Article 1 (Purpose)

These MUJI passport terms of use (hereinafter referred to as the “Terms of Use”) shall apply to User’s (as defined below) access and use of the smartphone application, namely, MUJI passport Malaysia (hereinafter referred to as the “Application") and services provided through the Application (hereafter referred to as the “Service") owned and operated by MUJI(MALAYSIA)SDN. BHD. (hereinafter referred to as the “Company", “we”, “our” and/or “us”).

Article 2 (Definition)

• “User” means the individual who downloads, accesses and/or uses the Application and/or the Service on his/her smartphone or other devices (hereinafter collectively referred to as the “Device”), regardless of whether he/she is using the Application and/or the Service for himself/herself or on behalf of an organization or entity.
• “Mile” means the reward points given to the User by the Company under the conditions provided herein and displayed on the Application.
• “Content” includes messages, comments, any other form of text, information, visuals that a User publishes, posts, uploads, shares or stores on the Application and/or the Service.
• “Objectionable” includes being objectionable, defamatory, obscene, pornographic, antagonistic, bigotristic, provocative, racist, blasphemy, harassing, threatening, harmful, or unlawful in any way.

Article 3 (Acceptance of Terms of Use)

User shall be deemed to have accepted the Terms of Use by taking the actions as instructed by us during the installation process of the Application and/or the process of registration of account to expressly show his/her acceptance to the Terms of Use. User shall not use the Application and/or the Service without accepting the Terms of Use.

Article 4 (User Eligibility)

• A User shall be:
  1. aged 18 or above, and more living in Malaysia, who is of sound mind, and not disqualified from contracting by any law to which he is subject; and
  2. where a User uses the Application and/or the Service on behalf of an organization or entity, an authorized representative of such organization or entity.
     By accessing and using the Application and/or the Service, the User represents and warrants that he/she fulfills the qualifications above.
• In order to access and use the Application and/or the Service, an individual shall first download the Application and register for an account with us as a User.
• The Company may suspend, terminate or limit the supply of the Service to a User if the Company finds that the User falls under any of the following categories. In addition, the Company shall not be liable for any damages or disadvantages suffered by the User resulting from the inability to use:
  1. In the case where the User is under the age of 18;
  2. In the case where the User has been found out to have committed or being in the process of committing an unethical or unlawful activity, misconduct or violations by using the Application, the Service, other services provided by the Company, or via other transactions with the Company;
  3. In the case where the User is a person aged 18 or more who has unsound mind when he/she registered as a User on the Application;
  4. In the case where the User logs in the Application with his/her personal information by using the Application downloaded on other persons’ Device without permission of such other persons or a Device obtained by unauthorized means;
  5. In the case where the User falls under any of the reasons for the suspension or cancellation of the User's entitlements set forth in Article 16 hereof; or
  6. In other cases where the Company deems the User’s use of the Application and/or the Service inappropriate.

Article 5 (Management of Device and User Identity)

• The User shall be solely responsible for the management of the Device as well as the User’s ID name and password of the Application (collectively referred to as the " User Identity").
• The User shall not use a username that he/she does not have the right to use. The Company reserves the right to disallow registration of or reclaim a username at its sole and absolute discretion.
• The Company shall not take any responsibility for the damage and/or expenses incurred by the User or any third party as a result of or in connection with the illicit, fraudulent, unauthorized or inadvertent use of the Device and User Identity by any person.

Article 6 (Lending and Transferring User Identity)

The User shall be solely responsible for the security and integrity of his/her User Identity. The User shall not disclose, lend or transfer his/her User Identity to any third parties. The Company shall not be in any way responsible for any damage and/or expenses incurred by the Users or other third parties caused by the User’s breach of this Article. If any damage or expenses occurred to the Company in connection with the User’s breach of this Article, the User shall compensate the Company for the full amount of such damages and expenses.

Article 7 (Protection of User Information)

• Any information about the User provided by the User and/or obtained by the Company related to the Application and the Service (hereinafter referred to as the "User Information") will be collected, retained, used and processed by the Company in accordance with the Company’s Privacy Notice displayed in the “Help&Support” feature on the Application (hereinafter referred to as the “Privacy Notice”) and the applicable laws and regulations of Malaysia.
• The Company shall set up a mechanism to receive, facilitate and settle the User’s claims, requests or complaints related to his/her User Information. The User, in such case, agrees to cooperate with the Company, including by providing to the Company all the information and documents as may be reasonably requested by the Company.
• If the User is determined by the Company’s record system that he/she has not used the Application consecutively for twelve (12) months, the Company will be entitled to delete the User Information from its server or system to the extent permitted by law.

