PRIVACY POLICY

Bataras 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 Bataras Membership 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;

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 support@bataras.com.my, 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 to support@bataras.com.my.

 

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.

Bataras Card Programme’s Terms And Conditions:

1. The ‘Bataras Card’ (Programme) is proprietary to Bataras Sdn. Bhd. (Company) where acceptance of any person(s) to the Programme shall be subject to the approval of the Company and once accepted by the Company, participation by any such person (Member) in the Programme shall be subject to the terms and conditions contained herein. The Programme is only accepted at Company branded supermarket (Supermarket) situated in Malaysia or the participating merchants that registered with the Company.

2.  In order to become a Member, the applicant must agree to the terms and conditions. The Company reserves the right to make amendments or variations to the terms and conditions from time to time.

3. Participation in Bataras Card is open to all citizens and non-residents aged 18 years old and above.

4. The application fee for the Bataras Card is RM 10.00 and the renewal fee per year is RM 10.00. RM 10 will be imposed for replacement card.

5. The validity of the Bataras Card is for a period of 12 months from the date of issue and will expire immediately thereafter. Members are encouraged to renew their card in advance of three (3) months before card expiry at any Bataras outlet or participating merchant to avoid any usage interruption and inconvenience due to card failure.

6.  The point will be awarded for every transaction of RM1 (exclusive of tax) to 1 loyalty Point. For purchase of selected Milk product, 0.3 point will be awarded for every transaction of RM1.

7. Members must spend minimum RM1 and above on qualifying purchases in a single transaction to be entitled for the Point.

8. Once the Card is credited the loyalty Points corresponding to the Qualifying Purchases, a transaction receipt prepared by the cashier at the checkout counter shall be issued to the Member. Such transaction receipt shall be conclusive record of the Qualifying Purchases made as for the loyalty Points accumulated will be shown at the Card account within 24 hours. Member will be able to check up to 6 months loyalty transaction available at the ‘Bataras’ Mobile App.

9. The following items are not included in the points’ calculation:

a. All government controller items, i.e., rice, cooking oil, sugar, flour

b. gift card/cash vouchers purchase,

c. ePay services, i.e., mobile reload, IDD reload, online game reload, e-wallet reload, Touch ’n Go reload, e-pay reload, Utilities Bills Payment, Payment to Authorities, etc.

d. Delivery Charges, Repair & Service Charges

10. The loyalty Points awarded and credited to the Card cannot be transferred or assigned to another Card or any other card issued by or on behalf of the Company or combined or aggregated with the loyalty Points of such Card or card or otherwise dealt with except in accordance with this Agreement. The loyalty Points have no cash or monetary value.

11. Member must present their E-Card or Card to cashier before every transaction. Failure to do so will result no points will be awarded for the amount spent.

12. The Company reserves the right to determine, vary or change from time to time the qualifying goods and services and/or number of point to be awarded for each 1 Ringgit spent for Qualifying Purchases or the programme mechanics without prior notice or assigning any reasons whatsoever.

13. The Points accumulated in Member's Card will expire 2 years from the year points have been accumulated. Example,

 

No

Points accumulated period (Y1)

Points entitle to convert to Rewards (Y2)

Points to be expired (Y3)

1

Jan’18 to Dec’18

Jan’19 to Dec’19

1st of Jan, 2020

2

Jan’19 to Dec’19

Jan’20 to Dec’20

1st of Jan, 2021

3

Jan’20 to Dec’20

Jan’21 to Dec’21

1st of Jan, 2022

 

14. If membership expired and no renewal is made in 3 months’ time, all earned points will be forfeited and account will be terminated.

15. Members who do not collect any points for 12 months will be removed from the Programme and all points and unused rewards or Vouchers will be deleted. Members will need to reapply for new Card should they wish to rejoin the programme.

16. Members can choose to leave the Programme at any time. By leaving the Programme, members will be forfeited the right to any points or Rewards or Vouchers already accrued or issued.

