C & J Clark (M) Sdn. Bhd. Malaysia Collective Loyalty Program – Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PARTICIPATING IN THE CLARKS COLLECTIVE LOYALTY PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE AS DESCRIBED BELOW, INCLUDING THE CLARKS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT PARTICIPATE IN THE CLARKS LOYALTY PROGRAM.
The Clarks Collective Loyalty Program Terms and Conditions (“Terms”) apply to your participation in the Clarks Collective Loyalty Program (“Clarks Loyalty Program”), which is operated by C & J Clark (M) Sdn. Bhd. and/or its affiliates (collectively “Clarks").
By enrolling in the Clarks Loyalty Program, you acknowledge that you have read, understand, and agree to be bound by the Terms. Your consent is subject to these Terms below.
CLARKS LOYALTY PROGRAM ELIGIBILITY
- You must be at least 18 years of age to participate in the Clarks Loyalty Program. If you are below the age of 18 years old, you may only participate in the Clarks Loyalty Program with the consent from your parent or legal guardian.
- The Clarks Loyalty Program is intended for personal use only. Commercial use by commercial customers and others purchasing items for resale are not eligible to participate in the Clarks Loyalty Program. Clarks maintains sole discretion as to whether a purchase is deemed a purchase for resale.
- You are required to provide us your personal details, including personal data (as defined under the Personal Data Protection Act 2010 of Malaysia), to apply to participate in the Clarks Loyalty Program. You hereby agree that all information that you submit are true and accurate and you will ensure that such information are kept up to date.
PRIVACY
- Any information you provide in connection with the Clarks Loyalty Program is subject to our Privacy Policy, which you can find at www.clarks.my/privacy-policy and is incorporated into these Terms.
- Your consent to the collection, use, disclosure and processing of your personal data will remail valid until withdrawn by you in writing (“Withdrawal Request”). You may withdraw such consent by notifying us in writing at https://clarks.my/pages/contact-us. Upon receipt of a Withdrawal Request, Clarks will cease collecting, using or disclosing your personal data in accordance with our Privacy Policy.
- Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.
JOINING THE CLARKS LOYALTY PROGRAM
- The Clarks Loyalty Program is a free customer loyalty program that allows registered members to earn points (“Points” or “FOB Points”) with qualifying purchases at our stores in Malaysia only. The Clarks Loyalty Program is only offered at participating Clarks Stores (including the Clarks Online Store) and may not be offered at all Clarks stores at any given time. Clarks reserves the right to offer the Program at any store as it deems necessary or suitable.
- You can enroll for the Clarks Loyalty Program either online or at any of our participating Clarks Stores. There are three tiers of membership, namely “Connect”, “Community” and “Circle” with different levels of loyalty benefits (please see Table below). Membership is personal and non-transferable. Registered members will be identified by either the member’s given email address or mobile number.
- There are no membership fees associated with the Clarks Loyalty Program. To enroll in the Clarks Loyalty Program, you must provide us with your first and last name, and a valid email address.
EARNING POINTS
- As a “Connect” or a “Community” tier member, you are eligible to earn one (1) FOB Point for every RM 1.00 you spend on merchandise you purchase at a participating Clarks Store in Malaysia. A “Circle” tier member is eligible to earn 1.5 FOB Point for every RM 1.00 spent at participating Clarks Stores. FOB Points are valued at 1 Point = RM 0.05.
- FOB Points can be earned and redeemed at all participating Clarks Stores and the Clarks online store at www.clarks.my.
- FOB Points are earned on the net purchase amount, excluding any tax, after applying all other discounts, offers, promotions and/or coupons. FOB Points cannot be earned on purchases of gift cards, shipping costs, donations or other non-merchandise items. FOB points will be added to your loyalty account at the end of our return period, assuming that the product was not returned.
- After spending a minimum of RM 600 within a 12-month period, a “Connect” tier member will be automatically upgraded to the “Community” tier level and stand to receive 300 FOB Points. Similarly, a “Community” tier member and a “Connect” tier member will be automatically upgraded to the “Circle” tier with a minimum spend of RM 1,200 within a 12-month period. A registered Clarks Loyalty Program member must spend the relevant minimum amounts every period of a year to maintain its “Community” and “Circle” tier membership. Clarks reserves the right to delete accumulated FOB Points from a member’s account if such account is inactive for a period of at least 12 months.
- All registered members will be entitled to the perks and privileges in the respective tiers as set out in the Table above. You may check your membership status and the FOB Points you have accumulated when you login to your registered account.
- The FOB Points accumulated by you are promotional in nature and are not redeemable for cash, have no cash value, and cannot be used for any purpose other than as described in these Terms. The FOB Points cannot be transferred to any other person or customer. If you submit a Withdrawal Request, you will lose all the accumulated FOB Points in your registered account.
discounts and tiered perks
- The FOB Points earned will entitle you to the discounts and tiered perks as set out in the Table above, which may be subject to change from time to time at the discretion of Clarks in accordance with these Terms.
- The “1st Order Discount” is only applicable on selected full priced items in participating Clarks Stores and the Clarks Online Store. This includes full-priced Originals, special collaborations and new arrival merchandise. The discount is only applicable once – which means if you have used this discount at our Clarks Store, it will not be applicable on Clarks Online Store.
EXPIRATION OF POINTS AND INACTIVE registered ACCOUNTS
- Unless otherwise modified and communicated by Clarks, all FOB Points will expire within 365 days from the date they are earned. In a transaction where you choose to use your FOB Points, they are applied according to age of expiration, with the oldest FOB Points being used first.
