Effective 19th July 2018
This Fishies Club Card Agreement (“Agreement”) is between you and The Fish Bowl (“we” or “us”) and describes the terms and conditions that apply to your Fishies Club Card. By buying, or using your Fishies Club Card, you agree to these terms.
About Your Account
We issue the Fishies Club Card to you. We offer the Fishies Club Card to make your relationship with us more rewarding.
Every The Fish Bowl restaurants accept your Fishies Club Card.
Fishies Club Cards are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use Fishies Club Cards under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
Use of Fishies Club Cards by Businesses
There are unique requirements and restrictions on the use of Fishies Club Cards by businesses such as the prohibitions against reselling Fishies Club Cards and using Fishies Club Cards to solicit new customers. Please contact us at [email protected] for enquiry on the collaboration on Fishies Club Card.
From time to time, we may, in our sole discretion, run promotional programs associated with the Fishies Club Card program (“Promotions”). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.
Fees and Expiration of Card Cubes
There will be a charge of RM10 upon registration of Fishies Club Card. There will not have any activation, service, dormancy or inactivity fees in connection with your Fishies Club Card in the future after registration. Your Fishies Club Card has no expiration date nor does the points on your Fishies Club Card ever expire.
Receipts and Transaction History
You can check the points balance of your Fishies Club Card at every The Fish Bowl restaurants’ cashier. You will need to have your Fishies Club Card available in order to access your account. We will not send you statements of activity on your Fishies Club Card.
Billing Errors, Corrections
We will correct the point balance of your Fishies Club Card if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your Fishies Club Card, please call Customer Service at +603–7496 5787. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.
Fraud Associated with Your Fishies Club Card or Card Balance
We will not accept any Fishies Club Card or will limit the use of any Fishies Club Card or Fishies Club Card point balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. The Fish Bowl does not control who may sell Fishies Club Cards with point balance, nor can we control the price or point balance denominations offered by independent sellers. Consequently, The Fish Bowl has no liability to you for any third-party fraud or unlawful activity associated with any Fishies Club Card point balance. If The Fish Bowl discovers any Fishies Club Card or Fishies Club Card point balance was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted Fishies Club Cards and retain all related Fishies Club Card point balances without notice to you.
Registration, Liability for Unauthorized Transactions
To register your Fishies Club Card, please visit The Fish Bowl restaurant. When registering for a Fishies Club Card, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your Fishies Club Card. If you believe your Fishies Club Card has been disabled in error, please call +603–7496 5787. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your Fishies Club Card information.
If your Fishies Club Card or Fishies Club Card information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all redemption on your Fishies Club Card, including unauthorized redemption. However, if your Fishies Club Card is lost, stolen or destroyed, your Fishies Club Card can be replaced with the point balance remaining on it at the time you contact us.
If your registered Fishies Club Card becomes lost, stolen or damaged, contact us immediately either by sending an email to [email protected] or by calling +603–7496 5787. Your registered Fishies Club Card point balance is protected from the time you notify us. We will freeze the remaining point balance on your Fishies Club Card at the time you notify us and will load that remaining point balance on a replacement Fishies Club Card.
Changes to This Agreement
We may amend this Agreement at any time. We will post the amended Agreement to our website at http://thefishbowl.my/fishies-club, and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. Any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Fishies Club Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your Fishies Club Cards after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your Fishies Club Cards and stop you from earning points and enjoying Fishies Club Card benefits; however, you can still consume the point balance for redemption.
Cancellation of This Agreement
We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Fishies Club Card including your failure to provide valid information. For example, failure to provide valid information while we suspect any unauthorised redemption, we will cancel any such Fishies Club Card and retain any point balances associated with those Fishies Club Cards. If we terminate this Agreement without cause, you can only consume the point balance on your cancelled Fishies Club Card, you will not able to earn points and enjoy other Fishies Club Card benefits.
Disclaimers and Limits of Liability
The Fish Bowl make no representations, warranties or conditions of any kind, express or implied, with respect to the Fishies Club Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. The Fish Bowl does not represent or warrant that your Fishies Club Cards will always be accessible or accepted.
In the event that The Fish Bowl is found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last point balance held on your Fishies Club Card. The Fish Bowl shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall The Fish Bowl have any liability for unauthorized access to, or alteration, theft or destruction of a Fishies Club Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.
Entire Agreement, Construction
This Agreement is the complete and exclusive statement of the agreement between you and The Fish Bowl, and supersedes and merges all prior proposals and all other agreements governing your Fishies Club Card. If any provision of this Agreement, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Inquiries or Questions
If you have any questions regarding this Agreement or your Fishies Club Card, please email us at [email protected] or call us at +603–7496 5787 during HQ working hours.
HQ working hours:
Monday – Friday
09:00 a.m. – 06:00 p.m.
(Malaysia Time +8 GMT)