17. The point collection entitlement in the system is final and no further correspondence will be entertained.

18. The Member may refer to the Rewards catalogue available at ‘Bataras’ Mobile App or the participating outlet for redemption, which shall be for the purpose of information and illustration only and shall not be construed as constituting any representation or warranty as to their availability. 

19. The Company gives no representation or warranty with respect to any products and/or services featured in the Rewards catalogue. Where the Rewards are covered under any manufacturers' warranty, any disputes or claims shall be forwarded directly to the manufacturers concerned.

20. For Rewards that are to be redeemed from participating merchants or suppliers of Rewards as shall be appointed by the Company from time to time, the Member shall present his/her Card and national identity card (NRIC) for Rewards redemption.

21. Member who has redeemed his/her points for any rewards, i.e., merchant products or services, is not eligible for refund or cancellation from the Company.

22. The Member is responsible to examine, immediately upon receipt, the Rewards for any defects or damage, whether in its packaging or otherwise, and to verify the contents of the Rewards. Where the Reward or its packaging is found to be damaged or defective or that the contents therein is incomplete / damage, the Rewards be immediately returned the Rewards to the Customer Service at the Supermarket.

23. Company reserves the rights to reject any request for the replacement of faulty or damaged Rewards should the Member fail to return the same in the manner and within the time period set out as stated above.

24. The ‘Bataras’ Mobile App allows members to buy E-gift voucher at any Bataras outlet.

25. A minimum amount of RM 50 and maximum amount of RM 1000 is permitted for purchase to be added into ‘Bataras’ Mobile App.

26. For any transaction by E-gift voucher, member is required to inform and present the ‘Bataras’ E-Card at the Cashier counter. The balance amount of the transaction will be paid by any available payment mode, i.e., cash, credit card and debit card.

27. Member will be able to check the balance of the E-gift voucher and up to 6 months purchase transaction in the ‘Bataras’ Mobile App

28. The E-gift voucher is non-refundable, non-redeemable and non-exchangeable for cash.  

29. It is the Members’ responsibility to notify the Bataras Hypermarket management of any changes of personal particulars, lost or damaged card.

30. Member need to update or correct the provided personal data via ‘Bataras’ Mobile App from time to time.  

31. The Member agrees that the Personal Data may be used by Company for the purposes below.

a. To associate the Card to the Member and to update information (if required);

b. To process the application by the Member for related services;

c. Management, operation and maintenance of Member's account, system including audit and exercising the rights of the Company under the terms and conditions;

d. Designing new or improving existing services provided by Company, our subsidiaries, associates and affiliates;

e. Communication by Company to Member;

f. Investigation of complaints, suspected suspicious transaction and research for service improvement;

g. Prevention or detection of crime or fraud; and

h. Disclosure as required by law, rules, regulations, codes or guidelines.

32. Members deemed to have subscribed to the marketing mailing list upon registered as a ‘Member’ in the App and the Company will send or deliver the marketing information and relevant updates (“Newsletter(s)”) via push notification, SMS, electronic direct mail (e-DM) and/or direct mail (DM).

33. The Member may terminate his/her Card anytime by giving notice in writing to the Company. However, there will be no refund of points collected in any form for termination of Card.

34. Any abuse or fraud with respect to The Points under the Programme or redemption of Rewards will result in the cancellation of the Member's participation in the Programme, cancellation of the Card and revocation of The Points or return of redeemed Rewards (or its reasonable compensation thereto).

35. The Company reserves the right to restrict, suspend, or change the features and benefits of the Card programme, including the terms and conditions from time to time without prior notice or assigning any reasons.

36. Company shall not be liable for any loss or damage suffered by the Member due to the following reasons:

a. any failure by the Reward supplier to abide by the terms and conditions on which it has agreed to provide the Reward;

b. any statement, communication or implication arising from any revocation, suspension or restriction of the use of the Card; and

c. any failure or omission to notify the Member of any changes in the terms and conditions of this Agreement, Rewards Guide, participating companies, Qualifying Purchases and The Points awarded for Qualifying Purchases. 

