Midas Merge Sdn Bhd (“the Company, we, our or us”) is committed to protect the personal data of the applicants and members (“Members, you or yours”) of our Mm card programme (“Programme”) and will take necessary and relevant measures to safeguard the Members’ personal data in accordance with the Personal Data Protection Act 2010.

This Policy explains how the Company collects and processes your personal data and governs the manners in which the Company uses, maintains and discloses the collected personal data.

This Policy only applies to personal data of individuals that are processed for commercial transactions.

1.       Personal data

Personal data means any information provided by you which relates to and/or relates back to you including but not limited to your: Name; Age; Gender; Race; Religion; Nationality; Identity card/passport number; Correspondence/office/e-mail address; Marital Status; Home/Office/Mobile phone/facsimile number; Bank Account Information; login/admin password; and any other personal data as defined and described under Personal Data Protection Act 2010 (“PDPA”).

2.       Collection of personal data

The Company may collect personal data of the Members who are using our services (as defined below). The processing and utilisation of the Members’ personal data will be done in accordance with this Policy, the PDPA and all applicable laws.

Using our Services means:

                a)       being a member of the Programme;

                b)      shopping with us in our stores;

                c)       register on and using our mobile application (“App”) where this Policy is posted

                d)      signing up for electronic direct marketing communication such as newsletter you receive from us via e-mail or SMS; or

                e)      signing up for any membership with us, or take part in surveys, competitions or events organised by us.

Your personal data may be collected when:

a)    you use our Services

b)    you shop with us at our stores or use our App;

c)       you contact us or we contact you or you take part in promotions, competitions, surveys or reviews about our Services; or

d)    When you participate in charity or corporate social responsibility events organized by us or by any other entities or groups supported by us.

3.       Purpose of collecting and processing your personal data

The collecting and processing of your personal data may include, but not limited to the following purposes: -

a)              to process your requested services;

b)             to process reward, redemption and payment transactions, delivery of notice, forms, letters, and other documents necessarily required

c)              to respond to your enquiries;

d)        communications with you and delivery of information by any communication methods including, but not limited to e-mail, telephone calls, facsimile, short message service, social media and other services;

e)             any other purposes provided for in our Services and/or products offered by us;

f)               market survey and trend analysis;

g)              prevention, hindrance, reporting of any criminal activities including but not limited to, fraud, bribery and money laundering;

h)             compliance to any legal requirements and/or to make any disclosure under the requirements of any applicable law, regulations, directions, court orders, guidelines, circulars, codes which are applicable to us

i)               for internal records and maintenance of our user database

j)               for Company’s credit risk management and credibility worthiness check of its users; and

k)              to monitor, review and improve the Company’s services.

Note: You are deemed to have subscribed to our marketing mailing list upon your registration as a Member in the App and we will send or deliver to you our marketing information and relevant updates (“Newsletter(s)”)  via push notification, SMS, electronic direct mail (e-DM) and/or direct mail (DM). If you wish to unsubscribe from our marketing mailing list, you may do so by submitting your request to ([Email]) or clicking the “unsubscribe” link in any Newsletter emailed to you.

4.       Disclosing your personal data

The Company may disclose your personal data to the following parties (including those located overseas) for the purposes stated above:

a)              agents and service providers who provide services relating to the purposes of which the personal data is collected including data processing services;

b)             any person, who is under a duty of confidentiality and who has undertaken the responsibility to keep such data confidential; and

c)              The Company's related and associated companies and affiliates.

The Company will not disclose your personal data to any unaffiliated third parties without your consents unless such personal data is required by law or in good faith and such action is necessary to comply with any law enforcement agency requirements, court orders or legal processes.

In addition, the Company does not sell, trade, or rent your personal data to others.

5.       Accessing and updating your personal data

If any Member would like to access, update or correct the provided personal data, such Member may do so by submitting his/her request via our App.

6.       Length of keeping the personal data

The Company will not keep your personal data longer than we need to and the period of time of which we keep your personal data depends on several factors, including:

a)              the reason we collect the information;

b)             the period since we have collected it;

c)              any legal/regulatory reason for us to keep it; and

d)             the need to protect you or us.

