ELEMENTS CLUB PROGRAMME TERMS AND CONDITIONS
1 - The Programme

    1.1) The ELEMENTS Club Loyalty Programme (hereinafter called the “Programme”) is offered by ELEMENTS (hereinafter called “ELEMENTS”) to customers, whereupon ELEMENTS Points sufficiently earned by a Member of the Programme will be redeemable with gifts (hereinafter called “Rewards”).

    1.2) The Programme is effective from (01 Oct 2007) and shall serve as an on-going or continuing Programme for ELEMENTS Club's eligible Members hereinafter called the “Member”) until ELEMENTS terminates the Programme.

    1.3) The Programme has a website and a mobile app (hereinafter called “Programme Portal”) where the Member can log in using a unique Username and Password provided by ELEMENTS.

    1.4) The Member will be given a password and the Member shall safeguard the password and shall adhere to any procedural, security and other requirements relating to its use.

    1.5) The Programme Portal will allow the Members to, including but not limited to, check the ELEMENTS point balance and view the latest redemption records (hereinafter called “Online Services”).

 

2 - Eligibility and Membership

    2.1) The Programme is open to (i) selected customers by invitation (subject to fulfilment of invitation terms and conditions) and (ii) the public upon fulfilling the specified spending amount by electronic payment within a designated period of time at ELEMENTS.

    2.2) At all times, the eligibility for membership is determined at the sole discretion of ELEMENTS. ELEMENTS' classification on whether an individual is or is not eligible for the membership is final and shall not be open to challenge. There is no joining fee and membership of the Programme is granted at the sole discretion of ELEMENTS whose decision on this shall be final and binding on the parties.

    2.3) To activate membership, the Member is required to submit identification documents and other documents as specified by ELEMENTS for verification. Failure to do so will result in delays /rejection of application.

    2.4) For avoidance of doubt, membership of the MTR Club Programme is not equivalent to this Programme.

    2.5) The Member must present the valid ELEMENTS Club membership card to carry out/enjoy services/activities available under the Programme. Once ELEMENTS has been provided with the ELEMENTS Club membership card and any other particulars that ELEMENTS may reasonably require, ELEMENTS shall be entitled to assume (unless told explicitly otherwise by the Member in writing) that the cardholder has the authority to act for the Member in all matters (directly or indirectly) related to the Programme. The membership and ELEMENTS Points are non-transferable.

    2.6) The Member acknowledges that ELEMENTS may, at its sole discretion, restrict, suspend, withdraw or otherwise alter aspects of or the whole of the Programme, with or without notice at any time to the Member or Members (as the case may be), except as specifically provided herein.

    2.7) If, in ELEMENTS' sole opinion, a Member abuses any of the Programme privileges, fails to comply with any of the terms and conditions herein or makes any misrepresentation to ELEMENTS, ELEMENTS reserves the right to terminate the Member's membership and participation in the Programme or revoke all the ELEMENTS Points that have been earned by the Member. ELEMENTS' determination shall be final and conclusive.

    2.8) The Member must provide at least one contact address including mail, email or phone to ensure that all Programme communications are being sent to the proper address. The Member must notify ELEMENTS Club immediately of any change of contact address including mail, email and phone by giving written notice of such changes.

 

3 - Earning ELEMENTS Points

    3.1) Each receipt with spending of HK$100 or above by electronic payment (including but not limited to Credit card /EPS payment) made by a Member at a Qualifying Tenant at ELEMENTS is eligible for ELEMENTS Points registration. For every HK$1 purchase, the Member will be able to earn one ELEMENTS Point. Should there be any decimal place in the payment amount, it will be rounded down to the nearest dollar. "Qualifying Tenants" means participating tenants identified at the current ELEMENTS website (www.elementshk.com). Members may redeem ELEMENTS Points for Rewards as set out in the current Programme Portal or any other special Rewards Offer Programme as may be determined by ELEMENTS from time to time at its absolute discretion. ELEMENTS reserves the right to change the ELEMENTS Points earning rate at any time without notice, at ELEMENTS' sole discretion.

