Terms of Use | native.cards

Summary

This summary is provided for convenience only. It does not form part of these Terms and does not affect their interpretation.

native.cards is technology that businesses use to run memberships and to issue cards you can keep in Apple Wallet or Google Wallet.
When you join a business's Program, your membership is with that business. It sets the rules, gives the rewards and answers for them. We do not.
Points, stamps and rewards have no cash value and cannot be sold or transferred.
Your digital card depends on Apple Wallet or Google Wallet, which can change or withdraw their services. Your membership itself does not depend on them.
You can stop offers from a business, close a membership, or ask us to close your account at any time.
Nothing in these Terms takes away rights that the law gives you as a consumer.

Part A — About these Terms

1. Who we are and when these Terms apply

1.1 The native.cards platform is operated by Platehaus Sdn. Bhd. (Registration No. 1646457-T), a company incorporated in Malaysia, of CT-06-21 Subang Square Corporate Tower, Jalan SS15/4G, SS15, 47500 Subang Jaya, Selangor Darul Ehsan, Malaysia ("Platehaus", "we", "us" or "our").

"native.cards" is the name of the platform, and a brand and trade mark under which Platehaus provides it. native.cards is not a separate company or legal entity. Wherever the Platform, a Wallet Card, an email, a notice or any other communication refers to "native.cards", or states that native.cards does or will do anything, it refers to Platehaus, which is the party to these Terms and the person responsible for the Platform.

1.2 These Terms of Use ("Terms") are a legally binding agreement between you and Platehaus. They govern your access to and use of the Platform, in whatever capacity, including as a visitor, as the holder of a native.cards account, as a Member of a Merchant's Program, as the holder of a Wallet Card, or as an individual acting for a Merchant.

1.3 You accept these Terms, and agree to be bound by them, when you first do any of the following: (a) tick a box or click a button indicating acceptance; (b) create or sign in to a native.cards account; (c) join, apply to join or accept an invitation to a Program; (d) save, open or present a Wallet Card; or (e) otherwise access or use the Platform. If you do not agree to these Terms, you must not use the Platform.

1.4 The following also apply to you and should be read with these Terms:

(a) our Privacy Notice, which explains how personal data is processed;

(b) our Cookie and Browser Storage Notice;

(c) the Program Terms and privacy notice of each Merchant whose Program you join, which are shown to you when you join (see clause 5); and

(d) if you act for a Merchant, the Merchant Agreement and the Acceptable Use and Content Policy. As between the Merchant and Platehaus, the Merchant Agreement prevails over these Terms.

1.5 The documents referred to in clause 1.4(a), (b) and (d) are published at https://native.cards/legal (the "Legal Centre").

2. Definitions and interpretation

2.1 In these Terms:

"Account" means your native.cards account, by which you sign in to the Platform.

"Applicable Law" means all laws and regulations of Malaysia, and of any other place, that apply to you, to us or to the matter in question.

"Closing", in relation to a membership, has the meaning in clause 12.1, and, in relation to your Account, the meaning in clause 12.3. Removing a Wallet Card from a wallet, signing out, and switching off notifications or offers are not closing.

"Family Account" means the feature by which the holders of native.cards accounts may link themselves into a group in order to collect and use Program Benefits together, where a Merchant allows it.

"Member" means an individual who has joined, applied to join or been invited to a Program, or who holds a Wallet Card.

"Merchant" means a business or organisation that operates a Program through the Platform. The Platform refers to a Merchant as a "business".

"Platform" means the native.cards websites, the pages of Merchants served under the native.cards domain, the member pages, dashboards, counter tools and related services that we operate.

"Program" means a membership, loyalty, rewards, offers, referral, identification, ticketing, event, transit, boarding, insurance, policy or other card program that a Merchant operates through the Platform.

"Program Benefit" means any point, stamp, visit credit, balance, reward, benefit, offer, discount, voucher, ticket, admission, entitlement or other thing of value that a Merchant makes available under its Program.

"Program Terms" means the terms and conditions that a Merchant publishes for its Program.

"Wallet Card" means a digital card, pass, ticket or identification created through the Platform, whether saved to Apple Wallet or Google Wallet or shown on a page of the Platform.

"Wallet Provider" means Apple or Google, as provider of Apple Wallet or Google Wallet, and their affiliates.

2.2 Headings are for convenience only. "Including" and similar words do not limit what precedes them. A reference to a law is to that law as amended from time to time. Words in the singular include the plural and vice versa.

Part B — How native.cards works

3. Our role and the Merchant's role

3.1 We provide technology. The Platform enables Merchants to create Programs, to issue Wallet Cards, to record Program Benefits and to communicate with their Members, and enables you to join Programs, to keep your Wallet Cards and to see your memberships.

