Privilege Club Terms and Conditions

Privilege Club Terms and Conditions

Privilege Club Terms and Conditions

1      Definition

1.1   “Designated Service Plans” means a series of designated service plans designated by China Mobile Hong Kong (“CMHK”) that meet Membership Criteria.

1.2   “Membership Criteria” means the requirements listed on the Privilege Club website or the Privilege Club Members Portal in MyLink App on how to become Privilege Club Members. For details, please visit the corresponding website and portal.

1.3   “Members” means CMHK customers who fulfill Membership Criteria and become Privilege Club Members.

1.4   “Eligible Charges” means if customers are in 6-12 months of patronage, Eligible Charges refer to at least 6 monthly bills, each of which with payable charges of HK$500 or above; if customers are over one year of patronage, Eligible Charges refer to HK$6000 or above total charges paid for the past or accumulated 12 months as shown in the monthly bills, including 6 monthly bills each with payable charges of HK$500 or above.

1.5   “Offers” means the various offers, privileges, gifts, rewards, and/or promotional activities including but not limited to any kinds of services, products, goods, etc., provided to Members by CMHK or jointly with its Merchants.

1.6   “Merchants” means any organizations or companies from whom Members may enjoy Offers that CMHK determines from time to time.

2      Membership

2.1   The updated terms and conditions will be effective from () ("Effective Date"). For the avoidance of doubt, if the mobile service monthly invoice amount of customers in the past 6 or 12 months (depends on the  period of patronage) before the Effective Date have included the bill amount of Google Play Direct Carrier Billing and/or Apple Services Direct Carrier Billing(“Google Play/ Apple Services Direct Carrier Billing”), CMHK will not take those parts of Google Play/ Apple Services Direct Carrier Billing’s bill amounts into account as Eligible Charges for such months and will be recalculated in accordance with the updated terms and conditions. However, existing Members will not be affected.

2.2   Eligible Charges are calculated on a per-account basis, based on the mobile service monthly invoice amount in the past 6 or 12 months (depended on the period of patronage, including value-added services, thereafter charges, IDD and roaming service charges, excluding handset offer prepayment being rebated in any form, the bill amount from Google Play Direct Carrier Billing and/Apple Services Direct Carrier Billing.

2.3   Google Play/ Apple Services Direct Carrier Billing are subject to their respective terms of service.

2.4   Privilege Club membership applies to CMHK customers who satisfy the Membership Criteria.

2.5   Privilege Club membership is valid for one year from their respective Effective Date. Privilege Club membership will be effective within three (3) days upon satisfying the Membership Criteria.

2.6   If Members still satisfies with the Membership Criteria when their current Privilege Club membership ends, the new membership will be effective within three (3) days after the end of the current membership.

2.7   Privilege Club membership is personal and exclusive to CMHK customers and cannot be transferred to any third parties.

2.8   Privilege Club membership is not applicable to corporate customers, except corporate customers invited by CMHK.

2.9   Privilege Club membership will be terminated if Members change the account ownership (customer name and/or mobile number) or cancel the CMHK mobile services during the Privilege Club membership period.

2.10 CMHK has the sole discretion and final decision to suspend, disqualify the eligibility of Privilege Club membership and claim against any person without giving notice and without incurring any liability to any person if CMHK suspects such person:

(i)     is undertaking or in connection with any unusual or suspicious activities;

(ii)    is using an inappropriate method or committing fraud;

(iii)   any dishonest conduct, false or inaccurate information provided; or

(iv)   any breaches of these Terms and Conditions or any other applicable law or regulation;

in order to satisfy the criteria to become a Member.

2.11 CMHK has the sole discretion to determine the eligibility of Members. In case of any dispute, CMHK reserves the right of final decision.

2.12 Members agree to indemnify and hold CMHK harmless from all claims or demands in connection with his/her breach of any of these Terms and Conditions, or his/her violation of any laws or rights of a third party.

3      Members' Offers

3.1   All Members' Offers are not exchangeable for other rewards, refundable, replaceable, or transferable for cash or used in conjunction with any other Offers under any circumstances.

3.2   Member Offers received from Privilege Club shall not be sold, bartered, or transferred to any third parties unless it is explicitly approved by CMHK Privilege Club. Any unapproved transfer, sale, or barter will be voided. CMHK reserves the right to claim against the Members and other persons involved in such trading for damages and compensation.

3.3   If Members enjoy an in-shop Offers provided by designated Merchant, Members are required to present the valid Privilege Club e-membership Card in MyLink App to the Merchants to proof their Members' status.

3.4   If Members enjoy Offers through online, Members are required to input a promotion code or visit a hyperlink as designated by CMHK Privilege Club or the Merchant.

