MY Smart Shopper Merchant Terms and Conditions

PARTICIPATION & MERCHANT ACCOUNT: Merchant accepts the Terms and Conditions and agrees to, in order to participate in the Program, extend a Merchant Offer for ALL qualified Transactions generated from the Program. Merchant also agrees to accept Program Cash Point and/or payment method (“MSS Pay”) from Members for goods and services of matching value. Merchant shall be responsible for all usage and activity on its Merchant Account and for loss, theft or unauthorized disclosure of the password. Merchant shall provide ISI with prompt written notification of any known or suspected unauthorized use of its Merchant Account or breach of the security of its Merchant Account.

MERCHANT OFFER: Merchant Offer is a predefined incentive to be calculated on every Transaction. Merchant Offer comprises of two (2) portions: Processing Fee % + Special Discount % and/or Cash Point Offer %. Merchant shall honor the agreed Merchant Offer for ALL qualified Transactions generated from the Program. Merchant may request to change the Merchant Offer with a five (5) working days written notice.

PROGRAM CASH POINT REDEMPTION: Members may redeem Program Cash Points earned in exchange for goods and services of matching value (1 Program Cash Point is equivalent to RM1.00). Merchant shall allow Member to redeem Program Cash Points, and it will be debited from Member Account and be credited to Merchant Account. Settlement of Program Cash Points (exceeding RM50) to Merchant accumulated from Monday 00:00 am to Sunday 23:59 pm is done automatically once every seven (7) days.

TRANSACTIONS & PAYOUT MANAGEMENT: Merchant is responsible to verify and check all recorded Transactions on a daily basis. If there are any erroneous or suspicious Transactions, the Merchant must report to ISI within 72 hours from time of such erroneous or suspicious Transactions. ISI will not entertain any dispute of Transactions after 72 hours from the supposed time of erroneous or suspicious Transactions. ISI shall determine (where possible) actual Payout that should be debited from Merchant Account within two (2) working days. ISI may, in its sole discretion, apply an estimated amount of Payout, if there is an error or system down time in Merchant's transmission of Transactions data to ISI. ISI may apply a debit to PA in an amount equal to a Payout previously credited to PA in circumstances of : (i) product returns; (ii) duplicate entry or other clear error; or (iii) non-receipt of payment from, or refund of payment to, the Members by the Merchants; ("Charge-back"). Such Charge-backs may be credited to Merchant Account at any time, including previous payment cycles.

PROPRIETARY RIGHTS: Merchant agrees to grant ISI and its program affiliates (“PA”) the right to promote the affiliation with Merchant in accordance with the Program terms for the limited purposes of promoting the Program, subject to the terms and conditions of this Agreement. PA use of ISI’s program merchants’ brand names, logos, trademarks, and etc. signifies PA’s agreement to refrain from copying or modifying any icons, buttons, banners, graphics files or content contained in the Link, including but not limited to refraining from removing or altering any copyright or trademark notices.

DATA OWNERSHIP & PRIVACY POLICY: Merchant understands that all personally identifiable information, if any, provided by Members through the Program or in response to an advertisement or request for information and/or any or all reports, results, and/or information created, compiled, analysed and/or derived by ISI from such data is the sole and exclusive property of Merchants and ISI, and is considered ISI's Confidential Information pursuant to this Agreement. ISI and/or its Merchants, in their sole discretion, shall have the right to use, market and re-market any Members data without further obligation to PA. Merchant privacy policy must comply with all laws and regulations regarding the privacy of Customers information, be commercially reasonable, and fully and accurately disclose the collection and use of Customers information.

CONFIDENTIALITY: Merchant understands that ISI may provide the other party with information that is confidential and proprietary to that party or a third party, as is designated by the disclosing party or that is reasonably understood to be proprietary and/or confidential ("Confidential Information"). The receiving party agrees to make commercially reasonable efforts, but in no case no less effort than it uses to protect its own Confidential Information, to maintain the confidentiality of and to protect any proprietary interests of the disclosing party. Confidential Information shall not include (even if designated by a party) information: (i) that is or becomes part of the public domain through no act or omission of the receiving party; (ii) that is lawfully received by the receiving party from a third party without restriction on use or disclosure and without breach of this Agreement or any other agreement without knowledge by the receiving party of any breach of fiduciary duty, or (iii) that the receiving party had in its possession prior to the date of this Agreement. Upon termination of this Agreement, Merchant must destroy or return to ISI any Confidential Information provided by ISI to Merchant under these Terms and Conditions.

TERM & TERMINATION: Term of participation shall commence upon Merchant providing of the required information and submit the Merchant Application form to ISI. To terminate the participation, Merchant needs to provide at least one (1) month written notice. Merchant account will be deactivated upon termination and all program promotional material shall not longer be displayed at any of Merchant’s outlet(s).

TAX STATUS LIABILITY: ISI is not obligated to and shall not provide Merchant with tax and/or legal advice. Merchant is responsible for its own sales tax collection and reporting obligations arising from sales made to Customers through the Program. ISI shall not be held liable or responsible for any products or services offered by the merchants, including but not limited to any non-compliance, misrepresentation or defects of any merchants’ products or services.

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