POH KONG JEWELAND TERMS & CONDITIONS
1.1 The Poh Kong Loyalty Programme ("Loyalty Programme") is operated through the mobile application (and its associated software). ("Poh Kong Jeweland", and such mobile application, the "Mobile App") and governed by the following terms and conditions and any other policies, FAQs, guidelines pertaining to the Loyalty Programme as may be in place from time to time ("Terms and Conditions").
1.2 Please read these Terms and Conditions carefully. By successfully signing up as a member to the Loyalty Programme through the Mobile App ("Member") and using the Mobile App, you are deemed to have read, understood, accepted and agree to be bound by each term and condition as contained in these Terms and Conditions. The Terms and Conditions stated herein constitute a legal agreement between you and Poh Kong.
1.3 Poh Kong reserves the right to, at its sole and absolute discretion from time to time without prior notification, amend, modify, update, change and / or terminate the Loyalty Programme and / or all or any portion of the Terms and Conditions ("Amendments", and "Amended" shall be construed accordingly); and any Amendments will be effective immediately upon posting of the same on the Poh Kong website at pohkong.com.my ("Website") and / or the Mobile App. Each Amended version of the Terms and Conditions shall apply and supersede all previous versions including the hardcopy version (if any). In the event of any inconsistency between these Terms and Conditions and any other material in any medium containing information on the Loyalty Programme, these Terms and Conditions (as Amended) shall prevail.
1.4 By signing up, you agree that it is your responsibility as a Member to keep yourself updated with the Terms and Conditions (as Amended). Any continued participation as a Member or use of the Mobile App after any Amendments to the Terms and Conditions shall constitute consent, acceptance and affirmative agreement by the Member to the Terms and Conditions as they exist from time to time, including, without limitation, the Amended Terms and Conditions. Poh Kong shall not be held liable for any loss, damage or expense accrued (regardless of whether Poh Kong receives prior notice or advice of the possibility of damage) as a result from any Amendments to the Loyalty Programme or these Terms and Conditions.
1.5 If you do not agree to or fall within the Terms and Conditions and wish to discontinue using the Loyalty Programme, please do not continue using the Mobile App or the Loyalty Programme and proceed with termination as set out in Paragraph 2.10 of this Terms and Conditions.
2.1 Membership to the Loyalty Programme is opened to all individuals aged eighteen (18) years old, subject to the following ("Membership"):
2.1.1 The Membership is not available to individuals that are not allowed for any reason whatsoever to enter into a contractual relationship.
2.1.2 Corporations, partnerships, limited liability companies, trusts, organisations, societies or any other legal entities are not permitted to apply or sign-up for the Membership.
2.1.3 Employees of Poh Kong, its parent company, subsidiaries, affiliates and related companies are allowed to apply or sign-up for the Membership as “Star” member.
2.2 To sign-up for the Membership via the Mobile App, no membership fee will be imposed. However, the application of the Membership must be accompanied by completion of details marked as mandatory fields in the sign-up page on the Mobile App. You shall ensure the details provided are true, accurate, current and complete. Point accrual begins after Membership application is completed and successful.
2.3 Each individual shall only be entitled to apply for one (1) Membership.
2.3.1 Multiple applications by an individual are not allowed. If a Member inadvertently creates one or more duplicate account(s), Poh Kong reserves the right to merge or consolidate the details and points earned on the duplicate account(s) of the Member into the Member's earlier account, retaining their original expiry date or forfeit such points earned on the duplicate account(s), and thereafter cancel all duplicate account(s).
2.3.2 Poh Kong shall not be responsible for any loss of Rewards (as hereinafter defined) earned, Membership privileges and / or services due to duplicate account(s) of a Member, regardless of whether such Member has knowledge of the duplicate account(s).
2.4 The Membership is non-transferable, non-assignable and is for the exclusive use of Members.
2.5 Membership shall be valid and used in any Poh Kong outlet and Poh Kong e-commerce within Malaysia only.
2.6 Poh Kong reserves the right to verify the eligibility of any individual who signed-up and may refuse the Membership application of any individual that provides inaccurate, incomplete details or it determines to be tampering with the Membership sign-up process including but not limited to providing inaccurate, incomplete or false details.
