) OF THE APP OR SUCH OTHER PROGRAM OR SOFTWARE NAMED AS 7-FANS ("7-Fans"
2. DISCLAIMERS FOR USE OF 7-FANS
Information and promotional offers in relation to any goods and/or services will be updated in 7-Fans from time to time without prior notice to you. The valid period of any Information displayed in 7-Fans is based on our server time. The Information contained in 7-Fans is for reference only. We do not warrant the accuracy, completeness, reliability or timeliness of the Information in 7-Fans for any reason whatsoever. We shall not be liable to you or any user for any costs, claims, liabilities, losses or damages whatsoever arising directly or indirectly from the use of or reliance on the Information. Use of 7-Fans requires compatible devices and mobile data or WiFi access. Your internet service provider may charge any costs incurred by using mobile data or WiFi. High-speed mobile data or WiFi access is strongly recommended. 7-Fans may be updated from time to time without prior notice and you will have to download the latest version of 7-Fans for access to your membership account in 7-Fans ("7-Fans Account"), if any, and the e-wallet function under your 7-Fans Account.
3. INTELLECTUAL PROPERTY RIGHTS
7-Fans and any Information available in it including, but not limited to, text, graphics, icons, images, software, source code and trademarks, are protected by copyright, design, trademark and other intellectual property rights owned or controlled by us and/or our licensors. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of 7-Fans for any purpose without our prior written permission except that you may download materials displayed in 7-Fans for non-commercial, home/personal use only as long as you keep all copyright, trademark and other proprietary notices intact.
4. USE OF 7-FANS FOR LAWFUL PURPOSES
You agree not to use 7-Fans for any purpose or in any manner that is unlawful. You agree not to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered improper, a criminal offence, or violation of any law. Selling or bidding activities are also prohibited without our prior consent.
6. PRIVACY AND SECURITY
7. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
We do not represent or warrant that 7-Fans will always be available and meet your requirements, that access will not be interrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile phone. You have sole responsibility for providing adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with 7-Fans. You expressly agree that your use of, or inability to use, 7-Fans is at your sole risk. 7-Fans and goods and services delivered to you through 7-Fans are provided on an "as is" basis and as available for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non infringement. In no case shall 7-Eleven, its directors, employees and third party service providers be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of 7-Fans or for any other claim related in any way to your use of 7-Fans, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via 7-Fans even if advised of their possibility.
8. WAIVER AND INDEMNITY
9. ENGLISH VERSION PREVAILS
10. THIRD PARTIES RIGHTS
11. GOVERNING LAW
© 2015 The Dairy Farm Company, Limited牛奶有限公司 trading as 7-Eleven. All rights reserved.
7-Fans Programme Terms and Conditions
(Version: November 2015)
The 7-Fans Programme ("7-Fans Programme"
) is operated by The Dairy Farm Company, Limited 牛奶有限公司 trading as 7-Eleven ("7-Eleven"
shall be construed accordingly) operating the Retail Outlets (as defined below). Your participation in the 7-Fans Programme is governed by these 7-Eleven 7-Fans Programme Terms and Conditions ("Terms and Conditions"
). By applying for membership of the 7-Fans Programme, you agree that you have read and understood these Terms and Conditions and agree to be bound by them.
1.1 In these Terms and Conditions, the following words shall be construed as follows:
a. "7-Eleven Service Hotline" means our 7-Eleven, Hong Kong customer service hotline at (852) 2299 1110, or such other telephone number as notified by us from time to time.
b. "7-Eleven Website" means our website located at www.7-eleven.com.hk or such other website as notified by us from time to time.
c. "7-Fans" means the app or such other program or software named as "7-Fans" installed in your mobile device or offered through such other platform or medium by us as we may determine from time to time and accessed by you.
d. "7-Fans Member" means a member of the 7-Fans Programme.
e. "7-Fans Account" means your membership account in 7-Fans upon your successful registration with the 7-Fans Programme.
