Terms and Conditions for Fairview Park Town Centre “Green Reward” VIP Club Membership Application

Eligibility for Fairview Park Town Centre “Green Reward” VIP Club Membership

1. Subject to the terms and conditions set out below, Fairview Park Town Centre “Green Reward” VIP Club is open to any Hong Kong residents.

2. In order to be eligible to join the Fairview Park Town Centre “Green Reward” VIP Club, an applicant must meet all the following criterion:

(a) Be an individual/natural person;

(b) Be aged 18 or above;

(c) Be able to receive SMS message on a Hong Kong mobile phone number;

(d) Be able to receive email messages; and

(e) Must not be an employee or family member of an employee of Fairland Resources Limited (including any sub-contractors), marketing / promotion agents and tenants of Fairview Park Town Centre (“Town Centre”).

3. Town Centre reserves the right to terminate membership of any Participating Member at any time (for example, for breach of these terms and conditions, for cheating or for causing nuisance). Town Centre is not obliged to provide reasons for any termination of membership.

Registration for Fairview Park Town Centre Green Reward” VIP Club Membership

 4. An applicant can only apply to join the Fairview Park Town Centre “Green Reward” VIP Club by submitting an application via our mobile phone app “Fairview Town Centre” on the official app store of Android, iOS and/or other operating system store that Town Centre may publish from time to time (the “App”).

5. An application is only valid after completing the registration procedures within the App. This may include, but is not limited to:

(a) providing the necessary personal information of the applicant;

(b) verification of Hong Kong mobile phone number; and/or

(c) verification of email address.

6. Each applicant can only be registered for Fairview Park Town Centre “Green Reward” VIP Club once and each Hong Kong mobile number can only be registered once. Duplicate registrations are not allowed and Town Centre may terminate all duplicate memberships or applications without notice.

7. In case of dispute on whether an applicant has been validly registered as a Participating Member, Town Centre has the sole and absolute discretion to determine the validity of registration.

Terms and Conditions of Membership

8. An applicant for membership of Fairview Park Town Centre “Green Reward” VIP Club is only deemed validly registered after successfully logging in to the App as a member for the first time (“Participating Member”).

9. It is the responsibility of Participating Member to ensure that any personal information provided during the application process is accurate and up-to-date. If there is any error or change in the contact details, it is the responsibility of the Participating Member to inform Town Centre of such change. Town Centre will not be responsible for any loss or liability arising from failure to deliver any message or information to any member, whether it is due to missing/inaccurate information or otherwise.

10. From time to time, Town Centre may send promotional/marketing materials, updates on Fairview Park Town Centre “Green Reward” VIP Club, seasonal greetings, updates on Town Centre, information on operations, etc. to the registered mobile phone number or email address of the Participating Member. If the Participating Member wishes to opt-out of direct marketing messages and emails, please contact the Customer Service Counter directly in person or email to frl@fairlandgroup.hk.

11. Town Centre will not be responsible for any loss or damage to any equipment (including but not limited to phones, computers, tablets) that are infected, damaged or destroyed as a result of using the App.

It is the responsibility of the App users (including Participating Members) to update to the latest version of the App. Any loss or liability from failure to do so shall not be borne by Town Centre.

12. Town Centre reserves the right to change the terms and conditions of the membership of Fairview Park Town Centre “Green Reward” VIP Club and the operation of Reward Points system (including but not limited to eligibility for Reward Points, redemption of Reward Points and validity of Reward Points) without prior notice to Participating Members.

13. Town Centre reserves the right to alter, suspend or cancel Fairview Park Town Centre “Green Reward” VIP Club at any time and will endeavour (but is not bound to) to notify Participating Members through notices in Town Centre, email, SMS or its website. Town Centre shall not be responsible for any loss or damage (whether potential or actual) arising from such decision(s).

14. In case of any dispute, the decision of Town Centre or Fairland Resources Limited shall be final and conclusive.

15. These Terms and Conditions are governed and construed in accordance with the law of Hong Kong Special Administrative Region (“Hong Kong”) and any disputes arising shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.

16. If any part of these Terms and Conditions is held to be unenforceable or invalid, such unenforceability or invalidity will only be limited to such part. The unenforceable or invalid part shall be deemed as severed from the other terms which will remain in full effect and in full force.