3.2 The Program is the Merchant's. Each Program is created, owned, operated and funded by the Merchant that offers it. The Merchant alone decides who may join, what Program Benefits are offered, how they are earned, used, changed, withheld, expired or withdrawn, and whether and when its Program ends.

3.3 Your membership is a relationship with the Merchant. When you join a Program, you enter into an agreement with the Merchant on its Program Terms. Platehaus is not a party to that agreement. We do not supply, and are not responsible for, any Program Benefit, or any goods or services of a Merchant.

3.4 We are not the Merchant's agent towards you. Save for delivering Wallet Cards and messages on the Merchant's instructions, we do not act for the Merchant and have no authority to make any promise on its behalf. We do not endorse, guarantee or vouch for any Merchant, Program or Program Benefit, and the fact that a Merchant or its content has been approved for use on the Platform is not a recommendation or warranty by us.

3.5 No payments. We do not take payment from you, hold money for you, or process payments between you and a Merchant. Any purchase you make from a Merchant is a transaction between you and the Merchant alone.

3.6 No charge to you. We do not charge you for holding an Account, for joining a Program through the Platform, or for saving or presenting a Wallet Card. Your mobile network operator may charge you for data.

4. Your Account

4.1 Age. You must be at least eighteen (18) years of age to create an Account. If you are under eighteen (18), you may join a Program or hold a Wallet Card only with the consent, and under the supervision, of your parent or guardian, who accepts these Terms on your behalf and is responsible for your use of the Platform.

4.2 Signing in. You sign in with a one-time code that we send to your email address, or, where offered, with your Google or Apple account, or with WhatsApp using a telephone number that you have verified on your Account (clause 4.7). You may also start an Account with WhatsApp alone, in which case WhatsApp is the only way to sign in to it until you add an email address (clause 4.8). You are responsible for maintaining the security of your email account, your WhatsApp account, your devices and any sign-in method you use. Anyone who controls your email account, or the WhatsApp account of your verified telephone number, may be able to sign in to your Account.

4.3 One sign-in across addresses. Your Account works at native.cards and at the web address of every Merchant. When you sign in at one of them, the Platform carries your sign-in to the others by a short-lived code exchanged directly between native.cards and that address, so you need not sign in again; each address keeps its own sign-in cookie. Being signed in at a Merchant's web address does not join you to any Program and does not give that Merchant your details. An Account protected by two-step verification is not carried and must be signed in at each address. Signing out at any address signs you out at all of them.

4.4 Accurate information. You must give information that is true, accurate, current and complete, and keep it up to date. You must not use another person's identity, email address or telephone number, or create an Account for any person other than yourself.

4.5 Your responsibility. You are responsible for all activity that takes place through your Account, save to the extent that it results from our own failure to take reasonable care. Tell us at once, at admin@native.cards, if you believe that your Account has been used without your permission.

4.6 One person. An Account is personal to you. You must not sell, transfer, share or allow another person to use it.

4.7 Verified telephone number. You may verify one telephone number on your Account by sending us a message from WhatsApp and then tapping the confirm button in our reply. To sign in with WhatsApp, you send us the message that the sign-in page gives you. A browser that has signed in to your Account before is signed in when your message arrives. On a phone that has not, you finish by opening the link in our reply; on a computer that has not, by tapping the button in our reply that names the computer's browser and its approximate location. Our reply names the device it signs in and includes a link that signs your Account out on every device if the sign-in was not yours. You must never send a sign-in message at another person's request. A telephone number can be verified on one Account only, and you must verify only a number that you use yourself. A verified number shows only that you could send and receive messages on that WhatsApp account at the time. It is not proof of your identity, of who owns or pays for the number, or of anything else about you. Where your Account has an email address, we may ask you to sign in another way before WhatsApp sign-in works again, for example after a long period without using it or where WhatsApp reports a change to the account behind the number. If your number is confirmed from a different WhatsApp account from the one that verified it (or, where your Account has no email address, after a long period without a WhatsApp sign-in when the two cannot be compared), we treat the number as having passed to someone else; if that person takes it to an Account, it is removed from yours and from every Merchant with which you shared it. To change or remove the number, you must first confirm that it is you with an emailed code, Google or Apple or, where your Account has no email address, as clause 4.8 provides; removing it also takes it back from every Merchant with which you shared it. WhatsApp sign-in is not available to an Account that holds a role in a Merchant's team or in the operation of the Platform, or that is protected by two-step verification. It depends on WhatsApp, which Meta may change or withdraw; signing in with an emailed code remains available to an Account that has an email address.

