Terms & Conditions
Updated at 9th October 2020
Please read the terms and conditions (“Terms”) set out below carefully before accessing or using our Application & Website. By accessing or using any part of this website, by phone, or by our application, you agree to be bound by these Terms.
Introduction
We are WALKER INTERNATIONAL SDN. BHD. (“Walker Mart”) maintains Application & Website and the following terms and conditions apply to your access and use of this Application & Website.
Definitions
- Application means mobile applications on which we display the promotion and rewards on which we offer our Services supplied by Walker International Sdn. Bhd. and downloaded and installed for use on mobile devices;
- Customer means a person who make a payment to our own outlets using the app;
- Payment Option(s) means the payment options offered at checkout by Walker Mart, including debit card, credit card & e-wallet;
- Services means the associated services provided by Walker Mart to facilitate the Customer making a payment with our outlets.
- Products means the items provided by Walker Mart;
- Us, we or our means Walker International Sdn. Bhd. Or Walker Mart;
- You, your or yourself means the person using or accessing the Application, Website or Services, and includes all Customers;
- Website means our website https://www.walkermart.com.my.
Membership
- Membership to the Loyalty Programme is opened to all individuals aged eighteen (18) years old and above residing in Malaysia, subject to the following (“Membership”):
- The Membership is not available to individuals under the age of eighteen (18) years old.
- The Membership is not available to individuals that are not allowed for any reason whatsoever to enter into a contractual relationship.
- Corporations, partnerships, limited liability companies, trusts, organisations, societies or any other legal entities are not permitted to apply or sign-up for the Membership.
- To sign-up for the Membership vide the Application, no membership fee will be imposed. However, Application of the Membership must be accompanied by completion of details marked as mandatory fields in the sign-up page on Application. You shall ensure the details provided are true, accurate, current and complete. Points accumulation will only start after Membership application is complete and successful.
- Each individual shall only be entitled to apply for ONE (1) Membership.
- Multiple applications by an individual are not allowed. If a Member inadvertently creates one or more duplicate account(s), Walker Mart reserves the right to either merge and consolidate the details and points earned on the duplicate account(s) of the Member into the Member’s earlier account, retaining their original expiry date or forfeit such points earned on the duplicate account(s), and thereafter cancel all duplicate account(s).
- Walker Mart shall not be responsible for any loss of Rewards (as hereinafter defined) earned, Membership privileges and / or services due to duplicate account(s) of a Member, regardless of whether such Member has knowledge of the duplicate account(s).
- The Membership is non-transferable, non-assignable and is for the exclusive use of Members.
- Membership shall be valid and used in any Walker Mart outlet within Malaysia only.
- Walker Mart reserves the right to verify the eligibility of any individual who signed-up and may refuse the Membership Application of any individual that provides inaccurate, incomplete details or it determines to be tampering with the Membership sign-up process including but not limited to providing inaccurate, incomplete or false details.
- By utilising the Membership, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions and that you are at least eighteen (18) years old. By utilising the Membership, you further represent and warrant that you have the right, authority and capacity to utilise the Membership and to abide by the Terms and Conditions. Your use of the Membership is for your own sole, personal use. You further confirm that all the information provided by you shall be true and accurate. You undertake not to authorise others to use your identity or user status, and you may not assign or otherwise transfer your Membership account to any other person or entity. When using the Membership, you agree to comply with all applicable laws.
- At any time where there is reasonable suspicion of any abuse and / or misuse of the Membership or any unethical behaviour in relation to Walker Mart, including but not limited to stealing, abusive or offensive behaviour, using the Application for the purpose for which it is not intended to be used, acting in breach or potential breach of these Terms and Conditions and / or prolonged period of inactivity as deemed unsuitable by Walker Mart, Walker Mart reserves the right to suspend and / or terminate the Membership immediately and forfeit all Membership rewards, including but not limited to points accumulated, discounts, rebates, gifts, products, vouchers, coupons and / or any other benefits or privileges (“Rewards”) earned without prior notification. For the avoidance of doubt, the termination of the Membership shall not require Walker Mart to compensate, reimburse or cover any cost or losses incurred by you in the course of you being a Member. No correspondence will be entertained.
- It is your responsibility to check and ensure that you have downloaded the latest version of the Application for your device. Walker Mart is not liable if you do not have a compatible mobile or electronic device or you have downloaded an outdated or defunct version of the Application to your mobile or electronic device. Walker Mart does not guarantee that the Application will function and remain compatible at all times on any particular mobile or electronic device.