f. "Basic Points" means elementary points awarded to you when you make purchases at the Retail Outlets based on the net spending amount of the transaction after all special offers or discounts.
g. "Bonus Points" means additional points awarded to you based on the net purchase amount of specific promotional products when you make purchases at the Retail Outlets.
h. "E-Wallet" means the e-wallet function under your 7-Fans Account.
i. "Third Party Service Providers" means third party services providers working with us and/or engaged by us to provide services including (i) data entry, (ii) customer database management, (iii) customer contact, (iv) processing, verifying and refunding money into the E-Wallet of your 7-Fans Account (where applicable), and (v) secure data disposal, including Personal Data (as defined below).
j. "Our Partners" means any merchant(s) that may be invited to join the 7-Fans Programme from time to time.
k. "Points" means Basic Points and/or Bonus Points awarded to you upon purchases at our Retail Outlets.
l. "Retail Outlets" means stores operated by 7-Eleven in Hong Kong unless it is expressly excluded by 7-Eleven from time to time.
2. Application of these Terms and Conditions
2.1. These Terms and Conditions form an agreement between you as a 7-Fans Member, and 7-Eleven. These Terms and Conditions may be amended from time to time in our absolute discretion without prior notice to you. Where we deem appropriate, we will communicate with you about material changes to these Terms and Conditions in advance.
2.2. From time to time, Our Partners may be invited in order to offer you more rewards and targeted offers.
3. Registration as 7-Fans Member
3.1. In order to be registered as a 7-Fans Member, applicants must: (i) install 7-Fans into their mobile device; (ii) complete all required fields in the registration form of 7-Fans and click to activate their 7-Fans Account; (iii) verify their email address by receiving a verification email from 7-Fans; and (iv) verify their phone number by receiving a passcode in their SMS inbox from 7-Fans.
3.2. You warrant and represent that all the information you provided to us upon registration as a 7-Fans Member is true, accurate and complete.
3.3. You agree to notify us immediately by updating your personal account upon change of any of your information submitted to us when you registered as a 7-Fans Member. To the extent permitted by law, we shall not be liable for any claim, demand, liability or action resulting from your omission, neglect and/or failure to supply us with your updated information and the accuracy and completeness of those information.
3.5. 7-Fans Members are able to start earning Points after successfully completing the member registration process.
3.6. We have the absolute discretion to refuse and/or revoke registration of any applicant/7-Fans Member and to terminate and/or cancel the registration of any applicant/7-Fans Member for any reason whatsoever.
4. The 7-Fans Programme, reward and special offer
4.1. Subject to clause 4.4 herein, one Basic Point will be credited to your 7-Fans Account for every HK$5 dollars (or an equivalent amount in any currency as specified by us from time to time) for each transaction spent at our Retail Outlets. Bonus Points may also be issued on bonus promotional products from time to time.
4.2. You must present your 7-Fans Member QR Code to our staff for scanning before payment to record your Points, otherwise your transaction will not be included for Point calculation. Points cannot be accumulated after the transaction is completed, and the points for that transaction cannot be refunded or compensated. Points will be awarded and updated to your 7-Fans Account within 24 hours after your purchase. You may check your Points balance by logging into your 7-Fans Account.
4.3. Points earned between 1 January and 31 December (both dates inclusive) each year will expire on 31 March the following year.
4.4. Calculation and accumulation of Basic Points will not be applicable to any purchase of cigarettes and certain other products and/or services including octopus reloading, E-Wallet reloading, last 10 octopus transactions print out, bill payment, remittance, donation, gift card, pre-paid card, subscription card, octopus card, mobile pre-paid SIM card, recharge voucher, phone card, WiFi card, redemption items, vending machine products, ticketing service, stamps, photocopying, facsimile, battery recharge, courier service, pre-payment, catalogue sales, photofinishing, locker, shoe repairing, key duplication, Inspiration Lake activities, parking fee pre-payment, EPS EasyCash, plastic bag levy or such other items which 7-Eleven may specify from time to time.