- Any registered account in which there is no activity (e.g. no earning or redeeming of FOB Points) for a period of 365 days is subject to cancellation at the discretion of Clarks, with or without prior notice to the member. In the event of Cancellation, any accumulated FOB Points in the registered account will immediately expire and become null and void.
IMPACT OF MERCHANDISE RETURNS
- All returns, in all circumstances, must be in accordance with the Clarks Return Policy. If you return merchandise from a purchase for which you have received FOB Points, any FOB Points you earned from that purchase will be deducted from your registered account.
AVAILABILITY OF CLARKS LOYALTY PROGRAM SERVICES
- Clarks will make all attempts to ensure that the online services of the Clarks Loyalty Program remain available at all times. However, these services may occasionally undergo repairs, maintenance or the introduction of new services in which case it may be temporarily inaccessible or suspended with or without any prior notice. Clarks disclaims any consequences or liability (including any direct or indirect losses) for any suspension, interruption, failure or malfunction of such online services, including any inability to access such online services due to network issues.
- Clarks reserves the right to:
- permanently disable or temporarily suspend the Clarks Loyalty Program or any individual member’s Loyalty Program membership, for any reason, including but not limited to if Clarks determines, in its sole discretion, that you have violated these Terms, you have more than one registered Account, or that the use of your registered Account or your participation in the Clarks Loyalty Program is unauthorised, abusive, deceptive, fraudulent or otherwise unlawful. Clarks may, in its sole discretion, suspend, cancel or combine registered Accounts that appear to be duplicative; and
- if the Clarks Loyalty Program is suspended or terminated, Clarks shall endeavour, but shall not be obliged to, inform members via email or on our website. Affected registered members will be given a period of 30 days to use up the member’s earned FOB Points, and upon the expiry of the said period of 30 days, any unused balance of FOB Points will be forfeited and shall be null and void.
- In the case of a termination and/or suspension of the Clarks Loyalty Program, Clarks will NOT be liable to affected registered members in any way whatsoever.
limitation of liability
- By enrolling in the Clarks Loyalty Program, you unconditionally agree that you will assume all risks in connection with your participation of the Clarks Loyalty Program. By participating in the Clarks Loyalty Program, you hereby release Clarks from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to his/her participation in the Clarks Loyalty Program, use of FOB Points, or agreement to these Terms.
indemnity
- You hereby agree to defend, indemnify and hold Clarks harmless against all damages of any kind, losses, expenses, liabilities, obligations, costs (including legal costs) suffered or incurred by Clarks in connection with or arising from:-
(a) your access and use of this website and/or the Clarks Loyalty Program services;
(b) your breach or violation of any of the term of these Terms;
(c) any third party being allowed by you to gain access to this website and/or use the Clarks Loyalty Program services by using your user ID and/or password.
Your obligations under this indemnity clause shall survive the termination of these Terms and your use of the Clarks Loyalty Program services.
no waiver
- Clarks’ failure or delay to exercise any right or remedy provided under these Terms shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise by Clarks of that or any other right or remedy. No single or partial exercise of any right or remedy by Clarks shall preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy.
severability
- If any provision of these Terms is held to be invalid or unenforceable, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in these Terms but without invalidating any of the remaining provisions of these Terms.
entire agreement
- These Terms and any documents referred to in it constitute the entire agreement between Clarks and you and supersede all previous and contemporaneous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations, arrangements and understandings between you and Clarks, whether written or oral, relating to their subject matters.
rights of third parties
- These Terms do not create any right enforceable by any person not a party to it.
governing law and dispute resolution
- These Terms shall be governed by and construed in accordance with the laws of Malaysia.
- Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the AIAC Arbitration Rules. The seat of arbitration shall be Kuala Lumpur, Malaysia. The language to be used in the arbitral proceedings shall be English. The law governing the arbitration clause shall be the laws of Malaysia. Before referring the dispute to arbitration, the parties shall seek an amicable settlement of that dispute by mediation in accordance with the AIAC Mediation Rules as in force on the date of the commencement of mediation.
COMMUNICATIONS
- By enrolling in the Clarks Loyalty Program, you agree to receive email messages and postal mail with information about your Account and other promotional and marketing information from Clarks, to the email address and postal address you provided and that is associated with your Account. To stop receiving promotional emails and email marketing communications from Clarks, you may use the unsubscribe option in any such email. If you opt-out of receiving promotional and marketing communications, you will still receive email communication of FOB Points issued to you under the Clarks Loyalty Program; such communication is the sole method of notifying you of any earned FOB Points.
UPDATES AND CHANGES
- Clarks reserves the right to change, suspend, modify and/or eliminate Clarks Loyalty Program and/or all or any portion of these Terms or any policy pertaining to the Clarks Loyalty Program at any time and in our sole discretion. Such changes may include the exclusion of certain merchandise from the Program. If the Clarks Loyalty Program is terminated, all unredeemed benefits shall be forfeited without any liability to Clarks. If Clarks makes changes to these Terms, we will post the amended Terms at [www.clarksxxxxxxxx /rewards-program-terms] and will also send notification via email to members at the email addresses on record for such members in the Program. You are responsible for making sure the email address you supply to us is current. Unless otherwise stated, changes normally will become effective immediately after posting. If you disagree with any change, your sole remedy is to cease participating in the Clarks Loyalty Program. Continued participation after the effective date constitutes agreement to the change.
Last Updated: 1 February 2024
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