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‘above’ Loyalty Programme Membership for The Marco Polo Club Members

TERMS AND CONDITIONS

1 Introduction
1.1 Swire Properties Limited (the “Company”, “our” or “we”) would like to offer membership of the ‘above’ Loyalty Programme (the “Programme” or “‘above’”) to certain members of Marco Polo Club (a loyalty programme offered by Cathay Pacific Airways Limited) (“MPC”) on the terms and conditions contained herein (such terms and conditions as they may be amended by the Company from time to time at its sole discretion are referred to as these “Terms”).
1.2 above’ is a loyalty programme for Pacific Place Mall (the shopping mall located at 88 Queensway, Hong Kong) (“Pacific Place Mall”).
1.3 By submitting an application to enroll as an ‘above’ Member (as defined in paragraph 2.2 below), you acknowledge and agree to be bound by these Terms.
2 Eligibility and Membership
2.1 Diamond-tier members of MPC, who are aged 18 or above, will be eligible to apply for a 12-month complimentary ‘above’ gold membership, and Gold-tier and Silver-tier members of MPC, who are aged 18 or above, will be eligible to apply for a 12-month complimentary ‘above’ blue membership (Diamond-tier, Gold-tier or Silver-tier members of MPC are collectively referred to as “Eligible Applicant(s)”).
2.2 Eligible Applicants may, subject to paragraph 2.5 below, apply to become a member of the Programme (“Member(s)”).
2.3 For details of the Programme membership (“Membership”) tiers and eligibility criteria of Eligible Applicants (the “Eligibility Criteria”), please contact ‘above’ at 2844 8988, or above@pacificplace.com.hk, or visit our designated concierge.
2.4 There is no joining fee for the Programme.  The Eligibility Criteria may be amended by the Company from time to time at its sole discretion.  The Company has the sole discretion to decide whether an individual is eligible for Membership and such decision shall be final and conclusive.
2.5 During the application process, Eligible Applicants may be required to submit identification documents and other documents as specified by the Company for registration and verification purposes.  Failure to do so may result in a delay in the processing or a rejection of the application.
2.6 Upon successful registration and verification, a virtual membership card (the “Virtual Card”) will be issued to you as a Member.  You will need to download the Virtual Card on your mobile device to access your Membership card and review your Membership information (including your Points (as defined in paragraph 2.7 below)).
2.7 On earning/accumulating points for the Membership (“Points”), please refer to section 4 of these Terms.  The Company shall be entitled to deem that the holder of the Virtual Card has the authority to act for the relevant Member in all matters (directly or indirectly) relating to the Programme.
2.8 If, in the Company’s sole opinion, a Member abuses any of the Programme privileges, fails to comply with any of these Terms or makes any misrepresentation to the Company, the Company shall be entitled to terminate such member's Membership and/or revoke all the Points that have been earned/accumulated by such member.
2.9 Members should provide up-to-date contact details, including current address, email address and phone number to ensure that all Programme communications can be properly sent to you.  Members should notify the Company immediately of any change in such contact details.
3 Membership validity, upgrade and renewal
3.1 Depending on the date of commencement of your Membership (“Commencement Date”) or the date of renewal / upgrade of your Membership (as the case may be), your Membership will be valid for a period of 12 to 15 months (a “Membership Year”) from the Commencement Date or the date of renewal / upgrade of your Membership (as the case may be).
3.2 Your Membership will be automatically renewed / upgraded upon your earning / accumulating of certain specified numbers of Points (depending on the Membership tiers) during a Membership Year and subject to amendments by the Company at its sole discretion from time to time without advance notice.  Please contact ‘above’ at 2844 8988, or above@pacificplace.com.hk, or visit our designated concierge for any renewal or upgrade details or enquiry.