4.5. We reserve the right to exclude any services or products from the calculation and accumulation of Basic Points, in our absolute discretion. Notices of such exclusion will be posted in 7-Fans and/or at the Retail Outlets from time to time.
4.6. Points will be deducted from your 7-Fans Account if you return products to our Retail Outlets for a refund. You should follow our product return procedures to request for a refund. Please contact the 7-Eleven Service Hotline if you have any questions about returns or your Points adjustment. We also reserve the right to take legal action and deduct Points from your 7-Fans Account if we suspect that such Points were obtained via fraudulent, dishonest means or in such other manner not in accordance with these Terms and Conditions.
4.7. The latest 40 Point records shall be shown under your 7-Fans Account.
4.8. We reserve the right to change the benefits, offers and features of the 7-Fans Programme from time to time, without prior notice to you.
4.9. Upon accumulating the necessary amount of Points, you may use your Points to redeem rewards. Coupon based rewards can be redeemed in the "Rewards" section of 7-Fans. Each coupon has an expiry date; coupons not used by the expiry date will be forfeited. Points used for a redemption of rewards which subsequently expires will not be refunded.
4.10. We give no warranty or representation in relation to any rewards, redemption products and/or services in connection with the 7-Fans Programme or their suitability for any purpose. Any warranty claims in respect of any rewards, redemption products and/or services should be directed to the relevant manufacturer(s) and/or service provider(s).
4.11. We shall not be liable for any loss of Points or loss or damage suffered as a result of a technical defect or error that prevents us from retrieving information relating to your Points balance from our computer systems.
4.12. Benefits, including Points issued during one-off promotions (e.g. during Our Partners' launch) will be governed by the rules applicable to the specific promotion, and may expire after the end of that promotion.
4.13. Members can enjoy 2 times Basic Points at our Retail Outlets on 7-Fans Day (which shall be notified in 7-Fans from time to time).
5. Safety and security of 7-Fans Account and password
5.1. If your 7-Fans Account encounters any error when logging-in or while in use, you may contact the 7-Eleven Service Hotline.
5.2. You should send us an email to email@example.com with your registered email information to request for temporary account suspension immediately if your mobile phone installed with your 7-Fans Account has been lost or stolen, or if you have reason to believe that your 7-Fans Account/E-Wallet may have been used by, or password may have been disclosed to, an unauthorised party.
5.3. It is your responsibility to ensure the safe custody and security of your 7-Fans Account and password. We shall not be liable for any loss or damage suffered directly or indirectly by you as a result of and/or in relation to a lost or stolen mobile phone installed with your 7-Fans Account and/or the unauthorised use of your 7-Fans Account/E-Wallet or disclosure of your password.
6. Cancellation or termination of your 7-Fans Account
6.1. If you cancel your 7-Fans Account, the Points as recorded on your 7-Fans Account will be forfeited and your membership will be terminated within the next three (3) working days. In the event your 7-Fans Account is terminated by 7-Eleven for any reason(s), your Points will also be forfeited accordingly.
7. Limitation of Liability
7.1. By becoming a 7-Fans Member you acknowledge, agree and accept that your participation in the 7-Fans Programme is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of your involvement, enrollment and participation in the 7-Fans Programme or the use of your 7-Fans Account.
7.2. To the extent permitted by law, all information, materials, rewards and/or redemption products and/or services provided and performed in connection with the 7-Fans Programme are provided "as is" without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose, privacy or non-infringement.
7.3. We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of your enrollment, participation and involvement in the 7-Fans Programme or your use of your 7-Fans Account; in connection with any rewards, redemption products and/or services provided in connection with the 7-Fans Programme; or in connection with any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, whether for breach of contract, tortious behaviour, negligence, omission, default and/or under any other cause of action (whether the same was caused by us and/or Third Party Service Providers).
