Midas Merge Sdn Bhd (“the Company, we, our or us”) is
committed to protect the personal data of the applicants and members (“Members,
you or yours”) of our Mm card programme (“Programme”) and will take
necessary and relevant measures to safeguard the Members’ personal data in
accordance with the Personal Data Protection Act 2010.
This Policy explains how the Company collects and processes your
personal data and governs the manners in which the Company uses, maintains and
discloses the collected personal data.
This Policy only applies
to personal data of individuals that are processed for commercial transactions.
1. Personal data
Personal data means any information provided by you which relates to
and/or relates back to you including but not limited to your: Name; Age;
Gender; Race; Religion; Nationality; Identity card/passport number;
Correspondence/office/e-mail address; Marital Status; Home/Office/Mobile
phone/facsimile number; Bank Account Information; login/admin password; and any
other personal data as defined and described under Personal Data Protection Act
2010 (“PDPA”).
2. Collection of personal data
The Company may collect personal data of the
Members who are using our services (as defined below). The processing and
utilisation of the Members’ personal data will be done in accordance with this
Policy, the PDPA and all applicable laws.
Using our Services means:
a) being a member of the Programme;
b) shopping with us in our stores;
c) register on and using our mobile application (“App”) where this Policy is posted
d) signing up for electronic direct marketing communication such as newsletter you receive from us via e-mail or SMS; or
e)
signing up for any membership
with us, or take part in surveys, competitions or events organised by us.
Your personal data may be collected when:
a) you use our Services
b) you shop with us at our stores or use our App;
c) you contact us or we contact you or you take part in promotions, competitions, surveys or reviews about our Services; or
d) When you participate in charity or corporate social responsibility events organized by us or by any other entities or groups supported by us.
3. Purpose of collecting and processing your personal data
The collecting and processing of your
personal data may include, but not limited to the following purposes: -
a) to process your requested services;
b) to process reward, redemption and payment transactions, delivery of notice, forms, letters, and other documents necessarily required
c) to respond to your enquiries;
d) communications with you and delivery of information by any communication methods including, but not limited to e-mail, telephone calls, facsimile, short message service, social media and other services;
e) any other purposes provided for in our Services and/or products offered by us;
f) market survey and trend analysis;
g) prevention, hindrance, reporting of any criminal activities including but not limited to, fraud, bribery and money laundering;
h) compliance to any legal requirements and/or to make any disclosure under the requirements of any applicable law, regulations, directions, court orders, guidelines, circulars, codes which are applicable to us
i) for internal records and maintenance of our user database
j) for Company’s credit risk management and credibility worthiness check of its users; and
k)
to monitor, review and improve
the Company’s services.
Note:
You are deemed to have subscribed to our marketing mailing list upon your
registration as a Member in the App and we will send or deliver to you our
marketing information and relevant updates (“Newsletter(s)”) via push notification, SMS, electronic direct
mail (e-DM) and/or direct mail (DM). If you wish to unsubscribe from our
marketing mailing list, you may do so by submitting your request to ([Email])
or clicking the “unsubscribe” link in any Newsletter emailed to you.
4. Disclosing your personal data
The Company may disclose your personal data
to the following parties (including those located overseas) for the purposes
stated above:
a) agents and service providers who provide services relating to the purposes of which the personal data is collected including data processing services;
b) any person, who is under a duty of confidentiality and who has undertaken the responsibility to keep such data confidential; and
c)
The Company's related and
associated companies and affiliates.
The Company will not disclose your personal
data to any unaffiliated third parties without your consents unless such
personal data is required by law or in good faith and such action is necessary
to comply with any law enforcement agency requirements, court orders or legal
processes.
In addition, the Company does not sell, trade, or rent your personal
data to others.
5. Accessing and updating your personal data
If any Member would like to access, update or
correct the provided personal data, such Member may do so by submitting his/her request via our App.
6. Length of keeping the personal data
The Company will not keep your personal data
longer than we need to and the period of time of which we keep your personal
data depends on several factors, including:
a) the reason we collect the information;
b) the period since we have collected it;
c) any legal/regulatory reason for us to keep it; and
d)
the need to protect you or us.
7. Cookies
Cookies are small text files containing a unique identifier, which
are stored on your computer or mobile device so that your device can be
recognised when you are using a particular website or mobile app. They can be
used only for the duration of your visit or they can be used to measure how you
interact with services and content over time. Cookies help to provide important
features and functionality in our App, and to improve your customer experience.