Article 8 (Change in User Information)

• The User is entitled to access to his/her own User Information according to the Privacy Notice. It is the User’s sole responsibility to maintain true, accurate, current and complete User Information.
• The User shall immediately notify the Company in writing if there is any change in his/her User Information. Upon the receipt of the User’s written notification, the Company shall confirm and update the User Information.
• In the case where the User Information including contact information is not supplied by the User to the Company, or the User Information is incorrect, outdated or incomplete, the Company may not be able to deliver notification or optimised user experience services to the User. In such a case, the Company shall not be liable for any disadvantage, loss or damage suffered by the User as a result of or in connection with such failure of the Company due to the User’s failure to supply true, accurate, current and complete User Information to the Company.

Article 9 (Company’s Notification)

• Notices from the Company to the User will be provided by postings on the Application or the Company’s website (https://www.MUJI.com/my/) (hereinafter referred to as the “Website”) or by other means deemed appropriate by the Company, except as otherwise provided herein.
• In case the notice referred to in the preceding paragraph is provided by posting on the Application or the Website, the notice is deemed to be received by the User when the notice is posted on the Application or the Website.

Article 10 (Miles)

• In cases where the User checks in at the Company’s stores by using the Application, or purchases the Company’s products at the stores, or in other cases as clearly displayed in the Application, the Company may grant a certain number of Miles to the User subject to the conditions set forth by the Company and displayed in the Application.
• Miles are not exchangeable for cash. However, the Company may grant a benefit to the User according to the numbers of Miles under the conditions set forth separately in the Application or the Website from time to time.
• The User cannot share, combine, give, rent, transfer, assign or otherwise commercially exploit any accumulated Miles to other Users or any third party.
• If the User has more than one (1) account with us, the User shall not be entitled to combination of the Miles from all his/her accounts.

Article 11 (Expiration of Miles)

All Miles will expire after the period which the Company set forth separately on the Application or the Website.

Article 12 (Miles Invalidated or Cancelled)

In the event where any of the following cases occurs, the Miles shall be invalidated or cancelled, in whole or in part, automatically or by the Company at its sole and absolute discretion. In such cases, the Company shall neither provide any compensation nor be responsible in any other ways for invalidated or cancelled Miles.

• In the case where any of the categories set forth in Article 4 clause 3 hereof applies;
• In the case where the Company has verified that the information supplied by the User to the Company contains any untrue, incorrect or unlawful content;
• In the case where the User earned Miles by any inappropriate or unlawful means;
• In the case where the User breaches the Terms of Use;
• In the case where the User’s account is deleted;
• In the case where the User Information is deleted in accordance with Article 7 clause 3 hereof; or
• In other cases where the Company, at its sole and absolute discretion, deems it appropriate to cancel or invalidate the Miles granted to the User.

Article 13 (Taxes and Expenses)

The User is responsible for any taxes and incidental expenses if they are incurred as a result of earning Miles according to the applicable laws or regulations of Malaysia.

Article 14 (Prohibited Acts)

• The following acts are prohibited by the Company whenever the User uses the Application and/or the Service:
  1. Acts of using the Application and/or the Service for any unlawful or profiting-making purposes;
  2. Acts that infringe or may infringe the intellectual property rights including any trademark right, copyright or patent right etc. or any other rights of the Company, our business partners or any third party;
  3. Acts that infringe or may infringe the property, privacy or portrait rights of the Company or any third party;
  4. Acts that discriminate or defame a third party or damage any reputation or credibility of any party;
  5. Acts that lead to or may lead to crimes such as fraud or threat;
  6. Acts of creating, transmitting or displaying any Objectionable Content;
  7. Acts of establishing any pyramid scheme or inducing any person to join such a scheme or promoting any pseudo multi-level marketing;
  8. Acts of altering or deleting information of the Company or any third party accessible by the Application and/or the Service;
  9. Acts of pretending a real or fictitious third party;
  10. Acts of transmitting or otherwise making available harmful computer programs, codes, virus, worm etc. that will or may undermine the security, availability or proper working of the Application and/or the security;
  11. Acts of holding or promoting any pre-election activity, election campaign or similar activity and acts that violate the laws and regulations on election;
  12. Acts of sending an e-mail for advertisement, promotion or marketing, etc. to a third party without permission, or an e-mail having or at risk of having an aversion, and acts of requesting a third party to forward a chain letter or accepting such request to forward the same;
  13. Unauthorized access to any Application or Device of any third party or the hardware, software and systems used by us to operate, provide and maintain our Application and/or Service (including but not limited to any communication system, computer system, other devices, and software prepared by the Company to provide Services) or acts that prevent or likely prevent any use or operation of the same;
  14. Acts of acquiring any information related to any third party without his/her consent or by deceptive means;
  15. Acts that violate any laws, the Terms of Use, Privacy Notice, public order and morality (prostitution, violence, cruel acts etc.), acts that intervene or undermine the operation of the Application or the Service, acts that cause damage to our reputation, or any act which is harmful to any third party or the Company; and
  16. Acts that encourage any act which falls under any of the above items (including where the prohibited act is performed by a third party).
• In the event that the User commits or attempts to commit any of the above-mentioned prohibited acts, the Company shall have the right to terminate the User’s account, reclaim usernames, limit or suspend the User’s access and/or use of the Application and/or the Service or take any other actions that the Company may deem necessary or appropriate, at its sole and absolute discretion, with or without notice to the User.
• The User shall indemnify and release the Company and our subsidiaries, affiliates, officers, employees, agents, representatives and successors from any damage or loss that the Company, other Users or any third party may suffer as a result or in connection with such prohibited acts of the User.