4 Earning Points
4.1 Subject to the other provisions under this Clause 4, each Eligible Transaction (as defined in paragraph 4.3 below) made by the Member at any of the Qualified Tenants (as defined in paragraph 4.4 below) is eligible to earn Points.  Members will be able to earn one Point for every HKD1 spent, subject to the Cap (as defined below in this paragraph 4.1) and adjustments by the Company at its sole discretion from time to time without advance notice.  Should there be any decimal place in the payment amount, it will be rounded down to the nearest dollar.  Points (including any Points earned under any bonus reward scheme(s) organised by the Company) earned from Eligible Transaction(s) at Van Cleef & Arpels within a Membership Year shall be capped at 3 million Points (the “Cap”).  The Company may, at its sole discretion, offer additional bonus Points through promotions or other benefits to Members.
4.2 Eligible Receipts
4.2.1 To earn Points, you must present electronic payment receipt(s) and receipt(s) in respect of an Eligible Transaction issued by the relevant Qualified Tenant and which are Eligible Receipt(s) (as defined under sub-paragraph 4.2.2 below) at the designated concierge or VIP Lounge at Pacific Place Mall within FOURTEEN (14) days of the purchase date as shown on the Eligible receipts.
4.2.2
(a) Eligible Receipt” means a receipt:
(i) recording any purchase or spending by a Member at a Qualifying Tenant which is HKD100 (or more) and is settled by electronic payment (meaning by credit card, debit card, UnionPay or EPS), and
(ii) which is in its original form and machine-printed, and
(iii) recording electronic payment (mentioned under sub-paragraph (a) above) with the same name as the Member’s name as registered with the Programme.
(b) For the avoidance of doubt, the following is not an Eligible Receipt:
(i) reprinted or copied or duplicated receipts, standalone credit card receipts, hand-written receipts, or deposit receipts,
(ii) receipts for purchase of any gift vouchers or coupons,
(iii) receipts using credit notes, deposit notes, credit vouchers or payments on account in settling payments,
(iv) receipts issued in respect of a transaction that has subsequently been refunded or withdrawn,
(v) receipts showing only a payment or deposit or partial payment, or
(vi) receipts showing purchases settled by gift vouchers
(c) The Company reserves the right to request the Member to present the relevant payment card for verification purposes.
4.2.3 Each Eligible Receipt can only be used once to earn Points and the amount shown on such receipt cannot be split.
4.2.4 All Eligible Receipts will be stamped upon presentation.  Stamped receipts cannot be used for refund at the relevant issuing shop.
4.3 “Eligible Transaction(s)” means any purchase or spending at any Qualified Tenants, but excluding the following purchases or spending:
4.3.1 Any purchases or spending relating to gift certificates, merchant vouchers or cash coupons,
4.3.2 Any purchases or spending relating to banking services, telecommunications services, car parking, hotels, charity donations, exchange or refund receipts, stored-value cards or any value added to stored-value cards, deposits on merchandise and meals, reloading of Octopus Card,
4.3.3 Any purchases or spending relating to membership fee or service plan at PURE Yoga,
4.3.4 Any purchases or spending relating to any private or corporate events, and
4.3.5 Tips or any form of gratuity payments.
4.4 “Qualified Tenant(s)” means any restaurants, outlets and shops located at Pacific Place Mall, and for the avoidance of double, excluding offices and tenants at Pacific Place office towers (namely, One Pacific Place, Two Pacific Place and Three Pacific Place) and restaurants and shops located at the Starstreet Precinct.
4.5 In the case of dispute, the Company reserves the right to request the Member to submit further documents or evidence of the spending in relation to an Eligible Transaction or Eligible Receipt for verification.
4.6 Points are not transferable.
4.7 The Company reserves the right to withhold Points (which may otherwise be earned from an Eligible Transaction) if the Company suspects such transaction to be fraudulent.  In such case, the Company is also entitled to suspend the Member’s Membership for assessment until further notice or terminate such Membership.
4.8 Points have no cash value, and are not exchangeable for cash.  Points cannot be sold, purchased, assigned, or transferred, except as specifically provided for in these Terms or as may be permitted  by the Company at its sole discretion.
4.9 Terms and conditions on earning Points may be amended by the Company at its sole discretion from time to time and will form parts of these Terms.  Please refer to any updated notice as may be issued by the Company through various communication channels from time to time.
