Effective: 18 September 2015
- These Terms and Conditions form the basis of the Active+ Rewards Program. Members may only participate in the Active+ Rewards Program in accordance with these Terms and Conditions. It is the Member's responsibility to read and understand them.
- These Terms and Conditions are effective as at the date specified above and may be amended by BelieveActive from time to time. The version of these Terms and Conditions published on the BelieveActive website from time to time is the current version and will bind all Members and Believe Active.
- Every Member and BelieveActive is bound by these Terms and Conditions. By requesting to join the Active+ Rewards Program, being or continuing as a Member, using his/her Membership, earning any Points, redeeming any Points or obtaining any other benefit from the Active+ Rewards Program, the Member agrees to be bound by and accepts these Terms and Conditions.
- An individual may apply to be a Member if they are aged 18 years or over and provide a current email address.
- Membership of the Program is open to individuals only.
- BelieveActive has the right to accept or reject any application for Membership.
- Successful applicants will be assigned a Membership number and asked to create a unique password. A Member may change his/her password thereafter. The Member's name, email address, phone number, birth date, address and recent Points transactions may be used for security purposes to identify a Member or confirm a Points transaction on behalf of a Member.
- Each Member must promptly notify BelieveActive of any change of name, address or other personal details, via BelieveActive website. Believe Active will not be liable for any failure of a Member to notify BelieveActive of any change of a Member's personal details.
- Points may only be earned and redeemed in accordance with these Terms and Conditions.
- The Membership, Membership number and unique password are valid for use only by the Member. In the event that a Member becomes aware of unauthorised use of their Membership, the Member must notify BelieveActive as soon as possible. Until BelieveActive is notified, the Member will be liable for all unauthorised use of the Membership and unique password.
- A Member cannot redeem points until the Member has activated his/her account online at the believeActive website.
- No Membership card will be issued to Members for the Program. The Membership number issued by BelieveActive to each Member shall be used by each Member to confirm the Member's Membership of the Program and to allow earning and redeeming of Points.
3. Changes to the Program
- BelieveActive may, in its absolute discretion, make any changes to the Program and/or these Terms and Conditions at any time, including, without limitation:
- the Points a Member can earn on Eligible Transactions;
- the range of Rewards and the number of Points required to be redeemed for Rewards; and
- the terms on which Points will expire including the period during which Activity is required before existing Points or Points issued in the future will expire.
- BelieveActive will give Members notice of any change to the Terms and Conditions by providing notice on the BelieveActive Website. Accordingly it is the Member's obligation to regularly check the BelieveActive website for updates.
- BelieveActive will use reasonable efforts to advise Members of any material change to these Terms and Conditions 30 days in advance of the relevant change.
4. Termination of Membership and Points
- A Member must not:
- act in any way that breaches these Terms and Conditions;
- abuse or misuse the Program Points, any benefit provided by BelieveActive or Program Partners or any benefit received under the Program;
- be abusive or offensive to any staff of BelieveActive (or its service providers) or a Program Partner;
- engage in any illegal or fraudulent activities associated with their Membership, the Program or BelieveActive;
- supply or attempt to supply any false or misleading information, or make any misrepresentation, to BelieveActive;
- sell, assign, transfer or acquire or offer to sell, assign, transfer or acquire Points other than in accordance with these Terms and Conditions.
- BelieveActive reserves the right to do any one or more of the following in the event a Member breaches these Terms and Conditions:
- immediately terminate or suspend the Member's Membership. Termination of a Member's Membership will also result in all Points accumulated by a Member being cancelled and unable to be redeemed;
- reverse, suspend or cancel Points awarded to a Member or part thereof;
- refuse to honour any request for Points to be redeemed;
- reverse or cancel any Reward issued as a result of a redemption of Points.
- BelieveActive will notify a Member if it intends to take any of the actions in this clause and the reason for that action.
- Members may at any time cancel their Membership by writing to Believe Active. Upon receipt of such request BelieveActive will cancel the relevant Membership and all accumulated Points in the Member's account.
5. Earning Points at Believe Active
- Subject to clauses 5.2 and 5.3, a Member may earn Points on each Eligible Transaction with BelieveActive (and may earn bonus (that is, extra) Points as a result of promotional or incentive offers by Believe Active from time to time) as described on BelieveActive website.
- Points (including bonus Points) are only earned in accordance with the rates, terms and conditions described on the BelieveActive website and are subject to change.
- It is the Member's responsibility to ensure that BelieveActive has the Member's Membership number and sufficient other information to ensure that BelieveActive can award Points to the Member.
- If clause 5.3 is not complied with, BelieveActive is not obliged to allocate Points in relation to that Eligible Transaction, but may do so at its discretion. Other terms applicable to earning Points.
