CIMB Bank Plug n Pay Activation Campaign Terms and Conditions

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1 CIMB Bank Plug n Pay Activation Campaign Terms and Conditions 1. The CIMB Bank Plug n Pay Activation Campaign ( Campaign ) is organised by CIMB Bank Berhad (13491-P) ( CIMB Bank ). Campaign Period 2. The Campaign shall run from 15 June 2017 to 31 August 2017, both dates inclusive ( the Campaign Period ). 3. CIMB Bank reserves the right upon giving adequate prior notice of not less than fourteen (14) calendar days to change the duration and/or expiry dates of the Campaign Period. Eligibility 4. This Campaign is open to selected CIMB Bank Plug n Pay merchants, acquired by CIMB Bank in Malaysia who have received a short message service ( SMS ) at the merchants mobile number maintained in CIMB Bank s record and/or electronic direct mailer ( EDM ) at the merchants address maintained in CIMB Bank s record from CIMB Bank about this Campaign as an invitation to participate in this Campaign ( Eligible Merchant(s) ). It shall be the Eligible Merchant(s) responsibility to ensure their mobile numbers and electronic mail addresses provided ( Contact Particulars ) to CIMB Bank are current and updated. In the event there is a change to the Contact Particulars, it shall be the responsibility of the Eligible Merchant(s) to update CIMB Bank of the same. CIMB Bank shall not be responsible to the Eligible Merchant(s) for any loss (including loss of opportunity and consequential loss arising therefrom) suffered or incurred in the event the Contact Particulars maintained in CIMB Bank s record is not current or correct. 5. The following categories of person are not eligible to participate in this Campaign:- (i) (ii) (iii) Representative and/or agents (including advertising and promotion agents) of CIMB Group of Companies; VISA Worldwide Pte. Limited, a company registered in Singapore, having its office at 30, Raffles Place, #10-00, Chevron House, Singapore ( VISA ) (including its respective subsidiaries and related companies); and Mastercard Worldwide, a company organized under the State of Delaware, having its office and principal place of business at 2000 Purchase Street, Purchase, New York, NY , United States of America ( Mastercard ) (including its respective subsidiaries and related companies). CIMB Group of Companies means the groups of companies/legal entities of which CIMB Group Holdings Berhad, being the ultimate holding company of CIMB Bank Berhad has a controlling interest, directly or indirectly, either by itself or through its subsidiaries. 1

2 Campaign Mechanics and Conditions 6. Top 100 Eligible Merchants with the highest sales volume during the Campaign Period will receive RM300 Rebate (as defined in Clause 12 herein). Eligible Merchant(s) must meet the minimum sales volume amount as specified in the SMS and/or EDM sent to them by making Eligible Transaction(s) (as defined in Clause 8 herein) during the Campaign Period ( Minimum Sales Volume Requirement ). 7. Eligible Merchant(s) must meet the Minimum Sales Volume Requirement of RM5,000 per month and 20 transactions throughout the Campaign Period collectively known as ( Eligible Transaction(s) ). 8. The Eligible Transaction(s) must be performed in local currency via Plug n Pay reader(s). For the avoidance of doubt, the following transactions are expressly excluded and shall not be treated as an Eligible Transaction(s):- i) Transaction(s) made online or through Electronic Data Capture (EDC) machine; ii) Transactions which are not posted, void, subsequently cancelled or refunded, disputed, unauthorised or fraudulent transactions. Any determination by CIMB Bank as to what constitutes an Eligible Transaction(s) shall be conclusive and shall not be challenged in any manner whatsoever, save for manifest error. 9. Eligible Transaction(s) is calculated based on the total consolidated sales volume on Plug n Pay reader(s) of the particular Eligible Merchant. 10. All Eligible Transaction(s) will be automatically tracked by CIMB Bank for the purpose of meeting the Minimum Sales Volume Requirement of the Eligible Merchant(s) as set out in the SMS and/or EDM. The tracking of the Eligible Transaction(s) is based on the transaction dates and/or time (Malaysian Time) as captured by CIMB Bank s transaction records during the Campaign Period. 11. CIMB Bank shall not be held responsible or liable for any delay in the posting of the Eligible Transaction(s) to the Eligible Merchant(s) customers credit card account(s) and/or error or omission in the posting of the Eligible Transactions due to any reasons whatsoever and howsoever arising including but not limited to the delay on the part of the merchant unless the same is due to the gross negligence and/or default of CIMB Bank. Rebate Fulfillment Process 12. Upon successfully meeting the Minimum Sales Volume Requirement by performing Eligible Transaction(s) as stated in Clause 7 herein, Eligible Merchant(s) will be rewarded with the Rebate as stated in the SMS and/or EDM sent ( Rebate ). For the avoidance of doubt, the amount of Rebate entitled by the Eligible Merchant(s) will be fixed at RM300, the amount as stated in the SMS and/or EDM sent to the Eligible Merchant(s). 2

