TERMS AND CONDITIONS

 
1. Definition
1.1    In this Agreement:-
(a) S P Setia means S P Setia Bhd Group (19698-X), a company incorporated in Malaysia and having its office at Setia Corporate Tower, 4A, Jalan Setia Nusantara U13/17, Setia Eco Park, Seksyen U13 40170 Shah Alam, Selangor Darul Ehsan, Malaysia and shall include its subsidiaries.
(b) Setia Properties means a purchase of any number of unit(s) of property, within the property development undertaken by S P Setia within Malaysia, by the Member or Non-member buyer, directly from S P Setia and/or its participating subsidiaries and does not apply to such properties in a sub-sale or secondary transaction.
(c) SPP means Setia Privilege Program, the membership program operated by S P Setia Bhd Group.
(d) SPP Card means Setia Privilege Program Card, the membership card issued by S P Setia Bhd Group under the Setia Privilege Program.
(e) Member means any SPP Member holding a valid SPP Card who had purchased a property directly from participating S P Setia projects at one time.
(f) Non-member means anyone who does not hold a valid SPP Card and/or have not purchased a property directly from participating S P Setia projects for the first time.
(g) Loyal Customer Rebate (LCR) means the rebate given to Members on next purchase of participating Setia Properties directly from S P Setia.
(h) Introducer Reward Points (IRP) means the reward given to Members who had successfully introduced Non-member buyers to purchase participating Setia Properties directly from S P Setia by executing the SPA and paying at least 10% of the net purchase price.
(i) RP means Reward Points.
(j) SPA means the duly stamped Sale & Purchase Agreement executed between S P Setia and the Member and/or the Non-Member buyer, as the case may be, in respect of the Member’s and/or Non-Member’s purchase of Setia Properties.
(k) Net Purchase Price means the final price after any deductions have been made, for example, Bumiputra discount and/or any other valid promotional discounts.
(l) Personal Data shall have the same meaning as the defined by the Malaysian Data Protection Act 2010.
(m) Privilege Branches means the sales offices of all participating S P Setia projects.
(n) The Management means the Management of S P Setia Bhd Group.
   
2. SPP Membership
 
2.1    The SPP New Reward Scheme is valid from 1 April 2013 until such a time when the Management shall, in its absolute discretion, decide to terminate it.
2.2 The SPP membership is given free of charge to each person or company who has purchased participating Setia Properties directly from S P Setia. The Member will be issued an SPP Card for use in connection with the Loyal Customer Rebate (LCR) and/or Introducer Reward Points (IRP) under the SPP after the purchaser has executed the SPA and has paid at least 10% of the net purchase price.
2.3 For new SPP memberships, in the event a purchase is terminated for any reason whatsoever, the SPP membership shall be terminated immediately and the Member shall return the SPP Card to S P Setia for cancellation.
2.4 The SPP membership shall remain with the first owner of the Setia Property even after the said property has been sold, assigned, transferred or disposed. Sub-sale purchasers of the participating Setia Properties are also entitled to the SPP membership upon application at the Privilege Branches by submitting copy of the duly stamped SPA and their NRIC.
2.5 The SPP Card is a privilege card which entitles the Member to enjoy Loyal Customer Rebate (LCR) and Introducer Reward Points (IRP).
2.6 The SPP membership is non-transferable and non-assignable and is only for the exclusive use of the Member.
2.7 The SPP Card is NOT a credit card, debit card, charge card or other cards similar to these. It cannot be used to obtain cash, cash vouchers or to exchange for cash or other products or services other than the Loyal Customer Rebate (LCR) and Introducer Reward Points (IRP).
2.8 The SPP Card shall at all times remain the property of The Management and must be surrendered to The Management immediately upon request. The Management may, at its sole discretion, terminate the membership without giving notice or reason.
2.9 In the case of joint buyers, each of the joint buyers is entitled to the SPP membership and will be given individual accounts.
2.10 For corporate purchases, all Company Directors are entitled to the SPP membership. However, only one person can be nominated to enjoy the Loyal Customer Rebate (LCR). The nominee is limited only to Company Directors. The said company may request to change the nominee with valid reasons by providing the latest Form 24, Form 49 and any other supporting documents to S P Setia for verification.
   
