The Terms and Conditions stated herein, as defined by Marketing Convergence, Inc. (herein referred to as “MCI” or “SM Advantage”), forms the basis and guidelines of the issuance of the SM Advantage Card (herein referred to as “SMAC” or “Membership Card”), defines the rights and obligations of the Member (herein referred to as the “Member”) in the SMAC membership and program, and provides for the collection and processing of personal data by MCI and its parent company, subsidiaries, affiliates, agents, contractors and partners (herein collectively referred to as “Service Group”), among others. Members of SMAC are subject to these guidelines, including those referred to in the SM Advantage Express Membership Kit, and are deemed to have accepted and agreed to any and all of the Terms, Conditions, Guidelines and Rules thereof upon signing the Membership Application or applicable form, or, in the case of online or electronic processes, upon clicking the applicable icon or button.

1. SM Advantage Membership
   1. Membership is valid for two (2) years from date of application. Membership must be renewed before expiration in order for members to continue enjoying the benefits of the SMAC program. All unused points will be carried over to the new card if the membership is renewed within ninety (90) days from the card’s expiration date. Otherwise, all remaining points will be forfeited.
   2. In the course of the membership, MCI may request to provide and/or update Member’s personal data. The Member agrees and hereby gives consent to MCI and its Service Group to collect, store, access, share, process, and/or destroy copies of his/her personal data including any updates or changes thereto, whether manually or electronically, for the period allowed under the applicable law and regulations, for the purposes of the SMAC membership and program, including any renewal thereof, as well as of conducting marketing and customer profiling activities in connection with MCI’s services and related products, and issuing or sending related notices, updates, service or administrative announcements.
   3. The Member agrees to receive verbal, written, or electronic communications from MCI or SM Advantage or its Service Group.
   4. Each Member is obligated to keep his/her information or personal data file up-to-date and correct by reporting any change or correction in name, address and other data. Members shall do so following the process stated in the Member’s Application Form and through its touch points, including but not limited to www.smadvantage.com, feedback@smadvantage.com, or through the following hotlines: 833-8888/944-3888 (for Metro Manila), 1-800-10-833-8888/1-800-8-944-3888 (for areas outside Metro Manila), 0917-833-2090 (Globe), 0998-533-8888 (Smart), or 0923-833-8888 (Sun). Member understands and agrees that MCI shall not be liable for any loss, damage, injury or claim arising from his/her failure to keep updated or to correct his/her information or personal data file.
   5. MCI reserves the right to store personal data of its members where MCI consider it necessary or appropriate for the period allowed under the applicable laws and regulations.
   6. MCI reserves the right, at its sole discretion and without prior notice, to cancel the Membership Card of any individual and all Awards and Privileges that go with said membership.
   7. Membership will terminate automatically and all awards and privileges void upon the death of the Member.
2. Use of the SM Advantage Card
   1. The SM Advantage Membership Card is and shall remain the property of SM Advantage and must be returned on demand.
   2. The Membership Card is not transferable in any circumstance, and is valid for use only by the Member who must present it when conducting any transaction. The Member may not use this Card to earn points from transactions of other customers.
   3. The Membership Card may not be used, and SM Advantage Points will not be issued, at the time of purchase and/or activity that is identified by MCI and/or program Partner as not eligible for earning SM Advantage points.
   4. In case of lost or damaged Membership Card, the Membership Card maybe replaced by MCI following the guidelines stated in the SMAC Member’s Application Form or in any subsequent applicable rules or guidelines. The Member agrees to immediately report the said incident in writing or by calling the SM Advantage Hotline Number immediately to report the lost SM Advantage Card. MCI should not be held liable for a Member’s lost or redeemed SM Advantage Points whether or not the Member immediately reported the lost or damaged SM Advantage Card.
3. Earning and Redemption of SM Advantage Points
   1. Guidelines, promotion offerings, and venues for earning SM Advantage Points are described in the SMAC Member’s Application Form or in any subsequent applicable rules or guidelines. MCI and its Service Group reserve the right at all times to make any changes to any such rules / offerings in its sole discretion.
   2. Members whose membership accounts are active and have not expired, may redeem their accrued SM Advantage Points in exchange for goods or services at authorized redemption merchants / partners of MCI. These Points cannot be exchanged for cash.
   3. MCI reserves the right to make adjustments on earned or accrued points as it sees fit including, but no limited to, deduction of points arising from returned goods or services purchased from its Service Group or from disputes.
   4. It is the responsibility of the Member to keep transaction receipts, which may be required in case of request for points verification by the Member.
   5. Employees of MCI and its Service Group are subject to their employer’s policy on the earning of SM Advantage Points from purchases from their respective employers.
   6. For the redemption of SM Advantage Points, those points reflected in MCI records shall be deemed correct and MCI has the exclusive right to determine the available amount of points to be awarded to or redeemed by the Member.
   7. Redeemed Awards or Privileges are not exchangeable for other Awards or Privileges, or refundable, replaceable, or be sold or transferred for cash or credit, under any circumstances.
   8. By redeeming points for Award or Privileges, the Member releases SM Advantage and its Service Group, as well as the directors and officers of MCI and such entities, from any and all liability to the Member regarding the use, process and redemption of the points and on the issuance and usage of said Awards or Privileges. Points redeemed may no longer be changed, revoked, or cancelled.
   9. MCI will bear no responsibility for resolving any disputes concerning any goods or services received by the member.
   10. Each individual Redemption Partner’s return and exchange policy will apply on redeemed awards.
   11. Information acquired during issuance and redemption of points may be used by MCI and its Service Group for administrative and for the purpose of conducting marketing and customer analytics.
