Terms and conditions of use - Bestmart 360゜(“Terms and Conditions of Use”)
Users of the Bestmart 360° and 優品360° website at www.bestmart360.com (the "Website") - please note that :
Bestmart 360° , 優品360° and the Website are owned by Ciao International Ltd (彩鷗國際有限公司). In the following paragraphs, any references to "Bestmart 360° " , "優品360° " , "we" , "us" , "our" are references to Ciao International Ltd (彩鷗國際有限公司) ; and "the parties" means the user(s) and Ciao International Ltd (彩鷗國際有限公司) ; and Your use of the Website is governed by these terms and conditions of use.
1.1 In these Terms and Conditions of Use, the following definitions shall apply:
1.3 You agree to provide complete and updated information for registration on this Website and to provide further fresh and accurate information if such information is updated.
1.4 You agree not to use the Website for any purpose or in any matter that is unlawful or infringes any rights including but not limited to Intellectual Property Rights.
2. Variation of Terms and Conditions of Use
2.1 We reserve the right to amend these Terms and Conditions of Use from time to time without any notice to you. You are reminded to review and be familiarize with the latest Terms and Conditions of Use. By accessing and using this Website, you irrevocably agree to be bound by the latest Terms and Conditions of Use.
3. Prevailing language
3.1 These Terms and Conditions of Use are written in both English and Chinese. In the event of any discrepancy between the English and Chinese versions, the English version shall prevail.
4. Applicable law
4.1 The Terms and Conditions of Use shall be governed by the laws of the Hong Kong SAR and the parties herein agree to submit to the exclusive jurisdiction of the Hong Kong courts for determining any disputes arising from or in relation to these Terms and Conditions of Use.
5. Personal Privacy
5.1 We respect the privacy rights of all users of the Website. Please refer to the Personal Information Collection Statement hereinbelow.
Legal Notice & Disclaimer
6. Intellectual Property Rights
6.1 This Website and all information available on it are protected by copyright, design, trade mark and other Intellectual Property Rights owned or controlled by us. 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 this Website for any purpose without our prior written permission.
6.2 All right, title and interest in the Intellectual Property Rights in this Website shall remain the property of us at all times. You are not authorized to use the same unless you have obtained express written permission from us.
7. No Warranty
7.1 The information provided on this Website is for reference only.
7.2 To the extent permitted by law, we make no implied and/or express warranties or representation as to the accuracy, suitability, applicability or completeness of any information on this Website. We assume no liability for any loss or damage arising from your use or reliance of the information or materials or for anything posted on or linked to this Website that might offend or otherwise give rise to any claim or complaint. We disclaim any or all endorsement or recommendation referred to in the Website.
7.3 We make no warranties or representations that the functions of the Website shall be fully functional and at working conditions fully at all times, uninterrupted or error free.
7.4 None of our agents or representatives are authorised to make any warranties, representations or statements regarding any information on this Website and we shall be in no way be bound by such unauthorised warranties, representations or statements (if any).
8. Our Limitation of Liability
8.1 By accessing and using this site you acknowledge and accept that the use of the Website is at your own risk. We do not assume any liability or responsibility for any errors or omissions in the contents of the Website.
8.2 Without limiting the foregoing, this Website and all information and materials contained on it are provided on an “As Is” basis 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.
8.3 To the extent permitted by law, we assume no responsibility and shall not be liable for any damage or injury arising out of any use of or access to the Website, or any failure of performance, error, omission, interruption, deletion, 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, destruction or alteration of the Website, whether for breach of contract, tortious behaviour, negligence or, under any other cause of action resulting directly or indirectly from any access or use of the Website, or any uploading, downloading or publication of data, text, images or other material or information to or from the Website.
9.1 This Website may contain links to other sites and pages which are run by third parties which we have absolutely no control in whatever way. You should review the terms and conditions prepared for those third party websites. We disclaim all responsibility and liability for any loss or damage that may be suffered by you in connection with the linked websites.
10.1 The materials on this Website are for individuals accessing the Website from the Hong Kong SAR only. We make no representation that any product or service referred to on this Website is available or appropriate for use out of Hong Kong SAR.
11.1 We reserve the right, but undertake no duty, to review edit or otherwise change this Website and any information contained on this Website at our discretion and without notice to any party.