Cookies are coded into the App and will
use a unique identifier created by your mobile device for use for advertising
activities. You can turn off or reset this advertising identifier through your
mobile device’s privacy settings.
8. Your obligations
It is your obligation to supply your personal data to us in the most
accurate manner. If you do not provide us with the correct and accurate
personal data, we are unable to, process your personal data on your behalf, for
the purposes stated in section 3 herein, or effectively render our services to
you, and all relationships created or to be created between us shall then be
terminated and ceased to be in effect immediately.
9.
Your rights to access
and correct your personal data
a)
Right to request access to
personal data
Subject to our rights of refusal under the
PDPA, you are entitled to request access to your personal data that is
processed by us with reasonable notice.
b)
Right to request correction of
personal data
Subject to our rights of refusal under the
Act, you are entitled to request the correction of your personal data that is
inaccurate, incomplete or out-of-date with reasonable notice.
c)
Rights to limit processing of
your personal data
You are entitled to limit our processing of your personal data by expressly
withdrawing in full your consent given previously including for us to send any
advertising and marketing materials or for direct marketing purposes subject to
any applicable legal restrictions, contractual conditions and within a
reasonable time period.
10. Changes to this Policy
The Company reserves the right to amend or
update this Policy at any time to reflect changes in the law, our business
practices, processes or structure. Upon the update or amendment, The Company
will post notification(s) in the App. The Members acknowledge and agree that it
is the Members’ responsibility to review this Policy periodically and become
aware of any modifications.
TERMS AND CONDITIONS
FOR MIDAS E-STORE
This Midas mobile app (the “Platform”) is owned and operated
by Midas Merge Sdn Bhd (“Company”).
This Platform provides consumers a convenient way to
purchase home products and office supplies. The Terms of this Agreement will
apply to visitors as well as account holders. By using the platform, you
acknowledge that you have read and understood the terms and conditions of this
agreement and will comply by all of its provisions. We deserve the right to
change the Agreement at any time and your continuous use of the platform
denotes that you accept any revised terms.
1
GENERAL
1.1
You agree that the Company reserves the right to
amend these terms and conditions at any time, in the Company’s sole discretion,
by posting any such amendment(s) to the Company’s platform without prior and
separate notice.
1.2
Your continued use of the site or any part of it
after amendment to these terms and conditions is posted will be deemed as full
knowledge and acceptance of the revised terms and conditions. If you do not
agree to any such amendment(s), your sole recourse shall be to cease using the
site.
2
REGISTRATION AND ACCOUNT SECURITY
1.
2.
2.1
To register an account, you must be over
eighteen (18) years of age.
2.2
Customer is required to register before placing
any order through this platform. During the registration:
·
You must provide us with accurate, complete and
up to date registration information;
·
You must safeguard your username and password;
·
You authorize us to assume that any person using
the site with your username and password is either you or is authorized to act
for you.
2.3
The Company has the absolute discretion to
refuse registration of a potential customer and to terminate the registration
of any customer for any reason whatsoever.
2.4
Members must register their personal details or
business information and keep the Company informed of any changes via the Midas
App.
2.5
Customer
shall be liable for every order made under your login and agrees to indemnify
the Company for all claims, damages whatsoever made by any third party arising
from the actions of a person placing orders through this platform using your
login.
2.6
Should you find any unauthorised use of your
login, you shall notify the Company immediately and effectively.
3
PRICE AND PRODUCT
3.1
The Company shall make every effort to ensure
that prices, details and sizes of products on this platform are up to date.
Prices are subject to change without prior notice and all orders are subject to
Company's acceptance at its sole discretion and stock availability.
3.2
The Company shall make every effort to ensure
products displayed on the platform are in stock. If from time to time products
become out of stock, the Company reserves the right to offer alternative
product/s to the Customer of similar value and range, or to refund for the unavailable product.
3.3
Prices charged for purchases on this platform
may be different from those charged in our stores.
3.4
The prices charged are those applicable on the
day you order.
3.5
When ordering goods by weight, Midas reserves
the right to supply goods with a weight difference. However, Midas shall make
every effort to ensure the weight difference is minimal and as close to
Customer’s request.
