1.   Definitions

1.1

In this Terms and Conditions, the following Expression shall have the following meaning:-

(a)

"SDP" means Sime Darby Property Berhad (Company No. 15631-P), a company incorporated in Malaysia and having its office at 5th Floor, Wisma UEP, Jalan USJ 10/1A, Pusat Perniagaan USJ 10, 47620 Subang Jaya, Selangor.

(b)

"SDP Property" means any house unit(s) developed by SDP and/or any of its subsidiaries which is/are being purchased directly from SDP and/or any of its subsidiaries excluding any house unit(s) which are purchased through a sub-sale and/or secondary transaction.

(c)

"Prime" means the Prime Card issued by SDP under the Prime Homeowners' Rewards Programme.

(d)

"Programme" means the Prime Homeonwers' Rewards Programme drawn up with benefits and privileges promoted by SDP and at participating outlets for Members’ enjoyment.

(e)

"Member" means registered member of the Prime Homeowners' Reward Programme and holds a valid Prime card.

(f)

"Merchants" means the merchants, suppliers, vendors or establishments participating in the Programme from time to time.

(g)

"SPA" means the duly executed and stamped Sale and Purchase Agreement between SDP and/or any of its subsidiaries and the purchasers or Prime Member(s) of any house unit(s) developed by SDP and/or any of its subsidiaries.

2. Prime Membership

2.1

The Prime membership is given free of any charges:

(a)          upon the completion and acceptance of the online registration requirement; or

(b)          upon the completion and acceptance of the Priority Registration Form; or

(c)          upon the purchase of a SDP Property directly from SDP and/ or any of its subsidiaries affected through the execution and stamping of the SPA for the purchase of SDP Property (for Gold and Platinum eligibility only).

The Member shall be issued a Prime Card upon the successful registration of the Prime membership by any of the ways stipulated above for use in connection with the benefits and privileges under the Programme.

2.2

The Prime membership shall remain with the first owner of the SDP Property even after the said SDP Property has been sold, assigned, transferred or disposed off to another party. Any subsequent owner of the SDP Property shall not be entitled to the Prime membership, unless appropriate registration is duly made with SDP.

2.3

The Prime membership can only be transferable to immediate family members which is limited to the Member’s Spouse, Children and Parents. SDP shall have the right to request any information, documents and certificates solely for the purpose to establish the immediate family relationship between the Member and the prospective transferee of the membership and to affect such transfer.

2.4

The Prime is NOT a credit card or debit card or charge card or other instruments having similar functions of such cards. It cannot be used to obtain cash, cash vouchers or to exchange for cash or other products or services.

2.5

The three (3) categories of Prime are, namely, Blue, Gold and Platinum. The type of Prime is determined by the followings: -

(a)           Platinum - Current SDP house owner buying subsequent unit(s) from SDP from 19th May 2010 onwards.

(b)           Gold - current SDP house owners in all SDP Townships.

(c)           Blue  - prospect who register via the Priority Registration Form and Online

2.6

The Privileges of Blue, Gold and Platinum are as follows: -

(a)           Priority invitation to SDP’s property launches, events and other attractive promotions, etc.;

(b)           Special deals on dining, shopping and services at Participating Outlets.

(c)           Updates on benefits & privileges of Programme

2.7

SDP shall from time to time upgrade a Member’s Prime membership based on the latest properties purchased by the Member.

2.8

In the case of joint purchasers, each of the joint purchasers are entitled to the Prime membership.

3. Discount Vouchers

3.1

In order to enjoy the discount vouchers at the Merchants, the Member MUST present a valid Prime Card and the hardcopy of the printed email to the Merchants before every transaction is entered into. The discount vouchers are only applicable to current transactions and not previous or back-dated transactions.

3.2

Special discounts are given by the Merchants subject to such restrictions, exclusions, terms and conditions as may be prescribed by the Merchants and/or SDP from time to time at their absolute discretion.

3.3

The Merchants may at their absolute discretion cancel, suspend, terminate, reduce or otherwise change the discount vouchers and may at their absolute discretion do not allow the use of the Prime Card by the Member during sales or promotional periods and/or for discounted items and/or when the Prime Card is presented together with any other privileges or discount related vouchers and/or cards.