12.1 If any provision of these Terms and Conditions of Use is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms and Conditions of Use which shall continue in full force and effect.
12.2 If we do not act in relation to your breach of these Terms and Conditions of Use, we are not waiving our right to take action in any event and in particular, your future breach of the Terms and Conditions of Use.
CLUB 360° Card Terms & Conditions
1. All CLUB 360° original card members and the APP members must agree to comply fully with the Terms & Conditions of the CLUB 360° Membership.
2. An applicant to register for CLUB 360° Membership registration must fill out all information including name, gender, phone number, e-mail address, month of birth, age range and residential district. The applicant must also acknowledge that all the details and particulars provided in the application form are true and accurate .
3. Each CLUB 360° member is only eligible to ONE CLUB 360° membership account. Each email address and phone number can only be registered once.
4. Either the original Membership Card or the e-membership card in APP must be presented in any of our retail outlets for accumulation and use (including redemption and cash exchange) of membership reward points. If the Membership Card or e-membership card is not so presented, the member will not be able to enjoy any CLUB 360°‘s membership benefit and privilege. Reward points cannot be converted and redeemed in cash. The number of membership reward points are entirely and solely based on the records of Ciao International Limited.
5. “Membership Verification Code” is only valid for 30 days upon being issued.
6. Once a member’s E-membership card (i.e. electronic card in the APP) is successfully registered, the same member’s CLUB 360° original card (i.e. physical card) (if any) is expired on the spot and can no longer be used. Henceforth, all accumulated rights and privileges can only be claimed and enjoyed under the E-membership card.
7. Any first purchase of value over $200 qualifies the purchaser to register for membership only and is not counted for membership reward points.
8. Reward points will be uploaded and recorded onto a member’s account on the following day after the date of purchase. The reward point record in the APP can only show the last 20 records in a single year.
9. CLUB 360° Membership Card or the e-membership card in APP remains as the property of Ciao International Limited throughout and is strictly non-transferable. Bestmart 360° reserves the right to terminate or suspend the accumulation and use (which includes redemption and cash exchange) of any CLUB 360° Membership Card or the e-membership card in APP without any prior notice.
10. Accumulated reward points remain valid from 1 January to 31 December of the same year unless the accumulation and use (which includes redemption and cash exchange) of any CLUB 360° Membership Card or the e-membership card in APP had been suspended or terminated . All accumulated and unused reward points shall expire on 31 December of the same year and shall not be accepted for any purpose.
11. Bestmart 360° shall not be responsible for any unauthorized use of anyCLUB 360° Membership Card or the e-membership card in APP. Bestmart 360° reserves the right to deduct reward points from any member account upon a transaction by using that member’s CLUB 360° Membership Card or the e-membership card in APP. The reward points in any member’s account had never been the property of that member or any other member or any one at all.
12. In addition, members also covenant with Bestmart 360° that Bestmart 360° shall be entitled to collect, retain, store, transfer and utilize the relevant information on transactions and on the member’s name, gender, phone number, e-mail address, month of birth, age range and residential district (“relevant information”) in accordance with the “Personal Information Collection Statement”. Members are entitled to access the relevant information previously provided to Bestmart 360° and be allowed to make correction(s) if it is inaccurate. Bestmart 360° reserves the right to charge a nominal fee for such operations.
13. Original membership cards are irreplaceable. Instead members can get a “membership verification” QR Code from our retail outlets. By filling in simple personal information in the APP, members can continue to enjoy membership benefits and privileges under the same membership.
14. CLUB 360° Membership cards cannot be used in conjunction with the staff membership card, VIP card or other privilege cards.
15. Bestmart 360°reserves the right to refuse membership application of any applicant, and terminate or suspend the membership of a member without provision of any reasons and without any prior notice.
16. Bestmart 360° reserves the right to change the Terms and Conditions and terminate this scheme without any prior notice. In case of any disputes, the decision of Bestmart 360° and/or Ciao International Limited shall be final.
17. No notice will be given in relation to any change to these Terms and Conditions.
18. The applicant confirms that he/she has read and agreed to the above Terms and Conditions of CLUB 360° Membership Card or the e-membership card in APP and the Personal Information Collection Statement.
19. This document has English and Chinese versions. Should there be any discrepancy between the English and Chinese versions, the English version shall prevail.
In cases of disputes, the decision of our Company shall be final and conclusive.
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