TERMS AND CONDITIONS

 
1. Definition
1.1    In these Terms and Conditions & Frequently Asked Questions:
(a) S P Setia means S P Setia Berhad (19698-X), a company incorporated in Malaysia and having its office at S P Setia Berhad Corporate HQ, No. 12, Persiaran Setia Dagang, Setia Alam, Seksyen U13, 40170 Shah Alam, Selangor Darul Ehsan, Malaysia and shall include its subsidiaries.
(b) Setia Property(ies) means such property or properties developed within development projects undertaken by S P Setia and purchased directly from S P Setia.
(c) Participating Setia Property(ies) means such property or properties that is/are developed or being developed within development projects in Malaysia undertaken by S P Setia and participating in SPP. Any property or properties within S P Setia development projects located overseas or which were Setia Property(ies) but sold in a sub-sale or secondary transaction shall not be classified or recognised as Participating Setia Property(ies).
(d) Subsequent Participating Setia Property(ies) (PSP) shall have the meaning ascribed in Section 3.2 hereto.
(e) SPP means Setia Privilege Program, a privilege and reward program for Members. It is managed and operated by the Management, where the Members get to enjoy the SPP Reward Scheme.
(f) SPP Reward Scheme means LCR and/or IRP for the time period determined in the Management’s absolute discretion or such other scheme replacing the LCR and/or IRP or introduced or put in place from time to time and for such time period determined at the absolute discretion of the Management.
(g) (This clause is no longer valid and has been removed from this updated Terms and Conditions.)
(h) Member means the person who is a confirmed member of SPP and with an SPP account.
(i) Non-member means anyone who is not a Member and does not have an SPP account.
(j) Loyal Customer Rebate (LCR) shall have the meaning ascribed in Section 3.1 hereto.
(k) LCR Entitlement means a percentage not exceeding 2.5% and which corresponds with the respective tier of the total accumulated Final Purchase Price as set out in the table in Section 3.1.
(l) Introducer Reward Points (IRP) shall have the meaning ascribed in Section 4.1 hereto and shall be subject to GST.
(m) IRP Entitlement means the reward of points equivalent to 1% of the Net Purchase Price of the Participating Setia Property(ies) purchased by the Non-member.
(n) SPA means the duly stamped Sale & Purchase Agreement executed with S P Setia for Setia Property(ies).
(o) Net Purchase Price means the net purchase price of the Setia Property(ies) or Participating Setia Property(ies), as the case may be, under the relevant SPA after deducting Bumiputra discounts, and/or any other valid promotional discounts, rebates or incentives that is applicable and as the case may be.
(p) Final Purchase Price means the final purchase price of the Setia Property(ies) or Participating Setia Property(ies) as the case may be, under the relevant SPA comprising the Net Purchase Price (less the LCR and/or IRP, if applicable) and which is credited into the Member’s SPP account.
(q) GST means the Goods and Services Tax imposed by the Government and/or charged by law.
(r) Personal Data shall have the same meaning as defined by the Personal Data Protection Act 2010 including any statutory amendment or re-enactment thereof and supplemented by any regulation, rule, official directive, code of practice or guideline (whether or not having the force of law) issued by the Personal Data Protection Commissioner.
(s) Privilege Branch(es) means the sales office(s) of Setia Property(ies).
(t) The Management means the management of S P Setia Eco-Projects Management Sdn Bhd (Company No: 289665-V), a subsidiary of S P Setia Berhad.
   
