Terms of Use

Welcome to this website and/or mobile application software (as applicable) ("Platform"), owned by Genting Simon Sdn. Bhd. and/or its affiliates (may be individually or collectively referred to as, "We", "our" or "us"). We provide the content and services available in this Platform to you, subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout the Platform in connection with certain functionalities, features or promotions as well as customer service, all of which shall be deemed a part of and included within these terms and conditions (collectively, "T&Cs"). For the avoidance of doubt, the policies include but shall not be limited to our prevailing cancellation policy set out below.

By accessing or using the Platform, you are acknowledging that you have read, understand and agree, without any limitation or qualification, to be bound by these T&Cs.

You represent that you are legally able to accept these T&Cs, and affirm that you are of legal age to form a binding contract. Please do not use this Platform, if you do not agree to these T&Cs.

We do not provide our Platform to individuals below the age of 18. If you are below 18, please do not use this Platform. The Services (defined below) provided on our Platform are available only for residents within Malaysia only. 

1. Licence in relation to the Platform 

   1. Subject to these T&Cs, we grant you a non-exclusive, non-transferable, limited right to:

   1. access, view and download promotion-related information ("Materials") in the Platform;

   2. access the directory of the Johor Premium Outlets^®, Genting Highland Premium Outlets^® or such other outlets as may be operated by us from time to time (collectively, "Outlets"); 

   3. receive services via the Platform, including but not limited to those in connection with redemption vouchers or other promotional programmes, subject to such terms and conditions as may be applicable to the relevant programmes, and those in connection with the booking and payment for products via the Platform which will be collected from the Outlets; and

   4. receive notifications or pop-ups of store-specific Materials while you are at the Outlets.

   2. You agree not to interrupt or attempt to interrupt the operation of the Platform in any way. This licence is not a transfer of title in the Materials and is subject to the following restrictions: 

   1. You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 

   2. You may not modify the Platform or its Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use or communicate them for any public or commercial purpose;

   3. You must not transfer the Platform or its Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these T&Cs; 

   4. You must not directly or indirectly reproduce, reverse engineer, disassemble, decompile, alter or otherwise modify or hack the Platform;

   5. You agree to abide by all additional restrictions displayed on the Platform as it may be updated from time to time; 

   6. This Platform, including but not limited to all Materials it contains, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Platform and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, designs, trademarks, copyrights or trade secret legislation; and

   7. You agree to defend, indemnify and hold us, our parent, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the "Indemnified Parties") harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from your use of the Platform, the Material(s), or any services provided by the Platform in violation of any law, rule, regulation or these T&Cs. 

2. Technical limitations

   1. Different models of routers and devices may have firmware or settings that are not compatible with the Platform. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets where the Platform is distributed, we do not warrant compatibility of the Platform with specific devices or other hardware.

3. User accounts

   1. In order to use Services provided on the Platform or to participate in any other promotional programs, you would be required to register with us as a VIP member and sign-up for an account ("Account"). In such event, you must complete the registration process by providing us with complete and accurate information as stated in the applicable registration form, including but not limited to your name and where applicable, your membership details in relation to the redemption programmes described under Clause 11. By provide us with any details of a third party (e.g. spouse, children and emergency contact person or any other third parties who are authorised to collect the goods as indicated when placing order on the Platform), where applicable, you represent and warrant that you have obtained the consent of the third parties, including but not limited to where you use another person's card details to pay for our services on the Platform. You will also be required to choose a password. 

   2. You are entirely responsible for maintaining the confidentiality of your password and account. Any de-registration of the Account shall be made in the manner set out in our Privacy Policy. 

   3. You are entirely responsible for any and all activities which have been undertaken under your Account, including but not limited to, any order or purchase, whether or not you are the person who actually uses the Account to conduct the same. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any losses that you may incur as a result of someone else using your password or Account.

