KLUB 11 Program Terms and Conditions

KLUB 11 Registered MemberTerms and Conditions

1.      Eligibility: Any person who is aged 18 or above andsatisfies the membership entry requirements as may be specified by K11 LP fromtime to time is eligible for application for Membership. The registered nameshall be the same as the applicant’s official identity document and K11 LPreserves the right to seek verification from the applicant.

2.      Discretion to Decline: K11 LP is entitled to decline anyapplication for Membership at its absolute discretion without giving anyreasons.

3.      Non-Transferability: The Membership, the e-Card, and theBenefits are not transferable by the Member and may only be used or enjoyed bythe Member to whom the Membership, the e-Card, and the Benefits are granted orissued.

4.      Registered-Membership: No Benefits will be enjoyed by Registered-Members including but not limited to the granting of KLUB Points, unlessotherwise stated.

5.      Upgrade to Pre-Member / Gold Card Member: Uponregistration as Registered Member, if the one-off spending (“One-Off Spending”)of Registered Member has reached HKD50, he/she will be upgraded to Pre-Memberautomatically.

5.1        Eligible Transaction Only – Only an eligible Transactionbetween a  Registered Member and aParticipating Merchant shall be counted towards the Accumulated Spendingtowards becoming a Pre- Member; and the Transaction shall exclude the followingtransactions:

5.1.1       Any single spending below HKD50;

5.1.2       Purchase of cash vouchers, gift cards or coupons, storedvalue cards or pre-paid cards;

5.1.3       Payments using rebate promotion (coupons) and New VIPcash vouchers provided and issued by the Participating Merchants;

5.1.4       Adding value to Octopus cards, stored value cards orpre-paid cards;

5.1.5       Currency exchange;

5.1.6       Any transaction at Hyatt Regency Hotel;

5.1.7       Charity donations;

5.1.8       Any bill payment (including but not limited to payment oftelecommunication or utility bills); and

5.1.9       Any other transaction between the Registered Member andthe Participating Merchants as specified by K11 LP from time to time.

5.2        Registration Required – The Registered Member shallregister the One-Off Spending in the Transaction via his/her Mobile App or bypresenting his/her e-Card and other proofs as specified in Clause 5.4 herein tothe KLUB Concierge Perks in the same K11 Art Mall or Designated Mall or otherlocations as specified by K11 LP from time to time within seven (7) days afterthe date of the relevant Transaction or other period as specified by K11 LPfrom time to time. The One-Off Spending are deemed to be achieved by thePre-Member on the date of the Transaction.

5.3  Proof

5.3.1   Hong Kong Spending - K11 LPwill only accept machine-printed receipts as proof of One-Off Spending in HongKong by the Pre Member. If the spending on a Transaction by a Registered Memberexceeds HKD500 or other amount specified by K11 LP, the credit, debit, ApplePay or Alipay payment slip shall also be presented by the Pre-Member to K11 LPunless the payment is made through the use of Octopus card and K11 LP has theright to verify the name of the Registered Member on such slip is the same asthat of his/her e-Card / official identity document.

5.3.2   Mainland China Spending -K11 LP will only accept invoice (發票) printed under supervisionof the local tax authority together with the machine-printed receipts as proofof any One-Off Spending in Mainland China by the Registered Member.

5.3.3   Originals Only - K11 LPwill only accept original receipts or invoices and does not accept reprinted,handwritten and photocopied receipts or invoices. The payment must be made bythe member himself/herself and K11 LP reserves the right to seek verificationfrom the member.

5.3.4   Keeping Records - K11 LP isentitled to make copies of the receipts or invoices produced by the RegisteredMember to K11 LP for audit purpose.

5.3.5   Discretion to Reject - K11LP is entitled to reject any receipts or invoices that K11 LP suspects to beinvalid, forged or not issued for genuine transactions.

5.3.6   Not Re-usable - K11 LP isentitled to mark on the original receipts or invoices used for earning One-OffSpending by the Registered Member. K11 LP does not accept the use of suchmarked receipts or invoices for earning KLUB Points by the Registered Member again.

6.      Termination of Registered Membership: K11 LP is entitledto terminate the Registered Membership of a Registered Member automatically ifthe Registered Member does not satisfy all conditions for becoming a Pre-Memberor Gold Card Member within the period specified by K11 LP (if any). Upon suchtermination, K11 LP is also entitled to forfeit all accumulated spending ofsuch Registered Member and does not include them for calculation of Benefitspurpose.

7.      Use: The use of the KLUB 11 Website and facility by theMember is also governed by, if any, the applicable terms and conditions and thePrivacy Policy Statement of such website and facility.

8.      Additional Terms: K11 LP is entitled to impose additionalterms and conditions in respect of the Membership, the Card, the KLUB Pointsand the Benefits from time to time. Should there be any inconsistencies betweenthe terms and conditions of this Agreement and those additional terms andconditions, those additional terms and conditions shall prevail.

9.      Verification of Identification: K11 LP and the DesignatedMerchants are entitled to request a Member to present his Membership e-Cardand, if necessary, other identification documents for verification ofidentities of the Member when the Member claims for any Benefits.

10.   Right to Terminate or Suspend: K11 LP reserves the rightto forthwith terminate or suspend the Membership of any Member at any time atthe sole discretion of K11 LP without any reasons or compensation.

11.   Forfeiture of KLUB Points: K11 LP is entitled to cancelall unused KLUB Points of a Member forthwith upon termination of its Membershipfor whatsoever reasons without any compensation.

12.   Waiver of Rights: A Member hereby is deemed to have read,understood and agreed that he does not rely on any statement, representation,assurance or warranty made by K11 LP and shall waive all of his rights, if any,against K11 LP in relation thereof.

13.   Right to Modify: K11 LP is entitled to, at any time,modify the structure, contents and other features of the Program, including butnot limited to joining programs of or having arrangements with other programsfor customer rewards and targeted offers.

