Wizard Terms and Conditions

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Terms & Conditions for Wizard Card

General

1. In this Agreement:

(a) the expressions ”you” , ”your” and “Cardholder” means any person to whom a Card has been issued by us and whose name appears on the Card;

(b) the expressions “we”, “our”, “us” and “DND” means Dynamic Network Distributions Sdn Bhd and its successors and assigns;

( c) the word “Card” means any card issued by us bearing the name Wizard and includes any such card issued in replacement or renewal of such card;

(d) the word “person” includes any association, firm or corporation;

(e) the word “participating auto body shops” means the persons who may from time to time provide services relating to the Cardholder's vehicles including, but not limited to, towing services, auto repair and panel beating services;

(f) the word “participating merchants” means the persons who may from time to time provide goods, services, discounts, benefits and privileges to a Cardholder including, but not limited to, participating auto body shops and persons providing discounts, benefits and privileges in relation to goods and services provided;

g) the word “Specified Address” in relation to any Cardholder means any of the following:

(i) any of the addresses of the Cardholder stated in the application or the Card and any other addresses which the Cardholder may notify the Company from time to time; and

(ii) any address from which any facsimile transmission or electronic mail of the Cardholder or purporting to be a facsimile transmission or an electronic mail of the Cardholder has been dispatched to the Company.

2. The Card is issued by and remains at all times the property of the Company.

3. All participants in the Card programme must be aged eighteen (18) years and above, The Card programme is only applicable in West Malaysia and nothing herein shall be construed so as to enable the offer or sale of the Card programme outside West Malaysia. Notwithstanding anything contained herein, the Company reserves the right to reject your application for the Card without giving any reason whatsoever.

4. All participants must pay RM50 upon application which shall go towards payment of the annual fee for the first year. Thereafter, an annual fee of RM50 will be imposed for each year and is payable on or before the expiry date specified on the card. The Company reserves the right to cancel the Card without notice in the event that the annual fee is not received by the Company on or before the expiry date. The Company reserves the right to revise the annual fee from time to time by giving notice to you. Such a revision shall take effect on the due date for the payment of the next annual fee. In the event that you do not wish to continue with the subscription of the Card, you must notify us of your intention on or before the expiry date of your Card.

5. Your Card may only be used at participating merchants. We shall notify you from time to time the list of participating merchants including the list of participating auto body shops. Your Card is not a credit card or charge card and all payments for goods or services must be made by cash or by credit cards accepted by the respective participating merchants.

6. The list of goods, services, benefits, privileges and discounts available to Cardholders currently are set out in this booklet. The Company and the participating merchants reserve the right at any time and from time to time at its sole discretion and without notice to amend, reserve or withdraw any or all the services, discounts, benefits and privileges conferred by the use of the Card. For the avoidance of doubt, the withdrawal amendment or reservation of any goods, services, discounts, benefits and privileges, from time to time, would not constitute an amendment of the terms and conditions of the Card.

7. The Company shall not be liable howsoever for any amendment to or withdrawal of goods, services, discounts, benefits and privileges offered by the participating merchants. Without limiting the generality of the foregoing, the Company shall not be responsible or liable to you for any loss or damage incurred or suffered by you arising from or as a consequence of:

(a) the refusal of any participating merchant or any other person to honor or accept your Card for any reason whatsoever including, but not limited to, the negligent act or omission by us or our servants, agents or contractors; or

(b) any delay or inability on our part or on the part of our servants, agents or contractors to perform any of our obligations due to any electronic, mechanical, system, data processing or telecommunication defect or failure, act of god, disturbance or any event outside our control or the control of any of our servants, agents or contractors or as a consequence of any fraud or forgery; or

(c) any damage to or loss of or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card howsoever caused.

8.The Company shall also not be responsible for:

(a) the goods or services provided by the participating merchants or the delivery, quality or performance of such goods or services;

(b) any breach of contract, negligence, tort or any cause of action whatsoever arising from or in consequence of the goods and services provided by the participating merchants; and

You must seek redress in respect of such goods, services, benefits, discounts and privilege from the participating merchant directly.

9. The Card is not transferable and shall be used solely by the Cardholder. This Agreement may not be assigned by you. The Company and the participating merchants reserve the right to refuse any services, discounts, benefits and privileges conferred on the Card in the event it is used by a person other than the Cardholder.

10. In the event of the Card being lost or stolen the Cardholder shall immediately notify the Company of such loss or theft by telephone or other expeditious means and thereafter promptly confirm the same in writing. A fee of RM10.00 will be charged for the replacement of a damaged, lost or stolen Card.