   4. If you have previously registered to be a VIP member on the Outlets' website, your information previously stored on the website server, which may include your personal data as described in the Privacy Policy, may be transferred to the server of this Platform located outside Malaysia, which may be hosted by third party service providers. You hereby give your consent to such transfer and storage of information.

   5. By registering for or logging into an Account using the Platform, you agree to become a VIP member. 

   6. We have the right to disable any Account, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these T&Cs.

   7. Notwithstanding your registration under Clause 2.1, we reserve the absolute right and discretion to limit, modify or discontinue any of our services or the Platform as and when we deem fit, including but not limited to: 

   1. limiting sales of the products made available for sale through the Platform ("Products") to any person, geographic region or jurisdiction;

   2. limiting the quantities of any Products that we offer or make available for sale on the Platform on behalf of the sellers at the Outlets; or 

   3. discontinuing any Product at any time.

4. Services available on the Platform 

   1. The Platform is an online multi-merchant/seller e-commerce platform that facilitates the sale of Products between yourself and the seller offering the Product at the Outlets ("Seller").

   2. Subject to your registration under Clause 2.1 above, the following services may be available to you on our Platform:

   1. e-Shop services, whereby you may browse, select, order, purchase and have the purchased Product(s) delivered to you by completing the order form and making the required payment on the Platform;

   2. Live Stream services, whereby you may participate in the Seller's live streaming session, select, order, purchase and have the purchased Product(s) delivered to you by completing the order form and making the required payment on the Platform;

   3. Personal Shopper services, whereby you may submit a form for an appointment with the Seller, who will contact and advise you on the Product(s) available for sale via text messaging on WhatsApp or any other telecommunication means as prescribed by us upon submission of your request for appointment ("Communication Platform"). Where you have indicated your unequivocal intention to purchase the Product(s), the Seller will upload the selected Product(s) into your shopping cart within one (1) hour from your confirmation for you to complete the order and make the required payment on the Platform;

   4. Shop & Pick-Up services, whereby you may browse, select, order, purchase and collect the purchased Product(s) from the Outlet at your preferred date by completing the order form and making the required payment on the Platform, (each, a "Service" and collectively, "Services").

5. Order & Cancellation Policy

   1. Notwithstanding anything to the contrary:

      1. any information made available in respect of the e-Shop, Live Stream and/or Shop & Pick-Up services on the Platform; or 

      2. any information made available by the Seller in respect of the Personal Shopper services on the Communication Platform, 
         
         shall not constitute an offer for sale, but rather, merely an invitation to treat. 

   2. Any and all orders you placed through the Platform shall be deemed as an offer made by you to the Seller to purchase the selected Product(s) of the quantity set out in your order upon these T&Cs, and such orders shall be subject to acceptance by us on behalf of the Seller.

   3. Without prejudice to any other provisions, in any event, acceptance of the order placed is subject to stock availability. 

   4. An order shall only be considered accepted by us on behalf of the Seller when the Seller sends you a notification informing that the Product(s) ordered is ready:

   1. for delivery by the Seller; or 

   2. for collection at the Outlets. 

   5. For the avoidance of doubt, the following event shall NOT constitute our acceptance of your order(s):

   1. the issuance of a transaction receipt by us to you, acknowledging our receipt of your payment pursuant to your order(s) ("Receipt"); or

   2. the processing of your payment by us or any third party payment processor appointed by us.

   6. Cancellation Policy. We reserve the right to cancel any order on the Platform without any liability to any party involved, provided always that where we cancel or reject any of your order(s), whether in whole or in part, the payment made pursuant to such order will be refunded to you in accordance with our prevailing cancellation policy ("Cancellation Policy").

   7. In respect of:

   1. the Shop & Pick-Up service, all invoices related to your purchases shall be issued by the respective Seller and is to be collected when you collect your orders at the store indicated by you; 

   2. the e-Shop, Live Stream and/or Personal Shopper services, all invoices related to your purchases shall be issued by the respective Seller and will be delivered to you together with the Product(s) purchased.