2.7 By utilising the Membership, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions and that you are at least eighteen (18) years old. By utilising the Membership, you further represent and warrant that you have the right, authority and capacity to utilise the Membership and to abide by the Terms and Conditions. Your use of the Membership is for your own sole, personal use. You further confirm that all the information provided by you shall be true and accurate. You undertake not to authorise others to use your identity or user status, and you may not assign or otherwise transfer your Membership account to any other person or entity. When using the Membership, you agree to comply with all applicable laws.
2.8 At any time where there is reasonable suspicion of any abuse and / or misuse of the Membership or any unethical behaviour in relation to Poh Kong, including but not limited to stealing, abusive or offensive behaviour, using the Mobile App for the purpose for which it is not intended to be used, acting in breach or potential breach of these Terms and Conditions and / or prolonged period of inactivity as deemed unsuitable by Poh Kong, Poh Kong reserves the right to suspend and / or terminate the Membership immediately and forfeit all Membership rewards, including but not limited to points accumulated, discounts, rebates, gifts, products, vouchers, coupons and / or any other benefits or privileges ("Rewards") earned without prior notification. For the avoidance of doubt, the termination of the Membership shall not require Poh Kong to compensate, reimburse or cover any cost or losses incurred by you in the course of you being a Member. No correspondence will be entertained.
2.9 It is your responsibility to check and ensure that you have downloaded the latest version of the Mobile App for your device. Poh Kong is not liable if you do not have a compatible mobile or electronic device or you have downloaded an outdated or defunct version of the Mobile App to your mobile or electronic device. Poh Kong does not guarantee that the Mobile App will function and remain compatible at all times on any particular mobile or electronic device.
2.10 Members shall have a right to terminate the Membership at any time either by sending a request via Poh Kong “Customer Support” page at or in the event of a prolonged period of inactivity as deemed unsuitable by Poh Kong, Poh Kong shall deem the Membership as being terminated, and any unutilised Rewards earned as at the date and time of the termination of the Membership shall not be refunded, is non-transferable, shall not exchangeable for cash and shall not be restored should the same individual re-sign-up as a Member after termination of the Membership.
2.10.1 Appeal of membership reactivation can only be done by sending a request through Customer Support.
2.10.2 Poh Kong reserves the right to accept or reject such application for membership reactivation at its sole and absolute discretion without assigning any reason.
2.11 By being a Member and / or using the Mobile App, you expressly agree that at all times:
2.11.1 You will only use the Mobile App for lawful purposes;
2.11.2 You will not use the Mobile App for sending or storing any unlawful material or for fraudulent purposes;
2.11.3 You will not try to harm the Loyalty Programme and / or the software of the Mobile App in any way whatsoever;
2.11.4 You will not copy or distribute the software of the Mobile App or any other content without written permission from Poh Kong;
2.11.5 You will keep secure and confidential your account password (if any) or any identification we provide you which allow access to the Loyalty Programme;
2.11.6 You will provide Poh Kong with proof of identity as it may reasonably request or require;
2.11.7 You acknowledge and agree that only one (1) registered number is entitled to one (1) account only;
2.11.8 You shall not employ any means to defraud Poh Kong or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by Poh Kong to encourage new subscription or usage of the Loyalty Programme by new or existing customers;
2.11.9 You shall not impair or circumvent the proper operation of the network which the Loyalty Programme operates on;
2.11.10 You agree that the Loyalty Programme and Mobile App are provided on a reasonable effort's basis; and
2.11.11 You agree that your use of the Loyalty Programme will be subject to Poh Kong's Privacy Notice (as hereinafter defined) as may be amended from time to time.
3.1 Points will be awarded to any Transaction made by a Member at any Poh Kong outlet and Poh Kong e-commerce except the following:
3.1.1 Voucher purchasing;
3.1.2 Corporate purchase;
3.1.3 Purchase return;
3.1.4 Rewards redemption;
3.2 Points will be awarded based on the type of purchases:
3.2.1 Every RM10 spent on any jewellery or services by a Member in a Transaction is equivalent to one (1) point (being RM 10 = 1 point)
3.2.2 Every RM100 spent on gold/silver bars & coins by a Member in a Transaction is equivalent to one (1) point (being RM 100 = 1 point)
3.2.3 Points are rounded up to the nearest whole number. For example, if a member spent RM 299 on jewellery, 30 points will be rewarded. Calculation is as follows: RM 299 x 1 point for every RM 10 spent = 29.9 points, which is rounded up to 30 points.