14.   Right to Amend: K11 LP is entitled to revise and amendthis Agreement at any time without any prior notice.

15.   Right to Interpret: The right to interpret this Agreementis vested in K11 LP. In case of any disputes, the decision of K11 LP shall befinal and binding on all parties concerned.

16.   English Version Prevails: The Chinese version of thisAgreement is for reference only. In case of discrepancies between the Englishversion and the Chinese version, the English version prevails.

17.   Governing Law: This Agreement shall be governed by thelaws of Hong Kong Special Administrative Region and shall be subject tonon-exclusive jurisdiction of the courts of Hong Kong.

Fullversion of Terms and Conditions of KLUB 11 Program set out at KLUB 11 website(www.klub-11.com) applies.


KLUB 11 Pre-Member Termsand Conditions

1.      Eligibility: Any person who is aged 18 or above andsatisfies the membership entry requirements as may be specified by K11 LP fromtime to time is eligible for application for Membership. The registered nameshall be the same as the applicant’s official identity document and K11 LPreserves the right to seek verification from the applicant.

2.      Discretion to Decline: K11 LP is entitled to decline anyapplication for Membership at its absolute discretion without giving anyreasons.

3.      No KLUB Points: For avoidance of doubt, K11 LP does notoffer any KLUB Points to Members for any spending in Transaction by the Memberswhich are already counted as fulfilment of the applicable conditions forapplication of Membership.

4.      Use of e-Card: K11 LP and the Designated Merchants areentitled to request a Member to produce his e-Card when he claims for anyBenefits or make a request in relation to his Membership, the e-Card, and theBenefits. K11 LP and the Designated Merchants are entitled to assume withoutproof that the bearer of an e-Card is the Member named thereon.

5.      Non-Transferability: The Membership, the e-Card, and theBenefits are not transferable by the Member and may only be used or enjoyed bythe Member to whom the Membership, the e-Card, and the Benefits are granted orissued.

6.      Pre-Membership: No Benefits will be enjoyed byPre-Members including but not limited to the granting of KLUB Points, unlessotherwise stated.

7.      Upgrade to Gold Card Member of Pre-Membership: Uponregistration as Pre-Member after the first time transaction, if the accumulatedspending (“Accumulated Spending”) of Pre-Member has reached HKD5,000 withinsixty (60) days or same-day spending has reached HKD3,000, he/she will beupgraded to Gold Card Member automatically. If a Pre-Member fails to fulfillthe upgrade requirement within the designated period, the accumulated spendingrecord will be forfeited and it will be re-calculated for another sixty (60)days upon the next transaction.

7.1        Eligible Transaction Only – Only an eligible Transactionbetween a Pre-Member and a Participating Merchant shall be counted towards the AccumulatedSpending towards becoming a Gold Card Member; and the Transaction shall excludethe following transactions:

7.1.1       Any single spending below HKD50;

7.1.2       Purchase of cash vouchers, gift cards or coupons, storedvalue cards or pre-paid cards;

7.1.3       Payments using rebate promotion (coupons) and New VIPcash vouchers provided and issued by the Participating Merchants;

7.1.4       Adding value to Octopus cards, stored value cards orpre-paid cards;

7.1.5       Currency exchange;

7.1.6       Any transaction at Hyatt Regency Hotel;

7.1.7       Charity donations;

7.1.8       Any bill payment (including but not limited to payment oftelecommunication or utility bills); and

7.1.9       Any other transaction between the Pre-Member and theParticipating Merchants as specified by K11 LP from time to time.

7.2        Registration Required – The Pre-Member shall register theAccumulated Spending in the Transaction via his/her Mobile App or by presentinghis/her e-Card and other proofs as specified in Clause 7.4 herein to the KLUBConcierge Perks in the same K11 Art Mall or Designated Mall or other locationsas specified by K11 LP from time to time within seven (7) days after the dateof the relevant Transaction or other period as specified by K11 LP from time totime. The Accumulated Spending are deemed to be achieved by the Pre-Member onthe date of the Transaction.

7.3        Eligible Registration -

                      Means

Eligible              

spending

3/F, KLUB Concierge Perks /

G/F, Concierge

 “K11 HK” Mobile App /

Self-service Kiosk on G/F

Cash Payment

Electronic Payment

Cash Payment

Electronic Payment

Minimum

HKD50

HKD50

HKD50

HKD50

Maximum

HKD500

Without upper limit

HKD500

HKD3,000

A Pre-Member cannot register any Accumulated Spendingfor any Transaction of more than the maximum eligible spending stated above(except for any transactions made in K11 Select or K11 Design Store in HongKong).

7.4  Proof

7.4.1   Hong Kong Spending - K11 LPwill only accept machine-printed receipts as proof of Accumulated Spending inHong Kong by the Pre Member. If the spending on a Transaction by a Pre-Memberexceeds HKD500 or other amount specified by K11 LP, the credit, debit, ApplePay or Alipay payment slip shall also be presented by the Pre-Member to K11 LPunless the payment is made through the use of Octopus card and K11 LP has theright to verify the name of the Pre-Member on such slip is the same as that ofhis/her e-Card / official identity document.

7.4.2   Mainland China Spending -K11 LP will only accept invoice (發票) printed under supervisionof the local tax authority together with the machine-printed receipts as proofof any Accumulated Spending in Mainland China by the Pre-Member.

7.4.3   Originals Only - K11 LPwill only accept original receipts or invoices and does not accept reprinted,handwritten and photocopied receipts or invoices. The payment must be made bythe member himself/herself and K11 LP reserves the right to seek verificationfrom the member.

7.4.4   Keeping Records - K11 LP isentitled to make copies of the receipts or invoices produced by the Pre-Memberto K11 LP for audit purpose.