3.6
All orders are subject to confirmation of final
availability and the Company reserves the right to reject the order in the event
that any of the products or services requested is unavailable. In the event
that we are unable to fulfil any of the products or services in your order, we
will notify you by phone or email.
3.7
All pictures and images of the products
displayed on this site are for illustration purposes in order to help the
customer to recognise the products only. The actual size, dimension and colour
of the products may differ.
4
ONLINE ORDER
1.
2.
3.
4.1
Once you have selected a product that you wish
to order via Midas E-Store, you will then be shown (on the platform) the
charges you must pay including taxes, if applicable, and any applicable
delivery charges.
4.2
Midas online purchase required no minimum
spending per order.
4.3
Customer shall pay for the order in full at the
time of ordering by supplying us with your payment options acceptable by us.
4.4
We shall not be obliged to supply the product to
you until we have accepted your payment of the order.
4.5
Until the time when we accept your payment of
the order, we reserve the right to refuse to process your order or hand the
products to you.
4.6
We reserve the right to cancel your order if we
found any dispute or potential fraud.
5
STOCK AVAILABILITY
5.1
The availability of the goods presented on the
Platforms depends on stock in stores and the Company does not guarantee the
availability of goods.
5.2
In order to ensure that goods are available to
all customers, the Company has the right to limit the maximum purchase quantity
of the individual product by a single Customer. For example, if the Customer
makes an order of 10 bottles of chilli sauce which would use up all the stock
of that store, the store may only deliver 5 bottles.
5.3
The Customer shall always be notified in advance
if the goods requested cannot be delivered by reason that it has exceeded the
maximum or restricted limit.
5.4 If the goods requested by the Customer are unavailable due to factors beyond the Company’s control, the Company shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item, or to refund for the unavailable product.
5.5
On delivery the substituted goods will be
separated from the other products requested by the Customer and the customer
shall be entitled to refuse to accept the substituted goods either in full or
partially.
5.6
The amount for the goods that are not accepted
shall not be charged to the Customer’s payment card, if the Customer has
provided payment card details in advance in order to pay online.
5.7
Delivery charges will be imposed for
cancellation/refund request agreed by both parties, the Company and the
Customer.
6
CANCELLATION
2
3
4
5
6.1
The Company may cancel an order if the product
is not available for any reason. We will notify you if this is the case and
refund any payment that you have made. Refund will be credited into Customer's
credit card or bank account depending on the period of time your financial institution
required to arrange for the refund.
6.2
You are not allowed to cancel the order once a
Confirmation of Order is issued. If you wish to seek further information or
assistance, kindly contact our customer service hotline
7
RETURN / REFUND
1.
2.
3.
4.
5.
6.
7.1
No refunds will be given upon confirmation of
order/payment.
7.2
No return will be given upon confirmation of
order/payment.
7.3
Exchange of the product can be arranged for the
following reasons:
·
If the product is expired / damaged upon collection
at the store/at time of delivery.
·
If the product is expired/damaged inside
packaging after collection/delivery; and you contact customer service within 24hours.
7.4
For home delivery, you shall examine the goods
immediately upon collection for any deficiencies and/or damages. Claims (if
any) must be lodged to our customer service hotline 012-771 2318 at the time of
collection/ delivery; otherwise we shall have the discretion to reject the
exchange of product.
7.5
For self collection from Midas store, you shall
examine the goods immediately upon collection for any deficient and/or damages.
No exchange of product is allowed upon collection from the store.
7.6
We will inspect the returned product upon return
by you. If one or more of the conditions in 7.3 is fulfilled, you are entitled
to choose between an exchange of the product if the product is available in our
stock.
8
PAYMENT TERMS
1.
2.
3.
4.
5.
6.
7.
8.1
Payment for all orders shall be made in Ringgit
Malaysia (RM). We accept payment for orders by MasterCard, Visa, or any
payment operators authorised by Bank Negara.
8.2
Midas shall not be liable for any credit card
fraud. Please note that we do not receive cash on delivery.
8.3
All product prices listed are in Ringgit
Malaysia (RM).
8.4
Full payment in respect of an order must be made
upon the placing of the order. If your payment cannot be processed, the order
will be not be accepted and you are advised to contact your card issuer or bank to
resolve any problem concerning the use of your credit card or bank account in order to continue
with the order.
8.5
We reserve the right to change the payment terms
for any order without prior notice.