17. In the event that there is any inconsistency between the English and Chinese version of these Terms and Conditions for Fairview Park Town Centre “Green Reward” VIP Club, the English version shall prevail.

Data Access and Data Privacy

18. The primary purpose of the personal information collected during the application process or for Fairview Park Town Centre “Green Reward” VIP Club is to enable Town Centre to contact Participating Members and verify their identity for awarding Reward Points and gift redemption, and for promotion purposes.

19. Failure to provide information requested by Town Centre or providing incorrect information to Town Centre may result in the suspension or termination of the membership of Participating Member.

20. A Participating Member has the right to request access to and/or correction of Personal Data held by Town Centre in accordance with the provisions of the Personal Data (Privacy) Ordinance.

21. For access request, please fill in the Data Access Request Form (No.OPS003 issued by the Privacy Commissioner for Personal Data) or any other form as prescribed by the Privacy Commissioner for Personal Data, Hong Kong.

22. Any data access request or data correction request may be made to our Data Protection Officer in one of the following ways:

By Email:          frl@fairlandgroup.hk

By Post:         Data Protection Officer,

Unit No.9-11, 1/F., Block A, Town Centre, Fairview Park, Yuen Long, New Territories, Hong Kong.

23. Town Centre or Fairland Resources Limited reserves the right to charge a reasonable fee for processing any data access request under the Ordinance. Failure to pay such fee may result in such request being denied.

Reward Points

Reward Points System

24. For spending by Participating Member that satisfies all the following conditions (“Eligible Spending”), the receipts of such spending shall be eligible for claiming Reward Points by the Participating Member:

(a) The payment must be made to a shop tenant located in the Town Centre;

(b) The payment was not for the following shops or services, including but not limited to: real estate agencies, domestic helpers agencies, car park, kiosk, exhibition, temporary promotion booth, charity donation, remaining amount of hire purchase receipts, any value adding or payment receipt, any receipt of buying or using gift voucher/cash coupon/gift card/membership card/member card/points card/discount card/stored value card/add value card/credit card point rebate/food coupon or any goods redemption coupon, receipts from banks, repair or renovation work receipt, cash payment receipt, reprint receipt or invoice, purchase of Octopus, Octopus value adding, purchase of parking card, telecom bill, phone card fee, ticket selling services (for example Ocean Park tickets), education related or private tuition fees (other than fees for tutorial/interest classes and education institutions inside Town Centre), membership services, online purchase, email or phone purchase, any payment service through convenience store or post office and cancellation/refund on transactions; and

(c) The spending was not made in the Fairview Park Country Club.

25. Upon presenting receipts for Eligible Spending, only receipts that satisfy all the following conditions (“Eligible Receipts”) will be granted Reward Points to the Participating Member:

(a) The receipt must be issued by a shop located in the Town Centre. Only machine printed receipts with chop of shops in Fairview Park Town Centre (if the receipt is a handwritten receipt, the receipt must be with chop of the shop and the goods purchased must be presented at the same time) will be accepted. Credit card slip will not be accepted;

(b) The name and address of the shop issuing the receipt, the date of transaction, the date of issuing the receipt, the goods or services purchased, receipt number, the transaction amount and method of payment must be clearly set out and be easily identified from the receipt;

(c) The receipt must be the original receipt and is in good condition. Damaged receipts, photos/photocopies of receipts or revised/re-printed receipts are not accepted.

(d) If the receipt consists of some items qualifying for Eligible Spending and some items that do not, it must be easily identifiable from the receipt which items and what amount constitutes Eligible Spending. Failing that, the whole receipt will not be regarded as an Eligible Receipt;

(e) The receipt must be a final receipt and an evidence of payment instead of a demand for payment on a future date. For Eligible Payments of deposit or partial settlement, only the value of actual amount already paid on such receipt will be awarded Reward Points;

(f) The final payment made for Eligible Spending ;(after all discounts, rebates, use of coupons and deductions) for each individual receipt must be at least HK$50;

(g) The date of original/first purchase on the receipt or the date of the receipt (whichever is the earlier date) must be within 30 days of the date it is presented for claiming Reward Points (“Redemption Period”). Receipts beyond its relevant Redemption Period will cease to be an Eligible Receipt;

(h) The receipt must be paid or settled by the Participating Member claiming the Reward Points; and

(i) The receipt must not have previously been used for redeeming Reward Points.

