers, staff shortages, weather conditions, road accidents or any other unforeseen circumstances.
15.3

Delivery fees may differ depending on your location.
15.4

emart24 shall not be held liable for any unsuccessful or failed delivery of Order that encounter delivery issues due to reasons caused by you or the Delivery Service Providers and no re-delivery or refund is allowed. This includes but not limited to any fraud, incorrect or incomplete details including contact details, payment details and delivery address. No one was present or available to receive the Order or lack of suitable or secure location to leave the Order. Late delivery by the Delivery Service Providers.
15.5

Subject to the Refund and Cancellation Policy (as defined below), please contact the Live Chat immediately in the following circumstances:
- Upon receipt of your Order, you discover that there are issues with your Order such as wrong products, expired products, defective products, or missing products; or
- If you have not received your Order within ninety (90) minutes from receiving the Confirmation; or
- If you receive your Order after ninety (90) minutes from receiving the Confirmation.

16. SELF PICK-UP

16.1

Please note that you are only allowed to pick-up the Order from the emart24 outlet you have selected and stated in the Confirmation.
16.2

An in-app “Ready-to-Pick-Up” notification will be sent to you when the Order is ready for pick-up (“Collection Time”).
16.3

An Order number ID will be generated in the App for each pick-up transaction upon a successful Order. You are required to present the order number ID on the App during the pick-up and emart24 reserves the right to refuse the pick-up if you are unable to present the order number ID. It is your responsibility to safeguard the order number ID, you agree not to hold emart24 responsible and emart24 shall not in any event be liable in the event your Order is picked-up by any third party presenting such order number ID relevant to your order. emart24 shall be under no obligation to verify the identity of any person presenting the order number ID.
16.4

emart24 agrees to hold the Order for you at the selected emart24 outlet for up to a period of two (2) hours from the Collection Time or such other reasonable duration as it deems fit (“Holding Time”). emart24 reserves the right to dispose, discard or deal with any products not picked up within the Holding Time in any manner as it deems fit at its discretion to avoid food contamination and to maintain food safety, hygiene and quality. In this case, you agree that emart24 shall not be held liable and you agree and understand that you will not be entitled to a refund.
16.5

In the event of unreasonable delays in pick-up due to any reason not caused by emart24, you shall bear the risk of any damage, loss of products or deterioration in quality or change in condition of the products. In this case, emart24 shall not be held responsible for the products and shall not be required to compensate for any loss or damages of products through use or consumption of the products.
16.6

It is your responsibility to check the completeness of the Order and / or products upon pick-up the Order at the selected emart24 outlet and shall immediately report any issues or defects of the Order and / or products to our staff present at the selected emart24 outlet before leaving the selected emart24 outlet. For the avoidance of doubt, we will not entertain any issues or defects on the products such as expired or defective products, missing products or wrong products after you leave the selected emart24 outlet.
16.7

We will not entertain any request for change of the selected emart24 outlet for pick-up and pick-up time after the Confirmation is issued.

17. REFUND AND CANCELLATION

17.1

All products offered and sold on the Platform would be subject to the emart24’s Refund and Cancellation Policy (“Refund and Cancellation Policy”).
17.2

Any products purchased via the Platform is not entitled for return or exchange save and except freshly made or ready-to-eat food and beverage products only (for clarity, fruit, grocery, non-food items, non-temperature sensitive products and all other general products not specifically stated herein are excluded) or where there are issues or defects with products, such as expired, defective, decayed, degraded, missing components or wrong products, in which case you should contact the Live Chat subject always that any return or exchange of products is subject to emart24’s sole discretion and one or more of the following as required by emart24:
- You are required to return relevant products to the nearest emart24 outlet (for delivery), the selected emart24 outlet from which the pick-up was from or the emart24 headquarters for verification and investigation purposes, whereby you should bear all costs associated with the delivery or return of such products.
- You must provide the receipt of the Order; and
- You must lodge a report with Live Chat within twenty-four (24) hours from receiving the relevant products otherwise we will not accept the said report or conduct any investigation.
17.3

We strongly advise you not to consume or ingest in any manner any freshly made or ready-to-eat food and beverage products of the Order in the event you receive such products after ninety (90) minutes from receiving the Confirmation as emart24 does not provide any assurance whatsoever on the food safety and quality. In this regard, to the fullest extent permitted by law, emart24 shall in no event be held responsible or liable for any losses, damages, rights, claims or cause of action of any kind incurred, suffered, sustained by you or any third party as a result of consuming or ingesting in any manner such products of the Order including but not limited to the decay or degradation by reasons of the product perishable nature, any food poisoning, personal injury or death incidents.
17.4

You have the right to cancel the Order only if you have not received the Order Preparation Notification and no cancellation fee will be charged. Should you proceed with any cancellation of the Order after receipt of the Order Preparation Notification, you understand and agree that no refund whether in part of in whole will be issued to you and you agree to forfeit the entire amount paid under your cancelled Order unless there are issues or defects on the products such as expired or defective products, missing products or wrong products, in that case you should contact the Live Chat and subject to Paragraph 17.2.1 to Paragraph 17.2.3 of Part 17, we will provide you with replacement products or refund, as the case may be.
17.5

emart24 reserves the right to cancel any Order in its sole discretion, including if it reasonably suspects or detects fraudulent behaviour or activity associated with your Membership and / or with your Order.
17.6

Any refunds will be done via the same payment method used when placing the Order and may take up to 30 days to process depending on your financial institution / e-money issuer, subject to you providing emart24 relevant details (if required). You may check the status of your refund by clicking “My Order” on the App.
17.7

emart24 shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in your financial institution / e-money issuer processing the said refund. emart24 shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in your financial institution / e-money issuer processing the said refund.

18. LIMITATION OF LIABILITY

18.1

To the fullest extent permitted by law, the total liability of emart24 for any claim arising from this Terms and Conditions, including for any implied warranties, is limited to:
- a total of Ringgit Malaysia Five Hundred (RM500.00) per order only;
- the value of the product; or
- the amount you paid for the product, whichever is the lower.