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Membership Terms

1. Definitions

a) In these terms and conditions, unless the context otherwise requires:
i)    'CineHouse' means CineHouse Sdn Bhd;
ii) 'CinePoints' means the token points held to the account of a CineMember Club in connection with the Programme;
iii) 'CineMember Club' or CineMember Club Member' means a person whose application to participate in the CineMember Club Programme has been accepted by CineHouse, and whose participation in the said Programme has not been subsequently terminated;
iv) 'Programme' means the CineMember Club Program operated by CineHouse;
v) 'Reward' means any goods, services, benefits, arrangements or other privileges as CineHouse may from time to time and in its absolute discretion designate as being redeemable or obtain able by the use of CinePoints under the Programme; and
vi) 'Site' means any designated website intended for public access over the Internet and made available by CineHouse in connection with the Programme, including without limitation all services, information, text, graphics, links or other items or materials contained or provided therein;

b) Unless the context otherwise requires, words referring to the singular number shall include the plural number and vice versa, and words denoting any gender include all genders. Headings have no legal effect.

2. Participation

a) Any natural person residing in Malaysia may apply to CineHouse to participate in the Programme ('The Applicant'). Each Applicant may only maintain one account.

b) Every application to participate in the Programme must be made by submitting to CineHouse the then current registration form prescribed by CineHouse for such purpose, payment of such administrative fee as CineHouse may prescribe ('the Administrative Fee'), and such personal particulars and other documentation relating to the Applicant as CineHouse may require. In submitting any such registration form and providing any such particulars or documentation, in addition to the matters set forth elsewhere in this document, the Applicant agrees:
i)    to provide true, accurate, current and complete information about himself; and
ii) to be bound by the terms set out herein, the terms governing the redemption of any Reward (as CineHouse may from time to time notify the Applicant of), the terms governing access to and use of the Site (as notified therein) (collectively, the 'Terms', and all as may be amended by CineHouse from time to time), and all applicable laws and regulations.


c) Each Applicant's application to participate in the Programme shall constitute an offer made by the Applicant to CineHouse to participate in the Programme. CineHouse may at its sole and absolute discretion accept or decline any such application without assigning any reasons there for.

d) The privileges extended by CineHouse pursuant to the Programme will only be offered to Applicants whose applications are accepted by CineHouse (hereafter, a 'CineMember Club' and only for so long as the Programme is not withdrawn or the CineMember Club's participation in the same has not ceased or been otherwise terminated.

e) Each CineMember Club member shall maintain and promptly update his personal information to keep it true, accurate, current and complete at all times.

f) In order to participate in the Programme and/or redeem any Rewards, each CineMember Club member must, without demand, and prior to the completion of any relevant transaction, produce his membership card identifying him as a participant of the CineMember Club Programme ('the Membership Card'). CineHouse may at its option either issue a Membership Card to the CineMember Club member after acceptance of his application to participate in the Programme, or designate a card held by the CineMember Club member as a Membership Card. The Membership Card shall serve only to identify the CineMember Club member as a CineMember Club member, and is not a charge, credit or debit card unless otherwise stated.

g) Any Membership Card issued by CineHouse is the sole and exclusive property of CineHouse. Any Membership Card may be revoked or cancelled at any time by CineHouse. A CineMember Club member must immediately report in writing to CineHouse any loss or theft of his Membership Card. CineHouse may at its discretion and on such terms as it may prescribe (including the payment by the CineMember Club member of a replacement fee) issue to the CineMember Club member a replacement Membership Card in the event that the card previously issued to him is lost, damaged or stolen. CineHouse will not be responsible for any unauthorised use of a Membership Card.

h) CineHouse may amend the Terms from time to time and at any time without notice to the CineMember Club member. Continued participation in the Programme thereafter constitutes the CineMember Club Member's acceptance of all the prevailing Terms as modified by CineHouse. Any CineMember Club Member who does not agree to any modification of the Terms must immediately cease participation in the Programme. The prevailing Terms governing the CineMember Club Programme are available at the Site and upon request from CineHouse.