37. Company shall not be liable for any loss of accumulated The Points or loss or damage suffered as a result of any defect or error in any machines or inability to retrieve any information or data from the computer system.

38. Company shall not be liable howsoever for any errors, delays, loss or damage, which may be directly or indirectly due to breakdown, failure of machinery or the processor; or industry dispute, war, act of God, system failure and anything outside the control of the Company.


TERMS AND CONDITIONS FOR BATARAS E-STORE

This BATARAS mobile app is owned and operated by Bataras Sdn Bhd [Co. No. 199801017117 (473246-D)], SU3588, Jalan Tun Mustapha, Kg. Batu Arang, 87008 W.P. Labuan.

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 mobile app, website 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 these platforms.

 

2. PRICE AND PRODUCT

2.1 The Company shall make every effort to ensure that prices, details and sizes of products on the platforms 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.

2.2 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.

2.3 Prices charged for purchases on the platforms may be different from those charged in our stores.

2.4 The prices charged are applicable at the time of your order.

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

2.6 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 the Company is unable to fulfil any of the products or services in your order, we will notify you by phone or email.

2.7 All pictures and images of the products displayed are for illustration purposes in order to help the customer to recognize the products only. The actual size, dimension and colour of the products may differ.

 

3. ONLINE ORDER

3.1 Once you have added the product(s) into the Shopping Cart and proceed to check out, a breakdown of the total payment amount will be displayed, including taxes (if applicable), and any other applicable charges, for example, delivery charges.

3.2 BATARAS online purchase required a minimum spending per order of RM 30 (excluding the delivery charges).

3.3 Customer shall make the payment in full with the payment options offered at the platforms.

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

3.5 Until the time the Company has accepted the full payment of your order, the Company reserves the right to not process the order or hand the products to you.

3.6 The Company reserves the right to cancel your order if the Company found any dispute or potential fraud.

 

4. AVAILABILITY

4.1 The availability of the goods presented on the platforms is depending on the stock in stores and the Company does not guarantee the availability of goods.

4.2 In order to ensure that goods are available to all customers, the Company reserves the right to set maximum limit in advanced for the purchase of individual item by a single Customer. For example, if the Customer makes an order of 10 bottles of chili sauce which would use up all the stock of the store, the store may only deliver 5 bottles.

4.3 The Customer shall always be notified in advanced if the goods requested cannot be delivered due to restricted limit or has exceeded the maximum limit.

4.4 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 requested item.

4.5 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.

4.6 The amount for the goods which were not accepted shall not be charged to the Customer’s payment card, if the Customer has provided payment card details in advanced in order to pay online.

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

 

5. CANCELLATION

5.1 The Company may cancel an order if the product is not available for any reason. The Company will notify the Customer shall this situation happen and the Company shall return any payment which has been made for the cancelled product. Refunds will be given in the form of E-gift voucher that will be emailed to the Customer depending on the time period required by the company to arrange and process the refund.

5.2 You are not allowed to cancel the order once a Confirmation of Order has been issued. If you wish to seek further information or assistance, kindly contact our customer service hotline.

 

6. RETURN/REFUND

6.1 You shall examine the goods immediately upon collection/delivery for any deficiencies and/or damages. Claims (if any) must be lodged to our customer service hotline at the time of collection/delivery; otherwise the Company reserves the discretion to refuse your claim.

6.2 Goods returned for a refund shall be refunded at the time you collected at the store.

6.3 For product collected from the store which is found to be defective and/or is damaged inside the packaging, you may return for a refund at the time of collection at the store. You must present a valid receipt of the purchase for the return.

6.4 The Company will not entertain any request for a return/refund once the goods have been collected by the customer (collection order).

