1. General
1.1 These terms and conditions apply to the Kongsi Point Redemption Cards which are purchased from Qu or our Authorised Promoters (as defined below) (“Kongsi Cards”). By purchasing, accepting or using the Kongsi Cards and in consideration of your right to use the Kongsi Cards, you agree to be bound by these terms and conditions (“Terms and Conditions“). These Terms and Conditions are to be interpreted and construed together with the Qu Exchange Terms of Use and the Qu Wallet Agreement. The Privacy Notice contained within the Qu Exchange Terms of Use also applies herein.
1.2 In these Terms and Conditions, references to “you” and “your” means the User (as defined in the Qu Exchange Terms of Use) who has purchased or received a Qu Scratch Card. “Qu” or “we” or “us” or “our” means MSME New Media Sdn Bhd.
2. Purchase
2.1 The purchase of the Kongsi Cards from promoters must be from promoters that have been authorised by Qu (“Authorised Promoters”).
2.2 The Kongsi Cards are redeemable for Qu Point only, which can be used only on the Qu Exchange platform. Qu Point may only be used or exchanged for items and services pledged by Business Users (as defined in the Qu Exchange Terms of Use) registered on the Qu Exchange website (“Site”).
2.3 There are no fees that apply in relation to maintaining a Kongsi Card.
3. Redemption
3.1 Only Users registered with an account in accordance with the instructions set out in the Site may use the Qu Wallet on the Site and redeem the Qu Point prescribed in the Kongsi Cards.
3.2 The Kongsi Cards include a section coated with an opaque waxy substance which may be scraped away to reveal a specific code (“Code”).
3.3 To redeem the Qu Point prescribed in the Kongsi Cards, you must key-in or scan the relevant Code where required in the Site. An invalid or unidentifiable Code will not be redeemable.
3.4 Once the Code is correctly keyed-in where required in the Site, the redeemed Qu Point will be reflected in your Qu Wallet on the Site.
4. Restrictions
4.1 Each Kongsi Card with its Code is not refundable or redeemable for cash or credit, unless required by law. It cannot be used more than once, nor can it be used to buy another Kongsi Card. Kongsi Cards are also non-exchangeable, particularly in case of loss or theft.
4.2 Every Code has an expiry date as prescribed in the Kongsi Card. Codes redeemed after its relevant expiry date will be invalid and no longer redeemable.
4.3 The Kongsi Card can only be used to redeem Qu Point which can only be used on the Qu Exchange platform.
5. Disclaimer of Warranties; Limitation of Liability
5.1 Without limiting the disclaimer of warranties contained in the Qu Exchange Terms of Use and to the extent permitted by applicable law, we make no representations, warranties or conditions of any kind, express or implied, with respect to the Kongsi Cards or any purchases made with the Qu Point redeemed using the Code, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing, or course of performance.
5.2 You acknowledge and agree that we shall have no liability for lost profits or any special, incidental or consequential damages arising out of or in connection with these Terms and Conditions (however arising, including negligence). In addition, to the extent permitted by applicable law, in no event shall we have any liability for any damages or losses (including, but not limited to lost profits or any special, incidental or consequential damages) resulting directly or indirectly from:
a. unauthorized access to, or alteration, theft or destruction of a Kongsi Card or Code through accident, misuse, or fraudulent means or devices by you or any third party;
b. any circumstances beyond our control;
c. through no fault of ours, you not having sufficient funds in your Qu Wallet to cover a transaction; or
d. any inability to redeem Qu Point using the Code because of system issues.
5.3 The Kongsi Card is not a credit, debit, or charge card. No implied warranties relevant to credit, debit or charge cards are attached to it.
5.4 We may assign or amend these Terms and Conditions at any time without notice to you. However, if we assign or amend the Terms and Conditions, the Terms and Conditions will remain substantially the same unless you are notified.