2. SPP Membership
 
2.1    Any individual or company who purchased Setia Property(ies) and executed the SPA willl be eligible to become a Member. The Management will issue a confirmation of membership after verification of purchase of the relevant Setia Property(ies), that is SPA has been executed and a sum equivalent to at least 10% of the Net Purchase Price is received by the relevant Privilege Branch.
2.2 In the case of a new Member, subject to on-going purchases of Setia Property(ies) by the Member, membership of SPP may be terminated when the purchase of the relevant Setia Property(ies) and/or SPA is terminated for any reason whatsoever. Hence, upon receiving such confirmation from the relevant Privilege Branch, the Management shall withdraw or cancel the new Member’s membership without any further notice to the new Member.
2.3 The membership of SPP is non-transferable and non-assignable and is only for the exclusive use of the Member.
2.4 (This clause is no longer valid and has been removed from this updated Terms and Conditions.)
2.5 The Management may, at its sole discretion, terminate the membership without giving notice or reason, in which event any privileges or rewards accumulated by the Member under the SPP Reward Scheme shall lapse.
2.6 Where a company purchases Setia Property(ies) (“Company”),
  1. one (1) director shall be nominated and authorised by the Company (“Authorised Director”) to solely operate and deal with the Company’s SPP account and utilise the Company’s LCR Entitlement and IRP Entitlement. To nominate the Authorised Director, the Company must submit the certified true copies of the latest Form 24, Form 49, directors and shareholders’ resolution approving the said nomination, and any other supporting documents to the respective Privilege Branch for verification and record; and
  2. all the directors of the Company, including the Authorised Director (“Directors”) are each eligible to be a Member with separate individual SPP account.
2.7 Any request for change in the Authorised Director shall be notified to the Management by the Company and supported with the requisite directors and shareholders resolutions, certified true copies of the latest Form 24, Form 49 together with any other supporting documents submitted to the respective Privilege Branches for verification and amendment.
2.8 In the case of a new Member whose SPP membership was confirmed and accepted via a request for change in the Authorised Director as set out in Section 2.7 above, the manner of termination of SPP membership provided under Section 2.2 shall similarly be applicable.
2.9 In the case of joint buyers, each of the joint buyers is entitled to the SPP membership and will be given an individual account.
   
3. Loyal Customer Rebate (LCR)
 
3.1    Loyal Customer Rebate (LCR) is a rebate equivalent to a percentage not exceeding 2.5% (“LCR Entitlement”) and the LCR Entitlement corresponds with the respective tier of the total accumulated Final Purchase Price of Setia Property(ies) previously purchased by the Member. The table below sets out the respective tiers of the total accumulated Final Purchase Price and the corresponding LCR Entitlement.

Loyal Customer Rebate (LCR)
Total Accumulated Final Purchase Price of Setia Property(ies) LCR Entitlement
< RM300,000 0%
RM300,000 – RM999,999 1%
RM1,000,000 – RM1,999,999 1.5%
RM2,000,000 – RM2,999,999 2%
RM3mil and above 2.5%

Accumulation of total Final Purchase Price of Setia Property(ies) shall be recorded in the Member’s SPP account.