6.5 Goods returned for a refund shall be refunded at the price which you had paid at the point of ordering. Goods returned for a refund shall be refunded at the price which you had paid at the point of ordering. 

6.6 For BATARAS Membership, in the event of a refund, all the points collected for the purchase of the refunded goods will be adjusted out from the member account.

6.7 Refunds will be given in the form of an E-gift voucher that will be emailed to the Customer depending on the time period required by the company to arrange and process the refund.


7. PAYMENT TERMS

7.1 Once you have completed the order at our platforms, please proceed to make payment with the payment options available.

7.2 Upon confirmation by the payment gateway vendor, our fulfilment team will start to pack the goods.

7.3 The Company does not accept cash as payment option.

 

8. GOODS COLLECTION AT BATARAS STORE

8.1 Customer can collect their order from the selected Bataras store during the selected and confirmed time slot.

8.2 The point of collection is based on the Bataras store selected and confirmed during your order.

8.3 If you are not available personally to collect the order from the store, an authorized representative may collect on your behalf with the condition that you have called customer service hotline to provide the information of the representative and the representative must be over 18 years of age. You or your representative may be required to provide proof of identity via tele-conversation on collection of products, and you or your representative shall acknowledge the receipt of the collection.

8.4 The Company will not entertain any request for change of collection store once the Order is confirmed and Order Confirmation has been issued.

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

8.6 The Company reserves the right to withhold to hand the products to you if the Company has any doubt whatsoever as to your credit worthiness or insufficient identification.

8.7 No delivery charges applied for collection of order at selected store. However, the Company reserves the right to charge a minimum administration charges/delivery charges for any other special redelivery arrangement or return request.

 

9. HOME DELIVERY

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

9.1 The Company shall deliver the order to the delivery address provided and during the confirmed timeslot selected by the Customer, as stated in the Order Confirmation.

9.2 Delivery time slot is confirmed and agreed by the Customer at the time of ordering and confirmation of order.

9.3 Delivery is available to residential area within a fixed radius from the selected Bataras store.

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

9.5 Your order will be delivered to you via our in-house delivery team, any service provider or personnel appointed by the Company based on the selected time slot.

9.6 Our delivery team will deliver the order to the main entrance of the delivery address provided. Upon request by the Customer, our delivery team may carry the goods 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 been granted permission by the Customer

b. The driver believes it is safe and practical to do as per the request of the Customer

c. There is no obstacle preventing entrance, for example, a locked main door

9.7 Our delivery team reserves the right to deliver only to the main entrance of the delivery address.

9.8 If there is no qualified personnel to receive the goods during the agreed time period and place specified by the Customer, we will leave a notification on the attempted delivery and Customer will need to contact customer service hotline to arrange redelivery.

9.9 If Customer requests for redelivery, the Company will charge an additional re-delivery fee of RM 15 for providing the service.

9.10 If the delivery includes alcoholic drinks or any other age-restricted items, you are deemed to agree to ensure that a person of 21 years of age or older with appropriate identification is presented to accept the delivery of the alcoholic drinks or other items. The Company reserves the right to not deliver any age-restricted product to anyone who is, or appears to be under the age of 21 years old, and to charge the customer an additional re-delivery fee of RM 15.

9.11 The customer is required to contact the customer service hotline for the following circumstances:

· If there are any changes in the delivery address/contact details made between submission of order and delivery date

· Rescheduling of the delivery slot

· Change of the delivery time slot

· Request of a specific delivery time

9.12 No amendment to an order is allowed once the order has been confirmed and processed.

 

10. DELIVERY CHARGES

10.1 Delivery charges will be calculated during your order check out and the summary of the charges will be emailed to your registered email address.

10.2 Goods will only be delivered upon receipt of full payment of the order. Cash-on-delivery is not available and partial payment will not be entertained.

10.3 Shall any additional cost is to be incurred, the Company reserves the right to deliver the goods upon receipt of payment of the additional cost. For example: delivery charges of re-delivery.