4.8 Account started with WhatsApp. If you start your Account with WhatsApp, the telephone number you verify is your Account's sign-in, and your Account has no email address until you add one in your Account settings. While it has none:

(a) you may join Programs, but neither we nor any Merchant can email you, and a Merchant receives no contact details from your Account: it holds your telephone number only if you give it on its form or at its counter, or share your verified number with it (clause 5.6);

(b) you cannot remove the number, and to change it or to add an email address you must first confirm in WhatsApp, from the number on your Account, that it is you; and

(c) if you lose the use of the number or of its WhatsApp account, or the number passes to someone else under clause 4.7, you may be unable to sign in to your Account, and we may be unable to restore your access to it.

We recommend that you add an email address as a second way to sign in.

5. Joining a Program

5.1 Program Terms and the Merchant's privacy notice. Before you join a Program, you will be shown the Merchant's Program Terms and privacy notice and asked to accept them. Read them carefully. They, and not these Terms, set out your rights against the Merchant. A record is kept of the version you accepted.

5.2 Acceptance by the Merchant. A Merchant may accept or decline your request to join, may require its approval before your membership begins, and may suspend or end your membership in accordance with its Program Terms. We are not responsible for those decisions.

5.3 Member number and identification at the counter. A Merchant may identify you at its counter by your Wallet Card, by the member number generated for you at that Merchant, or by a telephone number that you give for that purpose. A member number or telephone number is a means of finding your membership only; it is not proof of your identity, and the Merchant may ask you to confirm who you are. This applies equally to a telephone number verified with WhatsApp that you have shared with the Merchant.

5.4 Your details. The Merchant, as data controller, is responsible for how it uses the details you give when you join. See our Privacy Notice and the Merchant's privacy notice.

5.5 Changes to a Program. A Merchant may change its Program Terms or its Program Benefits. Where the Platform presents a new version of the Program Terms to you, your continued participation is subject to that version.

5.6 Verified telephone number at a Merchant. Some Merchants may ask you to share a telephone number verified with WhatsApp when you join their Program, or may require it; only those Merchants can receive one. The Merchant receives the number only when you share it, at joining or later from your Account. Where the Merchant requires a verified number, you cannot join without one and one telephone number can hold only one membership of that Program, and the Merchant may give referral rewards and a welcome bonus only to members who have shared a verified number. You may stop sharing your number with a Merchant at any time in your Account settings, and the Merchant then no longer holds it. If the number is later changed in the Merchant's records by anyone other than you, it is no longer shown as verified.

6. Wallet Cards

6.1 Saving a Wallet Card. You may save a Wallet Card to Apple Wallet or Google Wallet if you use a compatible device. Your use of the wallet is governed by the Wallet Provider's own terms and privacy policy, to which we are not a party.

6.2 Who issues your Wallet Card. A Wallet Card is issued for the Merchant through native.cards, ordinarily by Platehaus under its own accounts with Apple and Google, and in some cases under the Merchant's own accounts with them. Either way, the card relates to the Merchant's Program, and the Merchant, whose contact details appear on the card, is the person to whom your questions, complaints and claims about the Program should go. Apple and Google are not parties to these Terms, do not sponsor or endorse any Merchant or Program, and give you no warranty or support in respect of a Wallet Card. If Apple or Google restricts, suspends or withdraws a Wallet Card, the accounts under which it was issued, or its wallet service, the card may stop updating or working. Your membership record is not affected, and you can continue to view and present your card from your member page for as long as the Merchant's Program continues on the Platform.

6.3 The record prevails. The record of your membership held on the Platform for the Merchant is the authoritative record of your status, balance and entitlements. A Wallet Card, a notification, a screenshot or a printed copy shows that record as at a point in time and may not be current. If there is a difference, the record on the Platform prevails.

6.4 What a Wallet Card is not. A Wallet Card:

(a) is not money, electronic money, a payment card, a stored-value card or a means of payment;

(b) is not an identity document issued or recognised by any government, even where it bears your name or photograph; and

6.5 Personal to you. A Wallet Card is issued for your use only. You must not sell, transfer, lend, copy, publish or share it, or the code it displays, save as its Program Terms expressly permit (for example, where a ticket may be passed to another person). Anyone who has the code on your Wallet Card may be able to use it. You are responsible for keeping it safe.

6.6 Updates and notifications. A Wallet Card is updated over the internet and may display notifications on your device. Whether and when an update or notification reaches your device depends on the Wallet Provider, your device, its settings and its connection, which are outside our control. You can switch off notifications or automatic updates for a card in your wallet at any time.

