NINJA MART GREAT REBATE! APP TERMS AND CONDITIONS
- DEFINITIONS
“Ninja” means Ninja Logistics Sdn Bhd, which is the contracting party entering into these terms and conditions (“Agreement”) with You.
“Ninja Mart App” means iOS and Android mobile devices software applications for the Ninja Mart Great Rebate! Application (or its successor(s) digital products proprietary to or licensed by Ninja), which are proprietary to and licensed by Ninja to individuals or businesses for the purpose of Cashback (as defined below) as offered by Ninja from time to time.
“Ninja Mart Platforms” means collectively, Ninja Mart’s various platforms including but not limited to Ninja Mart’s website, browser extension, mobile application.
“Cashback” means redeemable earnings which are awarded based on Your completed qualifying purchases made in a preceding month (which earnings are accumulated on 30 calendar days basis computed from the first calendar day of the month) from Ninja’s participating merchant partners through Ninja Mart Platforms.
“You” means customer of Ninja who has downloaded, accessed and registered for an account on Ninja Mart App for the purpose of redeeming Cashback.
- ENTIRE CONTRACT
2.1 This Agreement governs (i) Your access and use of the Ninja Mart App including Your account maintained thereon; (ii) the Cashback as offered through the App; and (iii) Your receipt of information from Ninja and management of the Cashback through the Ninja Mart App or otherwise.
2.2 Upon downloading and accessing the Ninja Mart App or attempting to register an account through the Ninja Mart App (whether such registration is successful or otherwise), You unequivocally accept and agree to this Agreement.
2.3 In particular, You agree that You are legally and irrevocably bound to all clicks, selection and data inputs made on Ninja Mart App, and they shall be valid and admissible in any court or tribunal and You irrevocably waive all objections to the effect that Your acceptance, clicks, selections and data inputs are legally invalid.
2.4 If any clicks, selection or data inputs are made on Ninja Mart App erroneously, You shall without delay correct them or notify Ninja of such error(s). Prior to any resolution of error(s) by Ninja, You are bound by Your erroneous clicks, selection and data inputs.
2.5 You agree that Ninja may in its discretion from time-to-time revise any terms of this Agreement, including any cashback earnings, pricing, fees and/or discounts, by notification through email, Ninja Mart App, Ninja Mart’s website or any other means. You shall review Ninja Mart App or Ninja Mart’s website for any such revised terms. Once Ninja notifies of any revision to this Agreement and You submit a request to redeem Cashback, such revised Agreement is binding on and deemed to be accepted by You. Ninja is not obliged to inform You of any reasons for any revision.
2.6 Anything in this Agreement where it is provided that Ninja has the absolute discretion to exercise a right or entitlement, or Ninja may or will notify You, may be carried out by way of automated functions or notifications through Ninja Mart App, which are binding and effective on You.
- NINJA MART APP END-USER LICENSE
3.1 Ninja Mart App is a software product proprietary to and owned by Ninja Logistics Pte Ltd and You will not (i) use it for an illegal or immoral purpose; (ii) modify or adapt Ninja Mart App without Ninja Logistics Pte Ltd’s prior written consent; or (iii) reverse engineer or copy Ninja Mart App for any purpose whatsoever.
3.2 Ninja Logistics Pte Ltd grants You a revocable, non-exclusive and non-transferable license (without the right to sublicense) to access and use Ninja Mart App for the sole purpose of redeeming Cashback offered by Ninja, companies affiliated to Ninja Logistics Pte Ltd and/or their third party merchant partners or contractors.
3.3 You agree that You do not have permission to permit any third parties, other than Your authorised personnel, to access or use Ninja Mart App.
3.4 You agree that You obtain no rights other than the rights and licenses expressly granted under this Agreement. All rights not expressly granted under this Agreement are reserved by Ninja and its licensors.
3.5 If You breach any clause in this Clause 3, You shall indemnify and hold harmless Ninja, Ninja Logistics Pte Ltd and its affiliated companies for all losses and damage, including consequential losses, arising from Your breach.
3.6 Ninja reserves the right to change, upgrade or discontinue part or all of Ninja Mart App, the Cashback or any of Ninja Mart Platforms (including service features), at any time and without notice to You.
