Terms & Conditions
The General Terms and Conditions for the NES Group Rewards Points
1. PREAMBLE >
The participation in this NES Group Rewards Points Loyalty Programme is subject to these Terms and Conditions (“Programme Terms”) which consist of this Preamble (Section 1), the Entry Rules (Section 2) and the Programme Rules (Section 3).
The "NES Group Rewards Points Loyalty Programme" (the “Programme”) is a customer loyalty programme sponsored by NES Group in which Participants can collect points (“Points”) by purchasing NES Group products and when the purchases are fully paid for in accordance to supply terms. The following applies:
Points can then be redeemed for large or small rewards from a variety of reward products (“Rewards”).
2. ENTRY RULES >
2.1 Participants >
2.1.1 The Programme is open to all registered, commercial automotive spare parts dealers in Malaysia (the “Participants”). The Programme is only aimed at businesses, not consumers or individuals within the businesses. Each Participant will, therefore, be a spare parts dealer rather than an individual within such business, even where such a business is not operated through a corporate entity.
2.1.2 Within the scope of the Programme, only the officially registered owner of the Participant may act in the name of and on behalf of the Participant. If the person acting in the name of and on behalf of the Participant is not the officially registered owner, this person must, at the request of NES Group, provide written proof of his or her authorisation to act in the name and on behalf of the owner of the Participant and only according to its instructions. Employees and non-company staff of NES Group and of other sponsors, are excluded from participating in the Programme.
2.1.3 Both the owner of the Participant and any person acting in the name and on behalf of the Participant must be at least 18 years of age.
2.2 Registration >
2.2.1. Registration for the Programme takes place via the NES Group Rewards Points Loyalty Programme application at NES Group Rewards App. An account (" NES Rewards Points Account ") can be opened on the Programme application by clicking on “Register” and by following the further account set-up instructions. A valid business e-mail address must be provided in order to open a NES Group Rewards Points Account.
2.2.2. The authorised account holder of the e-mail address provided at registration represents the Participant as the contact person. Each Participant may only open one NES Group Rewards Points Account
2.2.3. The participation in the Programme commences upon registration and after NES Group has activated the NES Group Rewards Points Account. NES Group may reject any registration without any giving reasons.
2.3 Password >
2.3.1. When opening the account, each Participant must choose a password for personal identification. The password is required to access (e.g. for ordering Rewards or checking the online NES Group Rewards Points Account balance). To avoid misuse, the Participant must ensure that the password is not disclosed to any unauthorised third parties.
2.3.2. The Participant will notify NES Group at once by mail to the following address: support@nesgroup.my if there is any suspicion of misuse of the password or the NES Group Rewards Points Account.
2.3.3. NES Group is not liable for any losses which arise from the culpable failure to notify NES Group or do so in a timely manner. NES Group can only be held liable in accordance with Section 3.12 of these Programme Terms.
3. PROGRAMME RULES >
3.1 Collecting Points >
The following applies for Participants in Malaysia:
The Participants collect points from their purchase of NES Group brands/products which are authorized for premiums as determined by NES Group.
3.2 Classification of points and viewing the account >
3.2.1. Points are allocated to each individual NES Group Rewards Points Account according to their purchases
3.2.2. Information regarding the NES Group Rewards Points Account can be accessed at any time at NES Group Rewards App.
3.3 Redemption of Points >
Points may be redeemed against selected products as soon as the NES Group Rewards Points Account has the required Points for the Reward concerned. Points have no cash value and cannot be redeemed for credit. Once a Reward is redeemed, it cannot be exchanged against another Reward.
3.4 Rewards >
3.4.1. The Rewards are listed in the NES Group Rewards App. All Rewards are subject to availability (which may vary depending on date and destination). More information concerning the availability of Rewards can be found on our application. If a Reward is no longer available, NES Group reserves the right to exchange a Reward with a product of equal or higher value.