7.4.5   Discretion to Reject - K11LP is entitled to reject any receipts or invoices that K11 LP suspects to beinvalid, forged or not issued for genuine transactions.

7.4.6   Not Re-usable - K11 LP isentitled to mark on the original receipts or invoices used for earningAccumulated Spending by the Pre-Member. K11 LP does not accept the use of suchmarked receipts or invoices for earning KLUB Points by the Pre-Member again.

8.      Termination of Pre-Membership: K11 LP is entitled toterminate the Pre-Membership of a Pre-Member automatically if the Pre-memberdoes not satisfy all conditions for becoming a Gold Card Member within theperiod specified by K11 LP. Upon such termination, K11 LP is also entitled toforfeit all accumulated spending of such Pre-Member and does not include themfor calculation of Benefits purpose.

9.      Use: The use of the KLUB 11 Website and facility by theMember is also governed by, if any, the applicable terms and conditions and thePrivacy Policy Statement of such website and facility.

10.   Additional Terms: K11 LP is entitled to impose additionalterms and conditions in respect of the Membership, the Card, the KLUB Pointsand the Benefits from time to time. Should there be any inconsistencies betweenthe terms and conditions of this Agreement and those additional terms andconditions, those additional terms and conditions shall prevail.

11.   Verification of Identification: K11 LP and the DesignatedMerchants are entitled to request a Member to present his Membership e-Cardand, if necessary, other identification documents for verification ofidentities of the Member when the Member claims for any Benefits.

12.   Right to Terminate or Suspend: K11 LP reserves the rightto forthwith terminate or suspend the Membership of any Member at any time atthe sole discretion of K11 LP without any reasons or compensation.

13.   Forfeiture of KLUB Points: K11 LP is entitled to cancelall unused KLUB Points of a Member forthwith upon termination of its Membershipfor whatsoever reasons without any compensation.

14.   Waiver of Rights: A Member hereby is deemed to have read,understood and agreed that he does not rely on any statement, representation,assurance or warranty made by K11 LP and shall waive all of his rights, if any,against K11 LP in relation thereof.

15.   Right to Modify: K11 LP is entitled to, at any time,modify the structure, contents and other features of the Program, including butnot limited to joining programs of or having arrangements with other programsfor customer rewards and targeted offers.

16.   Right to Amend: K11 LP is entitled to revise and amendthis Agreement at any time without any prior notice.

17.   Right to Interpret: The right to interpret this Agreementis vested in K11 LP. In case of any disputes, the decision of K11 LP shall befinal and binding on all parties concerned.

18.   English Version Prevails: The Chinese version of thisAgreement is for reference only. In case of discrepancies between the Englishversion and the Chinese version, the English version prevails.

19.   Governing Law: This Agreement shall be governed by thelaws of Hong Kong Special Administrative Region and shall be subject tonon-exclusive jurisdiction of the courts of Hong Kong.

Full version of Terms andConditions of KLUB 11 Program set out at KLUB 11 website (www.klub-11.com)applies.

 

KLUB 11 Gold Card & Black Card Member Terms and Conditions

1.      Definitions

1.1        Benefit means any rewards, services, benefits,promotions, privileges, offers or the like offered or to be offered to theMembers by K11 LP or any third parties (including but not limited to theDesignated Merchants) under the Program from time to time.

1.2        e-Card means a membership e-Card or Physical Card (includingbut not limited to a Pre-Membership e-Card, Gold/ Black Membership e-Card andsuch other kinds of membership cards as may be specified by K11 LP from time totime) issued to a Member for enjoyment of the Benefits. The registered nameshall be the same as the applicant’s official identity document and K11 LPreserves the right to seek verification from the applicant.

1.3        Card Issue City means the city specified on the face of aCard.

1.4        Designated Malls means any commercial premises other thanK11 Art Malls (whether in Hong Kong or in Mainland China) as may be designatedby K11 LP from time to time.

1.5        Designated Merchant means any merchant who offers or willoffer rewards, services, benefits, promotions, privileges, offers or the liketo the Members under the Program subject to the applicable terms andconditions, whether specified herein or the otherwise. A list of such merchantsis set out at http://www.klub-11.com/memberprom.aspx?type=p1&languageType=english and may be varied andupdated by K11 LP from time to time without any prior notice.

1.6        Gold/ Black Card Member means a person admitted by K11 LPto be a KLUB 11 Gold/ Black Card Member under the Program subject to such termsand conditions as K11 LP may think fit.

1.7        Hong Kong means the Hong Kong Special AdministrativeRegion.

1.8        K11 LP means K11 Loyalty Program Limited, a companyincorporated in Hong Kong with registered office at 10/F, Inter-ContinentalPlaza, 94 Granville Road, Tsim Sha Tsui, Kowloon, Hong Kong.

1.9        K11 Art Mall means any K11 Art Malls (whether in HongKong or in Mainland China) as may be designated by K11 LP from time to time.

1.10    KLUB Concierge Perks means a service counter in any K11Art Mall or Designated Mall or other location as may be designated for use byK11 LP from time to time.

1.11    KLUB Point means the credit point granted to the Membersby K11 LP under the Program.

1.12    KLUB 11 Website means the website at www.KLUB-11.com.

1.13    Member means any Pre-Member, Gold Card Member, Black CardMember and other class of members of KLUB 11 as may be designated by K11 LPfrom time to time.

1.14    Membership means the membership of KLUB 11 of whateverclass.

1.15    Participating Merchant means any merchant recognized orto be recognized by K11 LP, with whom a Gold/ Black Card Member who spent isentitled to earn KLUB Points subject to the applicable terms and conditions in Clause6. A list of such merchants may be varied and updated by K11 LP from time totime without any prior notice. For the avoidance of doubt, a ParticipatingMerchant does not include:

(a)    any car park operators, hotels, banks, financial institutionsor securities brokers;

(b)   any merchants that do not issue machine-printed receipts;and

(c)    any merchants that are not duly authorized to do businessin K11 Art Malls or the Designated Malls.