7.4. Without prejudice to any other clauses of these Terms and Conditions, to the extent permitted by law, any liability that we may have to you in connection with the 7-Fans Programme including your use of the 7-Fans Account and/or the redemption of Points for rewards and/or products and/or services, which if in any event, our liability to any party cannot be excluded, it will only be limited to the restatement of Points and/or the cost of rewards, products and/or services to which you as a 7-Fans Member should have been entitled during the relevant period as we may determine in our absolute discretion.
8. Personal Data
8.1. In order for you to become a 7-Fans Member, it is necessary for you to provide us with certain Personal Data relating to you and stated as "Required" on the 7-Fans registration form. If you are unable or unwilling to provide us with complete and correct Personal Data, we may not be able to register you as a 7-Fans Member or provide you with some of our products and/or services. It is optional for you to provide any Personal Data which is not marked as "Required".
9.1. Your E-Wallet is valid for use at the Retail Outlets only. It allows you to load a monetary value onto the E-Wallet for purchase at the Retail Outlets. The monetary value in your E-Wallet is to be treated like cash. The monetary value that you, as a 7-Fans Member, load onto your E-Wallet is a pre-payment for the goods and services of the Retail Outlets only. No credit card, credit line, overdraft protection or deposit account is associated with the E-Wallet. No interest, dividends or any other earnings on funds loaded onto your E-Wallet will accrue or be paid or credited to you by 7-Eleven. The value associated with the E-Wallet is not insured or guaranteed by any person or entity.
9.2. You can load value onto your E-Wallet using cash by visiting any Retail Outlets. The value of your E-Wallet is subject to the following load limits: a maximum value of HK$1,000 may be stored on any E-Wallet at any given time, and the minimum amount that can be loaded is HK$50 and increasing in denominations of HK$50. 7-Eleven may change these maximum and minimum amounts at any time by notifying you at the Retail Outlets, as well as on 7-Fans or through such other means/channels that 7-Eleven deems appropriate and such change shall not constitute and will not require an amendment to these Terms and Conditions.
9.3. 7-Eleven does not charge any fee for the use or reloading of your E-Wallet. The loaded monetary value in your E-Wallet does not have an expiry date.
9.4. You can check the balance of your E-Wallet or review the latest 40 transactions through your 7-Fans Account. We reserve the right to correct the balance of your E-Wallet if we believe that a clerical, billing or accounting error has occurred. If you have any questions regarding your transaction history or any correction against your E-Wallet, please contact our 7-Eleven Service Hotline.
9.5. In general, there will be no refund of the balance value in your E-Wallet but you can use such value for purchase at the Retail Outlets.
9.6. If you cancel your 7-Fans Account, your E-Wallet under your 7-Fans Account will also be terminated accordingly. There will be no refund of the balance value in your terminated E-Wallet.
9.7. Notwithstanding anything else in these Terms and Conditions, we may amend the terms relating to your E-Wallet under this clause 9 at any time for any reason. We will post such amendments in 7-Fans, on the 7-Eleven Website, at the Retail Outlets and/or through such other means/channels as we deem appropriate and we will notify you of such changes in advance. Subject to the remainder of this clause 9.7, any amendment will become effective at the time the same has been posted in 7-Fans, on the 7-Eleven Website, at the Retail Outlets and/or through such other means/channels (as the case may be), or as otherwise stated in our notice to you. Unless we state otherwise, the amendments will apply to your future and existing E-Wallet. The amendments will apply to you if (1) you do not notify us in writing to the contrary within fourteen (14) days of the date of our notice (or such other reasonable period of time as specified in our notice to you), or (2) you continue to use your E-Wallet after such notice period. If you do not accept the amendments, your E-Wallet will be cancelled and any amounts remaining on your E-Wallet will be refunded to you or you will be issued with store credits of an equivalent amount, as appropriate, less any amount that you owe us (if any).
9.8. We may suspend or terminate your E-Wallet at any time by giving you reasonable prior notice. We need not, however, give you notice where we have serious grounds for considering that immediate termination is required (e.g. if we reasonably suspect fraudulent or unauthorised use of 7-Fans). If we terminate your E-Wallet in circumstances where it is determined you are not in breach of these Terms and Conditions, we will refund or issue stored credits equal to the balance held in your E-Wallet, as appropriate, less any amount that you owe us (if any).