   8. For the avoidance of doubt, we may issue you with a Receipt for the sole purpose to acknowledge receipt of your payment as described in Clause 4.5(a) above, upon receiving your payment for the order made, but in no event shall the Receipt be deemed as the final invoice for the transaction or acceptance of the order made.

6. Product Information and Payment

   1. Notwithstanding that we will endeavour to ensure that all information of the Products available for sale on the Platform, including but not limited to the Products' picture, pricing, discounts provided, description and availability, etc., are accurate and up-to-date, you understand and agree that we are not responsible for any inaccuracy of the information provided. For the avoidance of doubt: 

   1. the price of Products as shown on the Platform may vary from time to time and/or may be different from the prices at the store at the point of collection. The price payable by you for the Products shall be based on our prevailing selling price at the time we receive or accept your order, which may or may not be correctly reflected on the Platform or through our services;

   2. while we have tried to accurately display the colours of Products, the actual colours you see will depend on your monitor and may not be accurate; and

   3. the Products displayed on the Platform can be ordered via the Platform and only be available for collection from places as available in the drop down menu as provided when you are placing your order through the Platform. 

   2. You shall make payment for the Products using the various payment methods made available by us on the Platform. Where applicable, payment may also be made in the form of redemption points in accordance with Clause 11.1 below. All payments shall be made to us in Ringgit Malaysia. 

   3. You shall be liable to pay any and all taxes as may be applicable at the relevant point in time. For the avoidance of doubt, prices of the Products made available on the Platform are inclusive of the applicable taxes.

   4. Without prejudice to any provisions contained herein, we reserve the right to modify any information of the Products including their picture, pricing, description and availability, etc., at our sole and absolute discretion and at any time. Notwithstanding that we reserve the right to modify such information, you understand and agree that we have no obligation to update the information on the Platform or the T&Cs. You are recommended to check this page from time to time for the latest version of the T&Cs which shall be applicable to your order via the Platform. 

   5. Prices on the Platform may vary from time to time and may be different from the prices at the store.

7. Collection or Delivery

   1. Where the collection option is available, at the time when you are placing an order through the Platform, you shall indicate date and store for collection of the Products ordered in the relevant space provided. 

   2. In the event the Products are not collected on the date indicated, the Seller shall have the right to deal with the Products in any manner it deems fit (including to dispose/resell the Products), and you shall not have any recourse against us or the Seller. Without prejudice to the foregoing, the Seller may retain the Products in its store for an additional period of 30 days or longer (if so provided by the Seller's policies) on a goodwill basis.

   3. Subject to our acceptance of your order in accordance with Clause 4.4 above, you shall collect your order in accordance with the details indicated by you under Clause 6.1 above. In the event where you wish to vary the details provided pursuant to Clause 6.1, you shall immediately inform the Seller whom has provided you with the notification of the acceptance under Clause 4.4 and any such variation shall be subject to the said Seller's written approval. 

   4. In the event where you fail to collect the Product(s) ordered, you shall directly communicate with the Seller as to the recourse available to you. Notwithstanding any provisions to the contrary, we shall not be responsible for any matters in connection with the collection of the Product(s) ordered from the Seller at the Outlets.

   5. In the event where a third party is appointed by you to collect the Product(s) ordered from the Outlets, you shall provide us with the detail of such third party in advance at the time of placing the orders. 

   6. The Sellers may require you or any third party appointed by you in accordance with Clause 6.4 above to provide certain personal data when collecting the Products ordered at the Outlets.