1.16    Pre-Member means a Member admitted by K11 LP to be a KLUB11 Pre-Member under the Program subject to such terms and conditions as K11 LPmay think fit.

1.17    Program means the programme operated and managed by K11LP under the name of “KLUB 11”.

1.18    Transaction means the transaction specified by K11 LP inthis Agreement.

1.19    A reference to one gender includes a reference to allgenders.

1.20    Words in the singular includes the plural and vice versa.

 

2.      Enrolment

2.1        Eligibility - Any person who is aged 18 or above andsatisfies the Membership entry requirements as may be specified by K11 LP fromtime to time is eligible for application for Membership. For Black CardMembership, it is by invitation only and the membership will only be valid fora period of 12 months from the date a Black Card Member joins or renews themembership.
Discretion to Decline - K11 LP is entitled to decline any application forMembership at its absolute discretion without giving any reasons.

2.2        No KLUB Points - For avoidance of doubt, K11 LP does notoffer any KLUB Point to Gold/ Black Card Members for any spending inTransaction by the Gold/ Black Card Members which are already counted asfulfilment of the applicable conditions for application of Membership.

 

3.      Membership e-Card

3.1        e-Card - K11 LP will issue an e-Card to a Member upon hissuccessful application for Membership. The registered name shall be the same asthe applicant’s official identity document and K11 LP reserves the right toseek verification from the applicant.

3.2        Use of e-Card - K11 LP and the Designated Merchants areentitled to request a Member to produce his e-Card when he claims for anyBenefits or make a request in relation to his Membership, the e-Card, the KLUBPoints and the Benefits. K11 LP and the Designated Merchants are entitled toassume without proof that the bearer of a Card is the Member named thereon.

3.3        Physical Card and Card Replacement - If a Member requestsfor a physical card and /or the replacement of a Card (due to loss or damage),K11 LP is entitled to charge the Member an administration fee of HKD100 if therelevant Card Issue City is Hong Kong, or at RMB100 if the relevant Card IssueCity is in Mainland China or such fee as may be specified by K11 LP from timeto time.

3.4        Return of the Physical Card - The Physical Card remainsthe property of K11 LP and shall be returned to K11 LP immediately by a Memberupon termination of the Membership or upon request of K11 LP from time to time.

3.5        Misuse - Misuse of the e-Card or Physical Card by aMember may result in termination or suspension of Membership or withdrawal ofBenefits from the Member by K11 LP and the Designated Merchants withoutprejudice to the accrued rights and remedies of K11 LP and the DesignatedMerchants against the Member.

 

4.      Non-Transferability

4.1        Non-Transferability - The Membership, the e-Card/Physical Card, the KLUB Points/K Dollars and the Benefits are not transferableby the Member and may only be used or enjoyed by the Member to whom theMembership, the e-Card/ Physical Card, the KLUB Points and the Benefits aregranted or issued.

 

5.      Pre-Membership

5.1        Termination of Pre-Membership - K11 LP is entitled toterminate the Membership of a Pre-Member automatically if the Pre-member doesnot satisfy all conditions for becoming a Gold/ Black Card Member within theperiod specified by K11 LP. Upon such termination, K11 LP is also entitled to forfeitall accumulated spending of such Pre-Member and does not include them forcalculation of Benefits purpose. K11 LP shall have the right not to resume theforfeited accumulated spending even the Pre-member extends or renews hisMembership.

 

6.      KLUB Points and K Dollars

6.1        Earning Rates - Only a Gold/ Black Card Member isentitled to earn KLUB Points. Subject to Sub-Clauses 3 and 4 of this Clause, a Gold/Black Card Member will earn 1 KLUB Point for every HKD1 he spent in aTransaction at a Participating Merchant in Hong Kong and 1 KLUB Point for everyRMB1 he spends in a Transaction at a Participating Merchant in Mainland China(excluding spending by K Dollar(s)). K11 LP is entitled to adjust the KLUBPoint earning rates at any time without any prior notice and to restrict orlimit the number of KLUB Points a Gold/ Black Card Member will earn on eachTransaction for the special programs, facilities and promotional activities.

6.2        Spending Rates – Only a Gold/ Black Card Member isentitled to convert KLUB Points to K Dollars. A Gold/ Black Card Member canconvert 250 KLUB Points to 1 K Dollar that can be used as HKD1 instant cash tobe spent in a Transaction at a Participating Merchant in Hong Kong (and convert250 KLUB Points to 1 K Dollar that can be used as RMB1 instant cash to be spentin a Transactions at a Participating Merchant in Mainland China, when available).K11 LP is entitled to adjust the KLUB Point spending rates at any time withoutany prior notice and/or to restrict or limit the number of KLUB Points a Gold/Black Card Member will spend on each Transaction for the special programs,facilities and promotional activities. All KLUB Points decimals will be roundedup to the closest single digit, e.g.:-

Example 1 – Converting the KLUB Points Balance on 1 April 2017

After the change of proposition to HKD/RMB1: 10 KLUB Points

Final Conversion

16,763.1 KLUB Points

16,764 KLUB Points

Example 2 – Spending from 1 April 2017 onwards

Spending

KLUB Points earned

HKD/RMB250.40

251 KLUB Points

 

6.3        Non-reversible and Non-countable – KLUB Points converted intoK Dollars and QR code scanned by the merchants are not reversible to KLUBPoints. No refund is allowed and cannot be converted into cash. Spending by KDollars are also not counted as spending amounts for promotional and redemptionprograms organized by K11 LP.

6.4        Minimum spending amount of K Dollar: Members shall spendat least 10 K Dollars in participating merchants if he wishes to spend KDollars by converting respective KLUB Points.

