|Terms & Conditions for MoneyBack Program (For Hong Kong)|
|The MoneyBack Program shall commence on 9 Jan 2007 and these Terms and Conditions are last updated on 22 March 2013.|
|2.||Application the Terms and Conditions|
|2.1||These Terms and Conditions form the agreement between you, our Member, and us, A. S. Watson Group (HK) Limited, the operator of a consumer reward and targeted offers program ("MoneyBack Program" or "the Program"). From time to time we will have Our Partners to join the Program offering you more rewards and targeted offers.|
|2.2||In these Terms and Conditions, meaning of certain terms shall be as follows:|
|a. "Cash Coupon" - means cash coupon to be redeemed by you by using your Reward Points. |
b. "Kiosks" - means the member privilege kiosks located in the Retail Outlets for facilitating the Program.
c. "Member" - a member of the Program.
d. "Mini Card" - means the supplementary card of a MoneyBack Card.
e. "MoneyBack Card" - means the membership card issued to you to enjoy your benefits under the Program upon your successful registration.
f. "MoneyBack Customer Hotline" - 2187 2277(PARKnSHOP) / 26088383(Watsons) / 25555788(FORTRESS) or such telephone number as notified by us from time to time
g. "Our affiliates" - means companies within CK Hutchison Holdings Limited, which operate Retail Goods or Services business.
h. "Our Partners" - means other merchants of Retail Goods or Services, who join the Program offering rewards, discounts and targeted offers to our Members.
i. "Our Stores" - they include PARKnSHOP, INTERNATIONAL, TASTE, FUSION, GREAT, EXPRESS, FORTRESS, Watsons, Gourmet, SU-PA-DE-PA..
j. "Our subsidiaries" - means all the retail and manufacturing divisions operating under A. S. Watson Group offering goods or services to consumers, including health & beauty products, food and groceries, water and beverages, wine and electronics and electrical appliances, all being related to the nature of business of PARKnSHOP, International, Fusion, Express, Fortress, Watsons, Great and Taste, Gourmet, SU-PA-DE-PA.
k. "Program's Website" - www.moneyback.com.hk.
l. "Redemption Voucher" – means voucher to be redeemed by you by using your Reward Points for redeeming specified products.
m. "Retail Goods or Services" – means sales of goods or provision of services in relation to any of the following (whether through physical or online channels): food & beverages, restaurants, catering, groceries and household products, general merchandise, health & beauty, pharmaceutical products, fragrance & cosmetics, wine and liquor, cigarette and cigar, stationary, books and paper products, confectionary & toys, clothing, shoes, baby products, pets products, fashion accessories, bags & luggage, jewellery, watches, furniture, plants and accessories, sports & leisure equipment, phones & mobile devices, electronics & electrical appliances, computer software and games, fuel, motor vehicle services.
n. "Retail Outlets" - means Our Stores and Our Partners' retail outlets in Hong Kong.
o. "Reward Points" - the standard benefit under the Program to be awarded to you when you make purchases at the Retail Outlets.
p. "Online Shopping" – means the purchases made via the website www.parknshop.com.
|3.||Registration of Membership|
|3.1||To become a Member of the Program, you will need to complete a registration form and provide certain personal data. Each Member will be issued with a main MoneyBack Card and three (3) Mini Cards (note : Mini Cards will not be issued for application of Watson’s MoneyBack Card). All four cards offer exactly the same functions and are linked to one account. The Mini Cards may be used by members of your family to earn Reward Points and to accumulate Rewards Points to your MoneyBack account.|
|3.2||The Program is open to individuals aged 18 or above. If you are under 18 years and wish to become a Member, you will need your parent's or legal guardian's consent before completing the application form.|
|3.3||The information you provide us when you register as a Member, will help us to make carefully selected MoneyBack offers that we believe will be of interest and value to you. The more you purchase at the Retail Outlets, the more benefits you will receive.|
|3.4||We may decline your application under the circumstances as may be determined by us in our sole discretion.|
|4.||The Program, Rewards, and Special Offers|
|4.1||Every time when you purchase at the Retail Outlets or when you make any Online Shopping, subject to calculation mentioned in clause 4.3 and other restrictions mentioned in these terms and conditions and as determined by us from time to time, Reward Points will be awarded at the rate of 1 point for every HK$5.00 spent except for FORTRESS, for which Reward Points will be awarded at the rate of 1 point for every HK$10.00 spent (effective on 18 Apr 2011).|
|4.2||Reward Points will be awarded and updated within 5 days from the date of your purchase. You may check your balance of your Reward Points by logging on to the Program's Website, by calling the MoneyBack Customer Hotline, or by presenting your MoneyBack Card at the Kiosks. If you would like to print out your past transaction records, please call our customer service hotline. A fee will be charged for printing the last three month's Reward Point transaction records. Payment for each month's record is HK$10 or a deduction of 500 Reward Points from your MoneyBack account. For example, to print out the last 2 months' Reward Point transaction records, the fee would be HK$20 or a deduction of 1000 Reward Points from your MoneyBack account.|