Article 15 (Termination of Use)

• The User may at any time terminate his/her use of the Application and the Service by deleting his/her account with us. Upon such termination, all Miles and all rights or entitlements provided to the User in relation to the Application and/or the Service shall become invalid and no longer usable by the User. However, this termination of use may be temporarily suspended or refused by the Company in case where the Application is upgraded to include online payment function while the User has not paid his/her invoices claimed through the Application.
• By terminating the use of the Application and the Service, the User shall be deemed to have waived and given up any of his/her right to claim for any entitlements, unused rewards and/or compensation whatsoever against the Company.
• The User acknowledges that even after the User deletes his/her account with us:
  1. any Content that he/she has made public may remain available and viewable on the Application and/or the Service; and
  2. it may not be possible to completely delete his/her content from the Company’s records or backups of the Application and/or the Service.

Article 16 (Suspension and Cancellation of Entitlements)

• The Company reserves the right to suspend or cancel the User’s entitlements at any time without prior notice or demand for any of the following reasons:
  1. When it is found that the User falls under any of the categories set forth in Article 4 clause 3 hereof;
  2. When the User uses the entitlement unlawfully or allowed it to be used unlawfully;
  3. When the User alters the information provided by the Company without our prior written consent;
  4. When the User uses the Application and/or the Service for unlawful purpose or allows other Users or third parties to use the Application and/or the Service unlawfully;
  5. When there is a misconduct or suspected misconduct by the User, or when it is necessary to prevent any misconduct by a third party;
  6. When any of the Terms of Use was violated;
  7. When the User was filed for attachment, provisional attachment, provisional disposition, disposition for failure to pay any debt, compulsory execution, bankruptcy, or civil rehabilitation proceedings; or
  8. in other cases where the Company deems the person inappropriate as a User.
• In case the User cannot use the Application or the Service due to the suspension or cancellation of the User’s entitlements based on the preceding clause, the Company shall not be in any way responsible for and shall have no obligation to disclose the reason for such suspension or cancellation to the User. In addition, losses, damages and expenses (if any) incurred by the Company or third parties caused by any action taken by the User as stipulated in the preceding clause shall be fully compensated by the User.
• If there are any doubts regarding the User's Miles acquisition and other use of the Application and/or the Service, temporary suspension of the User's entitlements and usage restrictions on the Application and/and the Service may be placed by the Company at its sole and absolute discretion until the suspicion is cleared.

Article 17 (Change of the Application or the Service)

The Company may change, in whole or in part, the functions, features and design of the Application, operation rules of the Application and/or the Services, or the content of the Application and/or the Service from time to time at its sole and absolute discretion without prior notice to the User. The Company shall not be in any way responsible for any disadvantage or damage suffered by the User resulting from such changes.

Article 18 (Temporary Suspension, Cancellation or Termination of the Application or the Service)

• The Company may temporarily suspend or terminate the operation of the Application and/or the Service or part or all of the Website without prior notice to the User for any of the following reasons:
  1. When performing maintenance, inspection, repair, change or upgrade of the feature or system of the Application and/or the Service regularly or urgently;
  2. When it is not possible or would be unreasonably burdensome to provide the Application and/or the Service due to a force majeure event such as fire, blackout, natural disaster such as earthquake, eruption, flood, or tsunami or war, disturbance, riot, conflict or change of laws, labor dispute, lockout, government restraint etc.;
  3. When the Application and/or the Service cannot be operated due to failure, breakdown, destruction or sabotage of the system of the Application and/or the Service (including falsification of data and source code) or the network failure etc.; or
  4. Other cases where it is determined by the Company that the Company requires temporary suspension, cancellation or termination of the Application and/or the Service.
• The Company may terminate all or a part of the functions of Application and/or the Service at its sole and absolute discretion.
• The Company shall not be in any way responsible for any disadvantage or damage suffered by the User or other third parties resulting from the interruption, suspension, cancellation or termination of the Application or the Service under this Article.