6.5        Eligible Transaction Only - K11 LP will only offer KLUBPoints to a Gold/ Black Card Member for the spending on an eligible Transactionbetween a Gold/ Black Card Member and a Participating Merchant and theTransaction shall exclude the spending by a Gold/ Black Card Member in thefollowing transactions:

(a)     Any single spending below HKD50;

(b)    Purchase of cash vouchers, gift cards or coupons, storedvalue cards or pre-paid cards;

(c)     Payments using rebate promotion (coupons) and New VIPcash vouchers provided and issued by the Participating Merchants;

(d)    Adding value to Octopus cards, stored value cards orpre-paid cards;

(e)     Currency exchange;

(f)      Any transaction at Hyatt Regency Hotel;

(g)     Charity donations;

(h)    Any bill payment (including but not limited to payment oftelecommunication or utility bills); and

(i)      Any other transaction between the Gold/ Black Card Memberand the Participating Merchants as specified by K11 LP from time to time.

6.6        Registration Required - To earn KLUB Points, the Gold/Black Card Member shall register the spending in the Transaction via his/her MobileApp or by presenting his e-Card and other proofs as specified in Clause 7herein to the KLUB Concierge Perks in the same K11 Art Mall or Designated Mallor other locations as specified by K11 LP from time to time within seven (7)days after the date of the relevant Transaction or other period as specified byK11 LP from time to time. KLUB Points are deemed to be earned by the Gold/Black Card Member on the date of the Transaction.

6.7        Eligible Registration-

                      Means

Eligible              

spending

3/F, KLUB Concierge Perks /

G/F, Concierge

 “K11 HK” Mobile App /

Self-service Kiosk on G/F

Cash Payment

Electronic Payment

Cash Payment

Electronic Payment

Minimum

HKD50

HKD50

HKD50

HKD50

Maximum

HKD500

Without upper limit

HKD500

HKD3,000

A Gold/ Black Card Member cannot earn any KLUB Points forany Transaction of more than the maximum eligible spending stated above (exceptfor any transactions made in K11 Select or K11 Design Store in Hong Kong).

6.8        Corrections - K11 LP is entitled to cancel or deduct the KLUBPoints of any Gold/ Black Card Member if such KLUB Points were granted by K11LP to the Gold/ Black Card Member by mistake or error.

 

7.      Proof

7.1        Hong Kong Spending - K11 LP will only acceptmachine-printed receipts as proof of spending in Transaction in Hong Kong bythe Gold/ Black Card Member. If the spending on a Transaction by a Gold/ BlackCard Member exceeds HKD500 or other amount specified by K11 LP, the credit,debit, Apple Pay or Alipay payment slip shall also be presented by the Gold/Black Card Member to K11 LP unless the payment is made through the use ofOctopus card and K11 LP has the right to verify the name of the Gold/ BlackCard Member on such slip is the same as that of his e-Card / official identitydocument.

7.2        Mainland China Spending - K11 LP will only accept invoice(發票) printed under supervision of the local tax authoritytogether with the machine-printed receipts as proof of any spending in MainlandChina by the Gold/ Black Card Member.

7.3        Originals Only - K11 LP will only accept originalreceipts or invoices and does not accept reprinted, handwritten and photocopiedreceipts or invoices. The payment must be made by the member himself/herselfand K11 LP reserves the right to seek verification from the member.

7.4        Keeping Records - K11 LP is entitled to make copies ofthe receipts or invoices produced by the Gold/ Black Card Member to K11 LP foraudit purpose.

7.5        Discretion to Reject - K11 LP is entitled to reject anyreceipts or invoices that K11 LP suspects to be invalid, forged or not issuedfor genuine transactions.

7.6        Not Re-usable - K11 LP is entitled to mark on theoriginal receipts or invoices used for earning KLUB Points by the Gold/ BlackCard Member. K11 LP does not accept the use of such marked receipts or invoicesfor earning KLUB Points by the Gold/ Black Card Member again.

 

8.      Cancelled Transactions

8.1        Deduction - If a Gold/ Black Card Member has earned KLUBPoints from a Transaction which is subsequently cancelled or reversed forwhatever reasons, K11 LP is entitled to deduct the KLUB Points earned therefromfrom his account.

8.2        Shortfall - If a Gold/ Black Card Member has alreadyobtained the Benefits but does not have sufficient KLUB Points for redemptionof the Benefits for whatever reasons, the Gold/ Black Card Member shall make upthe shortfall by paying to K11 LP HKD100 for every 100 KLUB Points or RMB100for every 100 KLUB Points or other ratio specified by K11 LP or its pro-rateamount. The Gold/ Black Card Member agrees that the payment by the Gold/ BlackCard Member to K11 LP in the shortfall is an agreed liquidated damages but nota penalty.

 

9.      Statements

9.1        Deemed Correct - If a Gold/ Black Card Member does notreport the error on KLUB Points to K11 LP within thirty (30) days from date ofissue of a statement from K11 LP to the Gold/ Black Card Member, the Gold/Black Card Member is deemed to agree to the accuracy of the KLUB Points on thestatement.

9.2        Conclusive - Except for manifest errors, the records ofK11 LP as to the number of KLUB Points earned or used by a Gold/ Black CardMember are conclusive.

 

10.   Expiry of KLUB Points

10.1    Expiry Date -The KLUB Points which a Gold/ Black CardMember has earned will be subject to an expiry date depending on the date the Gold/Black Card Member becomes a KLUB 11 Member. On the Expiry Date, the remaining KLUBPoints unused will expire.  K11 LPreserves the right to shorten or extend the expiry period of KLUB Points withor without notice to a Gold/ Black Card Member.

