M PRIVILEGES - TERMS & CONDITIONS

1. INTRODUCTION

1.1 This document sets out the terms and conditions of the M Privileges Programme provided by us and incorporates our Personal Data Protection and Privacy Policy at https://corp.mercatus.com.sg/privacy-policy/ which you are deemed to have read and understood.

1.2 These terms and conditions will apply to you on and from the date you are accepted as a Member of the M Privileges Programme.

1.3 Please read these terms and conditions carefully before you participate in the M Privileges Programme.  These terms and conditions contain important information and include exclusion of liability.

1.4 By signing up for the M Privileges Programme, you shall be deemed to have read, understood, and accepted these terms and conditions. These terms and conditions shall also apply in relation to any Personal Data provided by you to us in connection with the M Privileges Programme.

1.5 The Management reserves the right to amend these terms and conditions from time to time at our sole discretion.  Changes will take effect upon posting on the M Privileges Programme website. By your continued participation in the M Privileges Programme, you agree to be bound by these terms and conditions, as amended from time to time.

2. INTERPRETATION 

2.1 In these terms and conditions, each of the following words has the meaning stated next to it: 

M Malls Mobile Application

The mobile application developed and owned by Mercatus entities (singly and/or collectively) for the Participating Malls; 

M Privileges Programme

the M Privileges Programme established and administered by the relevant Mercatus entity/entities at Jurong Point Shopping Centre, AMK Hub and such other malls as may be added from time to time (each an “M Mall and collectively, “M Malls”);

the Management, “we” or “us”

Mercatus Co-operative Limited, the relevant Mercatus entity owning the relevant M Mall and/or managing the M Privileges Programme at the relevant M Mall;

Member

An individual who has been accepted as a member the M Privileges Programme;

Membership

Your membership in the M Privileges Programme;

Participating Malls

Jurong Point Shopping Centre, AMK Hub and such other mall(s) as may be added from time to time;

Participating Retailers

Retailers participating in the M Privileges Programme, as determined from time to time by the Management at its sole discretion and published on the M Privileges Programme website from time to time;

Personal Data

Data about a person who can be identified from that data

Qualifying Purchase

Any purchase made from Participating Retailers in the Participating Malls  and with a valid Receipt, where it is stated in these Terms and Conditions, that a valid Receipt is required;

Receipt

Receipt issued by a Participating Retailer

You 

Applicant who wishes to sign up as a Member and upon acceptance of application, the Member.

 

2.2 Unless the context otherwise requires, words importing the singular shall also include the plural and vice versa. Words denoting the masculine gender include the feminine gender and both shall include the neuter gender.

2.3 The headings in these terms and conditions are inserted for ease of reference only and shall not affect the construction of these terms and conditions.

3. ELIGIBILITY AND MEMBERSHIP

3.1 To become a Member of the M Privileges Programme, you are required to provide current information about yourself that must be accurate, truthful and complete. All information provided by you will be deemed to be accurate, truthful and complete.

3.2 You must update us of any change of your personal particulars as soon as reasonably practicable, via the M Malls Mobile Application.  We may require proof, reasonably acceptable to us, in relation to any change of your personal particulars, including Personal Data.  We reserve the right to request for further information from a Member at any time during the Membership.

3.3 You agree that you shall be solely responsible for all consequences of providing any inaccurate, incomplete and/or insufficient information. In the event that we determine or have reason to believe that the information you have provided is not current, accurate, or complete in any way or that you have provided us with false or misleading information, we reserve the right to either suspend or terminate your Membership.

3.4 To be eligible to apply for Membership, you must be at least sixteen (16) years old on the day you apply and you must be residing in Singapore. If you are older than 16 but younger than 18 years of age, you must read these terms and conditions with one of your parents or guardians to make sure that you and your parent or guardian understand and accept these terms and conditions before applying. To carry out any transaction within the M Malls Mobile Application, you must be at least 18 years old.

3.5 Subject to our sole discretion, eligible persons may apply to become a Member of the M Privileges Programme by signing up via the M Malls Mobile Application, website or at the customer service counters located in Participating Malls, or by such other means as determined by us from time to time at our sole discretion. 