    3.2) Each printed receipt issued by a Qualifying Tenant and the corresponding payment slip must be registered at the designated counters for ELEMENTS Points redemption. ELEMENTS Points will be calculated by reference to the total spending (as evidenced by the receipts and payments slips) registered with ELEMENTS Club. Occasionally, through specified promotions, additional bonus ELEMENTS Points, or other benefits may be rewarded to the Member.

    3.3) The Member must register a transaction within 30 days from the purchase date OR on or before his/her membership expiry date, whichever is earlier. The Member must present the corresponding electronic payment slip (including but not limited to credit card/EPS payment slip counterfoil) with each valid receipt. All receipts must bear the Member’s name or his associate’s name. ELEMENTS Points will not be issued on any unregistered, cancelled, revoked transaction.

    3.4) For each receipt registered by a Member, he is required to keep all supporting documents for verification purposes by ELEMENTS for a period of TWELVE (12) months from the date of registration of receipt or until such time that all documents have been duly submitted for verification.

    3.5) Purchases made by the Member from all outlets at ELEMENTS, with the exception of Banks, Clinics, Mainland Coach Terminus, membership payment, bill payment, purchase of cash coupons or gift vouchers, deposits on merchandise and meals, reloading of Octopus Card, parking, wedding banquets, private and corporate functions at restaurant outlets, will be eligible for spend accumulation towards Points / Rewards redemptions. Reprinted, photocopied or handwritten receipts will not be accepted.

    3.6) The value of an ELEMENTS gift voucher used in a purchase shall not be eligible for spend accumulation towards Points / Rewards redemptions.

    3.7) Each tenant-printed receipt may only be registered once for either ELEMENTS Point accumulation or ELEMENTS gift voucher redemption. Any successfully submitted transaction may not be changed thereafter. Only receipts and corresponding payment slip (if applicable) bearing the same name as that of the registered Member with ELEMENTS Club or their associate will be accepted for Points registration / Rewards redemptions.

      (3.7.1) Staff of ELEMENTS have the right to request the Member to present proof of identity, the payment receipt or transaction record matching with the electronic payment slip (including but not limited to credit card/EPS payment slip counterfoil) and relevant information for verification and confirmation of the related transaction. Only receipts and corresponding payment slips (if applicable) bearing the same name as that of the registered Member with ELEMENTS Club or their associate will be accepted for Points registration / Rewards redemptions.

    3.8) ELEMENTS reserves the right to withhold ELEMENTS Points earned from transactions that ELEMENTS suspects are purposively and intentionally fraudulent, such as registering ELEMENTS Points for transactions made by others. In this instance, membership will be suspended from all Programme activities for review until further notice.

    3.9) ELEMENTS reserves the right to change the basis on which ELEMENTS Points are awarded (including the number of ELEMENTS Points rewarded) at any time, without notice at ELEMENTS' sole discretion.

    3.10) ELEMENTS Points have no cash value, and are not exchangeable for cash. ELEMENTS Points cannot be sold, purchased, assigned, or transferred, except as specifically provided in the terms herein or as may be allowed in special programme(s) by ELEMENTS at its sole discretion.

    3.11) Members can view their registered, accumulated ELEMENTS Points using the ELEMENTS Club Programme Portal. ELEMENTS reserves the right to delay or postpone the credit or debit of ELEMENTS Points. In the absence of obvious error, the number of ELEMENTS Points stated on the Programme Portal will be binding and conclusive.

    3.12) For detailed terms and conditions of ELEMENTS Points earning, please refer to the updated notice of the ELEMENTS Club Loyalty Programme in various communication channels from time to time.