Every Eligible Receipts must satisfy all the requirements of Eligible Spending and Eligible Receipts to qualify for Reward Points.

27. For every Eligible Spending of HK$50 on Eligible Receipt, one (1) Reward Point will be awarded subject to maximum of one hundred (100) Reward Points for each Eligible Receipt. If there is any remaining Eligible Spending of under HK$50 on an Eligible Receipt after redemption, these amounts will not be counted or aggregated towards the redemption of Reward Points. No Eligible Receipt can be used jointly with any other Eligible Receipt for redemption of Reward Point.

28. Cents or decimal places on Eligible Spending are disregarded and there shall be no rounding up of Eligible Spending.

29. Each member may only redeem a maximum of 100 points per day. Eligible Reward Points beyond the daily maximum will be forfeited.

30. Reward Points are valid from the date of granting to the subsequent 31st March. For the avoidance of doubt, Reward Points granted on 31st March will expire on the same day. At the start of the day on the 1st April of each year, all Reward Points will be cleared and the Reward Points balance of each Participating Member will be reset to zero. All points cleared will be deemed forfeited and are no longer eligible for redemption.

31. The Reward Points and Reward Points transaction history stated on the database of Fairview Park Town Centre“Green Reward” VIP Club shall be the full and final record. The Reward Points balance shown on the App may not be up-to-date or accurate due to system malfunction or maintenance.

Claiming Reward Points

32. In order to claim Reward Points from Eligible Receipts, a Participating Member must present the Eligible Receipts at the Customer Service Counter in Town Centre during its operation hours within the Redemption Period.

33. The Reward Points must be claimed by the Participating Member making the Eligible Spending resulting in Eligible Receipt.

34. Town Centre reserves the right to require Participating Members to produce identification document or the means of settling Eligible Spending on the Eligible Receipt (for example Hong Kong Identity Card, Credit Card, EPS card, Debit Card, Apple Pay interface, Android Pay interface, Samsung Pay interface, QuickPass interface, WeChat Pay interface, AliPay interface and other Stored Value Facilities interface under the Payment Systems and Stored Value Facilities Ordinance (PSSVFO)) to confirm the validity of the Eligible Spending/Eligible Receipt. Town Centre may withhold the award of Reward Points until it is fully satisfied of the validity of the Eligible Spending/Eligible Receipt.

35. Upon the Participating Member presenting Eligible Receipts for claiming Reward Points, Town Centre will stamp, imprint or mark any Eligible Receipts to indicate that the particular Eligible Receipt has been presented for redemption. Town Centre is not responsible for any liability or loss resulting from such stamping, imprinting or marking of the Eligible Receipts (including but not limited to the shop declining to offer refund or rebate as a result). The stamp, imprint or mark will not be removed even if the receipt is subsequently determined to be not eligible for Reward Points.

36. It is the Participating Member’s own responsibility to verify and confirm that the correct number of Reward Points has been granted at the time of claiming. Reward Points will not be re-issued after leaving the Customer Service Counter.

37. Each Participating Member can only claim Reward Points for 10 individual Eligible Receipts at a time. If a Participating Member intends to claim Reward Points for more than 10 individual Eligible Receipts, the Participating Member will be required to queue again after the Customer Service Counter has processed 10 Eligible Receipts.

38. Notwithstanding any other provisions to the contrary, Town Centre has the power to reverse or deduct Reward Points granted to Participating Member at any time without prior notice.

39. If the Participating Member return/refund or received rebate on Eligible Spending subsequently, he/she is obliged to return the corresponding Reward Points.

Redeeming gifts from Reward Points

40. All gifts from Reward Points can only be redeemed by presenting the App at the Customer Service Counter during its operational hours.

41. Town Center has the absolute discretion to decide the number of Reward Points required for each gift and to vary such number from time to time. The number of Reward Points required for each gift shall be the number currently set at the time of redemption.

42. Participating Members must have sufficient Reward Points balance for each gift individually at the time of gift redemption. There is no discount for bulk redemption and the requisite Reward Points for redeeming multiple gifts is the same as the total for redeeming each gift individually.

43. The Reward Points must come from one Participating Member account only and no pooling/aggregating of Reward Points between multiple Participating Members or advancement of Reward Points is allowed.