6.7 Removing a Wallet Card. You may remove a Wallet Card from your wallet at any time. Removing a card does not close your membership or erase your record. To close a membership, follow clause 12.

6.8 Expiry and revocation. A Wallet Card may be suspended, expired, replaced or revoked by the Merchant, or by us where clause 17 applies or where the Merchant ceases to use the Platform. A card that has been revoked or has expired may remain visible on your device but will not be honoured.

6.9 Lost or changed device. If you lose or change your device, sign in to the Platform to obtain your Wallet Card again. Your membership record is not held on your device.

Part C — Program features

7. Points, stamps, rewards and other Program Benefits

7.1 Issued by the Merchant. All Program Benefits are issued by the Merchant under its Program Terms, and only the Merchant is obliged to honour them. We record them on the Merchant's instructions and are not liable to you for them.

7.2 No cash value. Unless the Merchant's Program Terms expressly say otherwise, Program Benefits:

(a) have no cash or monetary value, and cannot be redeemed, refunded or exchanged for cash;

(b) cannot be purchased, sold, traded, bartered, assigned or transferred, whether to another person or to another Program;

(d) may be used only with the Merchant that issued them.

7.3 Earning and using. Program Benefits are earned and used as the Merchant's Program Terms provide and as recorded on the Platform. An entry may take time to appear.

7.4 Corrections. The Merchant may correct, reverse or void an entry that was made in error, that relates to a purchase that has been refunded or cancelled, or that was obtained by fraud, misuse or breach of the Program Terms. A correction is shown in your history.

7.5 Expiry and changes. Program Benefits may be subject to conditions, limits, availability and expiry as stated in the Program Terms or in the terms of the particular reward. When you claim a reward, the terms that apply to it are those shown at the time you claim it.

7.6 If a Merchant leaves the Platform or ends its Program. If a Merchant ends its Program, ceases to trade, or ceases to use the Platform, or if its access is suspended or terminated, your Wallet Card for that Program may stop working and unused Program Benefits may no longer be capable of being used through the Platform. Any claim in respect of them is against the Merchant. We have no obligation to honour, replace or compensate you for them.

7.7 Disputes about Program Benefits. If you believe that your balance or history is wrong, or that a Program Benefit has been wrongly refused, contact the Merchant. We may assist by providing the Merchant with records, but we do not decide such disputes.

8. Family Accounts

8.1 What it is. A Family Account links the Accounts of people who choose to collect and use Program Benefits together. It belongs to the people in it and not to any Merchant. It takes effect in a Program only where the Merchant has enabled sharing, and only for the Program Benefits that the Merchant allows to be shared.

8.2 What you agree to by creating or joining one. By creating or joining a Family Account, you agree that:

(a) eligible Program Benefits that you hold now, and those you earn later, may be used by every active member of the Family Account, including people who join it after you, save that a welcome bonus you receive when you join through a referral is not shared and can be used only by you;

(b) each member keeps his or her own Account, memberships, balance and history; there is no single pooled balance, and when a shared reward is claimed the Platform draws first on the claimant's own eligible balance and then proportionately on the eligible balances of the other members;

(c) the other members of the Family Account can see your name and the group's shared Program Benefits and shared activity;

(d) a Merchant can see which of its Members are linked in a Family Account; and

(e) joining a Family Account does not enrol you in any Program, and does not constitute agreement to receive marketing from any Merchant.

8.3 Only invite people you know. You may invite a person to your Family Account only if you know that person and have his or her permission to do so. You are responsible for the people you invite. You may invite a person by email address or by telephone number. Nothing is sent to a telephone number: the invitation appears in the Account on which that number is verified, when its holder signs in. An invitation link is valid for a limited time and may be used by anyone who has it; share it with care.

8.4 Leaving or being removed. You may leave a Family Account at any time, and the person who manages it may remove a member. Leaving or removal stops new sharing through that Family Account. It does not undo a reward that was claimed before you left, and Program Benefits already drawn from your balance for such a reward are not returned.

8.5 Between members. A Family Account is an arrangement among its members. We are not responsible for how members use shared Program Benefits, and we do not resolve disputes between members.

9. Referrals

9.1 How referrals work. A Merchant may allow you to invite other people to join its Program and may reward you when they do, on the terms shown to you when you obtain your invitation link. Any referral reward is issued by the Merchant from its own Program; it is not taken from the person you invite.

9.2 Fair use. You must use your invitation link only to invite real people whom you know, and who would reasonably welcome the invitation. You must not:

(a) invite yourself, or create or use more than one Account or email address in order to obtain a referral reward;

(b) send invitations in bulk, post your link on coupon, deal or similar sites, or send any message that is unsolicited, misleading or unlawful;

(c) pay, or offer anything of value to, a person to join through your link, or advertise your link using paid advertising;

(d) state or imply that you represent the Merchant or native.cards; or

(e) conceal that you may receive a reward.