 

4 - Redemption of Rewards

    4.1) The Member may use unexpired ELEMENTS Points to redeem Rewards in accordance with prevailing offers or Programmes. ELEMENTS Points will be utilised on a first-in-first-out basis. Redemption of Rewards is subject to the Member having adequate ELEMENTS Points and is subject to stock availability, which will be based on a first come, first served basis.

      (4.1.1) Other than the limited warranties ELEMENTS may provide in respect of its own products, the Rewards that may be redeemed using the ELEMENTS Points (whether featured on the Programme Portal or any other medium) are provided "AS IS" without warranties of any kind, including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. ELEMENTS does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise in respect of the materials on this site or any sites linked to this site. Under no circumstances (including but not limited to negligence, omission or default) shall ELEMENTS be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of profits, business interruption or loss of information or data, arising out of the use or the inability to use the Rewards even if ELEMENTS or an ELEMENTS' representative has been advised of the possibility of such damages.

    4.2) All redemptions are to be made at the Member’s request, successfully submitted to ELEMENTS Club, and are subject to the accumulation of adequate ELEMENTS Points and ELEMENTS' final acceptance. Only the required ELEMENTS Points for the Rewards redemption will be deducted from the Member's account. Requests will be cancelled automatically in the event of inadequate ELEMENTS Points.

    4.3) ELEMENTS reserves the right to change the terms and conditions herein and the amount of ELEMENTS Points required for redemption from time to time upon notice.

    4.4) Rewards redeemed which take the form of vouchers ("Vouchers") shall be collected by Members at the designated redemption counter. Rewards which are redeemed in the form of physical goods shall be collected by Members from the respective merchants responsible for the supply of such goods, details of which are indicated in ELEMENTS Club Programme Portal.

    4.5) For Rewards redemptions submitted over ELEMENTS Club redemption counters, the Rewards may take approximately 4-6 weeks after verification.

    4.6) All Rewards redemptions by the Member cannot be exchanged for cash, revoked or cancelled by the Member, nor any claim for cash refund be entertained.

    4.7) Vouchers are not redeemable for cash and the use of the Vouchers will be further subject to the terms and conditions stipulated by the respective merchants supplying the Vouchers.

    4.8) For Vouchers, merchandise, products and services redeemable under the Programme but are not issued/provided by ELEMENTS, ELEMENTS Club is not a supplier of those items and will not accept any liability in relation thereto.

    4.9) Collection of the Rewards must be done on or before the date as specified on the Redemption Notification issued by ELEMENTS Club. Any failure on the part of Member to do so for any reason whatsoever will result in the automatic forfeiture of the Reward concerned. For the avoidance of doubt, the ELEMENTS Points used in the redemption of the Reward may not be returned or credited back to the Member notwithstanding that he did not collect the Reward or, in the case of Vouchers, if the Redemption Notification was undeliverable for any reason attributable to the Member's own fault (e.g. furnishing incorrect contact information to ELEMENTS).

    4.10) The Member is advised to examine the Reward item upon delivery. In the case of Vouchers, if the details in the Voucher are incorrect, it must be returned to the ELEMENTS Club within 7 days of receipt of the Voucher. In the case of faulty, damaged and/or defective goods, they must be returned immediately by the Member at his or her own cost in its original packaging to ELEMENTS Club within ONE (1) week from the date he or she (a) received the Reward item or (b) collected the Reward item, as the case may be.

      (4.10.1) Neither ELEMENTS nor ELEMENTS Club will be responsible for the condition of the Reward item, the operation of the Reward item or any damage, loss or bodily injury arising from usage of the Reward item. All product warranties or queries on the Rewards redeemed should be referred to the original supplier or manufacturer directly. Any dispute concerning the Rewards (quality or otherwise whatsoever) shall be settled between the Member and the supplier or manufacturer concerned that supplied the Rewards. Other than any limited warranty that ELEMENTS may give in respect of its own products, ELEMENTS is neither liable for any products warranty issues nor for the quality or suitability of the same and will bear no responsibility for resolving such disputes or for the dispute itself.