7.       Cookies

Cookies are small text files containing a unique identifier, which are stored on your computer or mobile device so that your device can be recognised when you are using a particular website or mobile app. They can be used only for the duration of your visit or they can be used to measure how you interact with services and content over time. Cookies help to provide important features and functionality in our App, and to improve your customer experience.

Cookies are coded into the App and will use a unique identifier created by your mobile device for use for advertising activities. You can turn off or reset this advertising identifier through your mobile device’s privacy settings.

8.       Your obligations

It is your obligation to supply your personal data to us in the most accurate manner. If you do not provide us with the correct and accurate personal data, we are unable to, process your personal data on your behalf, for the purposes stated in section 3 herein, or effectively render our services to you, and all relationships created or to be created between us shall then be terminated and ceased to be in effect immediately.

9.       Your rights to access and correct your personal data

a)                   Right to request access to personal data

Subject to our rights of refusal under the PDPA, you are entitled to request access to your personal data that is processed by us with reasonable notice.

b)                  Right to request correction of personal data

Subject to our rights of refusal under the Act, you are entitled to request the correction of your personal data that is inaccurate, incomplete or out-of-date with reasonable notice.

c)                  Rights to limit processing of your personal data

You are entitled to limit our processing of your personal data by expressly withdrawing in full your consent given previously including for us to send any advertising and marketing materials or for direct marketing purposes subject to any applicable legal restrictions, contractual conditions and within a reasonable time period.

10.   Changes to this Policy

The Company reserves the right to amend or update this Policy at any time to reflect changes in the law, our business practices, processes or structure. Upon the update or amendment, The Company will post notification(s) in the App. The Members acknowledge and agree that it is the Members’ responsibility to review this Policy periodically and become aware of any modifications.

TERMS AND CONDITIONS FOR MIDAS E-STORE

This Midas mobile app (the “Platform”) is owned and operated by Midas Merge Sdn Bhd (“Company”).

This Platform provides consumers a convenient way to purchase home products and office supplies. The Terms of this Agreement will apply to visitors as well as account holders. By using the platform, you acknowledge that you have read and understood the terms and conditions of this agreement and will comply by all of its provisions. We deserve the right to change the Agreement at any time and your continuous use of the platform denotes that you accept any revised terms.

1         GENERAL

1.1     You agree that the Company reserves the right to amend these terms and conditions at any time, in the Company’s sole discretion, by posting any such amendment(s) to the Company’s platform without prior and separate notice.

1.2   Your continued use of the site or any part of it after amendment to these terms and conditions is posted will be deemed as full knowledge and acceptance of the revised terms and conditions. If you do not agree to any such amendment(s), your sole recourse shall be to cease using the site.

2         REGISTRATION AND ACCOUNT SECURITY

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2.1   To register an account, you must be over eighteen (18) years of age.

2.2   Customer is required to register before placing any order through this platform. During the registration:

·              You must provide us with accurate, complete and up to date registration information;

·              You must safeguard your username and password;

·              You authorize us to assume that any person using the site with your username and password is either you or is authorized to act for you.

2.3   The Company has the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.

2.4   Members must register their personal details or business information and keep the Company informed of any changes via the Midas App.

2.5    Customer shall be liable for every order made under your login and agrees to indemnify the Company for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders through this platform using your login.

2.6   Should you find any unauthorised use of your login, you shall notify the Company immediately and effectively.

3         PRICE AND PRODUCT

3.1   The Company shall make every effort to ensure that prices, details and sizes of products on this platform are up to date. Prices are subject to change without prior notice and all orders are subject to Company's acceptance at its sole discretion and stock availability.

3.2   The Company shall make every effort to ensure products displayed on the platform are in stock. If from time to time products become out of stock, the Company reserves the right to offer alternative product/s to the Customer of similar value and range, or to refund for the unavailable product.

3.3   Prices charged for purchases on this platform may be different from those charged in our stores.

3.4   The prices charged are those applicable on the day you order.

3.5   When ordering goods by weight, Midas reserves the right to supply goods with a weight difference. However, Midas shall make every effort to ensure the weight difference is minimal and as close to Customer’s request.