44. Once the gift has been released to the Participating Member, the requisite Reward Points will be immediately deducted from the same Participating Member’s Reward Points balance. It is the responsibility of the Participating Member to verify that the correct number of Reward Points has been deducted and to inform the Customer Service Counter immediately of any mistake. Town Centre will not retrospectively credit any Reward Points mistakenly deducted once the Participating Member has left the Customer Service Counter after gift redemption.

45. Participating Members should check the redeemed gifts for any possible defect or damage and inform the staff immediately if any is found. The staff of Town Centre will endeavour to replace or exchange the gift with another gift. Failing that, Town Centre shall substitute for a different gift at its sole discretion. Once the Participating Member has left the Customer Service Counter after gift redemption, gifts will not be replaced or exchanged.

46. Gifts will only be released to the Participating Member matching the name provided at the time of registration for membership. Town Centre reserves the right for its staff to request identification document for verification.

47. The gift catalogue and the corresponding number of Reward Points required to redeem each gift posted on the website of Town Centre shall be the full and final version used at the time of redeeming gifts.

48. All redeemed gifts cannot be refunded for Reward Points or cash. Cash is not accepted to meet any shortfall on requisite Reward Points for gifts.

49. All photos and product information of gifts are provided for reference only. The actual gift may be different and may not conform to the information provided in the photos.

50. Town Centre accepts no liability in relation to the product or services from its gifts (including but not limited to dimensions, quality, maintenance and warranty, purpose, specifications, functions and service). Town Centre is neither the supplier nor the producer of the product nor provider of services of its gifts.

51. Gifts are provided at a first come first serve basis and gifts may not be available for the full duration of any promotion period. All gifts are available while stocks last and are of limited quantity. Town Centre reserves the right to remove certain gift or substitute another gift at any time without prior notice.

52. If the Eligible Receipt which the Participating Member redeemed such gift from has been refunded (whether partially or fully) or been given cash rebate, the Participating Member should return the gift redeemed to the Customer Service Counter.

Terms and Conditions for Reward Points System

53. Town Centre may require Participating Members to allow its staff to make copies of the original Eligible Receipt, identification document or means of making such purchases for verification and record keeping. If the Participating Member does not consent to such request, Town Centre reserves the right to withhold or decline to grant any Reward Points that may be awarded.

54. Town Centre reserves the right to withhold, suspend or reverse the Reward Points granted in the following scenario without notice to a Participating Member:

(a) The Participating Member is not or has been subsequently discovered to be not eligible to participate in the Fairview Park Town Centre “Green Reward” VIP Club;

(b) The Participating Member has been suspended or terminated;

(c) Spending on receipts that are not considered or no longer considered Eligible Spending or Eligible Receipts;

(d) Refund or the withdrawal of the transaction (whether in partial or in full) which resulted in the issuance of the Eligible Receipts;

(e) Duplicate receipt number;

(f) Suspicious transactions; or

(g) Possible or actual erroneous or mistaken grant of Reward Points.

55. The grant of Reward Points for large sum purchases (particularly those made with cash) may be temporarily withheld in order for Town Centre to confirm the validity of such purchase.

56. If the Participating Member return/refund or received rebate on Eligible Spending subsequently, he/she is obliged to return the corresponding Reward Points.

57. From time to time, Town Centre may engage in promotions and grant bonus Reward Points. The bonus Reward Points are granted on the sole and final discretion of Town Centre and the version of the promotional material posted at the Customer Service Counter shall be the final version of any promotion.

58. It is the responsibility of Participating Members to keep the login details and password secure. Town Centre will not be liable for any loss arising for hacking, phishing or malicious use of a Participating Member’s account.

59. Reward Points are for the sole use of the Participating Member and are not transferrable.

60. Reward Points have no cash value and cannot be exchanged for cash.

61. Reward Points cannot be used in conjunction with other offers or promotions by Town Centre.

62. Town Centre reserves the full and final right to determine the eligibility for Reward Points and the amount of Reward Points granted for any Eligible Receipt. The decision of Town Centre shall be final where any dispute arises.

63. Town Centre reserves the full and final right to amend the Terms and Conditions on the Reward Points (including but not limited to the qualifying amount for Eligible Spending without prior notice) from time to time by posting on its website and shall be binding on all Participating Members.

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