9.3 Review, withholding and reversal. Referrals are monitored for misuse. A Merchant, or we on its behalf, may withhold, reverse or cancel any referral reward, and may disable your invitation link, where there are reasonable grounds to believe that this clause 9 has been breached. A referral reward derived from a purchase that is later refunded or cancelled may be reversed.

9.4 Changes. A Merchant may change or end its referral arrangement at any time. Rewards already validly earned are not affected, but no further reward will accrue.

10. Identification, tickets, passes and policy cards

10.1 Issued by the Merchant. Where a Merchant issues you an identification, ticket, travel pass, boarding pass, policy card or similar Wallet Card, the Merchant decides who qualifies for it, supplies and is responsible for the details on it, and may change, suspend, replace or cancel it. We do not verify your identity or those details.

10.2 Identification. An identification issued through the Platform shows that the issuing Merchant has recorded you as holding the stated status with it. It is not a government-issued identity document and must not be presented as one. Details that the Merchant has marked as public can be seen by anyone who scans the code on your identification or opens its link, and each viewing is recorded for the Merchant's security. You can see on the Platform what others are shown.

10.3 Tickets and passes. A ticket or pass entitles you to admission or travel only as the issuing Merchant provides. Admission and boarding codes are generally valid for a single use; if a copy of your code is used by another person before you, you may be refused. The Merchant, and not Platehaus, is responsible for the event, venue, journey or service, and for any cancellation, change, refund or compensation.

10.4 Policy cards. A policy card is a convenient summary supplied by the insurer or other issuer. It is not the policy, a certificate of insurance or evidence of cover. Your rights are determined by the policy documents, and any claim must be made to the insurer.

10.5 Details you complete. Where the Merchant asks you to complete details or to confirm statements for a card, you must do so truthfully.

11. Communications

11.1 Service messages. We, and Merchants through the Platform, will send you messages that are necessary to operate your Account, membership or card, such as sign-in codes, replies to a WhatsApp message that you send us to sign in or to verify your telephone number, confirmations, changes to your balance, a reward that is ready, a reminder you asked for, changes to a ticket, and notices required by law. You cannot opt out of necessary service messages while you hold the Account, membership or card to which they relate, though you may switch off notifications on a card in your wallet. If your Account has no email address, we do not email you; where you have saved a Wallet Card, notice that a Merchant is ending its Program, that a reward is ready or that a reward is about to end is shown on that Wallet Card instead, within the limits on notifications, and other service messages that would be emailed are not sent.

11.2 Offers and news from a Merchant. A Merchant may send you offers and news only if you have agreed to receive them from that Merchant. You may withdraw your agreement at any time on your membership page, through the unsubscribe link in any marketing email, or in your wallet's settings for the card.

11.3 Emails from native.cards. You may choose which optional categories of email you receive from us in your Account settings.

11.4 Electronic communication. You agree that we may communicate with you electronically, by email, through the Platform, through your Wallet Card and, where you have messaged us on WhatsApp, by reply on WhatsApp, and that such communications satisfy any legal requirement that a communication be in writing.

12. Closing a membership or your Account

12.1 Closing a membership. You may close your membership of any Program at any time on your membership page. When you do: your Wallet Card and member code for that Program stop working; your balance with that Merchant closes and can no longer be earned or used; unused rewards that can be cancelled are cancelled; and offers from that Merchant stop. Closing one membership does not affect your Account or your memberships with other Merchants.

12.2 Rejoining. If you join the same Merchant's Program again before your closed record has been deleted, your earlier membership will be reopened, with its balance, subject to the Merchant's Program Terms. After deletion, a new membership begins.

12.3 Closing your Account. You may close your Account at any time on your Account page, or by writing to admin@native.cards from the email address of the Account or, if your Account has no email address, giving the telephone number you sign in with, in which case we will take reasonable steps to confirm that the request comes from you. Closing your Account closes all of your memberships, erases your details from each Merchant's records at once (so that a membership cannot afterwards be reopened under clause 12.2), removes your email address, your name and any verified telephone number from the Account (so that the number can be used to start a new Account) and signs you out. It cannot be undone. If you help to run a Merchant's account, that role must end first. We retain information as described in our Privacy Notice.