3 13. Any determination by CIMB Bank on the computation and amount of the Rebate shall be conclusive and shall not be challenged in any manner whatsoever, save for manifest error. 14. Eligible Merchant(s) who is entitled to the Rebate will receive the Rebate within twelve (12) weeks after the end of the Campaign Period. The Rebate will be credited to the Eligible Merchant(s)CIMB Merchant Account and cannot be transferred to any other person(s). 15. At the time of receipt of the Rebate, the Eligible Merchant(s) CIMB merchant account(s) MUST NOT be delinquent, and/or be invalid or cancelled; otherwise the Eligible Merchant(s) will be disqualified from receiving the Rebate. 16. The Rebate cannot be exchanged for a different prize or reward of similar cost or any other alternatives in any circumstances. General Terms and Conditions 17. By participating in the Campaign, the Eligible Merchant(s) is deemed to have read, understood and agreed to be bound by the Terms and Conditions stated herein and agree that any and all decisions fairly and reasonably made by CIMB Bank in relation to every aspect of the Campaign shall be final and conclusive. 18. By acceptance or receipt of the Rebate, Eligible Merchant(s) who received the Rebate agrees to hold CIMB Bank and its affiliates and their respective directors, officers, employees and agents harmless from any claim, action, proceeding, judgment, damage, loss, expense or liability suffered by CIMB Bank and its affiliates and their respective directors, officers, employees and agents in connection with the Eligible Merchant(s) participation in the Campaign or receipt, redemption or use of the Rebate. CIMB Bank shall not be liable to any Eligible Merchant(s) or any party for any loss or damage of whatsoever nature suffered by the Eligible Merchant(s) or any party (including but not limited to, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party) howsoever arising, in relation to the participation or non-participation in the Campaign unless the same is due to the gross negligence and/or default of CIMB Bank. 19. CIMB Bank shall be entitled to substitute or replace the Rebate offered under this Campaign with a prize or reward of similar cost and/or to extend, modify, shorten, discontinue, cancel, terminate or suspend the Campaign by giving prior notice of fourteen (14) calendar days to the Eligible Merchant(s). No compensation in cash or any kind shall be given to the Eligible Merchant(s) for any losses or damages suffered or incurred by the Eligible Merchant(s) as a direct or an indirect result of such substitution or replacement of the Rebate and/or extension, modification, shortening, discontinuation, cancellation, termination or suspension of this Campaign unless the same is due to CIMB Bank s wilful default or gross neglect. 20. CIMB Bank shall be entitled to amend, vary, delete or add ( the Amendment ) to any of these Terms and Conditions by giving prior notice of twenty one (21) calendar days to the Eligible Merchant(s). Notification to the Eligible Merchant(s) in respect of the Amendment shall be effected at CIMB Bank s absolute discretion through any 3

4 one of the following means of communication, namely, by ordinary mail to the Eligible Merchant(s) last known address or by posting a notice regarding the Amendment at each of CIMB Bank s branches where detailed provisions regarding the Amendment may be provided in the notice itself or may be provided to the Eligible Merchant(s) upon request or by effecting an advertisement regarding the Amendment in one newspaper of CIMB Bank s choice, or via CIMB Bank s website or via electronic mail or by any other means of notice which CIMB Bank may select and the Amendment shall be deemed as binding on the Eligible Merchant(s) as from the date of notification of the Amendment or from such other date as may be specified by CIMB Bank in the notification. Eligible Merchant(s) acknowledges and agrees to access CIMB Bank s website at regular intervals to view these Terms and Conditions and to ensure that he/she is kept up-to-date with any changes or variations to the Terms and Conditions herein. 21. CIMB Bank shall not be liable to any party, including the Eligible Merchant(s) for any loss or damage of whatsoever nature suffered by the Eligible Merchant(s) or any party (including but not limited to any injury or death, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party) arising, in relation to the participation or non-participation in the Campaign including arising from any non-receipt or delayed receipt by the selected Eligible Merchant(s) of the SMS or EDM. 22. CIMB Bank shall not be liable or held responsible to the Eligible Merchant(s) in any manner whatsoever if CIMB Bank is unable to perform any of its obligations stipulated herein where such inability is due directly or indirectly to any Act of God, industrial dispute, war, strike, riot, technical or system failures or anything beyond CIMB Bank s reasonable control. 23. CIMB Bank shall not be responsible for any tax implications that may arise from the receipt or use of the Rebate. Any tax filing obligation or any tax payment imposed by any authority as a result of receipt or usage of the Rebate shall remain the sole responsibility of the Eligible Merchant(s) of this Campaign. It is the responsibility of each Eligible Merchant(s) to seek independent advice on the possible tax implications under this Campaign. 24. The Terms and Conditions herein (as the same may be amended from time to time pursuant to Clause 20) shall prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional and/or advertising materials in relation to the Campaign. 25. If there is any inconsistency (ies), conflict(s), ambiguity (ies) or discrepancy (ies) between the Bahasa Malaysia and English version of these Terms and Conditions herein, the English version of these Terms and Conditions shall prevail. Notwithstanding the aforementioned, where request had been made by the Eligible Merchant and noted and acknowledged by CIMB Bank in its records that the Bahasa Malaysia version of these Terms & Conditions shall govern the Eligible Merchant s CIMB merchant account, then the Bahasa Malaysia version of these Terms and Conditions shall prevail. 26. For feedbacks and/or complaints related to this Campaign, the Eligible Merchant may contact CIMB Bank s Customer Resolution Unit bearing the following address, 4

5 telephone and facsimile numbers (or bearing such other address, telephone and facsimile numbers which CIMB Bank may change by notification to the Eligible Merchant): Customer Resolution Unit, Level 19, Menara Bumiputra-Commerce, 11 Jalan Raja Laut, Kuala Lumpur Tel: / Fax: / E- mail: cru@cimb.com. 5