5 Redemption of Rewards
5.1 Members may use their Points to redeem vouchers, goods or services as specified by the Company from time to time (“Reward(s)”), subject to availability on a first-come first-served basis.  Requests for redeeming Rewards are subject to the Company’s acceptance.  If such request is accepted by the Company, the required Points for the Reward will be deducted from the Member's account.  Requests will be cancelled automatically in the event of insufficient Points.
5.2 For Rewards in the form of vouchers, they shall be collected by Members at the designated redemption counter / VIP lounge.  For Rewards in the form of physical goods or services, they shall be collected or used by Members at the shops of the merchants responsible for the supply of such goods or services (“Merchants”).
5.3 Rewards cannot be exchanged for cash, and requests for redeeming Rewards submitted by Members cannot be revoked or cancelled.
5.4 For Rewards which are issued or supplied by Merchants, the Company shall not be liable for any loss or damage as a result of the use of, or arising from, any such Rewards.
5.5 Collection of the Rewards must be done on or before the date as specified on the redemption notification issued by the Company.  Any failure on the part of the Member to do so for any reason whatsoever will result in the automatic forfeiture of the Reward concerned.  For the avoidance of doubt, the Points used in the redemption of the Reward will not be returned or credited back to the Member notwithstanding the failure to collect the Reward or in the case of vouchers, if the Redemption notification letter was not delivered for any reason attributable to the Member's own fault (e.g. furnishing an incorrect delivery address to the Company) or negligence.
5.6 The Company shall not be responsible for the condition of the Reward, the operation of the Reward or any damage, loss or bodily injury arising from usage of the Reward.  All queries (including product warranties) regarding the Reward redeemed shall be raised with the relevant Merchant directly.  Any dispute concerning the Rewards (quality or otherwise) shall be settled between the Member and the relevant Merchant.  The Company shall not be liable for any product warranty or quality issues.
5.7 All Rewards are subject to availability and restrictions may apply as to where and when the Rewards may be redeemed.  The Company reserves the right, at its sole discretion, to discontinue a Reward or to substitute a similar Reward of equal value at any time without notice prior to that Reward being redeemed.
6 Expiry or deduction of Points
6.1 Subject to you qualifying and remaining as a Member, your Points earned during a Membership Year will remain valid until the end of such Membership Year.  Your unused Points will be automatically cancelled upon expiry of a relevant Membership Year or upon termination of your Membership.
6.2 The Company may, at its sole determination, deduct from Member's remaining Points in the following situations:
6.2.1 Any Points suspected to be fraudulently recorded or earned by Member;
6.2.2 Any Points recorded in error; or
6.2.3 Any Points relating to an Eligible Transaction which has been cancelled.
7 Programme Website and Virtual Card
7.1 The Virtual Card is for the sole and exclusive use by the Member.  The Member shall not use or knowingly allow any other person to use the Virtual Card (or any related information).
7.2 You acknowledge that there may be a time lag in transmission of instructions, information or communication relating to the Programme.
7.3 You shall act in good faith, exercise reasonable care and diligence in keeping your Virtual Card (and its related information).
7.4 You shall be fully responsible for any accidental or unauthorised disclosure or use of your Virtual Card (or any related information) and shall bear the risks of your Virtual Card (and any related information) being used by unauthorised persons or for unauthorised purposes.
7.5 Upon notice or suspicion of your Virtual Card (or any related information) being disclosed to any unauthorised person or for unauthorised purposes, you should notify the Company in person as soon as practicable (and the Company may ask the Member to confirm in writing on any details given) and, until the Company’s actual receipt of such notification, the Member shall remain responsible for any and all use of the Virtual Card by unauthorised persons or for unauthorised purposes.
7.6 The welcome email shall be deemed to have been received by you after registration.  If you have not received such email, it is your duty to enquire with the Company.
7.7 None of the Company or any information provider warrants or represents that the Virtual Card and related information is free from virus or other destructive features which may adversely affect the Member's devices, including its hardware, software and/or equipment.
8 ‘above’ members only VIP lounge
8.1 Only ‘above’ Black Members and other Members as may be permitted by the Company (“Eligible Member(s)”) are allowed to access the ‘above’ VIP lounge (the “Lounge”).