Date of Joining KLUB 11 as a Gold/ Black Card Member

Points Expiry Date

1 January to 31 March

31 March of each following year

1 April to 30 June

30 June of each following year

1 July to 30 September

30 September of each following year

1 October to 31 December

31 December of each following year

10.2    Illustrative Examples - For avoidance of doubt, if a Gold/Black Card Member joins KLUB 11 on 15 May 2017, the corresponding expiry dateof his KLUB Points will be 30 June 2018. The KLUB Points that he earns from 15 May2017 to 30 June 2018 shall expire on 30 June 2018.

 

11.   KLUB 11 Website / Mobile Apps / Self-serve Kiosks

(a)     Services - Only a Gold/ Black Card Member may use thefollowing services via below channels:

Types of Services

K11 Website

K11 Mobile Apps

Self-serve Kiosks

Register eligible transactions for KLUB Points earning

 

Convert KLUB Points into K Dollar

 

 

Redeem KLUB Points for rewards

 

Check KLUB Points/ K Dollar balance

Update personal particulars

 

Check information on member benefits and privileges

 

 

11.2    Password - For the purpose of using the servicesmentioned in Sub-Clause 1 of this Clause, each Gold/ Black Card Member will beassigned a membership account and a password. The Gold/ Black Card Member shallkeep his membership account, username and password strictly confidential and insafe custody. The Gold/ Black Card Member is fully responsible for any use ofhis membership account by any person (including any third parties whether withor without authority of the Gold/ Black Card Member).

11.3    Use - The use of the KLUB 11 Website and facility by the Gold/Black Card Member is also governed by, if any, the applicable terms andconditions and the Privacy Policy Statement of such website and facility.

 

12.   Redemption and Enjoyment of Benefits

12.1    Additional Terms - K11 LP is entitled to imposeadditional terms and conditions in respect of the Membership, the e-Card, the KLUBPoints and the Benefits from time to time. Should there be any inconsistenciesbetween the terms and conditions of this Agreement and those additional termsand conditions, those additional terms and conditions shall prevail.

12.2    Specified Mall for Benefit - A Member may only claimcertain items under the Benefits, at the respective K11 Art Mall located at theCard Issue City of his e-Card and/ or certain Designated Mall and/ or otherlocation specified by K11 LP from time to time and K11 LP is entitled to makefinal decision on such items of Benefits.

12.3    Limitation - All Benefits are offered subject toavailability and are offered only while stocks last (if applicable).

12.4    Eligibility - K11 LP is entitled to grant Benefits(including but not limited to using KLUB Points) to a Member only when theMembership account of this Member is valid and in good standing as recognisedby K11 LP.

12.5    No change - Once K11 LP has accepted a redemption requestfrom a Member, the redemption request by the Member cannot be changed orcancelled.

12.6    Verification of Identification - K11 LP and theDesignated Merchants are entitled to request a Member to present his Card and,if necessary, other identification documents for verification of identities ofthe Member when the Member claims for any Benefits.

13.   Reward Redemption

13.1    QR Code - KLUB 11 may issue a one-time use QR code (“QRCode”) for specific rewards via the member’s registered email or be stored in hisKLUB 11 account on K11 Apps upon successful redemption The issued QR codeentitles the holder to redeem the reward within the designated validity periodat designated location as stated.

13.2    KLUB Point/ K Dollar Plus Pay feature - It may be madeavailable by KLUB 11 / K11 Kulture Academy for certain rewards under the onlineredemption platform in KLUB 11/ K11 Kulture Academy website – My KLUB 11 MemberLogin. Under the KLUB Points/ K Dollar Plus Pay feature, Member can redeem thespecific reward using a combination of KLUB Point/ K Dollar and additionalpayment. All payment must be made through the online credit card paymentsystem.

13.3    Currency for Additional Payment - All prices listed in KLUB11 / K11 Kulture Academy website for redemption are denoted in Hong Kongdollars. All payments must be settled in Hong Kong dollars only.

13.4    Online Payment by Credit Card - Only credit cardsregistered with “Verified by Visa” or “MasterCard Secure Code” can be used inour online payment system (“Online Payment”). If you wish to pay via OnlinePayment, please register with either of these services through your credit cardissuing bank before placing your order. By using the Online Payment system yourepresent and warrant that you have obtained your credit card legally and havethe capacity to enter into an Online Payment transaction. NOTE if you proceedwith payment via Online Payment system, you will be directed to a different websiteaddress operated by service provider of such Online Payment, KLUB 11 does notendorse nor support the content of such website address. The user agreement forthe Online Payment service will govern your use of that service, and you mustrefer to that user agreement and not these terms and conditions to determineyour rights and liabilities as a user of the Online Payment services.

13.5    Redemption Requests - Members may submit requests forredemption of rewards through KLUB 11 / K11 Kulture Academy website or KLUBConcierge Perks. Nevertheless, the KLUB Points/ K Dollar Plus Pay redemptionfeature is only available online. KLUB 11 may accept or reject such requestsaccording to whether Member has sufficient KLUB Points or successfully processany required payment for the Redemption and whether the reward is stillavailable.

13.6    Deduction of KLUB Points/ Monetary payment - When aMember redeems the Reward(s), the relevant KLUB Points/K Dollars will bededucted automatically from his or her KLUB 11 account. The deductions will beshown on the Members’ statements of accounts.

13.7    Redemption Notifications - If an online redemptionrequest is accepted by KLUB 11 / K11 Kulture Academy, a redemption notificationletter will be sent to the Member by e-mail or via Mobile Apps. If a Memberfails to collect his reward in accordance with the instructions specified in redemptionnotification before the expiry of the QR Code, he or she is deemed to havegiven up his or her right to collect the reward.

13.8    Verification of Identity - A Member shall present his orher original and valid Gold/ Black Card Membership e-Card for inspection at thetime of redemption.