- Members shall have a right to terminate the Membership at any time either by sending an email to Walker Mart at support@walkermart.com,my or in the event of a prolonged period of inactivity as deemed unsuitable by Walker Mart, Walker Mart shall deem the Membership as being terminated, and any unutilised Rewards earned as at the date and time of the termination of the Membership shall not be refunded, is non-transferable, shall not exchangeable for cash and shall not be restored should the same individual re-sign-up as a Member after termination of the Membership.
- Appeal of membership reactivation can only be done after 1 year of termination by sending an email request to Walker Mart at support@walkermart.com.my
- Walker Mart reserves the right to accept or reject such Application for membership reactivation at its sole and absolute discretion without assigning any reason.
- By being a Member and / or using the Application, you expressly agree that at all times:
- You will only use the Application for lawful purposes;
- You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
- You will not try to harm the Loyalty Programme and / or the software of the Application in any way whatsoever;
- You will not copy or distribute the software of the Application or any other content without written permission from Walker Mart;
- You will keep secure and confidential your account password (if any) or any identification we provide you which allows access to the Loyalty Programme;
- You will provide Walker Mart with proof of identity as it may reasonably request or require;
- You acknowledge and agree that only one (1) account can be registered on one (1) mobile or electronic device;
- You shall not employ any means to defraud Walker Mart or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by Walker Mart to encourage new subscription or usage of the Loyalty Programme by new or existing customers;
- You shall not impair or circumvent the proper operation of the network which the Loyalty Programme operates on;
- You agree that the Loyalty Programme and Application are provided on a reasonable effort’s basis; and
- You agree that your use of the Loyalty Programme will be subject to Walker Mart’s Privacy Policy (as hereinafter defined) as may be amended from time to time.
Payments
- If you are interested purchase any of the Walker Mart products appearing on the Walker Mart outlets, you can make a purchase by using payment process on the Application.
- You may review and amend the pricing amount of your purchase or cancel your purchase at any time, prior to confirming your purchase at counter.
- Once you have proceeded through the purchase process to checkout you will need to:
- confirm your pricing at checkout; and
- provide your Payment Option details which we may pre-authorise as security for payment of your purchasing.
- Walker Mart outlets shall not be liable to you for any losses, liabilities, costs, damages, charges.
- Walker Mart accepts all payment options listed on the Application and your purchasing will be processed in accordance with the Payment Option selected by you.
- Walker Mart uses third party merchant facilities to process payments. Accordingly, Walker Mart is not responsible or has any control over any third party merchant facilities. Customers acknowledge and agree that Walker Mart will not be liable for any loss or damage arising out of their use of a third party payment gateway.
Points Collection
- Points will be awarded to any Transaction made by a Member at any Walker Mart outlet in Malaysia except the following:
- tobacco;
- reloads of mobile phone prepaid, game point, bill payments and other services;
- free gifts and any items redeemed via points / vouchers / coupons;
- any complimentary items obtained during promotional events; and
- take-away plastic bags at the counter.
- Every Ringgit Malaysia One (RM 1.00) spent by a Member in a Transaction is equivalent to ONE-HUNDRED (100) point (being RM 1.00 = 100 point), exclusive of any tax charged.
- Each Transaction receipt shall entitle only one (1) Member to accumulate points.
- The Application (with active internet connection / electronic communication) must be presented to the cashier at the point of purchase by a Member for the Transaction at any Walker Mart outlet to ensure that the spending amount is recorded and accumulated. Any failure to do so shall result in the amount spent not being taken into account for points accumulation and Walker Mart shall not be held liable for such failure including where the mobile or electronic device on which the Application is installed on does not have active internet connection or electronic communication for any reason whatsoever.
- Points earned from a Transaction may take up to twenty-four (24) hours to be reflected in the Application and redemption of points by a Member shall only be allowed after twenty-four (24) hours has lapsed from the time of the Transaction from which the points were earned.
- In the event points earned from a Transaction are not reflected in the Application after twenty-four (24) hours, the affected Member shall kindly inform Application via the in-app feedback page within fourteen (14) days from the date of the relevant Transaction by providing all the relevant information and any failure to do so shall result in the Member accepting the points balance as reflected in the Application as correct and final without any further right to claim for unrecorded points and no further correspondence will be entertained.
- Walker Mart reserves the right to correct the points balance provided in your Application if we believe that a billing or accounting error has occurred regardless of whether notice is provided.
- Points collected shall be on a cumulative basis subject always to any points collected from a Transaction must be redeemed within two (2) years from the end of the month in which the points were earned (“Expiration Date“).