8.2 Each Eligible Member must present his/her valid Virtual Card in order to access the Lounge.
8.3 Each ‘above’ Black Member may bring one guest (aged 18 or above) for every visit to the Lounge.  The guest must be accompanied by the Member at all times in the Lounge.
8.4 ‘above’ Black Member may register one guest (aged 18 or above) under his/her Membership account, and such guest will be allowed access to the Lounge (without the need to be accompanied by the Member).  Privileges for such guest are limited to access to the Lounge and services provided at the Lounge only.
9 Data Privacy and Security Policy
We are committed to protecting the privacy of the personal data we hold. Our Data Privacy and Security Policy, as amended from time to time, may be accessed at http://www.swireproperties.com/en/privacy-statement.aspx.
10 General
10.1 The Company reserves the right to terminate or suspend the Programme (including your Membership) or revise these Terms at any time with or without notice and without having to give any reasons for doing so.  The Company may (but shall not be obliged to) give advance notice to Members in the manner it deems appropriate in the event it decides to terminate or suspend the Programme or revise these Terms.
10.2 The Company’s failure to enforce a particular term herein does not constitute a waiver of that term by the Company.
10.3 The Company assumes no responsibility for any claims, losses, costs, expenses or damages of whatever nature resulting from the redemption of Rewards.
10.4 Suspected or actual fraud and/or suspected or actual abuse relating to the accumulation of Points or redemption of Rewards may result in immediate forfeiture of accumulated Points as well as termination of Member's Membership.
10.5 All questions or disputes regarding the eligibility for the Programme will be determined by the Company at its sole discretion.
10.6 Notices to Members may be sent via email or regular mail.  Website about the Programme (above.pacificplace.com.hk) may also displays notices on changes to these Terms or other matters.
10.7 These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”).  Any disputes relating to, arising out of or in connection with these Terms or the Programme shall be submit to the courts of Hong Kong.
10.8 The Company reserves the right to amend these Terms at any time without prior notice.
10.9 These Terms are written in the English language and may be translated into other languages.  In the event of discrepancies between the English and the translated version(s) of these Terms, the English version shall prevail.
10.10 These Terms are intended to be enforceable by Our Representatives (as defined below) by virtue of the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) (the “Third Party Rights Ordinance”).  Save as provided in this paragraph 10.10, you agree that no provision of these Terms should be enforceable, by virtue of the Third Party Rights Ordinance, by any other person.  These Terms may be rescinded or varied in any way and at any time by the Company without your consent or the consent of Our Representatives.
10.11 The invalidity of any provision of these Terms (or parts thereof) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision).
10.12 You may not delegate, assign or transfer these Terms or any rights or obligations under these Terms.  The Company may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or notice.
11 Disclaimers
11.1 You agree to bear all risks associated with your participation in the Programme and/or the redemption and use of Rewards.  The Company and the Company’s officers, directors, employees, agents, contractors and affiliates (together, “Our Representatives”) make no representations or warranties of any kind (whether express or implied):
11.1.1 on the operation, condition or quality performance of the Programme.  We make no representations or warranties that the participation in and/or access to the whole or part(s) of the Programme, Programme materials, contents, information and/or functions contained therein will be provided without interruption, timely, secure and error-free,
11.1.2 on the quality of Rewards items redeemed by Member, including its merchantability, suitability or fitness,
11.1.3 that any of content of the Programme is free of virus or other harmful computer codes or components.
11.2 You will be solely responsible for any damage to your device or loss or data that results from the downloading or use of any materials or contents relating to the Programme.
11.3 Limitation of Liability: In no event shall the Company or Our Representatives be liable to you for any property damage, loss of data, computer, mobile or malfunction or force majeure events or losses or costs or any other forms of direct or indirect, special, incidental, consequential or punitive damages (including but not limited to damages for loss of profits, goodwill, data or other intangible losses even if the Company and its partner(s) have been advised of the possibility of such damage(s)) from any causes of action arising out of or relating to your participation in the Programme and/or the redemption and use of Rewards, whether arising in contract, tort (including without limitation, negligence) or otherwise, as a result of or in connection with your participation in the Programme and/or the redemption and use of Rewards, and you hereby waive any right to make such claims.