3.6   All orders are subject to confirmation of final availability and the Company reserves the right to reject the order in the event that any of the products or services requested is unavailable. In the event that we are unable to fulfil any of the products or services in your order, we will notify you by phone or email.

3.7   All pictures and images of the products displayed on this site are for illustration purposes in order to help the customer to recognise the products only. The actual size, dimension and colour of the products may differ.

4         ONLINE ORDER

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4.1   Once you have selected a product that you wish to order via Midas E-Store, you will then be shown (on the platform) the charges you must pay including taxes, if applicable, and any applicable delivery charges.

4.2   Midas online purchase required no minimum spending per order.

4.3   Customer shall pay for the order in full at the time of ordering by supplying us with your payment options acceptable by us.

4.4   We shall not be obliged to supply the product to you until we have accepted your payment of the order.

4.5   Until the time when we accept your payment of the order, we reserve the right to refuse to process your order or hand the products to you.

4.6   We reserve the right to cancel your order if we found any dispute or potential fraud.

5         STOCK AVAILABILITY

5.1   The availability of the goods presented on the Platforms depends on stock in stores and the Company does not guarantee the availability of goods.

5.2   In order to ensure that goods are available to all customers, the Company has the right to limit the maximum purchase quantity of the individual product by a single Customer. For example, if the Customer makes an order of 10 bottles of chilli sauce which would use up all the stock of that store, the store may only deliver 5 bottles.

5.3   The Customer shall always be notified in advance if the goods requested cannot be delivered by reason that it has exceeded the maximum or restricted limit.

5.4   If the goods requested by the Customer are unavailable due to factors beyond the Company’s control, the Company shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item, or to refund for the unavailable product.

5.5   On delivery the substituted goods will be separated from the other products requested by the Customer and the customer shall be entitled to refuse to accept the substituted goods either in full or partially.

5.6   The amount for the goods that are not accepted shall not be charged to the Customer’s payment card, if the Customer has provided payment card details in advance in order to pay online.

5.7   Delivery charges will be imposed for cancellation/refund request agreed by both parties, the Company and the Customer.

6         CANCELLATION

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6.1   The Company may cancel an order if the product is not available for any reason. We will notify you if this is the case and refund any payment that you have made. Refund will be credited into Customer's credit card or bank account depending on the period of time your financial institution required to arrange for the refund.

6.2   You are not allowed to cancel the order once a Confirmation of Order is issued. If you wish to seek further information or assistance, kindly contact our customer service hotline 012-771 2318

7         RETURN / REFUND

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7.1   No refunds will be given upon confirmation of order/payment.

7.2   No return will be given upon confirmation of order/payment.

7.3   Exchange of the product can be arranged for the following reasons:

·                  If the product is expired / damaged upon collection at the store/at time of delivery.

·                  If the product is expired/damaged inside packaging after collection/delivery; and you contact customer service within 24hours.

7.4   For home delivery, you shall examine the goods immediately upon collection for any deficiencies and/or damages. Claims (if any) must be lodged to our customer service hotline 012-771 2318 at the time of collection/ delivery; otherwise we shall have the discretion to reject the exchange of product.

7.5   For self collection from Midas store, you shall examine the goods immediately upon collection for any deficient and/or damages. No exchange of product is allowed upon collection from the store.

7.6   We will inspect the returned product upon return by you. If one or more of the conditions in 7.3 is fulfilled, you are entitled to choose between an exchange of the product if the product is available in our stock.

8         PAYMENT TERMS

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8.1   Payment for all orders shall be made in Ringgit Malaysia (RM). We accept payment for orders by MasterCard, Visa, or any payment operators authorised by Bank Negara.

8.2   Midas shall not be liable for any credit card fraud. Please note that we do not receive cash on delivery.

8.3   All product prices listed are in Ringgit Malaysia (RM).

8.4   Full payment in respect of an order must be made upon the placing of the order. If your payment cannot be processed, the order will be not be accepted and you are advised to contact your card issuer or bank to resolve any problem concerning the use of your credit card or bank account in order to continue with the order.