11. The validity period of the Card is one (1) year from the date of issue.

12. If, in our opinion, there are reasonable grounds to believe that you are abetting, conspiring or allowing (whether intentionally or unintentionally) the use of the Card by persons other than the Cardholder, then without prejudice to our remedies under the law we reserve the right to suspend or terminate the use of your Card without being required to give you any prior notice for such suspension or termination and without any refund of the annual fee. If we terminate the use of your Card, you must immediately return the Card to us.

13. Notwithstanding anything contained herein, we may at any time terminate the use of your Card by giving you one (1) month's notice but without any requirement to specify the reasons for such termination and we shall refund such portion of the annual fee attributable to the remainder of that year prorated on the basis of a 365 day year and rounded up to the nearest RM1.00. If we terminate the use of your Card, you must immediately return the Card to us.

14. We may at any time amend any of these terms and conditions by giving notice to you. Such amendment(s) shall take effect on the date specified in such notice. If you retain or use the Card after the specified date, then you will be deemed to have accepted such amendments and there shall be no refund of the annual fee. In the event that you do not agree or object to the amendments, you must notify us of your objection and return the Card to us on or before the specified date in which event we will refund you such portion of the annual fee attributable to the remainder of that year, prorated on the basis of a 365 day year and rounded up to the nearest RM1.00.

15. We may if we consider it appropriate to do so, without our having to give you any notice or to seek any further consent from you, disclose any information whatsoever relating to you or any Card transaction:

(a) to our related companies as defined in the Companies Act, 1965;

(b) to any person where we regard such disclosure as necessary or conducive:

(i) for the provision of any services or benefits to you;

(ii) for the detection or prevention of fraudulent or illegal activity;

(iii) for the collection of any payment or sum due or owed to us or the participating merchants;

(iv) to enable us, our servants, agents and/or contractors to discharge our obligations or confer benefits to you;

(v) to any proposed transferee or assignee of any of our rights or obligations under this Agreement for any purposes connected with such proposed transfer or assignment.

16.This Agreement may be assigned by us for any reason whatsoever and you are deemed to have consented to any such assignment.

17. The Company is not obliged to provide any financial assistance whatsoever to the Cardholder. Notwithstanding this, in the event that the Company does make any payment for the benefit of the Cardholder, such amounts shall be payable by the Cardholder to the Company immediately on demand. In the event that the Cardholder fails to pay such amounts to the Company when it is due, then in addition and not in derogation of and without prejudice to any other right or remedy which the Company may be entitled to, the Cardholder shall be liable to pay interest on such amounts. Such interest shall be calculated from day to day at the rate of 10% p.a. based on a 365 day year and on the basis of actual number of days elapsed.

18. Any request or instruction by you to us must be in writing and shall be signed by you. However, we may, but shall not be obliged to accept and act on any instruction or request by electronic mail, facsimile transmission or through the telephone which is believed by any of our officers or employees attending to such instructions or request, to have been given or made or authorised by you even if such instruction or request may not have been given or made or authorised by you and regardless of any fraud that may exist in relation to such instructions or request. We shall not be liable for any loss or damage suffered as a consequence of our acting on or acceding to any such instructions or request.

19. Any and all notices or demands of the Company may be sent to the Cardholder by post, facsimile transmission, electronic mail or through the Internet or any electronic medium selected by us to the Specified Address. Any statement, notice or demand to any Cardholder so sent or dispatched shall be effective and deemed to have been received by the Cardholder:

(a) on the day immediately following the date of dispatch if sent by post; or

(b) immediately on dispatch if sent by facsimile transmission, electronic mail or through the Internet or any electronic medium selected by us, even if it is not received by the Cardholder or returned undelivered.

20. THIS CONTRACT IS SUBJECT TO A COOLING-OFF PERIOD OF FOURTEEN (14) DAYS FROM THE DATE OF THE APPLICATION. You have the right to rescind this Contract before the expiry of the cooling-off period and claim a full refund of the annual fee paid. Should you wish to exercise your right to terminate this Contract before the expiry of the cooling-off period, you must give us notice in writing and return to us the Card and membership guide book before the expiry of the cooling-off period. Your annual fee will not be refunded to you if you fail to give us the said notice in writing and return to us the Card and the membership guide book before the expiry of the cooling-off period.

21. This Agreement shall be construed and governed by the laws of Malaysia. You agree to submit to the non-exclusive jurisdiction of the Courts of Malaysia with respect to any claim or dispute concerning or arising from this Agreement or any Card transaction.