13.9    Limited Stock - Rewards are offered on afirst-come-first-served basis, and shall be available while stock lasts.

13.10  No Exchange - Rewards and QRcodes cannot be exchanged for cash or other gifts.

13.11  Use of rewards and QR Codes- Specific terms and conditions may apply to each reward and issued QR code.

14.   Termination or Suspension of Membership

14.1    Right to Terminate or Suspend - K11 LP is entitled toforthwith terminate or suspend the Membership of any Member in case the Memberbreaches any terms and conditions of this Agreement or does not follow theinstruction of the K11 LP. In addition, K11 LP reserves the right to forthwithterminate or suspend the Membership of any Member at any time at the solediscretion of K11 LP without any reasons or compensation. K11 LP shall not beliable for any loss or damage resulting therefrom by any party in any event.

14.2    Forfeiture of KLUB Points - K11 LP is entitled to cancelall unused KLUB Points of a Member forthwith upon termination of its Membershipfor whatsoever reasons without any compensation.

14.3    Not Affecting Other Rights - Termination of Membership ofthe Member for whatsoever reasons shall be without prejudice to the accruedrights and remedies of K11 LP, the Participating Merchants and the DesignatedMerchants.

14.4    Death - Upon death of a Member, his Membership accountshall be closed and all unused KLUB Points (if any) shall be cancelled by K11LP without any compensation.

15.   Disclaimers and Exclusion of Liabilities

15.1    Exclusion and Limitation of Liability - All liability, ifany, on the part of K11 LP, its employee, affiliates, agents, suppliers andpartner organizations as set out in this Agreement, expressed or implied bystatute or otherwise, are hereby excluded to the fullest extent permitted bylaw. Without prejudice to the foregoing, the maximum liability of K11 LP to anyMember shall not exceed HKD100 in aggregate in any event.

15.2    Waiver of Rights - A Member hereby is deemed to haveread, understood and agreed that he does not rely on any statement,representation, assurance or warranty made by K11 LP and shall waive all of hisrights, if any, against K11 LP in relation thereof.

15.3    Quality and Responsibility of the Benefits - Withoutprejudice to Sub-Clause 2 of this Clause, K11 LP does not give any warranty forthe quality or fitness of any of the Benefits and accepts no responsibility inrespect of the following: -

(a)     refusal by K11 LP and any Designated Merchants to offerthe Benefits or accept the Card;

(b)    unavailability of any of the Benefits; and

(c)     refusal of replacement or change of any of the Benefitsor compensation or reward thereof by K11 LP or any Designated Merchants.

15.4    Disputes and Resolution - In case of any dispute betweenthe Member and the Designated Merchants in relation to this Agreement or theBenefits, both parties shall resolve the disputes themselves. K11 LP shall havethe right not to involve in the dispute provided that it shall be withoutprejudice to any rights of K11 LP under this Agreement, including exercisingits rights to make final decision on the dispute.

15.5    Terms of the Designated Merchants - The DesignatedMerchants may impose additional terms and conditions in respect of the Benefitsavailable to the Member. The Member agrees to be bound by such additional termsand conditions in respect of the Benefits.

16.   Right of Modification etc.

16.1    Right to Modify - K11 LP is entitled to, at any time,modify the structure, contents and other features of the Program, including butnot limited to joining programs of or having arrangements with other programsfor customer rewards and targeted offers.

16.2    Right to Terminate - K11 LP is entitled to amend, suspendand terminate the Program at any time for commercial consideration as it deemsfit by giving to the Members a one (1) week’s prior notice without any reasonsor compensation. In addition, K11 LP reserves the rights to amend, suspend andterminate the Program at any time without any prior notice, reasons orcompensation. K11 LP shall not be liable for any loss or damage resultingtherefrom by any party in any event.

17.   Personal Information Collection Statement

17.1    General - K11 LP will deal with all personal data inaccordance with the Personal Data (Privacy) Ordinance of the Laws of Hong Kongand Privacy Policy Statement of K11 LP. The provisions of this clause set outthe specific areas.

17.2    Purpose and Use - The personal data collected from aMember by K11 LP will be used for daily operation; administration of membershipaccounts and records; research and development; advertising, marketing, publicrelations and direct marketing (including joint marketing); communicating newsand information; identification; processing of purchase orders; provision ofgoods, services, benefits, offers and promotions or others tailored to needs;fundraising; information and database administration; and other purposes inconnection with or incidental to the aforesaid.

17.3    Transfer and Disclosure - K11 LP may share the personaldata with or transfer the same to any third parties (within Hong Kong orMainland China), including but not limited to K11 Group Limited and New WorldDevelopment Company Limited, Chow Tai Fook Jewellery Group Limited, theirrespective holding companies, associated companies, fellow subsidiaries and anycompany in which any of the above has any interest (collectively “New WorldGroup”) and the business associates, partners, agents, contractors, suppliersand providers of K11 LP for the purposes specified in Sub-Clause 2 of this Clause.

17.4    Access and Correction of Information – A Member has aright to request in writing the Personal Data Privacy Officer of K11 LP to:

(a)     access his personal data held by K11 LP (if any); and

(b)    require K11 LP to correct his personal data that isinaccurate (if any).

K11 LP may charge a reasonable fee for processing a dataaccess request of a Member.

17.5    Enquiries - If a Member has any questions or wishes toaccess or correct his personal data held by K11 LP, please contact K11 LP’sPersonal Data Privacy Officer at:

K11 Loyalty Program Limited
10th Floor of Inter-Continental Plaza,
No. 94 Granville Road,
Kowloon,
Hong Kong
Attention:
Legal Department
Personal Data Privacy Officer
(Marked Confidential)

17.6    Security - The physical records of the personal data of aMember will be stored in secured places with restricted access. The electronicrecords of the personal data of a Member will be stored in the servers of K11LP located in secured places. Only authorized personnel of K11 LP will haveaccess to these records and servers.

17.7    Privacy Policy - Please also read the Privacy Policy Statement (http://www.klub-11.com/KLUB_Concierge.aspx?type=a8&languageType=english)of K11 LP at KLUB 11 Website which sets out the generalprivacy policy and practices of K11 LP in respect of its collection, holdingand use of personal data. The Privacy Policy Statement is also applicable tothe Program.