12.4 Other ways a membership or card may end. Apart from your own closing of it, a membership or a Wallet Card may come to an end where: (a) the Merchant suspends or ends your membership under its Program Terms; (b) the Merchant closes its Program, or its use of the Platform ends or is suspended; (c) we act under clause 17; (d) a Wallet Provider restricts or withdraws a Wallet Card or its service (clause 6.2); or (e) we cease to operate the Platform (clause 17.4). In each of those cases clause 7.6 applies to any unused Program Benefits.

12.5 No reinstatement of Program Benefits. Save as provided in clause 12.2, Program Benefits that are closed, cancelled or forfeited on closure are not reinstated.

Part D — Rules of use

13. What you must not do

13.1 You must not, and must not attempt to, or permit or assist any other person to:

(a) use the Platform for any purpose that is unlawful, fraudulent, deceptive or harmful;

(b) obtain any Program Benefit by fraud, misrepresentation, collusion with any person (including a Merchant's staff), manipulation of the Platform or breach of Program Terms;

(c) create, alter, forge, copy, duplicate or counterfeit a Wallet Card or its code, or present a Wallet Card that is not yours or that you know to be revoked, expired or altered;

(d) impersonate any person, or misrepresent your identity, age or affiliation;

(e) access any account, membership, card or data that is not yours, or guess, harvest or test member numbers, telephone numbers, codes or links;

(f) circumvent, disable, probe or interfere with any security, authentication, rate-limiting or access-control feature of the Platform;

(g) use any robot, scraper, crawler or other automated means to access, copy, extract or index the Platform or its content, save for the reading of public pages by search engines and other crawlers in accordance with our published instructions to them (our robots.txt file);

(h) copy, reproduce, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Platform, or use the Platform or its content to build, train or improve a competing product or service, or any artificial intelligence or machine-learning model, save for public pages collected in accordance with paragraph (g) and save to the extent that this restriction is prohibited by Applicable Law;

(i) introduce any virus or other malicious or harmful code, or do anything that could disable, overburden or impair the Platform;

(j) upload, submit or transmit any content that is unlawful, defamatory, obscene, indecent, sexually explicit, menacing, harassing or hateful; that concerns or promotes alcohol, tobacco, drugs or gambling; that is religious in nature, or touches on race, religion or royalty; that is otherwise Prohibited Content under the Acceptable Use and Content Policy; or that infringes the rights (including intellectual property and privacy rights) of any person;

(k) use the Platform to send unsolicited or unauthorised communications; or

(l) remove, obscure or alter any notice of copyright, trade mark or other proprietary right.

13.2 If you act for a Merchant. If you use the Platform as the owner, administrator, team member or counter staff of a Merchant, you further agree that:

(a) you act on behalf of that Merchant, with its authority, and in accordance with the Merchant Agreement and the Acceptable Use and Content Policy;

(b) your sign-in details and your personal counter PIN are yours alone, and you must not share them or use those of another person;

(c) you will access and use Members' personal data only as needed to perform your duties for that Merchant, will keep it confidential, and will not copy, export, photograph or disclose it for any other purpose;

(d) you will record only genuine transactions and events, and will not award, redeem, adjust or reverse any Program Benefit for your own benefit or that of any other person otherwise than in accordance with the Merchant's Program Terms and instructions; and

(e) the Merchant controls your access and may remove it at any time, and we may act on the Merchant's instructions in that regard.

14. Content you give us

14.1 If you submit any content to the Platform (for example a report about a card, a request for correction, or the name of a Family Account), you confirm that it is accurate and lawful and that you are entitled to submit it, and you grant us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce and display it for the purpose of operating the Platform and of passing it to the Merchant concerned.

14.2 If you send us ideas, suggestions or feedback about the Platform, we may use them freely and without obligation to you.

15. Intellectual property

15.1 The Platform, and all software, designs, text, graphics, illustrations, card and page templates, logos, trade marks (including "native.cards"), educational content and other materials in it, other than content supplied by Merchants and users, are owned by Platehaus or its licensors and are protected by copyright, trade mark and other laws. All rights are reserved.

15.2 Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Platform for its intended purpose: to join and take part in Programs, to hold and present your Wallet Cards, and to manage your Account. No other right or licence is granted, whether by implication, estoppel or otherwise.

15.3 The names, logos, card designs and other content of a Merchant belong to that Merchant or its licensors.

15.4 Apple, Apple Wallet, Google and Google Wallet are trade marks of their respective owners. Their use on the Platform does not indicate that Apple or Google sponsors, endorses or is responsible for native.cards, any Merchant or any Program.

16. Third-party services

16.1 The Platform works with, and links to, services that we do not operate, including Apple Wallet, Google Wallet, sign-in with Google or Apple, WhatsApp, maps and navigation services, social media, and the websites of Merchants. Your use of them is subject to their own terms and privacy policies. We do not control them and, to the extent permitted by Applicable Law, are not responsible for their content, availability, security or conduct.