|4.3||If cash coupons from our stores or other cash coupons and discounts are used during the purchase, Reward Points will be calculated based on the net purchase amount. Reward Points will not be calculated on cents. For example, if the net purchase value is $53.9, Reward Points will be issued base on your net purchase value of $50.|
|4.4||Reward Points are valid for two (2) years. Reward Points are personal to you and they are not transferable or assignable to others.|
|4.5||From time to time Reward Points may not be issued for the purchase of certain commodities or services, or when you are entitled to some other benefits or when you are also a member of other programs. Notices of such restrictions will be posed on the Program Website and/or in the Retail Outlets for your information.|
|4.6||Upon accumulating certain Reward Points by purchasing at the Retail Outlets, you may redeem Cash Coupons by using your Reward Points. The redeeming rate is 500 Reward Points to a HK$10.00 Cash Coupon. Each redemption needs to be a multiple of HK$10.00. You may redeem only to a maximum of $50 Cash Coupons everyday.|
|4.7||It is necessary for you to present your MoneyBack Card at the point of use (including the earning of Bonus Ponits, Bonus Points redemption, conversion, etc.).|
|4.8||If you are entitled to a refund in relation to any goods or services purchased, the Reward Points awarded for that purchase will be deducted from and adjusted in your MoneyBack Card when the refund is made.|
|4.9||Benefits, including Reward Points issued during one-off promotion (e.g. during Our Partners' launch) will be governed by the rules of the specific promotion and may expire after the end of that promotion.|
|4.10||We have the right to (a) adjust, withdraw or cancel any rewards or benefits including Reward Points awarded or to be awarded to you; (b) terminate your membership; at any time at our sole discretion without prior notice to you.|
|5.||Conditions for using Cash Coupon and Redemption Voucher|
|5.1||Cash Coupon may be used to exchange an equivalent amount of goods or services at the applicable Retail Outlet on or before the expiry date stated on the Cash Coupon. The Cash Coupon shall be invalid after the expiry date.|
|5.2||Redemption Voucher may be used to redeem specified products at the applicable Retail Outlet on or before the expiry date stated on the Redemption Voucher. The Redemption Voucher shall be invalid after the expiry date.|
|5.3||Cash Coupon and Redemption Voucher are not transferable or assignable. You need to present your MoneyBack Card when you use them.|
|5.4||The Cash Coupon and Redemption Voucher will not be accepted for PARKnSHOP Direct (includes orders by phone, fax or through Online Shopping) or as deposit for purchases (including hire purchases).|
|5.5||The Cash Coupon and Redemption Voucher are not exchangeable for cash or other coupons. No change will be given either in cash or in other form when using the Cash Coupon in your purchase.|
|5.6||The Cash Coupon and Redemption Voucher are invalid and not replaceable if lost or found defaced or damaged.|
|5.7||We reserve the right of final decision in case of any dispute arising from the Cash Coupon and Redemption Voucher.|
|5.8||The use of the Cash Coupon and Redemption Voucher may be subject to further restrictions imposed by us or Our Partners from time to time.|
|5.9||If you are entitled to a refund in relation to any goods or services purchased by using a Cash Coupon (whether in partial or full settlement for the purchase), or, if your return of the redeemed product under a Redemption Voucher is accepted by us, relevant adjustments will be made to the Reward Points in your MoneyBack Card (giving credit to the redeemed Rewards Points and deducting the Rewards Points earned for that purchase) when the refund or return of product is made.|
|6.||Malfunctions / Loss of MoneyBack Card|
|6.1||If your MoneyBack Card malfunctions due to no fault of yours and you have not damaged or tampered with it in any way, you may recover any Reward Points by returning your MoneyBack Card to us (for address please see our Program Website).|
|6.2||You should notify us immediately by calling the MoneyBack Customer Hotline if your MoneyBack Card has been lost or stolen. We shall not be responsible for any loss (including Reward Points and Cash Coupons) suffered by you in relation to your lost card.|
|6.3||In determining the remaining amount of Reward Points to be transferred to your replacement MoneyBack Card, the records held by us shall be treated as conclusive evidence of the amount of the remaining Reward Points.|
|6.4||We reserve the right not to re-issue your Reward Points to you in case of lost / stolen MoneyBack card.|
|7.||Return or Cancellation of your MoneyBack Membership |
If you return (other than due to malfunction as described under clause 6.1) or cancel your MoneyBack Membership, the Reward Points as recorded on your MoneyBack Card will be forfeited and your Membership will be terminated.