8.6
If payment for any order has already been made
but the order is not accepted by us or certain items unable to be fulfilled due to stock unavailability, you will be entitled to a refund,
depending on the period of time your financial institution needs to arrange the
refund. We shall not be liable with respect to any loss, damage, cost or
expense that you or any person may incur as a result of any delay in your
financial institution processing the said refund.
9
GOODS COLLECTION AT MIDAS PANDAN OUTLET
9.1 The customer can collect the paid order at Midas Pandan outlet either at 12.00pm or 5.00pm daily, subject to the following condition:
a) Pick up on the same day at 12.00pm or 5.00pm: for order confirmed (complete payment) before 10.00am
b) Pick up on the following day: for order confirmed (complete payment) after 10.00am
9.2 The point of collection is only applicable to Midas Mart Pandan.
9.3
If you are not personally available to collect
at store, an authorized representative may collect on your behalf provided you
had called customer service to update the representative information and the
representative must be over 21 years of age. You or your representative may be
required to produce proof of identity via tele-conversation on collection of
products and you or your representative shall acknowledge receipt of the
delivery.
9.4
Order will be cancelled if you do not collect
the product within 3 hours from the time of confirmation of order is issued via
Midas mobile app. Refund will be granted in such event at the discretion of Midas,
and subject to deduction of administration costs.
9.5
We will not entertain any request for change of
store for collection after order confirmation is issued.
9.6
We reserve the right to withhold delivery of the
products to you if we have any doubts whatsoever as to your credit worthiness
or insufficient identification.
9.7
No delivery charges apply for orders collected
in selected store. However, we reserve the right to charge RM20.00 administration
charges / delivery charges for any other special redelivery arrangement or
return request.
10
HOME DELIVERY
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.1 We
shall deliver the products to the delivery address specified based on the time stated in 10.4.
10.2 Delivery
times will be agreed with the Customer by our Customer Service after placing the order.
10.3 Whilst
we make every effort to deliver all Customer goods in the agreed time, the
Company will not be liable if it fails to do so in part or in full due to
circumstances beyond its control.
10.4 Your order will be delivered to you via our delivery team or the service of a courier service company appointed by Midas based on the following schedule,
a) Delivery Date and Time: Monday to Saturday, 10.00am to 6.00pm (no delivery on Sunday or public holiday)
b) For order confirmed (complete payment) before 12.00pm: delivery will be arranged on the same day.
c) For order confirmed (complete payment) after 12.00pm: delivery will be arranged on the next day.
10.5 Our delivery team will deliver Customer’s order to the main entrance of the delivery address. At Customer’s request, our delivery team may carry Customer’s order into the delivery address, for example, to a particular floor in an apartment block or into the kitchen but only if : a) the driver has the Customer’s permission, b) the driver believes that it is safe and practical to do as Customer requests, c) there is no obstacle preventing entrance, for example a locked main door.
10.6 The Company reserves the right to
deliver only to the main entrance of the delivery address.
10.7 If there is nobody qualified to
receive the goods at the agreed time and place specified by the Customer, we
will leave notification of attempted delivery and Customer will need to contact
customer services to re-arrange delivery.
10.8 If Customer requests for redelivery,
the Company is entitled to charge an additional re-delivery fee of RM20.00 for
providing the service.
10.9 If there are any changes in the delivery address/contact details made between submission of order and delivery date, customers are to contact our customer service, 012-771 2318 at least an hour prior to delivery.
10.10 No amendment to an order is allowed once order is processed.
10.11 To add items, kindly create a second order prior to delivery and inform us via hotline. All amendments if agreed to surcharge or cancellation of deliveries must be confirmed via a reply through email/ hotline/WhatsApp.
11 DELIVERY CHARGES
11.1 Delivery Charges will be calculated based on the delivery area stated below:
a) Delivery Radius: within 20km from Midas Outlet
b) Delivery Charges: RM6.00 for the first 10km (+ RM1.00 for each and every 1km thereafter)
12 CUSTOMER SERVICES
12.1 Should you have any enquiry on Midas e-store, kindly contact our customer service at 012-771 2318 or email us at enquiries@midas.com.my
This Midas e-store App is operated by Midas Merge Sdn Bhd (200201006727)(574390-H), Lot No G11, S'MART Building, PTD154409, Batu 7 1/2, Jalan Kota Tinggi, 81100 Johor Bahru, Johor.