3. Setia Privilege Program: Related Privileges
 
3.1    Members must present a valid SPP Card and quote their name and NRIC number at the point of purchase or introduction to qualify for the Loyal Customer Rebate (LCR) or Introducer Reward Points (IRP).
3.2 The entitlement for the Loyal Customer Rebate (LCR) shall be determined at the point of purchase by the respective participating S P Setia subsidiaries. Setia Properties below RM300,000 are not entitled for any Loyal Customer Rebate (LCR) and/or Introducer Reward Points (IRP).
3.3 The Loyal Customer Rebate (LCR) is a rebate given to Members via a credit note which can only be used to offset up to a maximum 10% of the net purchase price on any subsequent purchase of participating Setia Properties from S P Setia by the Member, provided the Member is always named as the purchaser in the SPA.
3.4 The value of the Loyal Customer Rebate (LCR) is a percentage, not exceeding 2.5%, of the net purchase price and based on the total accumulated value of Setia Properties purchased from participating S P Setia projects before and after the introduction of the new reward scheme. This only applies to participating Setia Properties costing RM300,000 and above.
3.5 Depending on the accumulated value of the participating Setia Properties purchased, S P Setia may from time to time review or vary the Loyal Customer Rebate (LCR) without prior notice. S P Setia may, at its absolute discretion, withdraw the Loyal Customer Rebate (LCR) from a Member if the Member elects to remove his/her name from the SPA or nominate a third party in his/her place prior to full settlement of the net purchase price.
3.6 The Introducer Reward Points (IRP) is given in the form of Reward Points and these points will be credited automatically into the Member’s account after the Non-member buyer, introduced by the Member, has both executed the SPA and has paid at least 10% of the net purchase price. This again only applies to participating Setia Properties costing RM300,000 and above.
3.7 The Introducer Reward Points (IRP) is worth 1% of the net purchase price and the amount equals to the same number of points. These points can be accumulated and subsequently can only be utilized as a rebate on the Member’s next purchase from participating S P Setia projects, through a conversion of 1 RP = RM1. The total rebate may not exceed 10% of the net purchase price.
3.8 All RP are valid for 3 years from the SPA date with at least, a completed 10% payment of the net purchase price and/or up to the termination of the SPP, whichever is earlier. Points gained via a transfer shall be subject to their original expiry date and must be used immediately as a rebate on the purchase of participating Setia Properties. Any unused and/or expired RP are strictly not allowed to be reinstated. Any requests for such reinstatement will not be entertained.
3.9 RP cannot be converted into cash nor combined with a different Member to redeem for a rebate. However, RP may be transferred to another Member by filling in and submitting the IRP Authorised Transfer Form (IRPATF) with a copy of NRIC. The transferred RP must be redeemed immediately and only in exchange for a rebate on the purchase of participating Setia Properties. 
3.10 Members who wish to redeem their points for a rebate, must fill in the Loyal Customer Rebate Form (LCRF) during their purchase at the respective Privilege Branches. Once accepted by The Management, the Loyal Customer Rebate Form (LCRF) cannot be revoked, cancelled, returned or transferred, and the redeemed RP will not be reinstated.
3.11 The Introducer Reward Points (IRP) is only applicable for the introduction of Non-members, that is, buyers who are not SPP members at the point of introduction. The Non-member is required to state the Member’s name and NRIC number when filling up the Purchaser Data Sheet upon purchase at the respective Privilege Branches. The Member is required to be present as well and must possess a valid SPP Card. No change is allowed thereafter.
3.12 S P Setia shall not be liable to credit the Introducer Reward Points (IRP) to any Member who has not complied with these requirements and procedures.
3.13 In the case where an existing Member combines with a Non-member to jointly purchase a participating Setia Property directly from S P Setia, the Member is entitled to the Loyal Customer Rebate (LCR) on such said transaction.
3.14 S P Setia reserves the right to cancel, suspend, terminate or otherwise change the Loyal Customer Rebate (LCR) and/or the Introducer Reward Points (IRP) without any reason or prior notice. Upon such cancellation, suspension, termination or changes, S P Setia shall not be under any obligation to extend the same privileges to the Members.
3.15 The Management reserves the right to make changes even if it leads to reducing or terminating the number, value, or the expiry period of any existing RP, without further reference to the Member.
   