- For example, points collected on 10th November 2020 if not redeemed before 10th November 2022 will expire on 10th November 2022.
- Points not redeemed before Expiration Date shall be forfeited without prior notification, not reinstated and / or refundable.
- Walker Mart reserves the right to refuse awarding any points or to remove any points awarded if Walker Mart identifies that the points collected were in error or suspects that the points were fraudulently accumulated or in breach of these Terms & Conditions regardless of whether notice is provided.
Points Redemption
- Points can be used to redeem Rewards via the Application. A Member may redeem some or all his points for Rewards subject to the Member complying with the procedures for redemption
- Rewards redeemed with points may take up to twenty-four (24) hours to be reflected in the Application.
- In the event that Rewards redeemed with points are not reflected in the Application after twenty-four (24) hours, the affected Member shall kindly inform Walker Mart via the in-app contact us page within fourteen (14) days from the date of the relevant Redemption by providing all relevant information. No further correspondence will be entertained for any feedback received after the fourteen (14) days from the time of the Redemption.
- All completed redemption shall not be revoked, cancelled, returned or refunded.
- Walker Mart, reserves the right to, at its sole and absolute discretion from time to time without prior notification, amend, modify, update, change and / or terminate the Rewards and/or items available for redemption.
- Walker Mart reserves the right to refuse any Points Redemption or to remove any Rewards redeemed with points if Walker Mart identifies that the points collected were in error or suspects that the points were fraudulently accumulated or in breach of these Terms & Conditions regardless of whether notice is provided.
Rewards
- Unless expressly provided under these Terms and Conditions, each of the Rewards, in particular Rewards other than points, may respectively be subjected to other terms and conditions as stipulated by Walker Mart.
- All Rewards are subject to in-store availability, on a “while stocks last” basis and may be applicable to limited (and not all) Walker Mart outlets or particular products only.
- Walker Mart may, at its discretion, replace or substitute any Rewards with any other rewards of similar or equivalent value without prior notice.
- Any Rewards earned are non-transferable, non-assignable, not for sale to any third parties and not exchangeable for cash.
- Any Rewards earned shall only be redeemed once and at any Walker Mart outlet in Malaysia only. Any unutilised Rewards after the applicable expiration date shall be forfeited, not reinstated and not refundable.
- Members shall pay the price difference if the Transaction value is higher than the amount of Rewards used for redemption. However, in the event where the Transaction value is lower than that of the Rewards, the price difference will not be refunded.
Privacy Policy
- We at Walker Mart value and understand the importance of your privacy. By signing up for the Membership, you hereby giving your consent to the collection, usage and processing of your personal information as described in our privacy policy at www.walkermart.com.my (“Privacy Policy“).
- For more details on our personal data handling practices, kindly refer to our Privacy Policy.
System Halt Or Failure
- Walker Mart shall not be liable for any loss or damage in the event of system halt, unavailability or non-performance of the Application as a result of the following:
- Application system is down for maintenance;
- Application fails due to circumstances beyond its reasonable control, including typhoon, earthquake, tsunami, flooding, electrical power failure, war, acts of terrorism and any other force majeure events; and
- Application is interrupted or delayed for reasons such as hacker attacks, technical adjustment or system breakdown on the part of upgrade, technical difficulties, etc to the Application.
- Walker Mart reserves the right to terminate the Application at any time due to unforeseen circumstances, applicable laws and regulations and shall not be liable for any loss or damage.
Disputes
- The parties must first attempt to resolve any claim or dispute arising out of or relating to these Terms or the Services in an amicable manner by mutual agreement in the first instance, prior to commencing any legal action.
- These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and or your use of the Websites resides in the courts of Malaysia, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be deemed a further or continuing waiver of such provision or any other provision
- Walker Mart will use reasonable endeavours to assist with any disputes concerning the Services.
Internet Delays
- The Loyalty Programme and / or the Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the mobile or electronic device used by the Member being faulty, not connected, out of range, switched off or not functioning. Walker Mart shall not be held responsible for any failure of recording any points accumulation, redemption of points or other privileges, and other Application usage related failures, damages or losses resulting from such problems.
Limitation Of Liabilities
- Walker Mart is responsible only for obligations expressly stated in these Terms and Conditions.
- No advice or information, whether oral or written, obtained by you from Walker Mart or its staff, or through the Application shall create any warranty on the Loyalty Programme not expressly stated by Walker Mart in these Terms and Conditions.