3.4.2. Each Reward has a specific value in Points (the “Product Point Value”) depending on the product type. The latest Product Point Values can be found at NES Group Rewards App. NES Group reserves the right to alter the number of Points allocated to specific Rewards during the Programme at any time with effect to all orders of Rewards not issued at the time of the change. This does not affect the number of Points already collected at the time of alteration.
3.5 Validity of Points >
3.5.1. The Points credited and accumulated to the account of the Participant will be lost if the relevant NES Group Rewards Points Account is closed by the Participant or closed by NES Group of Companies.
3.5.2. In case the Programme ends or is no longer offered or is terminated by NES Group in accordance with Section 3.9 of the Programme Terms ("Termination "), Points can be redeemed only for a further period of three (3) months. The Points will then expire.
3.6 Transactions >
3.6.1. All transactions and the delivery of all Rewards are governed by the applicable legal provisions and by the present Programme Terms (see Section 1).
3.6.2. Points can first be redeemed when they have been credited by NES Group to a NES Group Rewards Points Account. NES Group will use its efforts so that the points are credited within sixty (60) days after the end of the month in which payment for the purchases are received in full by NES Group as set forth under Section 1 of these Programme Terms.
3.6.3. When a Reward is requested, the corresponding number of Points will be deducted from the Participant’s NES Group Rewards Points Account. Redeemed Points cannot be reused.
3.6.4. If a transaction for which Points are awarded or redeemed is cancelled, rescinded or not completed, NES Group will reverse the credit of Points associated with such a transaction. Rewards may be refused or cancelled in circumstances where insufficient Points are available or where fraud or misconduct is suspected.
3.7 Taxes, Surcharges and Deductions >
Any taxes, surcharges or deductions associated with the issue, use or receipt of a Reward under this Programme must be borne by the Participant.
3.8. Misuse of Points and Breach of Programme Rules >
3.8.1. Points can only be earned, held or redeemed in accordance with the Programme Rules set out in this Section 3. Any other use, allocation, sale, exchange or transfer of Points or attempt to do so will be regarded as a misuse (“Misuse”) constituting a serious breach of these Programme Rules.
3.8.2. Any Points not collected and held in compliance with these Programme Rules are invalid and cannot be redeemed for Rewards. Any such Points will be deducted from the NES Group Rewards Points Account. If these Points have already been redeemed, NES Group will demand return of the corresponding Rewards or the monetary value if the Rewards cannot be returned.
3.8.3. NES Group or any third party authorised by NES Group reserves the right in any case of Misuse caused by a fault of the Participant to refuse to issue any Reward. Any further statutory or contractual rights of NES Group remain unaffected.
3.9. Termination, Suspension and Exclusion from the Programme >
3.9.1. Termination
3.9.1.1. Participants may close their NES Rewards Points Account at any time by notifying NES Group by written notice or any other manner which NES Group provides for the termination of the NES Rewards Points Account at NES Group Rewards App. In this event, the points which are still in the Participant's account are forfeited.
3.9.1.2. NES Group may terminate the participation of the Participant in this Programme with four (4) weeks prior written notice if
(i) it decides to change the Programme or Programme Terms or
(ii) in case a situation occurs as set out in Section 3.9.2 of these Programme Terms.
This does not affect NES Group’s right to terminate the participation for good cause without notice. A good cause exists in particular in the following events:
i) in all instances of misuse under Clause 3.8 of these Programme Terms; (ii) if the Participant provides false information or information which is not exact;
(iii) in the case of misconduct towards NES Group; or
(iv) in the case of other serious violations by the Participant of these Programme Terms.
3.9.2. Suspension
NES Group may close down any NES Group Rewards Points Account in respect of which no log-in has taken place or no Points have been collected for a continuous period of at least twenty-four (24) months.
3.9.3. Exclusion from the Programme
NES Group can reject registrations without stating the reasons, above all if NES Group has already terminated a contract with a Participant for good cause in the past.