- Points can only be redeemed as described in these Terms and Conditions and on the BelieveActive website.
- Points may be redeemed for BelieveActive discount codes in the denominations and on the terms described on the BelieveActive website.
- Members must have in their Membership account the number of Points they wish to redeem at the time of making the request for redemption.
- BelieveActive will deduct the number of Points from the Member's Membership account corresponding to the value of the discount codes requested as described on the BelieveActive website.
- Discount code issued upon redemption of Points will be available to the Member only through the BelieveActive website.
- Points cannot be converted to or exchanged for money.
- The current features and benefits of the Program are described on the Believe Active website.
- Believe Active may from time to time permit the redemption of Points for Rewards other than Believe Active discount code. Believe Active will notify Members of these Rewards on the Believe Active website.
- Believe Active may notify Members of any benefits or Rewards, or other special promotions, by mail, email, SMS, Push Notifications or in participating Believe Active stores. Believe Active may offer different benefits, Rewards and special promotions to different Members. Any such offer is personal to the Member who receives it and cannot be transferred, unless otherwise stated by Believe Active.
- If there is no Activity on a Member's Membership account for a period of 12 consecutive months then the total Points balance in the Member's account will expire and be forfeited. For the purpose of Points expiry, the Activity date is the date that Points are credited to or redeemed from a Membership account, not the date of the Eligible Transaction or redemption (as the case may be).
- Once Points have expired or been cancelled they cannot be reinstated.
- Membership, a Membership account and a Member's rights under these Terms and Conditions are not transferable.
- Points are not transferable under any circumstances.
10. Personal information
- By requesting to join the Program, being or continuing as a Member, using his/her Membership, earning any Points, redeeming any Points or obtaining any other benefit from the Program, the Member provides the consents and authorisations to BelieveActive.
- Each Member consents and authorises BelieveActive and its service providers to:
- collect the information in the Member's application for Membership and other information that BelieveActive or its Program Partners or service providers collect in relation to the Member, including any information that Believe Active considers will assist BelieveActive to provide services or benefits to the Member; and
- use, analyse and disclose that information for the following purposes:
- to operate, conduct and administer the Program (including providing that information to any Program Partner for the purposes of the Program);
- to provide goods, services or benefits to the Member;
- to facilitate any third party providing goods and services to the Member, BelieveActive and any Program Partner, in connection with the Program;
- to conduct research, surveys, marketing, product development and planning;
- to provide direct marketing to the Member;
- BelieveActive acknowledges that certain laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. Nothing in these Terms and Conditions is intended to exclude or restrict those laws or Member rights under the Malaysian Consumer Law.
12. Tax Implications
- The Member is solely responsible for (and BelieveActive is not liable for) any tax, duty or other charge imposed by law in any country in respect of the Program, the Member's participation in the Program, any Points earned, BelieveActive discount codes issued or any other transaction with regard to the Program.
- Members should seek their accountant's or tax adviser's advice in relation to any tax consequences as a result of participating in the Program.
13. Termination or suspension of the Program
- BelieveActive may terminate or suspend the Program at any time. BelieveActive will to the extent reasonably practical give 3 months' notice to Members of any such termination or suspension.
- If Believe Active terminates or suspends the Program, Believe Active will use all reasonable endeavours to ensure that Members will be able to redeem Points during the notice period in accordance with these Terms and Conditions, except if there is any legal reason preventing BelieveActive from operating the Program and/or BelieveActive has gone into liquidation or other form of administration, in which case BelieveActive may cancel any Member Points balance immediately.
- Any provision of these Terms and Conditions which is prohibited or unenforceable in any jurisdiction will not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
- These Terms and Conditions contain the entire terms and conditions with respect to the Program. They set out all of the terms and conditions relied on by the parties and supersede all earlier terms and conditions with respect to the Program.
- Any failure or delay by BelieveActive in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights. Any waiver by Believe Active must be in writing and signed by an authorised officer of Believe Active .
- Where BelieveActive gives a Member a notice under these Terms and Conditions on the BelieveActive Website, the notice is deemed to have been given on the date the notice is provided on the Website. Where Believe Active gives a Member a notice under these Terms and Conditions by direct communication, the Member agrees that the notice:
- is deemed to have been given to the Member if it is sent to the last known address (for that mode of communication) BelieveActive has for the Member in connection with the Program; and
- is deemed to have been given to the Member on the date of actual receipt of the notice by the Member or on the date 2 business days after the date of sending, whichever occurs first.
- These Terms and Conditions are governed by the laws of Malaysia. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
- Unless otherwise stated, any amounts detailed in these Terms and Conditions are exclusive of GST to the extent that they are subject to GST.
- For further details on the Program and earning or redeeming Points visit BelieveActive website.