9.9. 7-Eleven does not represent or warrant that your E-Wallet will always be accessible or accepted at the Retail Outlets. Notwithstanding anything else in these Terms and Conditions, in the event that 7-Eleven is held liable to you under this clause 9, you may be entitled to recover from us your actual damages, up to the last balance held on your E-Wallet in question. 7-Eleven will not, inter alia, be liable to you for:
- any loss of income, business, goodwill or profits arising out of these Terms and Conditions;
- any unauthorised access to or alteration, theft or destruction of your E-Wallet;
- the consequences of any delay or mistake relating to the use of your E-Wallet caused by any circumstances beyond our control;
- any loss or damage which was not caused by our breach of these Terms and Conditions or breach of our legal duty of care; and
- any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage.
10. English Version Prevails
If there is any inconsistency or conflict between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.
11. Governing Law
These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China ("HKSAR") and 7-Eleven and you agree to submit to the exclusive jurisdiction of the courts of the HKSAR.
12.1. At times when 7-Fans and/or 7-Eleven Service Hotline may not be operational (e.g. due to nightly update batches, breakdown of communication networks, electricity networks, etc.), we will take all reasonable steps to ensure that 7-Fans and/or 7-Eleven Service Hotline will resume service as soon as possible after the scheduled maintenance or breakdown.
12.2. Except such redemption coupons (which as specified in 7-Fans can be transferred to any third party), points, offers, benefits and 7-Fans Account are personal to an individual member and cannot be transferred and/or assigned to any other person.
12.3. We may provide you with new services associated with your 7-Fans Account from time to time, and these new services will also be governed by these Terms and Conditions in addition to any other terms and conditions applicable to the specific services.
12.4. In the event that we plan to terminate the 7-Fans Programme, we endeavor to give you a reasonable period of notice by display at our Retail Outlets, as well as posting the notice in 7-Fans or through such other means/channels that 7-Eleven deems appropriate. Rewards not collected by the termination date will be forfeited and will not be refunded/recoverable.
12.5. If you breach or we have reasonable ground to believe that you have breached these Terms and Conditions, we may suspend or terminate your 7-Fans Account and/or seek to recover any damages and/or losses to us and/or to Our Partners and/or Third Party Service Providers arising from and/or in relation to your breach.
12.6. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of these Terms and Conditions which shall continue in full force and effect.
12.7. Any failure or delay by us to act in relation to a breach of these Terms and Conditions by you does not waive our right to take action in respect of the said breach and any similar breach of these Terms and Conditions by you in the future.
12.8. Notwithstanding the Contracts (Rights of Third Parties) Ordinance when it becomes effective and/or any comparable law in any jurisdiction, these Terms and Conditions are personal to and are made solely for the benefit of the parties to it and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any of these Terms and Conditions is expressly excluded and none of these Terms and Conditions is, or is intended to be, enforceable by any person not being a party to it. Notwithstanding the foregoing in this paragraph, third party rights of these Terms and Conditions shall be enforceable by Dairy Farm International Holdings Limited (“DFIHL”) and/or an entity which, as at the time of enforcement, is a direct or indirect wholly-owned subsidiary of DFIHL in accordance with the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to these Terms and Conditions, or any term of these Terms and Conditions, are not subject to the consent of any third party (including DFIHL and/or any of the wholly-owned subsidiaries at all times). The term “subsidiary” shall have the same meanings as in section 15 of the Companies Ordinance (Chapter 622) as amended from time to time.
12.9. The latest version of these Terms and Conditions is available in 7-Fans.
If you have any questions regarding these Terms and Conditions, please email us at uhavesay@7-Eleven.com.hk or call the 7-Eleven Service Hotline.
© 2015 The Dairy Farm Company, Limited牛奶有限公司 trading as 7-Eleven. All rights reserved.