3.7 Ninja and Ninja Logistics Pte Ltd do not warrant or guarantee that Ninja Mart App would be secure, corrupt-free or virus-free. Ninja Mart App is provided on an ‘as-is’ basis and Ninja and Ninja Logistics Pte Ltd are not obliged to rectify any bugs or provide any software-related maintenance or updates.
3.8 Ninja or Ninja Logistics Pte Ltd may in its discretion suspend access to Ninja Mart App for maintenance and upgrades.
3.9 If the use of Ninja Mart App is unavailable by reason of a force majeure event, Ninja’s obligation under this Agreement shall be immediately suspended for the period that the force majeure event subsists, and nor Ninja or Ninja Logistics Pte Ltd shall be liable to You for any losses and damages whatsoever.
- NINJA MART APP ACCOUNT
4.1 Upon acceptance of this Agreement, You may create an account on Ninja Mart App, which You acknowledge and irrevocably agree to be Ninja’s proprietary software platform and web-based portal for You to access and redeem the Cashback from Ninja.
4.2 You shall not create or have control and/or custody over multiple Ninja Mart App. In particular, each mobile number may only be linked to one Ninja Mart App account.
4.3 At any time, including before You submit a request for Cashback redemption, Ninja may request documents and information necessary for identifying You and/or Your business establishment. You agree to comply with such request(s) from Ninja and will promptly provide the necessary documents and information, failing which Ninja is entitled to suspend or terminate the use of Your Ninja Mart App account or forfeit the accumulated Cashback.
4.4 A failure by You to abide by any this Agreement, or any fraud or abuse committed by You in relation to the accrual or receipt of Cashback, and/or any misrepresentation of any information furnished to Ninja or its affiliates may result in Your Ninja Mart App account being flagged for suspicious activity and suspended or terminated and any Cashback accumulated being forfeited.
4.5 You are responsible for the regular checking of Your Ninja Mart App account. Your Cashback earnings reflected on Ninja Mart App shall serve as conclusive evidence of the same.
4.6 You warrant, represent and undertake that:
(a) Only You or Your authorised representatives may use Ninja Mart App Mobile App solely for the purpose of Cashback redemption. Ninja is not liable for any person’s wrongful use of Your account unless Ninja had directly caused such wrongful use.
(b) You will provide all complete and truthful details (including Your personal details, if required) as reasonably required by Ninja to complete Your Cashback redemption requests and that You have reviewed and consented to Your personal data being managed in accordance with the terms of Ninja’s Privacy Policy, accessible through the Ninja Mart App or Ninja Mart’s website.
(c) You have the authority, capacity and where applicable, all required business and trading permits and licences to enter into this Agreement.
(d) You shall, upon Ninja’s request, provide information or documentation for our identification and verification purposes in relation to Your Cashback redemption requests.
(e) You will not use Ninja Mart App to carry out any illegal or unethical acts or for any abusive, illegal or unethical purposes.
(f) You shall not use Ninja’s trademarks, logos or other intellectual property rights without Ninja’s prior written consent.
(g) You shall at all times comply with this Agreement.
(h) You shall indemnify Ninja and its affiliates, and any of Ninja’s participating merchant partners, as well as their officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including legal fees) arising out of Your breach of this Agreement.
(i) You shall treat any information You had received or possessed as result of this Agreement, as confidential and will not use such information other than for the purposes of which it was given.
- CASHBACK REDEMPTION
5.1 To earn Cashback, You must make complete qualifying purchases from Ninja’s participating merchant partners through Ninja Mart Platforms in the preceding month (the “Purchases”) on a 30 calendar days basis computed from the first calendar day of the month prior to Your Cashback redemption.
5.2 Cashback can only be redeemed through the Ninja Mart App, and cannot be purchased, resold, exchanged or transferred for value or otherwise under any circumstances. Ninja may at its sole and absolute discretion and without prior notice to You, reject Your request to redeem Cashback for any reasons whatsoever, including without limitation where:
(a) There are insufficient Cashback earnings for a particular Cashback redemption.
(b) The earnings of a Cashback are no longer offered or are discontinued by Ninja and/or its participating merchant partners (where applicable).