In the case of joint purchase of Setia Property(ies), the Final Purchase Price will be divided equally among the names stipulated in the SPA, and the respective Member’s share will be added to his personal total accumulated Final Purchase Price to determine his LCR Entitlement.
3.2 No LCR is applicable to the purchase of the first (1st) Setia Property(ies) regardless of its purchase price and whether it is a Participating Setia Property(ies). The Member is only entitled to utilise the LCR when he/it purchases a subsequent Participating Setia Property(ies) with a purchase price of RM300,000 and above (“Subsequent PSP”) by presenting his MyKad and/or quoting his name and NRIC No./Passport No. (or in the case of a Company, its registered name and Company Registration No.).
3.3 The LCR Entitlement will be applied on the Net Purchase Price of the Subsequent PSP to derive a sum which shall offset the Net Purchase Price of the Subsequent PSP via a credit note. The Member must be a named purchaser in the SPA of that Subsequent PSP, otherwise the LCR shall not apply.
3.4 The Management may, at its absolute discretion, withdraw the LCR Entitlement from the purchase if the Member elects to remove his/her name from the SPA or nominate a third party in his/her place prior to execution of the SPA or full payment of Net Purchase Price of the Subsequent PSP.
3.5 The Management shall have the absolute discretion to vary the terms of the LCR, the tiers of the total accumulated Final Purchase Price and/or the LCR Entitlement as the Management deems fit without prior notice to the Member.
3.6(A) A Member who jointly purchases a Subsequent PSP with a Non-member may enjoy the LCR based on the Member’s LCR Entitlement recorded in the Member’s SPP account and Sections 3.1, 3.2 and 3.3 shall apply accordingly.
3.6(B) Where more than one (1) Member jointly purchase a Subsequent PSP with a Non-member, the LCR Entitlement to be utilised on that Subsequent PSP shall be based on that particular Member with the highest total accumulated Final Purchase Price recorded in his SPP account.
3.6(C) In the case of an Authorised Director who intends to purchase a Subsequent PSP, he shall be allowed to utilise the LCR Entitlement determined based on the Company’s total accumulated Final Purchase Price in the Company’s SPP account and the Member’s own total accumulated Final Purchase Price in his SPP account of which, the maximum LCR Entitlement still applies. Vice versa, a Company which intends to purchase a Subsequent PSP shall be allowed to utilise the LCR Entitlement determined based on the Authorised Director’s total accumulated Final Purchase Price in the Authorised Director’s SPP account and the Company’s total accumulated Final Purchase Price in the Company’s SPP account of which, the maximum LCR Entitlement still applies.
3.6(D) In the case of:
  1. Any other Directors; or
  2. An Authorised Director who chose not to elect to utilise the LCR Entitlement as set out in Section 3.6(C) above,
the LCR Entitlement shall be based on their own total accumulated Final Purchase Price in their respective SPP account for the purchase of Subsequent PSP.
3.7(A) Purchasers of overseas Setia Property(ies) are also eligible for SPP Membership. Therefore, the Net Purchase Price of the overseas Setia Property(ies) can be added into and form part of the total accumulated Final Purchase Price to determine the LCR Entitlement. However, the LCR Entitlement can only be utlised on the purchase of a Subsequent PSP developed within Malaysia.
3.7(B) The Net Purchase Price of overseas Setia Property(ies) will be converted into Ringgit Malaysia (RM) based on a fixed Foreign Exchange (FOREX) rate determined by the Management.
3.7(C) The Management reserves the right to make changes to the FOREX rate even if it leads to reducing or terminating the number, value, or the expiry period of any existing LCR, without further reference to the Members. The Management and/or S P Setia shall not be under any obligation to extend the same and/or current market rate to the Members.
3.8 The Management reserves the right to cancel, suspend, terminate or otherwise change the LCR without any reason or prior notice. Upon such cancellation, suspension, termination or changes, the Management or S P Setia shall not be under any obligation to extend the same privileges to the Members.
3.9 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 LCR, without further reference to the Member.
3.10 The LCR Entitlement cannot be converted into cash and is not transferable.
3.11 The LCR will remain valid unless otherwise notified by the Management or determined by any applicable law or regulation, including but not limited to the Personal Data Protection Act 2010.
   
4. Introducer Reward Points (IRP)
 
4.1 The Introducer Reward Points (IRP) is a reward of points equivalent to 1% of the Net Purchase Price of the Participating Setia Property(ies) (“IRP Entitlement”) given to a Member for a successful introduction of a Non-member who purchases the said Participating Setia Property(ies). The IRP Entitlement shall only be credited into the Member’s SPP account after a successful introduction.
4.2 “Successful introduction” means fulfillment of ALL of the following:
  1. Member introduced a Non-member to purchase Participating Setia Property(ies) with a purchase price of RM300,000 and above;
  2. Member shall be present at the respective Privilege Branch together with the Non-member during the purchase of Participating Setia Property(ies) by the Non-member for verification purposes;
  3. Member must produce his MyKad and/or quote his name and NRIC No./Passport No. to qualify for the IRP;
  4. Non-member has filled-in the Member’s name and NRIC No./Passport No. in Purchaser's Details Form during the purchase;
  5. Non-member has executed the SPA and a sum equivalent to at least 10% of the Net Purchase Price is received by the relevant Privilege Branch; and
  6. the relevant SPA must not consist of the Member’s name and/or any other existing Member(s).
4.3 The conversion rate of the IRP Entitlement is RM1 = 1 IRP.