3.10. Programme Changes >
3.10.1. NES Group reserves the right to supplement or amend the present Programme Rules, the Rewards, the Product Point Value or any other procedures associated with the Programme with effect for the future at any time if it deems such changes necessary (“Programme Changes”). NES Group will publish any Programme Changes on its applications at NES Group Rewards App. By collecting and redeeming Points in a NES Group Rewards Points Account after such notification, the Participant expresses its acceptance of any Programme Changes. Participants will be notified by email of any material Programme Change.
3.10.2. If a Participant rejects the Programme Changes, its participation in this Programme may be duly terminated according to Section 3.9 of the Programme Terms.
3.10.3. NES Group may transfer all rights and obligations under this Programme to any third party upon written notice in case the Programme is sold or otherwise transferred by NES Group to that third party.
3.11. Delivery, Shipping and Returns >
3.11.1. NES Group take all reasonable efforts for Rewards to be shipped within four (4) weeks after redemption. Any dates quoted for delivery are approximate only. NES Group reserves the right to substitute a Reward where we are unable to supply the Reward requested. In such a case, NES Group will contact and inform the Participant accordingly and ask the Participant to request another Reward which is available according to Section 3.4 of these Programme Terms. Once the Reward has been delivered, responsibility for the Reward passes to the Participant, and the Participant will subsequently be liable for any incurred loss or damage.
3.11.2. If any Reward is defective in any way, or if the wrong item is delivered, in the first instance please, contact the NES Group Rewards Centre at support@nesgroup.my. The NES Group Rewards Centre will discuss the matter with you and will advise you of the appropriate course of action, depending on the nature of the Reward in question. This may involve collecting the Reward from you or they may advise you on procedure and method which you can return the Reward.
3.12. Warranty, Guarantee and Liability >
3.12.1. Warranty claims against NES Group in respect of Rewards are subject to the applicable statutory warranty provisions.
3.12.2. NES Group does not give any express or implied guarantee for the Rewards. Such guarantees may only be given by the manufacturers of the Rewards granted under the Programme.
3.12.3. NES Group is liable for damages as follows:
3.12.3.1. Except in the case of violation of main contractual duties, NES Group is only liable if NES Group, its legal representatives, senior employees or agents for purposes of performance have engaged in intentional or grossly negligent misconduct. Aside from this, NES Group is only liable in the case of a violation of main contractual duties, i.e. duties, the compliance of which is of particular importance for the performance of this Agreement, and without compliance with which the achievement of the purpose of this Agreement would be endangered.
3.12.3.2. Except in the case of intentional or grossly negligent misconduct by the legal representatives, senior employees or agents for purposes of performance of NES Group, the liability of NES Group is limited to the damages which are typically foreseeable upon conclusion of these terms and conditions of the program. The above mentioned exclusions and limits on liability do not apply for damages resulting from injury to life, physical integrity or health, lack or loss of a guaranteed feature or non-compliance with a guarantee or damages resulting under mandatory provisions in the Malaysian Consumer Protection Act 1999 (hereinafter “CPA 1999”).
3.13. Data Protection >
Data collected, including any personal data obtained through use of and participation in the Programme, are maintained in accordance with NES Group’s Privacy Policy which may be accessed here. The Data Protection Statement should be read carefully by every Participant. If it is necessary for any reason to transfer personal data for a specific purpose, we will ensure that these data are handled in accordance with the respective applicable Malaysian Personal Data Protection Act 2010 (PDPA).
3.14. Applicable law and Jurisdiction >
These Programme Terms are subject to the laws of Malaysia, excluding the UN Convention on the International Sale of Goods (CISG. Exclusive jurisdiction for all disputes under or in connection with these Programme Terms, including any expansion or supplement to these Programme Terms, as well as individual transactions in connection with this Programme Terms.
3.15. Severability >
If any provision of these Programme Terms is or becomes invalid or unenforceable, the validity of the rest of these Programme Terms will not be affected by this. The Parties will use their efforts to replace the invalid or unenforceable provision by a valid and enforceable provision which comes economically as close as possible to the invalid or unenforceable provision. This also applies in the case of a gap in the provisions.
