Malaysia

Membership Agreement

Poko Chan Point Program Membership Agreement

This membership agreement sets the terms and conditions for the Poko Chan Point Program (this "Program") managed by UNI-CHARM CORPORATION SDN. BHD ("we", "our" or "us").

Article 1 (Consent to this Agreement)

1. To attend this Program, you must consent to this agreement and become a member. You cannot revoke the consent. If you use Poko Chan Point Program App, you must further consent to Poko Chan Point Program App Terms of Use. If Poko Chan Point Program App Terms of Use contradict with this agreement, Poko Chan Point Program App Terms of Use prevail.


2. If you are a minor, you must attend this Program after getting consent (including consent to this agreement) of your parent or guardian.


3. If a member who was a minor at the time of consent uses this Program after he/she has come of age, his/her acts concerning this Program is deemed to be ratified.

Article 2 (Amendment to this Agreement)

1. We may make an amendment to this agreement at any time if we deem it necessary.


2. Any amendment to this agreement will be posted on our website. Any amendment to this agreement takes effect at the time it is posted.


3. If you do not consent to any amendment to this agreement, you must immediately resign your membership and stop using this Program. In this case, the accumulated points may become void. We are not responsible for your losses.

Article 3 (Registration)

1. Only those who are aged 18 or older and living in Malaysia are eligible to become a member of this Program.


2. To attend this Program, you must register as a member by providing your membership information and password.


3. You must provide us with true and accurate membership information upon registration. In case there is an error or change in the registered membership information, you must promptly revise or change the registration.


4. Members are distinguished between Lite Members and Regular Members according to the membership information they register. Lite Members are imposed on restrictions as to the availability of the services. For example, Lite Members are not able to exchange points for prizes or participate in a rewarded survey. For Lite Member to enjoy these services, he/she needs to register additional membership information and become a Regular Member.


5. You can create only one account. If you are already a member, you are not allowed to register as a new member again. For example, if you have registered as a member in a country, you cannot register as a new member in another country.


6. We will provide services concerning this Program based on registered membership information. We are not responsible for non-delivery of prizes and other losses to members caused by false, inaccurate or incomplete membership information.


7. You must ensure security of your password and must not allow any third party to use it. We may deem any act using the registered password to be your act. If you forget your registered password, you may become unavailable to use this Program or points. We are not responsible your losses.

Article 4 (Earning Points)

1. You can earn points by registering unique codes that come with packages of our products. Our products by which points can be earned and the amounts of points to be earned by each product are posted on our website. We may replace such products or make changes in such amounts at any time.


2. If you are a member using Poko Chan Point Program App, you may earn points by receiving a signal from a beacon transmitter installed by us or our partner, at a storefront or event site, subjecting to our requirement (e.g. Bluetooth function must be enabled). There are upper limits to the amounts of points that can be earned by receiving a signal from a particular beacon transmitter. We or our partners may remove installed beacon transmitters at any time.


3. We may or may not provide other means we deem appropriate for you to earn points.


4. There are two types of points that you can earn through our products or promotions, Regular Points and Time Limited Points. Regular Points will expire in 2 years from the last registration of a unique code or exchange of points for a prize. The expiration of Time Limited Points depends on each promotion. You can check the expiration of each Time Limited Points on the member’s page. We will not compensate you for the expiration of each points.


5. If you create multiple accounts in violation of Section 3.5, you cannot sum up the points in those accounts.

Article 5 (Exchange of Points for Prizes)

1. Regular Members can apply for the exchange of accumulated points for prizes in accordance with the procedure prescribed by us. Members cannot cancel the application for the exchange in any case. Available prizes, and the amounts of points necessary for the exchange for each prize are posted on our website. We may replace such prizes or make changes in such amounts at any time.


2. When Regular Members apply for the exchange of accumulated points for prize, the points with the shortest expiration date will be used first.


3. After accepting the application for the exchange, we will send the prize by mail to the address registered as membership information. It usually takes 3 or 4 weeks. In case the applied prizes are no longer available because of the stop of production etc., we may substitute prizes of equal value for the applied prizes.


4. Except for the exchange of points for prizes provided in the preceding three sections, we will not redeem or compensate for the points in any case.

Article 6 (Resignation from Membership)

1. Members may cancel his/her registration and resign his/her membership at any time.


2. If a member resigns his/her membership, accumulated points may become void. We are not responsible for the losses to the member and will not redeem or compensate for the points.

Article 7 (Use of this Program)

1. You may use this Program privately only. Use of this Program for business purposes are not allowed.


2. To use this Program, you must prepare necessary devices, software, communication lines and other network environment at your costs and responsibility.

Article 8 (Advertising)

We may send you advertisements by email, SMS or other means of communication (including direct message services provided by social media). We may also place advertisements on third party's website, social media and other services.

Article 9 (Change in this Program)

We may make change in, add or delete all or part of services of this Program without prior notice. We are not responsible for your losses.

Article 10 (Suspension of Service)

We may temporarily suspend all or part of services of this Program without prior notice if one of the following reasons appears. We are not responsible for your losses.

(1) Scheduled or unscheduled maintenance or repair of servers or communications equipment relating to this Program

(2) System overload by over-access or other unexpected cause

(3) Necessities to secure the information of members

(4) Unavailability of services by a telecommunications carrier

(5) Earthquakes, floods, fires, power failures or other accidents, or force majeure events such as wars, conflicts, disturbances, riots, labor disputes etc.