4. Changes to the SM Advantage Program
   1. The Terms, Conditions, and Guidelines cannot be superseded or changed except by MCI. MCI shall use reasonable endeavors to provide Members with accurate and timely information regarding the SM Advantage Program including any changes thereof; however, MCI and its Service Group shall not be liable in any way for failure to do so.
   2. MCI is not liable for any Award or Privileges not being available or being withdrawn for any reason whatsoever by any of its Service Group.
   3. MCI reserves the right at all times, without notice and its sole discretion:
      1. To make any changes whatsoever to these Terms and Conditions including the rules and guidelines in the Member’s Application Form;
      2. To withdraw, cancel, withhold, substitute, deny access to or use of, or in any way change any of the Awards or Privileges previously advertised or offered, to any Member, at any time, without prior notice, and MCI will not be liable for any loss or damage suffered by the Member resulting from such withdrawal, cancellation, variation or change.
      3. To terminate or materially alter SM Advantage Program and/or revoke the membership of any Member and/or the right of any Member to use the Membership Card or to utilize any Awards or Privileges.
5. Breach of Terms and Conditions
   1. It is a breach of these Terms and Conditions for any Member in the reasonable opinion of MCI to: abuse any awards, privileges, facilities, services, or arrangements accorded to the Member as a result of Membership in SM Advantage; or act in any fraudulent manner or in any way which is likely to be detrimental to the interest of MCI, or SM Advantage Program or its Service Group, supply or attempt to supply misleading information, or make any misrepresentation to MCI or its Service Group; or act in any way which in MCI’s reasonable opinion breaches or is likely to breach these Terms and Condition. MCI’s decision as to what constitutes a breach shall be final and conclusive.
   2. Any breach of Terms and Conditions whether intentional or otherwise may result in termination of membership, forfeiture of issued SM Advantage Points, and cancellation of Awards or Privileges at the sole discretion of MCI. Eligibility for future or further participation in the SM Advantage Program shall likewise be affected.
   3. In the event of termination, all SM Advantage Points, Awards or Privileges that may have been earned or accrued by the Member will also be terminated, and these may not be sold, assigned or transferred or otherwise redeemed. MCI and its Service Group shall in no way be liable for any SM Advantage Points, Awards or Privileges of a terminated Member.
6. General
   1. These Terms and Conditions shall be governed by the laws of the Republic of the Philippines.
   2. All questions or disputes regarding eligibility for membership in SM Advantage or eligibility for accrual or redemption of Awards or Privileges will be resolved by MCI at its sole discretion.
   3. Failure of MCI to enforce a particular Term or Condition or Guideline does not constitute a waiver of that Term or Condition or Guideline.
   4. SM Advantage and MCI are not suppliers of the products and services shown as Awards or Privileges and will not accept liability in relation thereto.
   5. The Member is solely responsible for the use of any Award or Privilege; whether the Awards or Privileges is used by the Member or by a third Party.
   6. The Member is personally liable for any and all costs, charges, claims or liabilities including duties, taxes and fees from third parties, government and non-government entities of whatever nature arising from the use of any Awards or Privileges, as provided by SM Advantage and the earning, redemption or use of any Award or Privileges.
   7. The Member hereby understands and agrees that the successful operation of SM Advantage is based on the cooperative interaction among MCI, the Members, and MCI’s Service Group. The Member also hereby understands and agrees that proper implementation of the Terms and Conditions between MCI and the Member is closely related and/or intertwined with the proper implementation of the Partner Agreement and/or Loyalty Marketing Agreement between MCI and each of its Service Group.
   8. MCI/SM Advantage, in its sole direction, may appoint any group from its Service Group to process data and undertake some part or all parts of the SM Advantage program on its behalf. In this situation, the reference to SM Advantage in the Terms and Conditions shall automatically include such Service Group.
7. Consent
1. The Member understands and agrees that by signing the applicable form or, in the case of online or electronic processes, by clicking the applicable icon or button , the Member is giving consent to MCI and its Service Group, if any, to collect, store, access, share, process, and/or destroy copies of Member’s personal data, such as but not limited to his/her name, IDs, age, contact details, and other personal data, including any updates or corrections thereto, whether manually or electronically, for the period allowed under the applicable law and regulations, for the purposes of loyalty program account management, direct marketing, analytics, service or administrative announcements related to system enhancements, program updates, discounts, promos, sales, advertisements, events, marketing activities and commercial communications, and offers that MCI deems beneficial to the member, as well as to the publication of Member’s name in relation to promotional efforts and any automated decision-making that may or may not significantly affect the Member (collectively referred to herein as “Purposes”).
2. The Member is aware of and understands his/her rights under the Data Privacy Act, including the right to request access and correction to the personal data related to him/her. The Member likewise understands and agrees that while he has the right to object, it is necessary for MCI and its Service Group to collect, store, access, share, process, and/or destroy copies of his/her personal data for the aforementioned Purposes as well as in relation to his/her Membership.
3. For further information and inquiries, the Member may contact MCI through its touch points, including but not limited to www.smadvantage.com, feedback@smadvantage.com, or through the following hotlines: 833-8888/944-3888 (for Metro Manila), 1-800-10-833-8888/1-800-8-944-3888 (for areas outside Metro Manila), 0917-833-2090 (Globe), 0998-533-8888 (Smart), or 0923-833-8888 (Sun).

SM Advantage Terms & Conditions Series of 2017 Version 02