3.5   When a Member collects the Offers, Member is required to present a valid ecoupon, original or copy (as applicable) redemption letter, sms, email or any other redemption proofs, together with its identity documents or other documents as required by Merchants or CMHK.

3.6   Offers are subject to their corresponding terms and conditions, Members should read the relevant terms and conditions carefully before enjoying the Offers. CMHK shall not be liable for any disputes and/or losses.

3.7   If a Member is invited to participate in a Merchant's event under the Offers, as CMHK is not the organizer, manager or sponsor of the event, to the extent as permissible by applicable laws, CMHK will not be liable for any losses or damages caused by or in connection with the event.

3.8   If Members need to go to Merchant's or other third parties' websites, webpages and mobile applications (collectively referred to as “Third-party online channels”) to enjoy the Offers, Members should read the privacy policy of such Third-party online channels to understand the ways in which your Data may be used by those Third-party online channels. CMHK has no control over the content of the Third-party online channels or the way in which the operators of those Third-party online channels deal with your Data, and is not responsible for the content of such Third-party online channels, their business practices and their processing of personal data.

3.9   The use of the Offers and / or promotion codes will be subjected to the terms and conditions of the Merchants.

3.10 To the extent as permissible by the applicable laws,CMHK accepts no liability for the quality, performance, use, enjoyment, after-sale or repair services, or any other aspects of the products/services or availability of goods and services provided by the relevant service, product suppliers and Merchants under the Offers.

3.11 All Offers of Privilege Club are subject to availability. CMHK reserves the right to change all the Offers at any time without notice.

3.12 Members acknowledge that CMHK reserves the rights to change any terms and conditions of the Members' Offers, to suspend and terminate Members' Offers from time to time without any prior notice. Members are advised to visit the Privilege Club website or the Privilege Club Members Portal in MyLink App for the most updated information.

4      Changes

CMHK reserves the right, at any time, to update, revise, supplement and otherwise modify these terms and conditions and the  Member Criteria, rules, policies, terms and requirements in relation to Privilege Club without any notice(collectively referred to in this terms and conditions as “Amended Terms”). Such Amended Terms will be effective immediately once incorporated into these terms and conditions. If the customer continues to participate in the Privilege Club membership, it will be deemed that the customer has accepted such Amended Terms. All Amended Terms will become part of these terms and conditions.

5      Collection of Personal Data

Customers agree that CMHK will use or collect their personal data when handling and managing the Privilege Club Membership or when providing Offers or jointly provide Offers with Merchants or when customers are redeeming for the Offers, and agree that to the extent necessary CMHK will disclose certain customers’ personal data to Merchants. Customers agree and accept that these terms and conditions are subject to the “General Personal Information Collection Statement” and Private Policy Statement

6      Applicable Law

These terms and conditions herein are governed by the laws of the Hong Kong Special Administrative Region. Members agree that any litigation or claim arising out of these terms and conditions shall be governed by the exclusive jurisdiction of the Hong Kong courts.

7      Force Majeure

CMHK shall not be liable for any loss or damage resulting from delay or failure to perform these terms and conditions in whole or in part where such delay or failure shall be due to causes beyond CMHK‘s reasonable control or which is not occasioned by CMHK’s fault or negligence, including but not limited to, war, the threat of imminent war, riots or other acts of civil disobedience, insurrection, acts of God, restraints imposed by governments or any other supranational legal authority or any other industrial or trade disputes, fires, explosions, storms, floods, lightening earthquakes and other natural calamities.

8      Third Party Rights

No person other than Members and CMHK will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these terms and conditions.

9      Disclaimers

9.1   The Members' Offers received from Privilege Club may contain products or services supplied by third parties. The consumption of those products or services shall be at the Members’ own risk, and CMHK is not liable for any personal injury or property damage suffered by the use of any products or services obtained from Privilege Club.

9.2   CMHK is not liable for any disputes or controversy arising from Offers enjoyed by the Members provided by Merchants, nor is it liable for any losses that may be suffered by any party in the use of the Offers. Members and Merchants shall resolve the relevant disputes or controversy by themselves.

9.3   CMHK makes no warranties or representations, either expressed or implied with respect to the type, quality, safety, supply, or suitability of goods or services under the Offers, or the authenticity and accuracy of the content of the Offers or Merchants' goodwill and credibility.

9.4   CMHK is not responsible for:

(i)     any loss or misdirection of, or delay in receiving, any membership applications, correspondences, offers redemption proofs, or general administration work regarding the handling of offers;

(ii)    theft or unauthorized redemption of Offers or stolen or lost of Members' membership;

(iii)   any acts of omission of third parties; or

10    Interpretation

If there is any discrepancy between the Chinese and English versions of these Terms and Conditions, the Chinese version shall prevail.