3.3 Points from one (1) purchase transaction/ receipt are entitled for one (1) account only.
3.4 Members shall be entitled to earn points for each Transaction receipt and based on the integer value per Transaction.
3.5 Member ID or phone number registered on Poh Kong Jeweland must be presented to the cashier at the point of purchase by a Member for the Transaction at any Poh Kong outlet to ensure that the spending amount is recorded and accumulated. Any failure to do so shall result in the amount spent not being taken into account for points accumulation and Poh Kong shall not be held liable for such failure.
3.6 Points earned from a Transaction may take up to twenty-four (24) hours to be reflected in the Mobile App and redemption of points by a Member shall only be allowed after twenty-four (24) hours has lapsed from the time of the Transaction from which the points were earned.
3.6.1 In the event points earned from a Transaction are not reflected in the Mobile App after twenty-four (24) hours, the affected Member shall kindly inform Poh Kong via the in-app vs page within fourteen (14) days from the date of the relevant Transaction by providing all the relevant information and any failure to do so shall result in the Member accepting the points balance as reflected in the Mobile App as correct and final without any further right to claim for unrecorded points and no further correspondence will be entertained.
3.6.2 Poh Kong reserves the right to correct the points balance provided in your Mobile App if we believe that a billing or accounting error has occurred regardless of whether notice is provided.
3.7 Points collected shall be on a cumulative basis subject always to any points collected from a Transaction must be redeemed within two (2) years from the end of the month in which the points were earned ("Expiration Date").
3.7.1 Points not redeemed before Expiration Date shall be forfeited without prior notification, not reinstated and / or refundable.
3.8 Poh Kong reserves the right to refuse awarding any points or to remove any points awarded if Poh Kong identifies that the points collected were in error or suspects that the points were fraudulently accumulated or in breach of these Terms & Conditions regardless of whether notice is provided.
4.1 A Qualifying Purchase is any purchase made at Poh Kong outlets and Poh Kong e-commerce within the “Membership Period” that is applicable to the Member's membership tier. The Membership Period for the Classic, Silver and Gold membership tier is 24 months from the date of purchase from Poh Kong outlet and points accumulated. There is no expiry to the Diamond membership.
4.2 A member shall earn points for each Qualifying Purchase except the following:
4.2.1 Corporate purchase, purchasing vouchers, purchase return (and any other item determined by Poh Kong from time to time in its sole discretion);
4.3 For the avoidance of doubt, any point which is not claimed on the same day of purchase will be forfeited and will not be subsequently credited to the membership account as Qualifying Purchase;
4.4 All points are non-transferable and cannot be combined amongst different membership accounts.
4.5 At the end of each Membership Period, or after any downgrade of a membership tier, the Member's points balance will be reset to zero.
4.6 Members will be immediately upgraded to a new membership tier on accumulation of the required points for the relevant membership tier.
4.7 Once a membership is upgraded or downgraded, the effective new membership period will be two years from the date of upgrade or downgrade, whichever is applicable.
4.8 A member shall be upgraded with immediate effect if the points accumulated for a higher membership tier - Silver (1,000-9,999 points), Gold (10,000-49,999 points) and Diamond (50,000 points and above).
4.9 Membership will automatically be renewed for two years for all Members who have spending or purchase at Poh Kong outlet required for that membership tier within the relevant Membership Period. Otherwise, the membership will be downgraded and points will be reduced to ZERO.
5.1 Unless expressly provided under these Terms and Conditions, each of the Rewards, in particular Rewards other than points, may respectively be subjected to other terms and conditions as stipulated by Poh Kong.
5.2 All Rewards are subject to in-store availability, on a "while stocks last" basis and may be applicable to limited (and not all) Poh Kong outlets or particular products only.
5.3 Poh Kong may, at its discretion, replace or substitute any Rewards with any other rewards of similar or equivalent value without prior notice.
5.4 Any Rewards earned are non-transferable, non-assignable, not for sale to any third parties and not exchangeable for cash.