3. On-line Participation

a) Certain features of the Programme may only be available via access to the Site. Each CineMember Club Member shall be solely responsible for his access to the Internet and for obtaining and maintaining an email address to utilise such features of the Programme, the cost of which is to be borne by the CineMember Club member. CineHouse is not responsible for any inability on the part of the CineMember Club member to connect to the Internet, access the Site, or to log on to his account.

b) No machines, scripts or automated services may be used to access the Site or earn CinePoints or otherwise use or participate in the Programme.

c) CineHouse is entitled to act on instructions received under the CineMember Club Member's password, and is not responsible for any transactions made in connection with the CineMember Club Member's account by someone else who uses his password. The CineMember Club Member hereby acknowledges and agrees that the aforesaid security procedures are commercially reasonable for electronic transactions.

d) Without prejudice to any other terms prescribed by CineHouse which may govern any use or access of the Site, CineHouse does not warrant, guarantee or make any representations that the Site will meet all or any of the CineMember Club member's requirements, or that the Site or the use or access thereof shall always be available, accurate, accessible, complete, uninterrupted, current, timely, secure or error free, or free from computer viruses or malicious or destructive materials or program code. CineHouse is not responsible for (nor does it have any control over) the contents of any third party websites to which it may provide hyperlinks on the Site, and disclaims any and all liability which may arise in connection with the use or operation of the same. The provision of hyperlinks to these sites by CineHouse does not constitute CineHouse's endorsement or approval of the hyperlinked websites or the contents thereof. The CineMember Club member hereby releases CineHouse from all claims arising from or in connection with all loss or damage the CineMember Club member may suffer or incur in connection with the foregoing.

e) No CineMember Club member shall at any time
i)    interfere with or disrupt the service or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
ii) violate any applicable laws or regulations or terms governing access to and use of the site;
iii) harass other users of the Site; and/or
iv) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or the Programme.


4. Issuance and Redemption of CinePoints

a) Subject to the Terms, each CineMember Club Member shall, under the Programme, be entitled to earn such CinePoints as CineHouse may specify by purchasing designated items via the Site or over-the-counter at any CineMember Cinemas, (except any other cinemas as CineHouse may designate from time to time), provided always that the CineMember Club Member provides his membership details at the time of the purchase in the manner required by CineHouse, and further complies with all other procedures prescribed by CineHouse from time to time for the earning of such CinePoints. Without limiting the generality of the foregoing, in order to earn any CinePoints, each CineMember Club Member must produce a valid Membership Card prior to making any qualifying purchase (if the purchase is made over-the-counter), or log-on as a CineMember Club Member immediately after making any qualifying purchase (if the purchase is made via the Site).

b) CinePoints earned and available for redemption by the CineMember Club Member under the Programme will be reflected in his CineMember Club account. CineMember Club member has to send in an email or call us to inquire of their CinePoints balances & expiry within 7 days from the date earned, failing which CineHouse's records of the CineMember Club Member's CineMember Club Points standing to his credit shall be deemed correct and conclusive. CineHouse is entitled, for any reason and at any time without liability or prior notice to the CineMember Club Member, to suspend the accrual of CinePoints, and/or to rectify any error relating to the balance of CinePoints reflected in any CineMember Club account, and/or CinePoints earned or deducted in connection with any transaction.

c) CinePoints have no cash value and may not be exchanged for cash or credit.

d) A CineMember Club Member may, subject to the conditions herein and any other qualifying redemption amounts and conditions CineHouse may prescribe from time to time, select and request to redeem any one or more of the Rewards which CineHouse may from time to time offer to make available to such CineMember Club Member, such offer being described and made available via whatsoever medium, redemption channels and forms as CineHouse shall prescribe. The CineMember Club Member agrees that any such redemption and the use of such channel will be governed by such terms and conditions as may be prescribed by CineHouse.

e) All requests by a CineMember Club Member for redemption of CinePoints for any Reward shall be processed on a first-come, first-served basis, and in addition to any other terms relating to such redemption, are subject to the CineMember Club member having sufficient CinePoints available for such redemption, as well as the availability of the Reward.

f) The account of a CineMember Club Member who has redeemed any CinePoints will be updated to reflect a deduction of such CinePoints as have been used to redeem a Reward.

g) Rewards shall be collected by the CineMember Club Member at such time and in such manner as CineHouse may designate. A CineMember Club Member when collecting a Reward may be required by CineHouse to produce his Membership Card and such identification or other documents as CineHouse may require. CineHouse is not obliged to entertain requests for the re-issue of any voucher or Rewards. The CineMember Club Member must comply with the procedures prescribed by CineHouse for the redemption of any Rewards. CineHouse is not obliged to verify that the redemption of any Rewards has been authorized by the CineMember Club Member.

h) CineHouse may at any time withdraw or vary the terms of any promotions relating to the earning of CinePoints or redemption of Rewards.

i) The redemption of a Reward is subject to its continued availability and to such other conditions as may be specified by CineHouse. CineHouse may, in its absolute discretion, at any time and from time to time without prior notice, vary any Reward offered to a CineMember Club Member, substitute any Reward with another of a similar value or vary the number of CinePoints required to redeem any Reward.