8.5   We reserve the right to change the payment terms for any order without prior notice.

8.6   If payment for any order has already been made but the order is not accepted by us or certain items unable to be fulfilled due to stock unavailability, you will be entitled to a refund, depending on the period of time your financial institution needs to arrange the refund. We shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in your financial institution processing the said refund.

9         GOODS COLLECTION AT MIDAS PANDAN OUTLET

9.1   The customer can collect the paid order at Midas Pandan outlet either at 12.00pm or 5.00pm daily, subject to the following condition:

        a) Pick up on the same day at 12.00pm or 5.00pm: for order confirmed (complete payment) before 10.00am

         b) Pick up on the following day: for order confirmed (complete payment) after 10.00am 

9.2   The point of collection is only applicable to Midas Mart Pandan.

9.3   If you are not personally available to collect at store, an authorized representative may collect on your behalf provided you had called customer service to update the representative information and the representative must be over 21 years of age. You or your representative may be required to produce proof of identity via tele-conversation on collection of products and you or your representative shall acknowledge receipt of the delivery.

9.4   Order will be cancelled if you do not collect the product within 3 hours from the time of confirmation of order is issued via Midas mobile app. Refund will be granted in such event at the discretion of Midas, and subject to deduction of administration costs.

9.5   We will not entertain any request for change of store for collection after order confirmation is issued.

9.6   We reserve the right to withhold delivery of the products to you if we have any doubts whatsoever as to your credit worthiness or insufficient identification.

9.7   No delivery charges apply for orders collected in selected store. However, we reserve the right to charge RM20.00 administration charges / delivery charges for any other special redelivery arrangement or return request.

10     HOME DELIVERY

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10.1 We shall deliver the products to the delivery address specified based on the time stated in 10.4.

10.2 Delivery times will be agreed with the Customer by our Customer Service after placing the order.

10.3 Whilst we make every effort to deliver all Customer goods in the agreed time, the Company will not be liable if it fails to do so in part or in full due to circumstances beyond its control.

10.4 Your order will be delivered to you via our delivery team or the service of a courier service company appointed by Midas based on the following schedule,

        a) Delivery Date and Time: Monday to Saturday, 10.00am to 6.00pm (no delivery on Sunday or public holiday)

        b) For order confirmed (complete payment) before 12.00pm: delivery will be arranged on the same day.

        c)  For order confirmed (complete payment) after 12.00pm: delivery will be arranged on the next day.

10.5  Our delivery team will deliver Customer’s order to the main entrance of the delivery address. At Customer’s request, our delivery team may carry Customer’s order into the delivery address, for example, to a particular floor in an apartment block or into the kitchen but only if : a) the driver has the Customer’s permission, b) the driver believes that it is safe and practical to do as Customer requests, c) there is no obstacle preventing entrance, for example a locked main door.

10.6 The Company reserves the right to deliver only to the main entrance of the delivery address.

10.7 If there is nobody qualified to receive the goods at the agreed time and place specified by the Customer, we will leave notification of attempted delivery and Customer will need to contact customer services to re-arrange delivery.

10.8 If Customer requests for redelivery, the Company is entitled to charge an additional re-delivery fee of RM20.00 for providing the service.

10.9 If there are any changes in the delivery address/contact details made between submission of order and delivery date, customers are to contact our customer service, 012-771 2318 at least an hour prior to delivery.

10.10 No amendment to an order is allowed once order is processed.

10.11 To add items, kindly create a second order prior to delivery and inform us via hotline. All amendments if agreed to surcharge or cancellation of deliveries must be confirmed via a reply through email/ hotline/WhatsApp.

11      DELIVERY CHARGES

11.1 Delivery Charges will be calculated based on the delivery area stated below:

        a) Delivery Radius: within 20km from Midas Outlet

        b) Delivery Charges: RM6.00 for the first 10km (+ RM1.00 for each and every 1km thereafter)

12      CUSTOMER SERVICES

12.1 Should you have any enquiry on Midas e-store, kindly contact  our customer service at 012-771 2318 or email us at enquiries@midas.com.my

This Midas e-store App is operated by Midas Merge Sdn Bhd  (200201006727)(574390-H), Lot No G11, S'MART Building, PTD154409, Batu 7 1/2, Jalan Kota Tinggi, 81100 Johor Bahru, Johor.