5.5 Any Rewards earned shall only be redeemed once and at any Poh Kong outlet in Malaysia only. Any unutilised Rewards after the applicable expiration date shall be forfeited, not reinstated and not refundable.
5.6 Members shall pay the price difference if the Transaction value is higher than the amount of Rewards used for redemption. However, in the event where the Transaction value is lower than that of the Rewards, the price difference will not be refunded.
6.1 We at Poh Kong value and understand the importance of your privacy. By signing up for the Membership, you hereby giving your consent to the collection, usage and processing of your personal information as described in our privacy notice at www.pohkong.com.my ("Privacy Notice").
6.2 For more details on our personal data handling practices, kindly refer to our Privacy Notice.
7.1 Poh Kong shall not be liable for any loss or damage in the event of system halt, unavailability or non-performance of the Mobile App as a result of the following:
7.1.1 Mobile App system is down for maintenance;
7.1.2 Mobile App fails due to circumstances beyond its reasonable control, including typhoon, earthquake, tsunami, flooding, electrical power failure, war, acts of terrorism and any other force majeure events; and
7.1.3 Mobile App is interrupted or delayed for reasons such as hacker attacks, technical adjustment or system breakdown on the part of upgrade, technical difficulties, etc to the Mobile App.
7.2 Poh Kong reserves the right to terminate the Mobile App at any time due to unforeseen circumstances, applicable laws and regulations and shall not be liable for any loss or damage.Poh Kong reserves the right to terminate the Mobile App at any time due to unforeseen circumstances, applicable laws and regulations and shall not be liable for any loss or damage.
8.1 Poh Kong makes no representation, warranty, or guarantee as to the suitability, reliability, availability, timeliness, accuracy, quality or completeness of the loyalty programme (including but not limited to the rewards), membership and / or the mobile app. You acknowledge and agree that any risk arising out of your use of the loyalty programme (including but not limited to the rewards), membership and / or the mobile app and third party services (if any), remain at all times solely and absolutely with you and you shall have no recourse whatsoever to Poh Kong
8.2 Poh Kong does not represent or warrant that:
8.2.1 The loyalty programme (including but not limited to the rewards), membership and / or the mobile app will meet your requirements or expectations;
8.2.2 The use of the loyalty programme (including but not limited to the rewards), membership and / or the mobile app will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
8.2.3 The quality of any products, services, information, rewards or other materials purchased or obtained by you through the loyalty programme and / or the mobile app will meet your requirements or expectations;
8.2.4 Errors or defects in the mobile app will be corrected; and
8.2.5 The mobile app or the server(s) that make the mobile app available are free of viruses or other harmful components,
The loyalty programme (including but not limited to the rewards), membership and / or the mobile app are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent.
9.1 By agreeing to the Terms and Conditions upon use of the Mobile App, you agree to assume full responsibility and liability for all loss or damage suffered by yourself, Poh Kong, and each such entities' parent companies, subsidiaries, affiliates, related companies and their respective directors, employees, agents and representatives or any third party as a result of any breach of these Terms and Conditions and you further agree that you shall defend, indemnify in full and hold Poh Kong, its subsidiaries, affiliates, related companies and their respective directors, employees, agents and representatives harmless from and against any and all losses, damages, rights, claims or cause of action of any kind arising, in whole or in part, directly or indirectly, as a result of or in connection with your:
9.1.1 Use or misuse of the Loyalty Programme and / or the Mobile App;
9.1.2 Violation or breach of any of these Terms and Conditions or any applicable law whether or not referenced herein;
9.1.3 Violation of any rights of any third party;
9.1.4 Use or misuse of the Rewards or your Membership, including any fraud or misrepresentation of the information supplied.
10.1 The Loyalty Programme and / or the Mobile App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the mobile or electronic device used by the Member being faulty, not connected, out of range, switched off or not functioning. Poh Kong shall not be held responsible for any failure of recording any points accumulation, redemption of points or other privileges, and other Mobile App usage related failures, damages or losses resulting from such problems.
11.1 Poh Kong is responsible only for obligations expressly stated in these Terms and Conditions.
11.2 No advice or information, whether oral or written, obtained by you from Poh Kong or its staff, or through the Mobile App shall create any warranty on the Loyalty Programme not expressly stated by Poh Kong in these Terms and Conditions.