Example: 1% of RM300,000 (Net Purchase Price) = RM3,000.
Therefore RM3,000 = 3,000 IRP.

These IRP Entitlement can be accumulated and utilised as a rebate on the Net Purchase Price plus any GST payable (if applicable) by the Member when he purchases a Subsequent PSP. The total rebate to be utilised by the Member for the purchase of a Subsequent PSP must not exceed 10% of the Net Purchase Price of the Subsequent PSP when combining both the LCR Entitlement and IRP Entitlement.
4.4 All IRP Entitlement are valid for three (3) years from the date of the relevant SPA for the Participating Setia Property(ies) purchased by the Non-member. IRP Entitlement gained via a transfer shall be subject to their original expiry date and must be utilised immediately as a rebate on the purchase of a Subsequent PSP. Any current available and/or expired IRP Entitlement shall automatically lapse after the said 3 years period and strictly shall not be allowed to be reinstated. Any request for such reinstatement will not be entertained.
4.5(A) IRP Entitlement cannot be converted into cash. However, any current available and unexpired IRP Entitlement may be transferred by a Member (“Transferor”) to another existing Member (“Transferee”) by filling in and submitting the IRP Authorised Transfer Form (IRPATF) with a copy of the Transferor’s NRIC/Passport which must be given to the relevant Privilege Branch during the purchase of the Participating Setia Property(ies) by the Transferee.
4.5(B) In the case of a Company, it may transfer its current available and unexpired IRP Entitlement to other existing Member(s). In such case, the Authorised Director has to fill in and submit the IRP Authorised Transfer Form (IRPATF) with a copy of the Authorised Director’s NRIC/Passport, certified true copy of the company resolution approving the said transfer, plus any other supporting documents for verification.
4.5(C) The transferred IRP Entitlement must be utilised immediately and only as a rebate on the purchase of a Subsequent PSP.
4.6 Members who wish to utilise their IRP Entitlement for a rebate must fill in the Loyal Customer Rebate Form (LCRF) during their purchase of a Subsequent PSP 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 utilised IRP Entitlement will not be reinstated.
4.7 The 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 No./Passport No. when filling up the Purchaser’s Details Form upon purchase of Participating Setia Property(ies) at the respective Privilege Branches. The Member is required to be present as well. No change is allowed thereafter.
4.8 The Management shall not be under any obligation to credit the IRP Entitlement to any Member who has not complied with the requirements and procedures set out under this Section 4.
4.9(A) In the case where a Member purchase individually or jointly purchase a Subsequent PSP with a Non-member, such transaction can utilise a combination of:
  1. the Member’s LCR Entitlement; and
  2. the Member’s current available and unexpired IRP Entitlement,
to offset up to 10% of the Net Purchase Price.
4.9(B) In the case where more than one (1) Member jointly purchase a Subsequent PSP, with/without Non-member(s), such transaction can utilise a combination of:
  1. the LCR Entitlement of the particular Member with the highest accumulated Final Purchase Price; and
  2. all the Members’ current available and unexpired IRP Entitlement,
to offset up to 10% of the Net Purchase Price.
4.9(C) In the case where a Company purchase a Subsequent PSP, such transaction can utilise a combination of:
  1. the LCR Entitlement determined based on the Authorised Director’s total accumulated Final Purchase Price and the Company’s total accumulated Final Purchase Price of which, the maximum LCR Entitlement still applies; and
  2. the Authorised Director’s current available and unexpired IRP Entitlement,
to offset up to 10% of the Net Purchase Price.
4.10 Purchasers of overseas Setia Property(ies) can also enjoy the IRP. However, the IRP Entitlement are only given to Members who have successfully introduced Non-members to purchase Participating Setia Properties and not overseas Setia Properties. The IRP Entitlement can be accumulated and utilised as a rebate when the Members purchase Subsequent PSP developed within Malaysia.
4.11 The Management reserves the right to cancel, suspend, terminate or otherwise change the IRP without any reason or prior notice. Upon such cancellation, suspension, termination or changes, the Management or S P Setia shall not be under any obligation to extend the same privileges to the Members.
4.12 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 IRP, without further reference to the Member.
   