3.6 Each eligible applicant may only have one Membership account in the M Privileges Programme.  Each Membership is an individual account based on the Member’s personal spending.  Points and rewards earned under this Membership account (hereinafter “M Points” and “Rewards”) are non-transferable. The Membership account will be subject to periodic audit to determine accuracy of spending record.

3.7 The Management reserves the right to create and change, at any time without prior notice, tiers of membership, with such qualifying criteria and privileges as the Management may determine at its sole discretion from time to time.  Details of prevailing membership tiers will be published on the Programme website from time to time.

3.8 The Management reserves the right to suspend or terminate any Membership account in the event of fraudulent or dishonest transactions or attempts to solicit or tout for receipts.

3.9 In the event that you do not make at least six (6) Qualifying Purchases at the participating malls for a period of twelve (12) consecutive months, your Membership may be terminated by us.

4. ACCUMULATION OF M POINTS

4.1 M Points will be awarded to Members for Qualifying Purchases made at Participating Retailers at M Malls.

4.2 To be eligible to earn M Points for a Qualifying Purchase, each purchase must be made at participating retailer’s store and must amount to a minimum of $20.00 nett.

4.3 Subject to (Paragraph 9) below, M Points will be awarded only to Members who scan their member QR code in the App at the point of payment at participating Retailers at participating malls or by such other means as determined by the management from time to time. Members who fail to do so shall not be entitled to retrospectively earn or credit any M Points into their Membership Account for that transaction.

4.4 The M Points accumulated by the Member will be credited to their Membership Account within twenty-four (24) hours or such other time periods as shall be determined by the management once transaction is verified to be valid.

4.5 The management shall have the sole discretion to deduct, cancel or reject/refuse to award M Points for any purchases which in the management’s sole discretion is doubtful or not genuine or deduct, cancel or reject/refuse to award M Points that have been wrongfully accorded.

4.6 Basic tier Members will earn 5 M Points for every $1 spent in a single Receipt and 1 M Point for every $1 spent at FairPrice or Unity. NTUC Member tier members will earn 1.5 times M Points and Gold tier Members will earn 2 times M Points. Each Qualifying Purchase must be at least S$20 nett to earn M Points.

4.7 During the Member’s birthday month (1st to the last day of the month), Basic, NTUC Member and Gold tier Members will earn 2 times M Points for the first transaction submitted via the M Malls Mobile Application.

4.8 With the exception of birthday bonus M Points, Members may accumulate M Points up to a maximum of 5,000 M Points per day for Basic tier Members, a maximum of 7,500 M Points per day for NTUC Member tier Members and a maximum of 10,000 M Points per day for Gold tier Members. For birthday bonus M Points, a Member may earn more than the maximum M Points cap per day for the first Qualifying Purchase submitted via the M Malls Mobile Application.

4.9 All M Points earned from 1 January to 30 June within the year will expire on 30 September in the same year. All M Points earned from 1 July to 31 December within the year will expire on 31 March in the following calendar year. It is the responsibility of the Member to check on the balance of his M Points and the expiry date via the Programme Mobile Application. All M Points will automatically expire and be forfeited upon the expiry date.  There will strictly be no extension, refund or exchange of expired M Points.

4.10 We may from time to time, amend the validity period of the M Points. 

4.11 M Points accrued in your account remain our property. M Points do not entitle a Member to a vested right or interest and have no cash value. M Points are not redeemable for cash and are not transferable or assignable for any reason or any purpose. M Points are also not transferable between accounts. The sale, auction (including online auction), barter, transfer or assignment of any accumulated M Points is strictly prohibited, and any M Points which we deem, at our sole and absolute discretion to have been transferred, sold, auctioned, bartered or assigned in violation of these terms and conditions may be confiscated and/or cancelled.

4.12 M Points in your account are immediately voided upon cancellation or termination of your Membership, for any or no reason. For the avoidance of doubt, you shall not be entitled to any compensation in respect of any M Points which are voided. 

4.13 M Points that have already been credited into your account may be cancelled, deleted or deducted at the Management’s sole discretion. 

4.14 The Management may delay for as long as necessary confirmation process for M Points, which may be earned in breach of these terms and conditions or through any abuse of the M Privileges Programme. 

