The Terms and Conditions stated herein, as defined by Marketing Convergence, Inc. (hereafter referred to as MCI), forms the basis and guidelines of the issuance and usage of the SM Advantage Card and defines the rights and obligations of the Card Member. Members of SM Advantage are subject to these guidelines, including those referred to in the SM Advantage Member’s Manual and are deemed to have accepted the Terms, Conditions, Guidelines and Rules thereof upon signing the Membership Application form.

I. 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 program. All unused points will be carried over to the new card if the membership is renewed before 30 days from the card's expiration date. otherwise, all remaining points will be forfeited.
  2. Each member is obligated to keep his information file up-to-date by reporting any change in name, address and other data. Members may do so following the process stated in the Member's Manual. Verbal notification is not valid and will not be entertained.
  3. Member agrees to receive communication, including but not limited to electronic and postal materials, from SM Advantage or its duly appointed agents or contractors. Such materials may be in form of program updates, exclusive promotions and tie-up offers that SM Advantage deems beneficial to the member.
  4. 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.
  5. Membership will terminate automatically and all rights and privileges void on the death of the Member.

II. Use of the SM Advantage Card

  1. The SM Membership Card is and shall remain the property of SM Advantage and must 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 may be replaced by MCI following the guidelines stated in the Member's Manual. The Member agrees to immediately report the said incident in writing or by calling the SM Advantage Points
  5. Membership will terminate automatically and all rights and privileges void on the death of the Member.

III. Earning and Redemption of SM Advantage Points

  1. Guidelines, promotion offerings, and venues for earning and redemption of SM Advantage Points are described in the Membership Manual. MCI and/or program Partner reserves the right at all times to make any chnages to any such rules/offerings in its sole discretion.
  2. SM Advantage Points accrued by any Member do not constitute the property of the Member and have no cash or monetary value and cannot be exchanged for cash. SM Advantage Points cannot be earned for Value Added Tax, other government charges and service charges.
  3. MCI reserves the right to make adjustments on earned or accrued points as it sees fit including , but not limited to, deduction of points arising from returned goods or services purchased from SM Advantage Partner or from dispules.
  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 Partners 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, 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 Partners from any and all liability to the Member regarding the use 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 and during membership processing, may be used by MCI and its Partners for administrative and marketing purposes.

IV. 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 Partners 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 SM Advantage Partner.
  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 guidelines in the Member's Manual;
    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 withrawal, cancellation, variation or change.
    3. To terminate or materially alter SM Advantage Program and/or revoke the membership of any Member to use the Membership Card or to utilize any Awards or Privileges.

V. 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 any Partner, supply or attempt to supply misleading information, or make any misrepresentation to MCI or any Partner; or act in any way which in MCI's reasonable opinion breaches or is likely to breach these Terms and Conditions. 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, forfeilure 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 Partners shall in no way be liable for any SM Advantage Points, Awards or Privileges of a terminated Member.

VI. 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 accural 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 Guidelines 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 Award or Privilege 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 entitles of whatever nature arising from the use of any Awards or Privilege, 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 the Partners. The Member also hereby understands and agrees that the 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 Partner.
  8. SM Advantage, in its sole discretion, may appoint an agent or contractor to undertake some part or all parts of the SM Advantage programon its behalf. In this situation, the reference to SM Advantage in the Terms and Conditions shall automatically include such agent(s) or contractor(s).