16.2 We are not responsible for any change, suspension, restriction or discontinuance by a Wallet Provider of its wallet service, or for the way in which a Wallet Provider's service or your device displays, delays or fails to display a Wallet Card or a notification.

17. Suspension and termination by us

17.1 We may suspend, restrict or terminate your access to all or part of the Platform, and may suspend or close your Account, where we reasonably believe that:

(a) you have breached these Terms in a way that is serious or repeated, or that you have failed to put right within a reasonable time after we have asked you to;

(b) it is necessary to do so in order to prevent fraud, a security incident, or harm to you, to a Merchant, to other users, to us or to any other person;

(c) we are required to do so by Applicable Law, by a court, regulator or law enforcement agency, or by a Wallet Provider; or

(d) your Account has not been used for a continuous period of thirty-six (36) months and you have not responded to a notice of our intention to close it.

17.2 Where it is lawful and practicable to do so, we will tell you what we have done and why, and will give you an opportunity to respond. You may ask us to reconsider by writing to support@native.cards.

17.3 A Merchant may separately suspend or end your membership of its Program under its Program Terms.

17.4 We may at any time cease to operate the Platform or any part of it. Where we cease to operate the Platform as a whole, we will give you not less than sixty (60) days' notice by email or through the Platform, unless a shorter period is unavoidable because of a legal requirement or an event outside our control. When the Platform ceases, your Account, memberships and Wallet Cards end, and your personal data is dealt with as our Privacy Notice provides.

17.5 On termination, the licence in clause 15.2 ends. Clauses 3, 6.3, 6.4, 7, 14, 15, 18, 19, 20, 22, 23 and 24 survive.

Part E — Our responsibility to you

18. Your statutory rights; disclaimers

18.1 Your statutory rights are preserved. Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that you have under the Consumer Protection Act 1999 or any other Applicable Law and that cannot lawfully be excluded, restricted or modified. Every provision of these Terms is to be read subject to this clause 18.1.

18.2 We will provide the Platform with reasonable care and skill.

18.3 Subject to clauses 18.1 and 18.2, and to the fullest extent permitted by Applicable Law:

(a) we do not promise that the Platform will always be available, or that it will be uninterrupted, timely or free from errors, or that any Wallet Card, update or notification will be delivered to or displayed on your device, since these depend in part on services and devices that we do not control;

(b) we make no promise as to the conduct, solvency or reliability of any Merchant, or as to the availability, quality, value, safety or lawfulness of any Program, Program Benefit, goods or services of a Merchant; and

(c) information published on the Platform by a Merchant, including offers, prices, opening hours and locations, is supplied by the Merchant. We review certain Merchant content before it is published and act on reports made under clause 21.3, but we do not verify its accuracy.

19. Limitation of our liability

19.1 Liability we do not limit. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited under Applicable Law, including under the Consumer Protection Act 1999. Nothing in these Terms prevents you from enforcing your rights by legal proceedings in the ordinary courts or tribunals, or shortens the time within which the law allows you to do so.

19.2 Things for which we are not responsible. Subject to clauses 18.1 and 19.1, we are not liable to you for any loss or damage to the extent that it arises from:

(a) any act or omission of a Merchant or its staff, including any failure to honour a Program Benefit, any change to or ending of a Program, any correction or reversal, any refusal of admission or service, and any goods or services supplied or not supplied;

(b) any act or omission of a Wallet Provider, a sign-in provider, a network operator or any other third party;

(d) your failure to keep your email account, device, Wallet Card or code secure, or your breach of these Terms;

(e) the acts of other members of your Family Account, or of any person to whom you have given your Wallet Card, code or invitation link; or

(f) any event beyond our reasonable control.

19.3 Types of loss. Subject to clauses 18.1 and 19.1, we are not liable to you for: (a) loss that was not a reasonably foreseeable consequence of our breach at the time you accepted these Terms; (b) loss of profit, business, revenue, opportunity or goodwill, or any loss arising from your use of the Platform for a business purpose; or (c) the loss of any Program Benefit, which, as provided in clause 7, has no cash value and is the responsibility of the Merchant.

19.4 Overall limit. Subject to clauses 18.1 and 19.1, our total liability to you arising out of or in connection with these Terms and the Platform, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to Ringgit Malaysia One Thousand (RM1,000). You acknowledge that this limit is reasonable having regard to the fact that we provide the Platform to you without charge.