(c) Ninja reasonably believes there to be fraud or abuse committed by You pursuant to Clause 4.4.
5.3 The computation of Cashback earned by You for the Purchases is determined by Ninja in its sole and You are not entitled to request from Ninja any explanation regarding the computation method for any reason whatsoever.
5.4 Successfully redeemed Cashback may be in the form of a discount e-coupon/e-voucher (or such other form as determined in Ninja’s sole discretion) which:
(a) can only be applied to Your first purchase in the succeeding month from Ninja, consisting products of at least two (2) Ninja’s participating merchant partners (excluding any tobacco products). No additional Cashback can be redeemed in the same month; and
(b) must be fully utilized within the same succeeding month (or such other period as determined by Ninja in its sole discretion) (“Validity Period”).
5.5 If the value of redeemed Cashback is greater than the value of Your first order of the month, the excess of redeemed Cashback cannot be carried forward/refunded and shall be forfeited automatically by Ninja without incurring any liability whatsoever to You.
5.6 Cashback earned which is not redeemed in the succeeding month or if successfully redeemed but remains unutilized within the Validity Period Expired, shall automatically expire or be forfeited by Ninja without incurring any liability whatsoever to You.
5.7 You acknowledge that:
(a) Certain Purchases may be excluded from Cashback.
(b) Purchases are additionally subject to the terms and conditions of Ninja’s participating merchant partners that offer Cashback earnings.
(c) (Where applicable) Cashback earnings and exclusions vary may from each of Ninja’s participating merchant partners. You are advised to review the applicable terms and conditions of Ninja’s participating merchant partners.
(d) Ninja is not an agent of any of its participating merchant partners which operate independently and is not under Ninja’s control. Ninja does not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer of Cashback earnings. Ninja is not responsible for changes to, or discontinuance/withdrawal of any participating merchant partner from any of Ninja Mart Platforms or the termination of any Cashback earnings offered by any Ninja’s participating merchant partners on any of Ninja Mart Platforms.
5.8 You shall ensure the accuracy of Your Cashback redemption requests. Once a Cashback redemption request is processed, it cannot be reversed or modified and Ninja shall not be liable whatsoever to You.
- LIABILITY
To the extent permitted by laws, Ninja’s maximum aggregate liability under this Agreement shall not exceed the value of the Cashback of which You have notified us in relation to any dispute, discrepancy or incorrectness thereof and which we determined is liable to You. In no event shall Ninja be liable for any special, incidental, consequential, exemplary, punitive or other indirect damages or for any loss of profits, data or use.
- GENERAL
7.1 Either Ninja or You may terminate this Agreement by closing the Ninja Mart App account in accordance with Ninja’s prevailing process. All rights, obligations and benefits that accrued prior to the termination date shall be unaffected.
7.2 This Agreement forms the entire legally binding and valid contract between Ninja and You and supersedes all prior versions of signed contracts and understanding. Prior agreements between Ninja and You that concern the subject-matter herein are deemed to be terminated.
7.3 Ninja may subcontract any part of or the whole of this Agreement to an affiliate of Ninja Logistics Pte Ltd or third party to perform on behalf of Ninja.
7.4 You may not assign, transfer or novate any obligations or benefits under this Agreement without Ninja’s written consent.
7.5 Ninja may assign, transfer or novate any obligations or benefits under this Agreement without Your written consent, and You shall take all steps necessary to enable Ninja to complete such assignment, transfer or novation.
7.6 Ninja may at its discretion set off any sums and liability due and payable by You to Ninja, whether under this Agreement or otherwise, against any sums and liability due and payable by Ninja to You, whether under this Agreement or otherwise.
7.7 This Agreement may not be enforced by and does not confer any benefit on any third parties.
7.8 No delay in exercising any right shall constitute a waiver. No waiver shall be valid unless in writing and signed.
7.9 If any clause or part of this Agreement is invalid, illegal or unenforceable for, that clause or part of this Agreement shall be severed from this Agreement and the remainder of the Agreement shall remain valid and enforceable.
7.10 This Agreement shall be governed by the laws of Malaysia.
7.11 All disputes arising from this Agreement shall be submitted by either Party to the Courts of Malaysia and You shall not submit any disputes to any consumer tribunal.