j) CineMember Club Member agrees that CineHouse shall not in any way be liable for any goods or services or the quality or performance of goods or services comprised in any Reward supplied or provided by any participating merchant, site or service provider or other authorised agent under the Programme, and shall only seek redress and direct any complaints or comments in respect of such goods and services to the respective participating merchant, provider or agent. In respect of any Reward supplied by CineHouse which is defective, the CineMember Club Member must within 7 days of collection of the Reward notify CineHouse of such defect in writing, and CineHouse may, if such defect has been proved to the satisfaction of CineHouse as being a manufacturing defect, at its sole and absolute discretion, replace such Reward with a similar or other item of CineHouse's choice, or provide the CineMember Club Member a refund of the CinePoints used to redeem such Reward. The foregoing shall be the CineMember Club Member's sole remedy for any defects relating to any Rewards issued by CineHouse.

k) Under no circumstances will Rewards be refunded or exchanged for CinePoints or cash. CinePoints cannot be combined or used in conjunction with other promotions, coupons, discounts, concessionary schemes or special offers unless otherwise stated. CinePoints are void where prohibited by law. CinePoints may only be applied towards redemptions from a redemption catalogue.

l) CinePoints not redeemed within the stipulated time frame as CineHouse may notify to the CineMember Club Member from time to time, shall expire and be deducted from the CineMember Club Member's account. CinePoints that have expired are not valid for redemption and cannot be reinstated under any circumstances. CineHouse will not grant any extension of time for the redemption of Rewards with CinePoints.

m) Accrued CinePoints do not constitute property, and are not assignable or transferable without CineHouse's consent. Any purported sale, barter, transfer, assignment, or other disposal of any CinePoints without CineHouse's consent shall be void, and any such CinePoints so purportedly assigned, sold, or otherwise transferred may be cancelled by CineHouse at its discretion. CineHouse shall have the right to require payment of a transfer fee designated by CineHouse from time to time for the transfer of CinePoints.

n) CinePoints may ONLY be applied towards the redemption of a pre- determined list of items. CinePoints cannot be combined or used in conjunction with other promotions, coupons, discount, concessionary schemes or special offers, unless otherwise stated.

o) All CinePoints have a 2-year expiration period. CinePoints earned in a particular year are valid until the end of the second calendar year.

p) Membership is for life time.

5. Termination

a) Without prejudice to CineHouse's rights and remedies at law, it may at any time terminate any CineMember Club member's participation in the Programme forthwith without further notice to the CineMember Club member if:
i)    the CineMember Club Member has committed a breach of these Terms;
ii)    the CineMember Club Member has provided any information that is untrue, inaccurate, not current or incomplete, or CineHouse has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;
iii)    the CineMember Club Member makes more than one application to participate in the Programme, or maintains multiple accounts (even if the CineMember Club Member has multiple e-mail addresses); and/or
iv)    the CineMember Club Member has committed any abuse or fraud in respect of the issuance of CinePoints or redemption of Rewards;
v)    the CineMember Club Member has not earned any CinePoints for a period of 12 months or more; or
vi)    CineHouse reasonably suspects a CineMember Club Member to have committed any of the above.

b) Notwithstanding anything in the Terms, CineHouse may without notice to the CineMember Club Member, at any time in its absolute discretion and without giving any reason, terminate this Programme and/or withdraw, cancel or invalidate any Reward and/or CinePoints already issued.

c) Upon the termination of any CineMember Club Member's participation in the Programme or the withdrawal of the Programme for any reason whatsoever, the following shall apply:
i)    the Membership Card shall immediately cease to be valid, and save for where the Membership Card was not issued by CineHouse, must be surrendered to CineHouse;
ii)    all CinePoints to the account of the CineMember Club Member shall be cancelled immediately, and CineHouse shall not be obliged to deliver to or permit the collection of any Rewards by the CineMember Club Member (even if the application to redeem the same was made prior to termination of the CineMember Club Member's participation in the Programme); and
iii)    CineHouse may terminate the CineMember Club Member's account and access to the Programme and cease to make available the Site.


6. Disclaimer & Limitation of Liability



a) The Programme is provided to the CineMember Club Member 'as is' and on an 'as available' basis, and to the maximum extent permitted by law, CineHouse excludes all conditions, representations, warranties and other terms which might be implied into or incorporated as part of the Terms and/or with respect to the Programme, the Rewards, any merchandise, products or services offered or provided by CineHouse or any third parties in connection with the Programme or via or as part of the Site, the Site, any advertisements or other publicity relating to the foregoing and all matters connected with the aforesaid, whether by statute, common law or otherwise, including, but not limited to, implied warranties or terms as to merchantability, satisfactory quality or fitness for any particular purpose, as well as implied warranties or terms arising from course of dealing or course of performance.