Annexure

Auto Assistance Services

1. The Auto Assistance Services (as defined herein) shall only be provided where the motor vehicle meets all the following criteria:

(a) a duly registered private vehicle which complies with all laws and regulations under the Road Transport Act 1987 and registered under the name of the Cardholder; and

(b) a motor vehicle which is constructed to carry a load or passengers and the unladen weight of which does not exceed three thousand kilogrammes; and

d) a motor vehicle which is registered under the Card relied upon for the Auto Assistance Services.

1.1 The Auto Assistance Services do not apply in or to any of the following circumstances:

(a) commercial vehicles, as defined by the Commercial Vehicles Licensing Board Act 1987;

(b) motor cycles;

(c) where the vehicle has no engine, transmission, tyres or the necessary parts to facilitate the towing of the vehicle or where the vehicle has previously been damaged, broken down and abandoned or left in neglect;

d) where the vehicle is located in a remote area or on a non-gazetted road such as estates, plantations, jungle and forest;

(e) where the vehicle has been modified and such modification was not in accordance with the laws and regulations pertaining thereto;

(f) where the vehicle was or is being used for any unlawful or illegal purpose: or

g) where the vehicle is located on an island (except for Penang and Langkawi); or

(h) where the vehicle is carrying more passengers than its designed capacity or used in any manner contrary to the manufacturer's specification including the use of the vehicle on terrain which is not suited to the motor vehicle.

2. Your calls to our 24-hour Call Center will be channeled to our participating auto body shops who will provide the following services free of charge:

(a) jump starting vehicles and battery delivery provided always that the cost of any parts or batteries provided shall be borne by you;

(b) in the case of a breakdown of the motor vehicle, towing to a destination specified by you;

(c) in the case of an accident involving the motor vehicle, towing to the premises of the participating auto body shop providing the towing services;

(d) tyre change provided that a spare tyre is present in the motor vehicle (hereinafter referred to as “Auto Assistance Services”) subject always to the following:

(i) subject to sub-paragraph (v) below, in the case of sub-paragraph (b) above the free towing services shall only apply to the first 60 kilometres calculated based on the auto body shop's return journey to his premises plus the distance between the location of the vehicle and the destination chosen by the Cardholder, that is to say, from the premises where the tow truck is normally kept up to the location of the vehicle and from the location of the vehicle to the destination selected by the Cardholder and from such destination to the premises where the tow truck is normally kept. The determination of the tow truck driver or the participating auto body shop's representative of the calculation of such mileage shall be final and conclusive. The Cardholder shall be charged a fee or RM1.00 for every kilometer or part thereof over and above the first 60 kilometres;

(ii) in the case of sub-paragraph (c) above there is no distance limit to the free towing services provided that all the repairs to the motor vehicle are carried out at the participating auto body shop providing the towing services. If for any reason the repairs are not carried out at the same participating auto body shop providing the towing services, then the charges in sub-paragraph (vi) below shall apply.

(iii) any other costs shall be borne by the Cardholder such replacement batteries, spare parts, toll charges (incurred in the return journey as well as the journey from the location of the vehicle to the destination chosen by the Cardholder) and petrol supplied in connection with the Auto Assistance Services and such costs shall be paid by the Cardholder to the relevant participating auto body shop;

(iv) the towing services shall only be applicable from the location of the vehicle to one specified destination notwithstanding that the total mileage does not exceed 60 kilometres. For the avoidance of doubt, once the vehicle is towed to a destination agreed to or specified by the Cardholder, the participating auto body shop shall not be obliged to tow it to another destination;

(v) in the case of towing services provided in respect of a motor vehicle (involved in a breakdown) from an area in the vicinity of a hill resort (including but not limited to Genting Highland, Cameron Highland and Fraser's Hill) or where the use of a special tow truck suited for such terrain or conditions is required, the following charges will apply instead:

from any area on the hill to the foothill - RM300.00 ; plus RM1.00 per kilometer for each kilometer or part thereof in excess of 60km. Such charges shall be calculated based on the distance from the foothill to the destination specified by the Cardholder plus the participating auto body shop's journey back to his premises; and

(vi) in the case of accident involving the motor vehicle, any towing services to a destination or workshop of your choice shall be subject to the participating auto body shop's standard rates.

3. We will not be responsible for any damaged or lost items from your vehicle. You are advised to remove all valuables from the vehicle.

4. The Cardholder must be at the location of the vehicle. The participating auto body shops have the right, after waiting for not longer than fifteen minutes, to leave the location of the vehicle if the Cardholder is not present at the said location and in such an event, the Cardholder would not be entitled to the free towing service in respect of that vehicle/location.

5 . Cardholders must produce the Card for verification purposes before being entitled to the Auto Assistance Services. The Card is to be used by the Cardholder only for that particular vehicle registered under the Card. In no event shall Auto Assistance Services be provided in respect of motor vehicles not registered under the Card relied upon.

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