11.3 To the fullest extent permitted by law, Poh Kong shall in no event be liable for any losses, damages, rights, claims or cause of action of any kind incurred, suffered, sustained by you arising from or in connection with your participation or Membership in the Loyalty Programme and use of the Mobile App, including but not limited to:
11.3.1 Any acts, omissions, negligence or wilful default on the part of Poh Kong, and each such entities' parent companies, subsidiaries, affiliates, related companies and their respective directors, employees, agents and representatives or any third party;
11.3.2 Any loss of data and records relating to the loyalty programme or membership; and
11.3.3 Any loss of value or benefit that may arise as a result of any changes made to the Loyalty Programme.
11.3.4 Any losses or damages (whether direct, consequential, indirect or incidental) to your mobile or electronic device or any applications stored therein as a result of installation or use of the Mobile App.
11.4 Poh Kong shall not be liable for any losses, damages, rights, claims or cause of action, including but not limited to any damage or loss to property owned by or in your possession, injury which you may suffer, or any indirect, punitive, special or incidental damages associated or arising from these Terms and Conditions, arising from you participation or Membership in the Loyalty Programme and use of the Mobile App, whether in breach of these Terms and Conditions (including breach of warranty), tort or of whatever causes, even if Poh Kong has been advised of the possibility of such damages. Poh Kong disclaims any responsibility for the aforementioned damages notwithstanding any claim that a sole or exclusive remedy provided in these Terms and Conditions may or does fail of its essential purpose.
12.1 Poh Kong, and licensor(s) and related parties, where relevant and applicable shall at all times own all rights, title and interest (whether legal or beneficial), including all related intellectual property rights (including without limitation to trademark, patent, copyright, trade secret) in and to the Loyalty Programme, Website and Mobile App (including in particular the software and its respective components, processes and design in its entirety) and any changes, modifications, improvements and enhancements to any aspect of the Loyalty Programme, Website and Mobile App, whether or not pursuant to any suggestions, ideas, requests, feedback, recommendations or any other information provided by you or any other party relating to the Loyalty Programme, Website and / or Mobile App. These Terms and Conditions do not and does not purport to convey, transfer, assign, novate to you any rights of ownership in or related to the Loyalty Programme, Website and Mobile App or any intellectual property rights owned by Poh Kong.
12.2 Poh Kong's name, logo, the Loyalty Programme, Website and Mobile App (including but not limited to any published content, documents, information, images, graphics, logos, texts and other materials) and any product names associated with the Mobile App are trademarks and the property of Poh Kong, and licensor(s), related parties or third parties, and no right or license is granted to you to use the same.
12.3 You are allowed to browse through the contents in the Website and Mobile App; however, reproduction is prohibited under the following circumstances (but not limited to):
12.3.1 All copyrights and other proprietary notices are removed and not visible.
12.3.2 Information is modified without prior consent to Poh Kong.
12.3.3 Information is included in any publications, work, and/or any form of commercial use.
12.4 Any such unauthorised reproduction, copying or modification of any of the contents in Poh Kong's Website and Mobile App will leads to the breach of copyright law in which legal action may be taken.
12.5 The Website and Mobile App may contain contents from third parties and Poh Kong is not responsible for these contents and it is your obligation to comply with the third party's term of use.
13.1 Poh Kong may give notice by means of a general notice on the Website, Mobile App, electronic mail to your email address in records of Poh Kong or by registered mail to your address in the records of Poh Kong. Such notice shall be deemed to have been given:
13.1.1 Immediately upon posting on the Website and Mobile App;
13.1.2 Upon the expiration of forty-eight (48) hours after mailing or posting (if sent by registered mail); or
13.1.3 Upon the expiration of one (1) hour after sending (if sent by email).
14.1 These Terms and Conditions are governed by and are to be construed in accordance with the laws of Malaysia and you hereby agree to the exclusive jurisdiction of the Malaysia Courts for any legal action in relation to these terms and conditions.
14.2 In the event that any of these terms is deemed invalid, illegal or unenforceable pursuant to the applicable law, the remainder of the other provisions shall not be affected and still be in-forced.
15.1 Any failure or delay of Poh Kong to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Poh Kong in writing.