    4.11) All Rewards are subject to availability and any restriction may apply as to where and when the Rewards may be redeemed. ELEMENTS reserves the right, at its sole discretion, to discontinue an item or to substitute a similar item of equal value at any time without notice prior to that item being redeemed. ELEMENTS provides no guarantee that any Rewards will remain available.

    4.12) For any queries on redemption, the Member should write to ELEMENTS Club directly.

 

5 - ELEMENTS Club Membership Validity

    5.1) Membership lasts for 12 months from the date that the Member has enrolled, renewed, upgraded or downgraded into the current tier ending on the last day of the month (i.e., if the activation date is made between 1 and 31 January, ELEMENTS Club Membership will expire on 31 January the following year).

    5.2) Membership enrolment will be verified by means of one-off spending or multi-purchases. Any credits left after deducting the required spending for ELEMENTS Club membership enrolment cannot be counted as designated spending for the purposes of membership renewal or upgrading.

    5.3) Upon each renewal, any remaining ELEMENTS Points will be forfeited and cannot be carried forward. The Member is required to accumulate ELEMENTS Points starting from zero.

 

6 - ELEMENTS Points Deduction and Validity

    6.1) The Member may use unexpired ELEMENTS Points to redeem Rewards in accordance with prevailing offers or Programmes. Redemption of Rewards is subject to sufficient ELEMENTS Points and stock availability, which will be based on a first come, first served basis.

    6.2) ELEMENTS may, at its sole determination, deduct from the Member's remaining ELEMENTS Points:

      (6.2.1) Any ELEMENTS Points suspected to be fraudulently recorded or earned by the Member;

      (6.2.2) Any ELEMENTS Points recorded in error; and

      (6.2.3) Any ELEMENTS Points relating to a transaction which is cancelled.

 

7 - Programme Portal

    7.1) To access the services, the Member will be given a Password within TEN (10) working days via email upon completion of membership activation.

    7.2) The Online Services are for the sole and exclusive use by the Member. The Member shall not use or knowingly allow any other person to use the Online Services, the information and/or the reports for, or in connection with, any illegal purpose or activity. The Member shall notify ELEMENTS as soon as practicable if he becomes aware of such use.

    7.3) The Member acknowledges that there may be a time lag in transmission of instructions, information or communication via the Internet.

    7.4) The Member shall follow the guidance provided by ELEMENTS online in designating the user identification code (the 'Username') and the password (the 'Password') for identifying the Member for the purposes of the Online Services.

    7.5) The Member may change the Password at any time but any change shall be effective only if accepted by ELEMENTS.

    7.6) The Member shall act in good faith, exercise reasonable care and diligence in keeping the Username and the Password. At no time and under no circumstances shall the Member disclose the Username and/or the Password to any other person.

    7.7) The Member shall be fully responsible for any accidental or unauthorised disclosure of the Username and/or the Password to any other person and shall bear the risks of the Username or Password being used by unauthorised persons or for unauthorised purposes.

    7.8) Upon notice or suspicion of the Username and/or the Password being disclosed to any unauthorised person or any unauthorised use of the Online Services being made, the Member shall notify ELEMENTS in person as soon as practicable (and ELEMENTS may ask the Member to confirm in writing on any details given) and, until ELEMENTS' actual receipt of such notification, the Member shall remain responsible for any and all use of the Online Services by unauthorised persons or for unauthorised purposes.

    7.9) Advice or confirmation that an instruction has been received through the Online Services will be provided by ELEMENTS online. Such advice or confirmation shall be deemed to have been received by the Member immediately after transmission and it is the duty of the Member to check such advice or confirmation. It is also the duty of the Member to enquire with ELEMENTS if the Member does not receive an advice or confirmation within the time usually required for a similar advice or confirmation to be received.

    7.10) Information relating to any account or Reward Redemption request made available on the Programme Portal are for reference only. ELEMENTS' records of such account and Reward Redemption request shall be conclusive unless and until the contrary is established.