18.   Miscellaneous

18.1    Right to Transfer – K11 LP is entitled to transfer,assign, charge, sub-contract or otherwise dispose of any of the rights orobligations under this Agreement and the Program on such terms and conditionsas K11 LP may at its sole discretion think fit at any time without any priornotice to the Member.

18.2    Right to Amend - K11 LP is entitled to revise and amendthis Agreement at any time without any prior notice.

18.3    Right to Interpret - The right to interpret thisAgreement is vested in K11 LP. In case of any disputes, the decision of K11 LPshall be final and binding on all parties concerned.

18.4    English Version Prevails - The Chinese version of thisAgreement is for reference only. In case of discrepancies between the Englishversion and the Chinese version, the English version prevails.

18.5    Entire Agreement - This Agreement and any provisions ordocuments expressly referred to herein constitute the entire agreement betweenK11 LP and a Member and supersede all previous discussions, correspondence,negotiations, previous arrangement, understanding or agreement between K11 LPand a Member relating to the subject matter.

18.6    Governing Law - This Agreement shall be governed by thelaws of Hong Kong Special Administrative Region and shall be subject tonon-exclusive jurisdiction of the courts of Hong Kong.

 

Terms and Conditions in Respect of DS Dollars

1.      Applicable Activity
By participating in the activity organized by K11 Loyalty Program Limited (“K11LP”) as set out in Clause 2 below (the “Activity”), each participant is deemedto have read, understood and agreed to the terms and conditions applicable tothe Activity.

2.       The Details of Activity
DS Dollars Rebate
When a KLUB 11 Gold/ Black Card Member (“Member”) purchases at K11 Design Storehis purchase shall generate a rebate equivalent to 11% of his net spendingamount (the “DS Dollars”), which the Member may use at K11 Design Store duringthe validity period of the DS Dollars.
Member can earn DS dollars for purchase of K11 Design Store products, exceptduring special promotion as specified by K11 Design Store from time to time.
Member can only earn DS Dollars at designated locations specified by K11 DesignStore. Member needs to present their KLUB 11 e-Membership Card at the time ofpayment to earn DS Dollars and no compensation of DS Dollars will be grantedafter settling payment for whatever reason (the payment must be made by themember).
DS Dollars earned are rounded up to the nearest ten cents.

3.       Special Terms and Conditionsapplicable to the Activity

3.1        Terms Used

(a)     K11 Design Store
“K11 Design Store” shall mean K11 Design Store (Shop 105,110 & 111, Level1, K11, 18 Hanoi Road, Tsim Sha Tsui, Hong Kong) or any counter run by K11Design Store at specified locations notified from time to time.

(b)    Net spending amount
“Net spending amount” shall mean the spending amount after deduction of allpayments by means of K11 Design Store vouchers, DS Dollars, K Dollars, and othervouchers and credits.

3.2        Validity Period of DS Dollars
DS Dollars shall be valid from the day immediately following the Member'srelevant purchase and shall expire on nearest quarter month end (i.e. 31 March,30 June, 30 September, 31 December) with a minimum of ninety (90) days from theMember's relevant purchase. All expired and unused DS Dollars shall becomeinvalid without any compensation.

3.3        Examples

(a)     Member A makes a purchase at K11 Design Store on 10 Marchfor HKD1,296. This will generate HKD1,296*11% = HKD142.6 DS Dollars for MemberA, which he can use in next purchase at K11 Design Store from 11 March to 30 September.

(b)    Member A makes a purchase at K11 Design Store on 10 Marchfor HKD1,296 and uses HKD100 K11 Design Store voucher and HKD28 K Dollars. Thiswill generate (HKD1,296-HKD128)*11% = HKD128.5 DS Dollars for Member A, whichhe can use in next purchase at K11 Design Store from 11 March to 30 September.

3.4        Use of DS Dollars
Member could use both K Dollars and DS Dollars as payment in the sametransaction.
Excepted as provided for above, DS Dollars cannot be used in conjunction withother promotion offers.
Members may decide the amount of DS Dollars to be used for each purchase duringthe validity period of the DS Dollars. The DS Dollars will be deductedaccording to DS Dollars expiry sequence.

3.5        Record
The amount of available DS Dollars will be reflected in the Member’s account.

3.6        Refund or Cancellation
If the Member’s relevant purchase is subsequently refunded or cancelled, anapplicable amount of DS Dollars will be deducted from the Member’s account.

3.7        Membership Card
Member shall at the time of purchase presents his physical KLUB 11 Membershipcard or e-Membership card for verification of identity.

3.8        No Exchange
The DS Dollars cannot be exchanged for cash or other gifts or privileges.

3.9        KLUB Points
The net spending amount may earn KLUB Points.

3.10     Termination of the Activity
K11LP has the right to suspend, terminate or cancel the Activity at any timewithout any prior notice.

3.11     Other Terms Used
Other terms not defined in these Terms and Conditions shall have the samemeanings as defined in the KLUB 11 Program Terms and Conditions.

4.       General Terms and Conditionsapplicable to the Activity

4.1        Amendment
K11LP has the right to amend any of these Terms and Conditions at any timewithout any prior notice.

4.2        Interpretation
K11 LP has the right to interpret these Terms and Conditions. In case ofdisputes, the decision of K11LP will be final and binding on all partiesconcerned.

4.3        English Version Prevails
The Chinese version of these Terms and Conditions are for reference only. Incase of discrepancies between the provisions of the English version and theChinese version, the English version will prevail.

4.4        Governing Laws
These Terms and Conditions shall be governed by the laws of Hong Kong SpecialAdministrative Region.

Issuedby K11 Loyalty Program Limited to be made effective on 3 January 2018.