b) CineHouse, its subsidiaries, affiliates and related companies, together with their respective shareholders, partners, officers, directors, employees and sub-contractors, shall in no event be liable for any and all claims, suits, proceedings, liabilities (whether criminal or civil), losses, costs, damages and expenses (including without limitation, direct, indirect, special or consequential damage, economic loss, transportation costs, loss of data, income or profit, loss of or damage to property, loss of anticipated savings, loss of opportunity or claims of third parties) arising, whether directly or indirectly, from or in connection with, and whether by statute, common law or otherwise:
i)    the Programme;
ii)    any access, use or inability to access or use the Site and/or any use or reliance upon the information, content, materials or products included on the Site or otherwise provided to the CineMember Club Member;
iii)    any access, use or inability to access or use the Site and/or any use or reliance upon the information, content, materials or products included on the Site or otherwise provided to the CineMember Club Member;
iv)    any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus; or
v)    the purchase or use of any Rewards, merchandise, products, or services offered or provided by CineHouse or any third parties in connection with the Programme;
vi)    any use or access of any other web site linked to this Site; and in each instance, even if CineHouse or its representatives are advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy but CineHouse does not exclude its liability for death or personal injury to the extent only that such death or personal injury arises as a result of the negligence of CineHouse.

c) The aforesaid terms shall operate without prejudice to any other terms prescribed by CineHouse which may govern any use or access of the Site.

7. General Conditions

a) The Terms constitute the entire agreement between the CineMember Club Member and CineHouse concerning the Programme, and the CineMember Club Member's use thereof, and supersedes any other prior agreements relating to the same. The CineMember Club Member acknowledges that he has not relied upon any representation, warranty or other assurance given or made by or on behalf of CineHouse prior to entering into this agreement and the CineMember Club Member waives all remedies which, but for this Clause, might otherwise be available to him in respect of such representation, warranty or other assurance.

b) Notices provided by CineHouse at CineHouse's cinemas, on the Site or sent to the CineMember Club Member via postal mail to the CineMember Club Member's address, or via e-mail at the e- mail address provided to CineHouse by the CineMember Club Member in the course of his applying to participate in the Programme, shall in each instance constitute sufficient notice to the CineMember Club Member for any purposes pursuant to the Terms. Notices from the CineMember Club Member to CineHouse (including any request to redeem Rewards) must first have been acknowledged by CineHouse in writing via e-mail or post to the CineMember Club Member as having been received in order to constitute sufficient notice to CineHouse.

c) CineHouse may require any CineMember Club Member under the age of 21 years to produce such proof of parental consent to his participation in this Programme or the redemption of any Rewards as CineHouse may reasonably require as a condition precedent of its obligations hereunder.

d) All questions or disputes regarding the CineMember Club Programme, including without limitation, questions or disputes regarding eligibility for the Programme, or the eligibility of CinePoints for accrual or redemption, must be submitted in writing within 7 days of any qualifying transaction to CineHouse via email or post to us.

e) Notwithstanding anything in the Terms, the CineMember Club member hereby expressly agrees and acknowledges that CineHouse's obligations to credit CinePoints to the account of any CineMember Club Member upon the making of any qualifying purchases and/or to permit the redemption thereof for Rewards do not apply where there is any failure, error, omission, interruption, delay in transmission, or computer virus affecting any machine, server, computer or communication system used in connection with the Programme, or any industrial dispute, war, act of God, terrorist attacks, or anything outside the control of CineHouse or its servants or agents, or any failure of CineHouse's servants or agents to perform their obligations to CineHouse (each 'a Force Majeure Event'. CineHouse shall not, upon the cessation or removal of the Force Majeure Event, be obliged to credit any CinePoints to the account of any CineMember Club Member for qualifying purchases made during any such Force Majeure Event.

f) If any provision of the Terms shall in whole or in part be held by any court of competent authority to be illegal, void, voidable or unenforceable under any enactment or rule of law to any extent, then such provision shall be deemed to be severed from the Terms, but such deletion shall be without prejudice to the validity or enforcement of the other provisions thereof.

g) The CineMember Club Member hereby authorises CineHouse to disclose information regarding himself and his CineMember Club Member account to third parties for such purposes as CineHouse shall see fit.

h) Notwithstanding anything in the Terms, the maximum liability of CineHouse in connection with any claim arising from or in connection with the Programme (if any) shall be limited to the value of the Administrative Fee.

i) The records of CineHouse (including without limitation written, computerized and mechanized records and any authorization and instructions received about any transaction) on all matters relating to this Programme shall be conclusive and binding on the CineMember Club Member.

j) The decision of CineHouse on all matters relating to this Programme shall be final and binding on the CineMember Club Member and no correspondence thereon will be entertained.

k) This terms and conditions between the CineHouse and the CineMember Club Member shall be governed by Malaysia law and the parties hereby submit to the exclusive jurisdiction of the Malaysia courts.