    7.11) Neither ELEMENTS nor any Information Provider warrants or represents that the Online Services and the Information are free from virus or other destructive features which may adversely affect the Member's hardware, software or equipment.

 

8 - ELEMENTS Club Membership Card

    8.1) The ELEMENTS Club Membership Card is the property of ELEMENTS Club.

    8.2) The ELEMENTS Club Membership Card is issued to a name individual and is non-transferable.

    8.3) If an ELEMENTS Club Membership Card malfunctions, the Cardholder may apply for a card replacement through ELEMENTS Club.

    8.4) A non-refundable lost card handling fee of HK$100 will be charged by ELEMENTS Club for each replacement card.

    8.5) The Member is advised to report the loss of the ELEMENTS Club Membership Card immediately by reporting the loss to ELEMENTS in person at the designated redemption counter.

    8.6) The Member shall be fully responsible for any loss arising from unauthorised use of the lost ELEMENTS Club Membership Card.

    8.7) Upon termination of the ELEMENTS Club membership, ELEMENTS Club Members shall be required to submit a notice in writing together with the return of the ELEMENTS Club Membership Card to ELEMENTS in person or by post, such notice to take effect upon receipt.

    8.8) ELEMENTS Club shall not replace any issued ELEMENTS Club Membership Card if it is damaged or altered through (including, but not limited to) delamination, bending, cutting, breaking, graffiti or attachment of materials and/or objects on the ELEMENTS Club Membership Card by any means.

 

9 - Intellectual Property

    9.1) The components of ELEMENTS Club communication materials (including but not limited to printed materials and Programme Portal), including text, graphics, logos, designs and photographs, are protected by Hong Kong and international copyright laws. They should not be reproduced or used without express permission from ELEMENTS.

    9.2) It is hereby agreed and acknowledged that all intellectual property rights relating from such logos and/or images, or the use thereof, shall remain vested in ELEMENTS.

 

10 - Data Privacy

    10.1) The personal data supplied by the Member is required for the operation of ELEMENTS Club and related promotions, including for the issue of Rewards and benefits. Personal Data may also be used for on-going research, Programme development and to communicate news and information to Members. Failure by the Member to provide or keep the required data up to date might result in ELEMENTS Club being unable to offer ELEMENTS Club membership and associated benefits to that Member. In such case, membership may be suspended.

    10.2) All information is managed in accordance with the Personal Data (Privacy) Ordinance and the MTR Corporation's Privacy Policy. Information may be passed to third parties, to suppliers and organisations participating in any joint promotion to facilitate the promotion logistics (whereby corresponding PICS will be displayed in the collaterals), the issue of benefits to Members and communication of news, information and advertising and promotional material to Members. ELEMENTS Club’s promotions and benefits may also be communicated to Members through SMS. Members may choose not to receive communications which are unrelated to ELEMENTS Club/ MTR Corporation or other organisations not involved in any Promotion by checking the opt-out box.

    10.3) Members have the right to request to review and correct any personal data held by ELEMENTS in accordance with the MTR Corporation's Privacy Policy Statement. An administration fee may be charged for the processing of these requests.

    10.4) The Member is responsible for keeping ELEMENTS Club up to date as to his/her correct communication information (e.g. email address). ELEMENTS Club is not responsible for any loss as a result of the Member's failure to notify ELEMENTS Club of a change in email address.

    10.5) The personal data collection of the Member and the use thereof is subject to MTR Corporation's Data Privacy Statement.

 

11 - General

    11.1) Information provided by Members gathered at the point of Programme enrolment or as a result of the Member's redemption of Rewards, purchases and other transactions will be used by ELEMENTS for administering the Programme, marketing planning, research and other related marketing programme purposes and ELEMENTS may pass such information to its authorised service providers for Programme management, data processing, redemption management and analysis and other purposes related to the Programme. By acceptance of and participation in the Programme, Members have consented to such use.