   7. Where the delivery option is available:

   1. at the time when you are placing an order through the Platform, you shall indicate address for the delivery of the Products ordered in the relevant space provided. In the event where you wish to vary the details provided pursuant to Clause 6.7, you shall immediately inform the Seller whom has provided you with the notification of the acceptance under Clause 4.4 and any such variation shall be subject to the said Seller's written approval;

   2. subject to our acceptance of your order in accordance with Clause 4.4 above, Seller shall place your orders of the Product(s) through the Platform for delivery within twenty-four (24) hours from time you are provided with the notification of the acceptance under Clause 4.4. Notwithstanding the foregoing, where the delivery date falls on a gazetted public holiday in Malaysia, the Seller will place the accepted orders for delivery within the next twenty-four (24) hours after the gazetted public holiday; and 

   3. in the event where you fail to receive the Product(s) ordered, you shall directly communicate with the Seller as to the recourse available to you. 

   8. Notwithstanding any provisions to the contrary, we shall not be responsible for any matters in connection with the delivery of the Product(s) ordered from the Seller at the Outlets.

8. Return and Refund

   1. Save where we cancel your order pursuant to the Cancellation Policy, it is not our responsibility to handle or process your return or refund request. 

   2. In the event where you would like to request for a return or refund of the Products, you shall directly contact the Seller. 

   3. The refund or return shall be subject to the Seller's policy and in any event, shall not be our responsibility. 

9. User Warranties 

   1. By accessing or using the Platform and/or the Services, you agree that you shall:

   1. comply with this T&Cs and the special warnings or instructions for access or use posted on the Platform; 

   2. always act in accordance with the law, custom and in good faith, including but not limited to ensuring compliance with these T&Cs and all applicable codes, guidelines, notices, operating rules, and policies, law and regulations, whether required by us or otherwise required by law;

   3. ensure that the integrity or operation of the Platform is preserved by among others, not making any change or otherwise causing any alteration to the Platform or any Materials or services that may appear on the Platform; 

   4. only create an Account on the Platform for use by yourself or anyone who authorised you to do so on their behalf;

   5. assist to prevent security breach or other IT-related issues on the Platform by, among others, not transmitting any virus or code of a destructive nature to the system; or only use devices which are at least password protected to access our Platform; and

   6. ensure that any details which you have provided us with in creating the Account remain accurate, complete and up-to-date. You may at any time change or update your Account information by updating your information through the online Account. 

   2. Without limiting the generality of any other provision of these T&Cs, if you default negligently or wilfully on any of the obligations set forth in these T&Cs, you shall be liable for all the losses and damages that this may cause to us, our affiliates, partners or licensors.

10. Modification and Amendments

    1. We reserve the right, in our sole and absolute discretion, to change the Services and/or T&Cs. Any changes are effective upon posting on the Platform and/or upon our release of notice of such change. Your continued use of the Platform thereafter constitutes your acceptance of all such amended terms. 

    2. We also reserve the right, in our sole and absolute discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform's service(s) ( or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform's services (or any part thereof). 

    3. Nothing contained in these T&Cs shall be construed as creating any agency, partnership, or other form of joint enterprise with us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these T&Cs shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these T&Cs unenforceable or invalid as a whole but these T&Cs shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

    4. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the T&Cs. 

11. Intellectual Property Rights 

    1. "Intellectual Property Rights" means patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.

    2. You acknowledge that all Intellectual Property Rights in the Services, Platform and the Materials are vested in us. All goodwill and intellectual property rights arising through the use of such intellectual property rights vested in us shall inure to us. 

12. Redemption Programmes

    1. This Platform may provide services in connection with promotional vouchers or other redemption programmes. Unless specifically stated otherwise, your use of any promotional voucher, redemption points or redemption programme shall also be subject to the General Terms and Conditions for applicable Promotional Vouchers/Redemption Programmes (where applicable). For the avoidance of doubt, any specific terms and conditions stipulated for the redemption programme shall prevail over these T&Cs, the General Terms and Conditions for Promotional Vouchers/Redemption Programmes.

13. Collection of Data

    1. We may make use of location data sent from your devices to send you store-specific materials. You can turn off this functionality at any time by turning off the location services settings for the Platform on the device. If you use or allow the use of such functionality, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us from collecting such data at any time by turning off the location services settings on your mobile device.