|8.1||In the event that your MoneyBack Card is not used for a specified period (currently, 365 days), we will, for your own and our protection, deem your MoneyBack Card to be no longer in use, and we will deactivate your MoneyBack Card and all your accumulated Reward Points will be forfeited. You may need to reapply for a new Membership if you wish to rejoin the Program.|
|8.2||As the Program operates through systems which rely on communication networks, electricity networks etc., which may be beyond our control, we cannot always ensure that the Program operates at all times. However we will make all reasonable efforts to ensure our system supports the operations in connection with the Program.|
|8.3||Reward Points or any kind of targeted offers, special offers, benefits are personal to an individual Member and cannot be transferred. You should not transfer your MoneyBack Card or your Membership's benefits to any other person.|
|8.4||We may provide you with new services associated with your Membership from time to time, and these new services will be governed by these Terms and Conditions and the terms and conditions of the respective services.|
|8.5||If we are going to terminate the Program, we shall give you at least three (3) months notice by advertising in major newspapers, as well as in the Program Website.|
|8.6||If you breach or we have reasonable ground to believe that you have breached these Terms and Conditions, we may suspend or terminate your Membership and seek to recover any damages that your breach may have caused to us or Our Partners.|
|8.7||You must not tamper with the MoneyBack Card (including, but not limited to, the software and the data recorded on the MoneyBack Card) in any way. Tampering with the data on MoneyBack Card may be a criminal offence. We will not honour transactions and any benefits, including Reward Points if your MoneyBack Card has been tampered with.|
|8.8||We have the right to claim and recover reasonable costs, expenses, losses and damages suffered or incurred by us or Our Partners as a result of your altering or interfering, or allowing a third party to alter or interfere, with the data on your MoneyBack Card.|
|8.9||We may make changes to these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions will be available on the Program Website.|
|9.||English Version Prevails: |
If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.
|10.||Governing Law |
These Terms and Conditions shall be governed by the laws of Hong Kong SAR.
|11.||Personal Information Collection Statement (‘PICS’). |
Notice relating to the Personal Data (Privacy) Ordinance (the 'Ordinance')
|11.1||In order for you to become a Member of the Program, it is necessary for you to provide us with your personal information ("Personal Data"). If you are unable or unwilling to provide us with complete and correct Personal Data, we may not be able to provide or continue to provide the services under the Program to you.|
|11.2||We shall keep your Personal Data confidential at all times. Our policies and practices with respect to the collection, use, retention, disclosure, transfer, security and access of Personal Data will be in accordance with the laws of Hong Kong and are as set out in this PICS.|
|11.3||You agree that all the Personal Data provided by you to us and all information relating to the use of your MoneyBack Card may be used and retained by us for:|
|a. processing your application for MoneyBack membership; |
b. providing you with the services under the Program;
c. carrying out data sorting and analysis to enable us to better understand your characteristics and buying behaviour and to provide other services better tailored to your needs, and to assist us in selecting Retail Goods or Services that are likely to be of interest to you;
d. providing you with regular communications from us with details of the Program and its benefits;
e. the normal management, operation and maintenance of the Program;
f. designing new or improving existing services provided by us, our subsidiaries, our affiliates or Our Partners to you;
g. investigation of complaints, suspected suspicious transactions and research for service improvement;
h. prevention or detection of crime;
i. disclosure as required by law;
j. aggregated behavioral analysis.
|11.4||We would also like to use your Personal Data (including your name, telephone number, address and email address and other information you have provided to us in the Moneyback application form) for direct marketing to you (whether by post, email, phone, SMS or the like) in relation to:|
|a. offers and promotions from us and our Partners; |
b. offers and promotions from our subsidiaries and our affiliates;
c. offers and promotions from other companies within CK Hutchison Holdings Limited, in relation to telecommunication goods and/or services, e-commerce services, insurance products and services, hotel and tourism services and real property and related services;
d. other offers and promotions from the third party merchants that we cooperate with to provide benefits to our members in relation to the following types of products or services:
• Retail Goods or Services (as defined above);
• Financial, insurance, banking and credit cards;
• Transportation, travel and accommodation;
• Sports, leisure, recreation and entertainment;
• Telecommunications products and services
• E-commerce (including trading and payment platforms and online auctions)
Please note that we cannot so use your Personal Data unless we have received your consent.
|11.5||We may disclose and transfer (whether in Hong Kong or abroad) to our agents or contractors under a duty of confidentiality to us who provide administrative, data processing, research and marketing, distribution, telecommunications, professional or other similar services to us and to any of our actual or proposed assignees or transferees of our rights with respect to you in connection with a merger, sale or transfer (whether of assets or shares), to use, hold, process or retain such Personal Data for the purposes mentioned in 11.3 and 11.4 above on our behalf.|
|11.6||You have the right to:|
|a. check whether we hold any of your Personal Data; |
b. access your Personal Data held by us;
c. require us to correct any Personal Data which is inaccurate;
d. ascertain our policies and practices (from time to time) in relation to Personal Data and the type of Personal Data held by us;
e. opt out from receiving direct marketing materials from us at any time.
Any request in relation to the above shall be in writing (sent by post or email) and addressed to :
MoneyBack Customer Service Department
9/F., Watson House, 1-5 Wo Liu Hang Road,
Fo Tan, Shatin, New Territories, Hong Kong
Email address: firstname.lastname@example.org
For enquiries, please contact the MoneyBack Customer Hotline.
|11.7||In accordance with the Ordinance, we have the right to charge you a reasonable fee for the processing of any Personal Data access request.|
|11.8||Nothing in this clause 11 shall limit your rights under the Ordinance.|