4.15 In the event of dispute, the decision of the Management shall be final. 

5. MANAGEMENT’S DISCRETION

5.1 Notwithstanding and without prejudice to the other terms of these terms and conditions, we are entitled at any time in our absolute discretion, and without liability to you, without notice and without giving any reason, to:

a. suspend or terminate your Membership entirely whether or not you are in default of these terms and conditions; and/or

b. refuse to allow you to participate in the M Privileges Programme; and/or

c. introduce, amend, restrict, suspend or terminate all or any of the benefits, services, facilities and privileges in respect of or in connection with your membership.

6. REDEMPTION OF M POINTS 

6.1 Redemption may only be made upon the verification of your identity in accordance with these Terms and Conditions and on the terms and conditions of any specific redemption offered. 

6.2 Upon accumulating M Points, you may be eligible for various Rewards, such as gift vouchers. Please refer to the M Malls Mobile Application for the number of M Points required for Rewards and the list of Rewards available for redemption. The list of Rewards and Prizes and the number of M Points required for redemption of the respective Rewards and/or Prizes shall be determined by the Management, at its sole discretion. For the avoidance of doubt, the Management may from time to time amend the number of M Points required for redemption of Rewards and/or Prizes without prior notice to you. 

6.3 Redemption of Rewards and/or Prizes shall be made via the M Malls Mobile Application or by such other means as determined by us from time to time at our sole discretion. The Member shall provide an acknowledgement as may be required by the management upon redemption of any M Points. 

6.4 Upon the Member’s request to redeem the Member’s M Points to Rewards, the Rewards will be credited to the M Malls App within twenty-four (24) hours or such longer time period as shall be determined by the management. 

6.5 Redemption of Rewards and/or Prizes are subject to availability. 

6.6 Rewards earned that are not utilised within the validity period will expire. The management shall not be responsible to the Member for any unutilised Rewards. 

6.7 Rewards may be utilised within the validity period specified for each Reward in accordance with the applicable terms of use of such Reward. 

6.8 To the maximum extent permitted under applicable law, we do not make any warranty or representation on any product or service offered as Rewards and/or Prizes and do not accept any liability in respect of any such Rewards and/or Prizes. 

6.9 Any dispute arising from or relating to the goods or services received as Rewards and/or Prizes shall be settled between you and the supplier of the Rewards and/or Prizes. We shall not be liable for any claim arising from or relating to the Rewards and/or Prizes and/or the Redemption process. 

6.10 Rewards and/or Prizes redeemed are non-refundable, non-exchangeable and cannot be resold for cash. 

7. INSTANT REWARDS 

7.1 In addition to M Points and Rewards, the Member shall also be entitled to receive "Instant Rewards" which are rewards offered by the individual participating malls that may be redeemed by Members who spend a minimum amount (as may be determined by the individual Participating Malls) per day in the respective malls. 

7.2 Instant rewards may only be redeemed by Members who first scan their member QR code at participating retailers before personally presenting their member QR code on the day of the purchase at the Customer Service Counter of the respective participating mall. Should the redemption require proof of payment, the actual receipts and/or payment card must be presented for verification. Please refer to https://www.mprivileges.com.sg/web/store for listing of participating retailers for eligibility of M Points earning. All redemption tiers in respect of the Instant Rewards, including but not limited to setting of minimum and maximum redemption amounts, shall be determined by the Management and shall be at the sole discretion of the Management. 

7.3 The Instant Rewards and manner of redemption may vary amongst the different participating malls. All Instant Rewards are subject to availability. 

7.4 The Management reserves the right to sight purchases or proof of payment before granting Instant Rewards redemption and/or M Points earning at Customer Service Counters.

8. M PRIVILEGES MEMBERSHIP ACCOUNT

8.1 Once any M Points or Rewards has been utilised, such M Points or Rewards cannot be refunded or transferred back into the Membership Account.

8.2 The Member agrees and acknowledges that his/her M Privileges Membership Account, any M Points earned under the M Privileges Membership Account, and any Redeemable Rewards redeemed may only be used by the Member in whose name the particular M Privileges Membership Account has been registered.

8.3 M Points accumulated, or Rewards redeemed under different Members’ M Privileges Membership Account are non-transferable and cannot be combined.  