    11.2) The information may also be used to communicate news and promotions to the Member by ELEMENTS. The Member has the right to decline to receive such communication by contacting ELEMENTS Club or ELEMENTS at any time.

    11.3) The latest update to the Programme is available to Members via the Programme Portal.

    11.4) ELEMENTS reserves the right to cancel or revise or suspend the Programme or the terms and conditions herein at any time it deems necessary with or without notice and without having to give any reasons for doing so. ELEMENTS may (but shall not be obliged to) give advance notice to Members in the manner it deems appropriate in the event it decides to cancel, revise or suspend the Programme or the terms and conditions stated herein.

    11.5) ELEMENTS' failure to enforce a particular term and condition does not constitute a waiver of that term and condition by ELEMENTS.

    11.6) ELEMENTS assumes no responsibility for any claims, losses, costs, expenses or damages of whatever nature resulting from the redemption of the Rewards.

    11.7) Suspected or actual fraud and/or suspected or actual abuse relating to the accumulation of ELEMENTS Points or redemption of Rewards may result in immediate forfeiture of accumulated ELEMENTS Points as well as termination of the Member's participation in the Programme in addition to any other rights or remedies may have whether in law or equity.

    11.8) All questions or disputes regarding eligibility for the Programme or ELEMENTS Points accrual or redemption of Rewards will be determined by ELEMENTS at its sole discretion.

    11.9) ELEMENTS Points are not transferable to another Member.

    11.10) Redemption of Rewards with inadequate ELEMENTS Points will not be processed.

    11.11) ELEMENTS reserves the right to withdraw at any time any Reward items shown in the Programme Portal.

    11.12) There is no Trial Period for any Rewards redeemed.

    11.13) ELEMENTS' decision on all matters pertaining to the Programme is final.

 

12 - Disclaimers

    12.1) ELEMENTS and any agents or contractors (if any) that it may use in the execution and management of this Programme do not warrant or represent (either directly or indirectly) :

      (12.1.1) that 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 uninterrupted, timely, secure and error-free.

      (12.1.2) that the quality of Rewards items redeemed by the Member will meet the Member's expectations in any way. Neither does ELEMENTS make any warranty or representation as to the merchantability, suitability of the Reward for the Member's purposes or fitness for use of the Reward redeemed by the Member.

      (12.1.3) that no computer viruses shall be transmitted or that no damage shall occur to the Member's computer system as a result of any online activity of the Programme.

    12.2) Any material downloaded or otherwise obtained through the Internet is done at the Member's own discretion and risk, and that the Member will be solely responsible for any damage to the Member's computer system or loss of data resulting from such download.

    12.3) Limitation of Liability: Without prejudice to any provisions in the foregoing, the Member expressly understands and agrees that ELEMENTS and its agent(s) shall not be liable for (a) any losses, costs and damages resulting from the Member's enrolment in the Programme, use of the Programme, redemption of the Rewards and use of the Reward items (b) any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, data or other intangible losses even if ELEMENTS and its partner(s) have been advised of the possibility of such damage(s) resulting from the Member's participation in the Programme and/or its redemption and use of Rewards.

    12.4) Notice: Notices to Members may be made via either e-mail or phone. The Programme Portal may also provide notices of changes to the terms and conditions or other matters by displaying notices or links to notices to Members generally on the service.

    12.5) Governing Law: The terms and conditions set out herein shall be governed by and construed in accordance with the Laws of Hong Kong Special Administrative Region. For purposes of this paragraph, "person" shall mean a human being or a corporate entity (whether or not having separate legal existence) as the case may be.

    12.6) ELEMENTS reserves the right to amend the terms and conditions at any time without prior notice.

    12.7) In case of any dispute arising from the Programme, the decision of ELEMENTS shall be final.

    12.8) If there are discrepancies between the English and Chinese versions of the terms and conditions, the English version of the terms and conditions shall prevail.

 

Latest updated in 2018 September

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