4. General
 
4.1 Unless specified otherwise, the Loyal Customer Rebate (LCR) and Introducer Reward Points (IRP) under the SPP are not valid for use with other ongoing S P Setia promotions and discounts.
4.2 S P Setia reserves the right to withdraw, suspend, terminate, substitute or vary any of the privileges under the SPP from time to time without prior notice. Any substitution or variation by S P Setia of any privileges contained herein shall not entitle the Member to any claims or compensation from S P Setia for any and all losses or damages suffered or incurred by the Member, whether directly or indirectly.
4.3 In case of any dispute over the related privileges under the SPP, the decision of S P Setia shall be final and conclusive.
4.4 S P Setia is not liable for any loss or damage suffered by Members due to any of the following reasons: -
(a) any unauthorised use of the SPP Card;
(b) any failure by a Member to notify participating S P Setia projects that a Loyal Customer Rebate (LCR) and Introducer Reward Points (IRP) are applicable for a transaction;
(c) any privileges not being available for any reason;
(d) any failure by S P Setia to notify members of any changes in these Setia Privilege Program (SPP) Terms and Conditions,
(e) the variation and/or suspension and/or termination of the Setia Privilege Program (SPP).
4.5 S P Setia reserves the right to withdraw, suspend or terminate the Setia Privilege Program (SPP) at any time it deems necessary without assigning any reasons. In such a case, S P Setia shall give advance notice to the Member in the manner which S P Setia deems appropriate. Upon notification of such suspension or termination, the SPP Card shall be nullified and invalidated and S P Setia shall have no obligation to extend any privileges to the Members.
4.6 S P Setia reserves the right to decline the issuance of or withdraw the SPP Card at any time or terminate membership as and when necessary without prior notice.
4.7 S P Setia may and reserves the right to use, collect, obtain, store and process all or any of the Member’s and/or Non-Member’s Personal Data provided by the Member and/or Non-Member to the subsidiaries of S P Setia pursuant to his and/or their purchase of Setia Properties or the application of membership of the Setia Privilege Program (SPP) or application of the Introducer Reward Points (IRP) (as the case may be) for the purposes of keeping the Member and/or Non-Member informed or sending to the Member and/or Non-Member updates, news, promotional and marketing mails or materials from S P Setia and also in relation to SPP.
4.8 In consideration of the Member’s and/or Non-Member’s provision of their Personal Data to S P Setia, Members and/or Non-Member shall be deemed to have consented to S P Setia storing and processing the Personal Data and disclosing the Personal Data to relevant governmental authorities or third parties where required by law or for legal purposes. In addition, for shared marketing purposes, Member’s and/or Non-Member’s Personal Data may be transferred to any company within S P Setia which may also involve sending the data to a location outside Malaysia. For purposes of updating or correcting such data, Member and/or Non-Member may at any time apply to S P Setia to have access to his Personal Data stored by S P Setia. Each Member shall be responsible for notifying S P Setia of any updates to his profile, change of address or any other contact information to enable S P Setia to send appropriate updates to the said Member. Such notification shall be made in writing to any Privilege Branches.
4.9 Any request for a replacement card for any reason must be made by submitting an application via the SPP website or by submitting a Card Replacement Form to the nearest or respective Privilege Branches.
4.10 Employees of S P Setia, its related companies, and immediate families are not eligible to participate in SPP. Immediate family denotes spouses and children.
4.11 The Setia Privilege Program (SPP) is not applicable to overseas projects and/or properties of S P Setia.
4.12 By participating in the Setia Privilege Program (SPP), the Member agrees to be bound by these terms and conditions.
4.13 S P Setia reserves the right to add, delete or amend these Terms and Conditions at any time without prior notice.
Possible Late Delivery of Gift Redemption

Dear Valued SPP Members,

Thank you for your loyal support.

As you are aware that SPP Gift Redemption has officially ended on 30/6/2013, we are pleased to informed that we have received overwhelming responses from all of you.

In view of that, there may be possibilities of gift delivery delay due to the swamps of gift redemption orders and/or low supply of goods from suppliers during this period of time. However, rest assured that this delay is only temporary and your gift(s) shall reach you separately no later by end of August 2013 (except custom made furniture that require additional production timeline and any other exceptional delay conveyed to you directly by our suppliers, which has mutually agreed by you).

We apologize for the inconvenience caused.

Thank you.

Regards
Setia Privilege Program
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