8.4 Members may be able to check their M Points balance and/or Rewards they have redeemed via the App.

8.5 The Member may notify the management of any dispute on the M Points and/or Rewards by email to hello@mprivileges.com or such other email address as may be informed by the management to the Member at any time or by written notice to The Management at M Privileges, No.1 Marina Boulevard, #15-01/04 within seven (7) days from the date of the transaction. The management’s determination of all disputes shall be final, binding and conclusive.

8A. PURCHASE OF E-VOUCHERS

E-Vouchers may be purchased using the M Malls Mobile Application. Upon completing his or her selection, the Member will be directed to a third-party website of a third-party payment processor. The Management makes no representations nor has any supervision or control over the quality, content, reliability or security of the third-party website, nor shall the Management be liable for its use. By proceeding with payment, the Member will be deemed to agree to the terms, conditions and privacy policy of the third-party payment processor and the Member will be deemed to consent to the use, by all parties involved in processing the payment, of any data (including personal data) that the Member provides or fills in the third-party website.

9. DOWNTIME OF THE M MALLS MOBILE APPLICATION & WEBSITE

9.1 The Management shall not be liable for any claims, liabilities, expenses, costs, loss or damage of whatever nature brought against or incurred by or caused to any party including the Member, due to or arising out of or in connection with any of the following:

a. the operation, breakdown, malfunction, accuracy, delay or any circumstances affecting the function of the M Malls Mobile Application, M Privileges’ website or of any application, system or equipment (including without limitation payment terminals, payment systems and payment gateways), whether belonging to, operated by and/or within the control of the Management or a third party;

b. hardware or software (whether belonging to, operated by and/or within the control of the Management or a third party), howsoever caused;

c. malware, viruses, monitoring or malicious code on the Management’s computer systems and/or other devices;

d. “phishing” or other websites or emails which mimic the appearance of the M Malls websites or official communications, but do not in fact originate from the Management.

9.2 In the event of downtime of services available through the App: Members are to approach the Customer Service Counter at participating mall with their original receipt(s) within 24 hours of the transaction to be eligible for points to be awarded.

10. PERSONAL DATA

10.1 It is a condition of your Membership and continuing Membership that you consent to the collection, use, disclosure and/or processing of your Personal Data, including your personal particulars, by us, our agents and contractors involved in the M Privileges Programme, and/or our related social enterprises (including without limitation NTUC Enterprise), for the following purposes:

a. assess, verify, fulfil, process, service and/or manage your Membership or applications for Membership in the M Privileges Programme, which includes but is not limited to updating the register of Members and data relating to Members;

b. maintain your account with us;

c. render or provide products, services and facilities in connection with the M Privileges Programme, which includes but is not limited to the application and the awarding and/or Redemption of M points, or to otherwise to develop, enhance or improve such products, services and facilities;

d. verify the identity of applicants and/or Members or persons acting on behalf of an applicant or Member;

e. process, facilitate, complete, confirm, fulfil or carry out any transaction or dealing entered into between you and us;

f. fulfil, process, manage and/or facilitate your participation in any lucky draws, competitions, promotions, contests and other activities conducted or organised by the Management at any of the Participating Malls, which includes but is not limited to processing or facilitating redemption activities and/or notifying you where he/she has won a prize in connection with such activities;

g. notify you of benefits, privileges, promotions and/or updates (by way of electronic mail updates, or by such other means as determined by us) in connection with the M Privileges Programme;

h. communicate with you changes and development to our policies, terms and conditions and other administrative information, including for the purposes of servicing you in relation to the M Privileges Programme;

i. resolve complaints and handling requests and enquiries;

j. conduct market research for statistical, profiling and statistical analysis for the improvement of services provided to you;

k. aggregate Members’ data into anonymised statistical data, and share such anonymised data with third parties, such as advertisers, marketing and business partners, for marketing and promotion purposes;

l. any purpose, undertaking or activity incidental to any of the above; and

m. any other purposes as may be determined by us from time to time and for which your specific consent has been obtained through the M Malls Mobile Application.