14. Security

    1. You may not: (a) use any device or software capable of interfering with the operation of the Platform; or (b) take any action, which imposes a disproportionately large or unreasonable load upon the infrastructure of the Platform (such as sending mass emails in the 'Contact Us' section - "spamming"), or (c) interfere or tamper with the software of the Platform or the functionality thereof. 

15. Hyperlinks, alerts and advertising

    1. Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties ("Third Party Links"). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

    2. Advertising: We may attach pop ups, banners, java applets and/or such other materials to the Platform for the purposes of advertising or promoting products and/or services available at the Outlet. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.

16. Exclusion of warranties

    1. Notwithstanding any provisions to the contrary, we provide the Services, the Platform, its Material and any related service(s) on an "as is" basis. We make no representations or warranties of any kind whatsoever, express or implied, in connection with the Platform, these T&Cs, the Services, the Material(s) and/or any related service(s). 

    2. The Platform and the Materials are provided for general information and entertainment purposes only. Although we make reasonable efforts to update the information provided by the Platform and the service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

    3. For the avoidance of doubt and without prejudice to any provisions, to the maximum extent permitted by law, we shall not be liable or responsible in respect of the Products. Notwithstanding any provisions to the contrary, we do not warrant any matters in connection with the Products, including but not limited to the quality of any Product, its related services, information, or other material obtained through the Platform will meet your expectations, or that any errors or defects in the services will be corrected. 

    4. In the event that you are not satisfied with the Products provided, you shall immediately contact the Seller which you have purchased to convey your dissatisfaction and endeavour to settle in good faith with the Seller.

17. Limitation of liability

    1. To the fullest extent permitted by the applicable law, you agree that we shall not be responsible or liable in contract, warranty or in tort, including negligence for any (a) interruption of business; (b) access delays or access interruptions to the Platform; (c) non-delivery, misdelivery, corruption, destruction or other modification of service(s); (d) losses or damages of any sort incurred as a result of dealings with the presence of Third Party Links on the Platform; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Application, including during use of any Third Party Links; (f) any inaccuracies or omissions in the Material(s); or (g) any event beyond our reasonable control.

    2. We shall not be liable for any indirect or consequent loss(es) under these T&Cs or the use of the Services and/or Platform.

    3. You agree that no claim or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the application or theses terms and conditions may be brought by you more than six (6) years after the end of the year in which the cause of action relating to such claim or action has arisen and you have acquired knowledge or grossly negligently failed to acquire knowledge of the underlying circumstances of such claim or action.

18. Termination

    1. Termination by us: We reserve the right to refuse service and/or terminate accounts without prior notice if these T&Cs are violated, if the Service(s) and/or the Platform is discontinued or for good cause.

    2. Termination by you: You may terminate these T&Cs by giving us notice via our "Contact Us" section. Upon receipt of your termination notice, we will close your Account within thirty (30) days or as soon as practicable from the date of receipt of the termination notice. 

19. Notices

    1. You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") from us electronically, including not limited to, by way of an e-mail or by posting notices on the Platform. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at our "Contact Us" section and discontinue your use of any Platform. In such event, all rights granted to you pursuant to these Terms and Conditions, shall automatically terminate. We will not provide the benefits of the Platform to any users who do not consent to receipt of Notices electronically. 

    2. For the avoidance of doubt, this consent to receive Notices is entirely separated from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

20. Entire agreement

    1. These T&Cs shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

21. No Waiver

    1. Our failure to enforce these T&Cs shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these T&Cs. We would still be entitled to use our rights and remedies in any other situation where you breach these T&Cs.

22. Severability

    1. If at any time any provision of these T&Cs shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these T&Cs.

23. Governing Law

    1. Your use of this Platform and these T&Cs shall be governed by and construed in accordance with the laws of Malaysia, and you hereby submit to the exclusive jurisdiction of the Malaysian courts.