5. General
 
5.1 Unless specified otherwise, the LCR and IRP are not valid for use with other ongoing S P Setia promotions and discounts.
5.2 The Management reserves the right to withdraw, suspend, terminate, substitute or vary the SPP or any of the privileges under the SPP from time to time without prior notice. Any substitution or variation by the Management of SPP or any privileges contained therein shall not entitle the Member to any claims or compensation from the Management and/or S P Setia for any and all losses or damages suffered or incurred by the Member, whether directly or indirectly.
5.3 In case of any dispute over the related privileges under the SPP, the decision of the Management shall be final and conclusive.
5.4 In the event the SPP has been withdrawn, suspended or terminated pursuant to Section 5.2 above, the Management will notify the Member in a manner which the Management deems appropriate. Upon notification of such withdrawal, suspension or termination, the Management and/or S P Setia shall have no obligation to extend any privileges to the Member.
5.5 The Management and/or S P Setia are not liable for any loss or damage suffered by Members due to any of the following reasons: -
  1. (This clause is no longer valid and has been removed from this updated Terms and Conditions);
  2. any failure by Members to notify Privilege Branches that an LCR and/or IRP is/are applicable for a transaction;
  3. any privileges not being available for any reason;
  4. any failure by the Management to notify Members of any changes in these Terms and Conditions;
  5. the variation and/or suspension and/or termination of the SPP.
5.6 The Management reserves the right to terminate the SPP membership as and when necessary without prior notice.
5.7 The Management and/or 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 Management and/or S P Setia pursuant to his/their purchase of Setia Property(ies)/Participating Setia Property(ies), as the case may be, or the application of membership of the SPP or utilisation of the LCR and/or utilisation/transfer of the IRP (where applicable) 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 the Management or S P Setia and also in relation to SPP.
5.8 Unless the Member or Non-member informs the Management or S P Setia otherwise, the Member or Non-member shall be deemed to have consented to the Management and/or S P Setia storing and processing his Personal Data and disclosing his Personal Data to relevant governmental authorities or third parties where required by law or for legal purposes or necessary for the purposes as stated in Section 5.7 above. In addition, the Member’s or Non-member’s Personal Data may be shared or 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, the Member or Non-member may at any time apply to the Management or S P Setia to have access to his Personal Data stored by the Management or S P Setia. Each Member shall be responsible for notifying the Management or S P Setia of any updates to his profile, change of address or any other contact information. Such notification shall be made in writing to any of the Privilege Branches.
5.9 (This clause is no longer valid and has been removed from this updated Terms and Conditions.)
5.10 Employees of S P Setia or its related companies, and their immediate family members are not eligible to participate in SPP, unless determined otherwise by the Management. Immediate family members denote spouses and children.
5.11 The Management shall at its absolute discretion determine the offer period, type of rewards offered under the SPP Reward Scheme which may change, vary or alter from time to time and all decisions made by the Management in relation to SPP or SPP Reward Scheme shall be final and binding on all Members.
5.12 Members are advised to check and/or review their Statement of Account periodically via the SPP website @ www.spsetia.com.my/privilege to check their LCR Entitlement and keep track of the IRP Entitlement validity period as well as for the latest updates on SPP. It is also the Members’ responsibility to notify the Management should there be any inconsistency and/or discrepancy of information.
5.13 Members shall check and confirm with Privilege Branches for the rewards offered under and validity of the SPP Reward Scheme prior the utilisation of LCR and IRP.
5.14 By participating in the SPP, the Members agree to be bound by these Terms and Conditions.
5.15 The Management reserves the right to add, delete or amend these Terms and Conditions at any time without prior notice. Any alteration to these Terms and Condition will first be published in the SPP website.
5.16 In the event of discrepancy between these Terms and Conditions or the Frequently Asked Questions and the latest Terms and Conditions stipulated in the SPP website, the Terms and Condition stipulated in the SPP website will take precedence.
   
Last Updated: 9/4/2015 
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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