20. Your responsibility to us

20.1 If you breach these Terms deliberately or negligently, or use the Platform fraudulently or unlawfully, you will be responsible for the loss and damage that we suffer as a direct and reasonably foreseeable result, including the reasonable costs of investigating and responding to the breach and any sum we are required to pay to a third party in consequence of it.

Part F — General

21. Complaints

21.1 About a Merchant or its Program. Please contact the Merchant, using the contact details on its page or on your Wallet Card. The Merchant is responsible for resolving your complaint.

21.2 About the Platform. Please contact us at support@native.cards. We will acknowledge your complaint and try to resolve it promptly and fairly.

21.3 About content or misuse. To report content that you believe is unlawful, infringes your rights or breaches our policies, or a Merchant that you believe is misusing the Platform, use the report page at https://native.cards/legal/report, follow the reporting procedure in the Acceptable Use and Content Policy, or write to support@native.cards.

21.4 About personal data. See section 14 of our Privacy Notice.

22. Changes

22.1 Changes to these Terms. We may amend these Terms from time to time, for example to reflect changes in the law, in the Platform, or in the requirements of a Wallet Provider. The current version, with its version number and date, is published in the Legal Centre.

22.2 Where a change is material and may adversely affect you, we will give you not less than fourteen (14) days' notice, by email or through the Platform, before it takes effect, unless the change is required sooner by law or to address a security risk. If you do not agree to a change, you may stop using the Platform and close your memberships and your Account before it takes effect. Your continued use of the Platform after a change takes effect constitutes your acceptance of it.

22.3 Changes to the Platform. We may add, change or remove features of the Platform at any time.

23. Governing law and jurisdiction

23.1 These Terms, and any dispute or claim arising out of or in connection with them or the Platform, are governed by the laws of Malaysia.

23.2 The courts of Malaysia have non-exclusive jurisdiction over any such dispute or claim. Nothing in these Terms prevents you from bringing a claim before the Tribunal for Consumer Claims Malaysia, or from exercising any other right of recourse that Applicable Law gives you as a consumer.

23.3 Before commencing proceedings, each of us will first try in good faith to resolve the dispute by discussion, and you agree to contact us at support@native.cards for that purpose.

24. General provisions

24.1 Entire agreement. These Terms, together with the documents referred to in clause 1.4, are the entire agreement between you and Platehaus concerning the Platform, and supersede any earlier understanding.

24.2 No partnership or agency. Nothing in these Terms makes you our partner, agent or employee, or us yours.

24.3 Assignment. You may not transfer your rights or obligations under these Terms. We may transfer ours to an affiliate or to a successor to our business, provided that your rights under these Terms are not reduced, and we will tell you if we do.

24.4 Severability. If any provision of these Terms, or any part of one, is held to be invalid, void or unenforceable, it will be treated as modified to the least extent necessary to make it enforceable or, if that is not possible, as removed, and the remainder will continue in effect.

24.5 No waiver. If we do not insist that you perform an obligation, or do not enforce a right, or delay in doing so, we have not waived that right and you must still perform that obligation.

24.6 Third parties. No person other than you and Platehaus has any right to enforce these Terms.

24.7 Electronic records. You agree that these Terms may be accepted electronically, and that our electronic records of your acceptance and of actions taken through your Account are admissible in evidence and, unless shown to be wrong, are proof of the matters they record.

24.8 Language. These Terms are made in the English language. If they are translated, the English version prevails to the extent of any inconsistency, save where Applicable Law requires otherwise.

24.9 Notices. We may give you notice by email to the address of your Account or through the Platform. You may give us notice by email to admin@native.cards or by post to our address in clause 1.1.

24.10 Contact.

Platehaus Sdn. Bhd. (Registration No. 1646457-T)

CT-06-21 Subang Square Corporate Tower, Jalan SS15/4G, SS15, 47500 Subang Jaya, Selangor Darul Ehsan, Malaysia

Support: support@native.cards · Telephone: +60 3 5614 0042

Legal notices, privacy and security: admin@native.cards

Questions about this document: support@native.cards. All legal documents

Summary

This summary is provided for convenience only. It does not form part of these Terms and does not affect their interpretation.

native.cards is technology that businesses use to run memberships and to issue cards you can keep in Apple Wallet or Google Wallet.
When you join a business's Program, your membership is with that business. It sets the rules, gives the rewards and answers for them. We do not.
Points, stamps and rewards have no cash value and cannot be sold or transferred.
Your digital card depends on Apple Wallet or Google Wallet, which can change or withdraw their services. Your membership itself does not depend on them.
You can stop offers from a business, close a membership, or ask us to close your account at any time.
Nothing in these Terms takes away rights that the law gives you as a consumer.