- To the fullest extent permitted by law, Walker Mart shall in no event be liable for any losses, damages, rights, claims or cause of action of any kind incurred, suffered, sustained by you arising from or in connection with your participation or Membership in the Loyalty Programme and use of the Application, including but not limited to:
- any acts, omissions, negligence or wilful default on the part of Walker Mart, its franchisor, and each such entities’ parent companies, subsidiaries, affiliates, related companies and their respective directors, employees, agents and representatives or any third party;
- any loss of data and records relating to the Loyalty Programme or Membership; and
- any loss of value or benefit that may arise as a result of any changes made to the Loyalty Programme.
- any losses or damages (whether direct, consequential, indirect or incidental) to your mobile or electronic device or any Applications stored therein as a result of installation or use of the Application.
- Walker Mart shall not be liable for any losses, damages, rights, claims or cause of action, including but not limited to any damage or loss to property owned by or in your possession, injury which you may suffer, or any indirect, punitive, special or incidental damages associated or arising from these Terms and Conditions, arising from you participation or Membership in the Loyalty Programme and use of the Application, whether in breach of these Terms and Conditions (including breach of warranty), tort or of whatever causes, even if Walker Mart has been advised of the possibility of such damages. Walker Mart disclaims any responsibility for the aforementioned damages notwithstanding any claim that a sole or exclusive remedy provided in these Terms and Conditions may or does fail of its essential purpose.
Intellectual Property Rights
- Walker Mart, its franchisor and licensor(s) and related parties, where relevant and applicable shall at all times own all rights, title and interest (whether legal or beneficial), including all related intellectual property rights (including without limitation to trademark, patent, copyright, trade secret) in and to the Loyalty Programme, Website and Application (including in particular the software and its respective components, processes and design in its entirety) and any changes, modifications, improvements and enhancements to any aspect of the Loyalty Programme, Application & Website, whether or not pursuant to any suggestions, ideas, requests, feedback, recommendations or any other information provided by you or any other party relating to the Loyalty Programme, Application & Website. These Terms and Conditions do not and does not purport to convey, transfer, assign, novate to you any rights of ownership in or related to the Loyalty Programme, Application & Website or any intellectual property rights owned by Application & Website.
- Walker Mart’s name, logo, the Loyalty Programme, Application & Website (including but not limited to any published content, documents, information, images, graphics, logos, texts and other materials) and any product names associated with the Application are trademarks and the property of Walker Mart, its franchisor and licensor(s), related parties or third parties, and no right or license is granted to you to use the same.
- You are allowed to browse through the contents in the Application & Website; however, reproduction is prohibited under the following circumstances (but not limited to):
- All copyrights and other proprietary notices are removed and not visible.
- Information are modified without prior written consent of Walker Mart.
- Information are included in any publications, work, and / or any form of commercial use.
- Any such unauthorised reproduction, dissemination, distribution, publication, copying or modification of any of the contents in the Application & Website will lead to a breach of these Terms and Conditions in which legal action may be taken.
- The Application & Website may contain content from third parties and Walker Mart does not endorse any Applications or sites on the internet that are linked through the Application & Website, and in no event, shall be held responsible and liable for the legitimacy, accuracy, reliability and quality of these content and it is your obligation to take all precautions in all actions and interactions with such third party, conduct independent verification and comply with the third party’s terms of use.
Refund Policy
- Walker Mart shall refund the Credit Wallet amount (less any applicable fees) within thirty (30) days of written notification to Walker Mart via the following email support@walkermart.com.my. You shall provide to Walker Mart all necessary information and documents for the purpose of refund upon request.
- Walker Mart reserves its right not to refund any disputed amount to you if Walker Mart believe you acted in contrary to these T&C.
- You are fully responsible for all products and services purchased when you make any payment through your account or anytime when you authorize and authenticate amounts to be deducted from your account. You shall be fully responsible for ensuring that the transaction amount is correct.
- In the event that you discover any error or discrepancy in your account, you must contact us via the following email support@walkermart.com.my within fourteen (14) days from the date of the disputed transaction, failing which you shall be deemed to have accepted the accuracy of your transaction. In the event that it is revealed in the course of our investigation that the disputed transaction was indeed made in error by us, we will refund the disputed sum in the manner as stated at above.
Deletion Of An Account
- You may request to delete your Account at anytime, however, there are no refunds for cancellation.
- Customer are not allowed to delete their account during the refund request and investigation.
- In case Walker Mart app shall suspend or terminate your Account because of breach of any of our policies, you understand and agree that you shall receive no refund or or any portion of the Service, any content or data associated with your account, or for anything else.
Entire Agreement
- The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Contact Details
If you have further inquiries or concerns regarding the Terms & Conditions, please contact us via the following email support@walkermart.com.my.