(6) Inability to maintain services of this Program because of laws or regulations

(7) Other reasons similar to the above and we deem appropriate to suspend services

Article 11 (Duration of this Program)

1. The duration of this Program starts from 21 November 2018. In the event that we extend/terminate the duration of this Program, we will announce this on our website at least 1 year prior to the last date of this Program. Once this Program has ended, your accumulated points will become void and no further redemption will be entertained and we will not be responsible for any losses nor will we compensate for any loss of points/prizes redemptions.


2. Notwithstanding the Section 11.1, we may terminate this Program at any time if circumstances beyond our control compel us to do so. In that case, your accumulated points may become void. We are not responsible for your losses and we will not redeem or compensate for the points.

Article 12 (Personal Data)

1. We collect registered membership information, history of accumulation and exchange of points, traffic data (IP address etc.), behavioural data (log-ins, page views, clicks etc.), imprecise location data, data regarding cookies and similar devices, and other personal data, for the following purposes:

(1) Identity verification and certification

(2) Administration of points, delivery of prizes, and other services

(3) Conduct of surveys and other campaigns

(4) Advertising (including targeted advertising and interest-based advertising etc.) and other provision of information

(5) Notification and other communication concerning this Program or Poko Chan Point Program App

(6) Research, analysis, and collection of statistics for our marketing activities and development of products and services


2. To accomplish above purposes, we may outsource the processing of personal data. Outsourced processing may be carried out in foreign countries(including but not limited to Singapore).


3. "Our headquarters (Unicharm Corporation) and their affiliates may view, collect and use personal data in accordance with the above purposes and the privacy policy of each company.


4. We, or outsourced processor, may combine your data concerning this Program or Poko Chan Point Program App with other data (including data collected by third parties).


5. We may use Google Analytics, Firebase, Adobe Analytics and other services provided by third party service providers. Your data will be processed in accordance with the privacy policies of these service providers.


6. We will continue to use a part of your information in order to accomplish above purpose even if you resign membership or we terminate this Program. For example, it is the user ID, registration date and time, a part of the address, and the birthday of you and your baby. In addition, you can request suspension of use, etc. in accordance with the Article 20 (Inquiry) to the extent permitted by related laws and regulations.

Article 13 (External Service)

1. When you use Facebook, Google +, or other external services while using this Program, you must, in addition to this agreement, comply with the terms and conditions of such external services.


2. Regarding external services, service providers of such external services undertake responsibility and we are not responsible.

Article 14 (Intellectual Property)

1. All intellectual property rights in the contents on our website belong to us or third parties who grant licenses to us. You cannot use them beyond proper use of this Program.


2. Trademarks or other proprietary materials may appear on our website, which does not mean we assign, or grant a license to use such trademarks or other proprietary materials.

Article 15 (Prohibition)

You must not engage in any of the following acts while using this Program:

(1) Acts against the purposes of this Program and this agreement

(2) Fraud or other acts in violation of laws or regulations

(3) Infringement of our or any third party's rights or interests

(4) Acts of offering profits or benefits to anti-social forces, etc.

(5) Unauthorized access to servers relating to our website

(6) Acts of imposing excessive burdens on servers or networks relating to our website

(7) Unjustifiable acquisition of our confidential information or third party's personal information

(8) Impersonation, or acts of using third party's membership information or password

(9) Acts of making your membership information or password available to any third party

(10) Acts of making use of defects (bugs) of our website, or external tools that may cause unintended effects (bots, cheat tools, hack tools etc.)

(11) Acts of lending, borrowing, selling, buying, assigning, transferring, or otherwise using third party's points or unique codes or making your points or unique codes available to third party

(12) Acts of lending, borrowing, selling, buying, assigning or transferring prizes etc.

(13) Acts of preparing, aiding or facilitating the above

(14) Other acts we deem inappropriate

Article 16 (Violation)

1. If you violate this agreement or Poko Chan Point Program App Terms of Use, or we consider that there are risks of your violation of them, we may take actions we deem appropriate such as suspension of all or part of services of this Program or cancellation of your registration, without prior notice. Although your points may become void or otherwise losses may occur by these actions, we are not responsible for your losses.


2. If we or third party suffer losses by your violation of this agreement or Poko Chan Point Program App Terms of Use, you may become responsible for the damages.

Article 17 (No Warranty)

1. We do not represent or warrant that our website is free of defects (bugs) or vulnerabilities, our website and this Program do not infringe third party's rights, your use of our website and this Program does not violate any laws or regulations etc. Even if these problems are found, we are not obliged to fix them by updates etc.


2. We do not guarantee that our website is compatible with all browsers and operating systems. Even if problems are caused by updating of browsers or operating systems etc., we are not obliged to fix them.


3. All or part of this Program may become unavailable due to changes in laws or regulations, or administrative guidance.

Article 18 (Immunity)

1. Even if you suffer losses relating to this Program, we are not responsible for consequential losses or extraordinary losses, regardless of whether or not such losses are foreseen or foreseeable, except for losses caused by our intention or gross negligence.


2. If dispute arises between you and other member, or between you and third party, you must notify us of it and settle it at your costs. We are not obliged to intervene in it and incur no obligation.

Article 19 (Notice)

Our notices concerning this Program may be posted on our website, sent by email or SMS, or given by any other means we deem appropriate.

Article 20 (Inquiry)

Our name, address and contact information for inquiries about this Program are as follows:

[Name] Uni-Charm Corporation Sdn. Bhd.

[Address] Lot G.02A, Ground Floor, 1 First Avenue, Bandar Utama, 47800 Petaling Jaya, Selangor

[Contact (Phone number and e-mail address)] 03-7729 7930 or E-mail: consumercare@unicharm.com

[Facebook] facebook.com/MyMamyPoko

Article 21 (Governing Law)

The laws of Malaysia governs all maters arising under or relating to this agreement.

Established on 12 November 2018

Amended on 9 June 2021

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