10.2 Where you have given specific consent, you agree to our collection, use, disclosure and /or processing of your personal data by us, our agents and contractors and/or our related social enterprises (including without limitation NTUC Enterprise), for the following purposes:

a. send you notifications and marketing and promotional messages in relation to the M Privileges Programme (including via sms, WhatsApp, any social media platforms, or other modes of communication using your e-mail address, telephone numbers, social media account, which Participating Malls have in their records from time to time or otherwise available publicly); and

b. send you notifications and marketing and promotional messages in connection with products, services, offers and promotions offered by the Participating Malls or any entity in the Participating Malls (including via sms, WhatsApp, any social media platforms, or other modes of communication using your e-mail address, telephone numbers, social media account, which Participating Malls have in their records from time to time or otherwise available publicly).

10.3 If you wish to withdraw your consent to the collection, use, disclosure or processing of your Personal Data as set out above, or if you have any questions relating to your Personal Data, or if you would like to obtain access or make corrections to your Personal Data, please contact our Data Protection Officer in writing at: Mercatus Co-operative Limited, No. 1 Marina Boulevard, #15-01/04 One Marina Boulevard, Singapore 018989

10.4 If you choose to withdraw your consent for the collection, use, disclosure or processing of your Personal Data, we may have to terminate your Membership as we may not be able to administer and maintain your account with us.

10.5 You agree that the consent granted above does not supersede any previous consent you may have given to any of the Participating Malls or their owner or manager and is in addition to any rights which the Participating Malls, their owner or manager may have at law to collect, use, disclose and/or process your Personal Data.

10.6 You agree that in the course of collection, use, processing and/or disclosure of your Personal Data, they may be transferred outside of Singapore.

11. EXCLUSION OF LIABILITY

11.1 Notwithstanding any other terms or conditions in these terms and conditions, we shall not be liable to you for any loss, damage, inconvenience, moral or emotional distress, cost and expense of any nature (including, without limitation for any act, omission, neglect or wilful default on the part of our agents, contractors, correspondents and/or their respective officers and employees) which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the M Privileges Programme, including without limitation, your account, Membership, M Points (only available in Singapore), Rewards or Prizes, Redemption and/or in connection with the collection, use, disclosure and/or processing of your Personal Data in accordance with these terms and conditions. By signing up for the M Privileges Programme, you are deemed to and will release and discharge us from all claims in relation to the aforesaid loss, damage, inconvenience, embarrassment, cost and/or expense.

11.2 Without prejudice to the generality of the foregoing and to the maximum extent permitted by applicable law, we shall also not be liable for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use, disclosure and/or processing of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.

11.3 The Management is not involved in the provision of any goods and/or services by any Participating Retailer. A Member shall address and/or resolve any question, dispute or claim relating to any goods and/or services directly to and/or with the Participating Retailer from whom the goods and/or services were obtained. The Management shall not be liable for any claim, demand, loss, cost, expense or liability of any kind (whether direct, indirect, special, consequential or otherwise) which may be suffered or incurred by any person:

a. in using or attempting to use any gift vouchers (in any way and for any purpose);

b. in relation to any goods and/or services provided or to be provided by a Participating Retailer (including for any defect, damage, disruption, failure and/or unavailability); or

c. in connection with any act or omission by a Participating Retailer (including the refusal of a Participating Retailer to accept, recognise or honour any gift voucher).

12. TERMINATION OF M PRIVILEGES PROGRAMME

12.1 We may at our absolute and sole discretion, without prior notice to you, suspend or terminate the M Privileges Programme, at any time and for any reason as we deem fit.

13. GENERAL

13.1 You shall indemnify us and keep us indemnified against any loss, damage, liability cost and expense (including legal costs and disbursements on a full indemnity basis), directly or indirectly arising from or relating to your misuse of the Membership and/or breach of any of these terms and conditions, including without limitation, if you commit any fraud or misrepresent any information supplied or to be supplied under these terms and conditions.

13.2 The rights and remedies provided in these terms and conditions are cumulative and not exclusive of any other right or remedies (whether provided by law or otherwise).

13.3 No failure on our part to exercise and no delay on our part in exercising any right or remedy under these terms and conditions will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right of remedy. Any waiver by us of our rights or remedies in respect of any terms under these terms and conditions or of any breach of these terms and conditions on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.

13.4 These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of Singapore. You hereby irrevocably submit to the jurisdiction of the courts of the Republic of Singapore.