3.4

SDP shall not be liable to the Member in any manner whatsoever and howsoever for any goods and/or services purchased by the Member from any of the Merchants and does not warrant the giving of such benefits and/or discounts by the Merchants albeit the Member produces a valid Prime Card to such Merchants.

3.5

Each discount vouchers can only be used by one member on “one item per transaction” basis only. Any accumulation or combined value of two or more discount vouchers on a similar item will not be valid, accepted and cannot be made to enjoy a higher value of discount on any one item.

Unless otherwise specified, discounts are generally not applicable to tax, service charges and other miscellaneous charges that are not included in the price of the goods or services purchased.

3.6

SDP gives no representation or warranty with respect to any goods and/or services provided by the Merchants under the Prime Programme. In particular, SDP gives no warranty in respect of the quality of goods and/or services purchased from or rendered by the Merchants or their suitability for any purpose. Any dispute concerning goods and/or services purchased from and/or rendered by the Merchants shall be settled between the Member and the Merchants involved. SDP will bear no responsibility for resolving such disputes or for the dispute itself.

4. General

4.1

Member must present valid email vouchers prior to the transaction being entered into in order to enjoy the benefits and privileges under the Prime Programme.

4.2

Unless otherwise specified, benefits and privileges under the Prime Programme are not valid for use with other ongoing promotions and discounts of SDP and the respective Merchants.

4.3

SDP gives no representation or warranties or endorsements for the goods or services shown in the SDP’s newsletters, magazines or SDP’s website pertaining to the Merchants with respect to the pricing, the discounts, the promotion and the availability of such goods and services advertised therein as such pricing, discounts, promotion and availability may be changed, varied, suspended, terminated or withdrawn without prior notice by the Merchants.

4.4

SDP reserves the right to withdraw, suspend, terminate, substitute or vary any of the benefits under the Prime Programme from time to time without prior notice. Any substitution or variation by SDP of any benefits contained herein shall not entitle the Member to any claims or compensation from SDP for any and all losses or damages suffered or incurred by the Member, whether directly or indirectly caused.

4.5

In case of any dispute relating to the SDP Property related privileges under the Prime Programme, the decision of SDP shall be final and conclusive.

4.6

SDP is not liable for any loss or damage suffered by the Member due to any of the following reasons: -

(a) any unauthorised use of the Prime;

(b) any failure of a Member to notify the Merchants that a transaction is a Prime Programme transaction;

(c) any benefits not being available for any reason;

(d) any failure to notify members of any changes in these Terms and Conditions, the Prime Programme, the Merchant; and

(e) the suspension and/or termination of the Prime Programme.

4.7

SDP reserves the absolute right and discretion to add, delete or amend these Terms and Conditions at anytime without prior notice.

4.8

SDP reserves the right to withdraw, suspend or terminate the Prime Programme and Prime Membership at any time it deems necessary without assigning any reasons thereto. In such a case, Prime shall give advance notice to the Member in the manner which SDP deems appropriate. Upon notification of such suspension or termination, the Member’s card shall be nullified and invalidated and SDP shall have no obligation to extend any benefits to the Members.

4.9

The Member hereby authorizes SDP and/or its employees or servants to hold, make use of, disclose, divulge or reveal any information relating to the Member and the Member's use of the Prime card in such manner and to such extent as SDP shall from time to time deem necessary, to such parties and/or its agents involved in the Programme for research, planning, product development and direct marketing. Additionally, the Member agrees to allow their particulars and data, including data relating to purchases and mode(s) of payments, to be passed or disclosed between SDP, its affiliates and its Programme contractors or suppliers for the purpose of maintaining Member's account with and continued participation of the Programme.

4.10

The Member is responsible to notify SDP of any updates on their profile, change of address or any other contact information to enable SDP to send appropriate updates on Prime Programme to the said Member. Such notification shall be in writing and SDP shall not be held liable or responsible for any loss or damages incurred by the Member for the Member’s failure to provide such notification to SDP.

4.11

The application, registration and use of the Prime by the Member automatically infers acceptance of the prevailing terms and conditions of the Prime Programme.