Article 19 (Disclaimer)

• The Company shall not be liable for any loss or damage suffered by the User arising out of the access and/or use of the Application and/or the Service, and the Company shall have no obligation to compensate for such damage. The Application and the Service are offered and provided to the User on an “as-is” and “as available” basis without any express or implied warranty of any kind from the Company.
• The Application may contain links or connections to third party websites, plug-ins or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, accuracy, security, privacy policies, or practices of or opinions expressed in any third-party websites. The User’s access and use of third-party websites, plug-ins or services is at his/her own risk. The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred as a result of or in connection with his/her use of any third-party website, plug-in or service.
• If a User causes damages to another User or a third party by or when using the Application and/or the Services, the Company may make a claim against such User for appropriate indemnification of such damages. The Company shall not be liable for any damages to any person resulting from the exercise of any of the Company’s rights expressly provided under these Terms of Use.

Article 20 (Intellectual Property)

The Application (including but not limited to its text, features, pictures, videos, design, look, feel and content, save for the Content contributed by the Users), is solely and absolutely owned by the Company. These Terms of Use do not grant any User any right, title or interest in or to the Application, trademarks, logos and other relevant intellectual property of the Company.

Article 21 (Monitoring of Unauthorized Use)

The Company has the right to monitor usages and accesses by the User to prevent any unlawful or unauthorized use of the Application or the Service. The Company will not monitor the usage and access of the User for any purpose other than the one stated in this Article.

Article 22 (Terms of Use and Changes)

• The individual rules prescribed by the Company on the Application or displayed in other ways by the Company and the additional regulations notified by the Company from time to time shall constitute a part of the Terms of Use. If the provisions of the Terms of Use differ from the provisions of such individual regulation and additional regulation of the Company, the provisions of the individual regulations and the additional regulations shall take precedence to the extent of such difference.
• The Company reserves the right to revise and change the Terms of Use from time to time at the sole and absolute discretion of the Company. In that case, the Company shall notify the User in writing about revised Terms of Use, and the Service provided via the Application will depend on the revised Terms of Use. Notwithstanding the Company’s notification of the revised Terms of Use, it is the User’s responsibility to check these Terms of Use periodically for any changes and updates. The User may determine when the Company last changed and revised these Terms of Use by referring to the “LAST UPDATED” statement below. The revised Terms of Use will take effect from the date specified in the “LAST UPDATED” statement below.
• By continuing using the Application and/or the Service after the revisions or changes stipulated in the preceding paragraph, the User is deemed to have agreed to the revised or changed Terms of Use. If the User disagrees with the revised or changed Terms of Use, the User should discontinue his/her access and/or use of the Application and/or the Service.

Article 23 (Governing Law)

• The Terms of Use shall be governed, enforced and interpreted in accordance with the laws and regulations of Malaysia.
• All disputes, controversies and claims arising out of or relating to the Terms of Use shall be governed by Malaysian law.

Article 24 (Dispute Resolution)

Any dispute, controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be finally settled by the exclusive jurisdiction of the courts of Malaysia.

Article 25 (Language)

These Terms of Use is available in English. If a translation hereof is made and in case of any discrepancy between the two languages, the English version shall prevail to the extent of such discrepancy.

Article 26 (Effectiveness)

These Terms of Use shall become effective and binding to both the Company and the User as from the date when the User has expressly shown his/her acceptance to these Terms of Use. These Terms of Use shall remain in effect while the User accesses and uses the Application and/or the Service. The User acknowledges and agrees that some of the obligations in these Terms of Use will continue to be in force and binding even after the User deletes, deactivates, terminates or suspends his/her account, including but not limited to any representations and warranties, obligations to pay or indemnify, disclaimers, any terms regarding ownership or intellectual property rights, any terms regarding data privacy, any terms regarding dispute resolution and governing law, and any other terms that, by their nature, shall survive termination of these Terms of Use.

Article 27 (General)

• The User may give notice to us under or in connection with these Terms of Use by emailing us at customerservice@MUJI.com.my.
• If any provision of these Terms of Use is or becomes illegal, unenforceable, or invalid, that provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, that provision shall be deemed as severed from these Terms of Use without affecting the validity and enforceability of the remaining provisions of these Terms of Use.
• The User may not assign, novate, subcontract or transfer any right or obligation under these Terms of Use without our prior written consent.
• Any failure or delay of the Company to exercise any right or remedy under these Terms of Use shall not be deemed a waiver of such rights or remedies.