Billion Club Card Program Agreement
This Agreement contains the terms and conditions governing the Billion Club Card Program (the “Program”), which is effective from October 2007. Please read and understand this Agreement carefully.
1.1 This Agreement is a contract between you, our customer, and us, Billion Club, the issuer of Billion Club Card (the “Card”). All the transactions using the Card are subject to the Terms and conditions of this Agreement. By using the Card or by otherwise participating in the Program, you agree to be bound by this Agreement. Your Card remains the property of Billion Club and must be returned upon our request.
This Program enables you to enjoy our services with the following privileges and convenience :-
2.1 By showing your valid Card, BOTH OF YOU and ONE (1) of your friends accompanied with you can get FREE ENTRY to our club during the hours of operation subject to the availability of vacancies, dress codes and other rules, regulations or policies as required by us from time to time at our sole discretion.
2.2 Upon your first successful application of the Card you can get ONE FREE BOTTLE OF WINE (choice: champagne, whisky or vodka)
2.3 You can pay for your purchases of our goods and services using the value stored on your Card at our club; and
2.4 We may also provide you with other privileges associated with your Card from time to time subject to our sole discretion.
3 ADDING VALUE TO YOUR CARD
3.1 In order to be able to use the Card to make payments for the goods and services at our club, you will need to add value to your Card by presenting cash or credit Card (Visa, Master, A.E.) or such other means as we shall determine from time to time at our sole discretion.
3.2 The minimum amount of each adding value service to your Card shall be HK$12,800.00 or such other amount as we shall determine from time to time at our sole discretion.
3.3 The value added or stored on your Card cannot be redeemed for cash, but for your purchases of our goods and services at our club within ONE YEAR from the respective date of adding value each time.
4 PROPER USE OF YOUR CARD
4.1 The Card will have your identity and personal data and therefore is Not transferable. You will be entitled to hold one Card only. You must not allow anyone to use your Card. You should take good care of your Card to prevent it from loss, damage or being tampered with. If it is lost, stolen, damaged or tampered with, we may charge you a Administration Fee of HK$3,000.00 for the replacement card.
4.2 You must not tamper with the Card (including but not limited to the Software and the data recorded on the Card) in any way. We will not honor transactions or remaining value if your Card has been tampered with. We are entitled to recover reasonable costs, expenses, losses and damages suffered or incurred by us as a result of your altering or interfering or allowing a third party to alter or interfere, with the data on your Card.
4.3 Our staff and other authorized person shall have the right to inspect your Card including the data in your Card, at any reasonable time. If we find that it is suspicious about the Card being tampered with or fraudulently used, we may cancel the Card or terminate this Agreement forthwith without any preliminary notices and take further action to investigate the matters.
4.4 The Card together with the value stored on the Card will be at your own risk. If your Card has been lost or stolen, you should notify us immediately. However, you shall be responsible for any unauthorized use of your Card unless and until we acknowledge receipt of your notice.
5.1 We may cancel or terminate the Program, the Card, this Agreement or the benefits to participate the Program immediately without notice to you. You may terminate this Agreement at any time by giving us one (1) month prior notice in writing without affecting your obligations under this Agreement. The unused value stored on your Card shall be deemed expired and forfeited upon your termination.
6.1 We may assign the Agreement without your consent. You shall not assign or transfer your Card or this Agreement, or allow others to use your Card.
7 AMENDMENTS & SEVERABILITY
7.1 We may amend the terms and conditions of this Agreement or change the benefits of the Card from time to time at our sole discretion with or without notice to you. The use of the Card will be subject to the rules, regulations and policies as we may determine from time to time at our sole discretion. If there is any dispute as to the use of the Card, we shall have right to decide which decision shall be regard as final, and conclusive.
7.2 If any provision of this Agreement is held to be invalid or Unenforceable, the rest of this Agreement will not be affected.
8 LIMITATION OF LIABILITY
8.1 We shall not be liable to you in any way by reason of any representation, any implied warranty, condition or other term or any duty at common law, for any personal injury and/or property loss or damage, special, incidental or consequential loss or damage, costs, expenses or other claims for compensation whatever which may directly or indirectly arise out of in connection with the use of the Card or this Agreement.
9 DISCLOSURE OF PERSONAL DATA
9.1 You agree that all the personal information and data provided to us and all information relating to the use of your Card may be used by us or disclosed to any third parties for the management, operation and maintenance of the card system, marketing of goods and/or services by us, our subsidiaries, our affiliates or any of our selected business partners or other related purposes.
10 GOVERNING LAW
10.1 This Agreement shall be governed by the laws of Hong Kong SAR.