Klub 11 Program Terms and Conditions

Klub 11 Pre-Member Terms and Conditions

1. Eligibility: Any person who is aged 18 or above and satisfies the membership entry requirements as may be specified by K11 LP from time to time is eligible for application for Membership.

2. Discretion to Decline: K11 LP is entitled to decline any application for Membership at its absolute discretion without giving any reasons.

3. No Klub Points: For avoidance of doubt, K11 LP does not offer any Klub Points to Members for any spending in Transaction by the Members which are already counted as fulfilment of the applicable conditions for application of Membership.

4. Use of e-Card: K11 LP and the Designated Merchants are entitled to request a Member to produce his e-Card when he claims for any Benefits or make a request in relation to his Membership, the e-Card, the Klub Points and the Benefits. K11 LP and the Designated Merchants are entitled to assume without proof that the bearer of an e-Card is the Member named thereon.

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

6. Pre-Membership: No Benefits will be enjoyed by Pre-Members including but not limited to the granting of Klub Points, unless otherwise stated.

7. Upgrade to Gold Member of Pre-Membership: Upon registration as Pre-Member after the first time transaction, if the accumulated spending of Pre-Member has reached HKD5,000 within sixty (60) days or same-day spending has reached HKD3,000, he/she will be upgraded to Gold Member automatically. If a Pre-Member fails to fulfill the upgrade requirement within the designated period, the accumulated spending record will be forfeit and it will be re-calculated for another sixty (60) days upon the next transaction.

8. Termination of Pre-Membership: K11 LP is entitled to terminate the Pre-Membership of a Pre-Member automatically if the Pre-member does not satisfy all conditions for becoming a Gold Member within the period specified by K11 LP. Upon such termination, K11 LP is also entitled to forfeit all accumulated spending of such Pre-Member and does not include them for calculation of Benefits purpose.

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

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

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

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

13. Forfeiture of Klub Points: K11 LP is entitled to cancel all unused Klub Points of a Member forthwith upon termination of its Membership for 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 but not limited to joining programs of or having arrangements with other programs for customer rewards and targeted offers.

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

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

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

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

Full version of Terms and Conditions of Klub 11 Program set out at Klub 11 website (www.klub-11.com) applies.


Klub 11 Program 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 the Members by K11 LP or any third parties (including but not limited to the Designated Merchants) under the Program from time to time.

1.2 e-Card means a membership e-Card or Physical Card (including but not limited to a Pre-Membership e-Card, Gold Membership e-Card and such other kinds of membership cards as may be specified by K11 LP from time to time) issued to a Member for enjoyment of the Benefits.

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

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

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

1.6 Gold Member means a person admitted by K11 LP to be a Klub 11 Gold Member under the Program subject to such terms and conditions as K11 LP may think fit.

1.7 Hong Kong means the Hong Kong Special Administrative Region.

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

1.9 K11 Art Mall means any K11 Art Malls (whether in Hong Kong 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 K11 Art Mall or Designated Mall or other location as may be designated for use by K11 LP from time to time.

1.11 Klub Point means the credit point granted to the Members by 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 Member and other class of members of Klub 11 as may be designated by K11 LP from time to time.

1.14 Membership means the membership of Klub 11 of whatever class.

1.15 Participating Merchant means any merchant recognized or to be recognized by K11 LP, with whom a Gold Member who spent is entitled to earn Klub Points subject to the applicable terms and conditions in Clause 6. A list of such merchants may be varied and updated by K11 LP from time to time without any prior notice. For the avoidance of doubt, a Participating Merchant does not include:

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

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

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

1.16 Pre-Member means a Member admitted by K11 LP to be a Klub 11 Pre-Member under the Program subject to such terms and conditions as K11 LP may think fit.

1.17 Program means the programme operated and managed by K11 LP under the name of “Klub 11”.

1.18 Transaction means the transaction specified by K11 LP in this Agreement.

1.19 A reference to one gender includes a reference to all genders.

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 and satisfies the Membership entry requirements as may be specified by K11 LP from time to time is eligible for application for Membership.

2.2 Discretion to Decline - K11 LP is entitled to decline any application for Membership at its absolute discretion without giving any reasons.

2.3 No Klub Points - For avoidance of doubt, K11 LP does not offer any Klub Point to Gold Members for any spending in Transaction by the Gold Members which are already counted as fulfilment 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 his successful application for Membership.

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

3.3 Physical Card and Card Replacement - If a Member requests for 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 the relevant Card Issue City is Hong Kong, or at RMB100 if the relevant Card Issue City is in Mainland China or such fee as may be specified by K11 LP from time to time.

3.4 Return of the Physical Card - The Physical Card remains the property of K11 LP and shall be returned to K11 LP immediately by a Member upon 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 a Member may result in termination or suspension of Membership or withdrawal of Benefits from the Member by K11 LP and the Designated Merchants without prejudice to the accrued rights and remedies of K11 LP and the Designated Merchants 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 transferable by the Member and may only be used or enjoyed by the Member to whom the Membership, the e-Card/ Physical Card, the Klub Points and the Benefits are granted or issued.

5. Pre-Member

5.1 Termination of Pre-Membership - K11 LP is entitled to terminate the Membership of a Pre-Member automatically if the Pre-member does not satisfy all conditions for becoming a Gold Member within the period specified by K11 LP. Upon such termination, K11 LP is also entitled to forfeit all accumulated spending of such Pre-Member and does not include them for calculation of Benefits purpose. K11 LP shall have the right not to resume the forfeited accumulated spending even the Pre-member extends or renews his Membership.

6. Klub Points and K Dollars

6.1 Earning Rates - Only a Gold Member is entitled to earn Klub Points. Subject to Sub-Clauses 3 and 4 of this Clause, a Gold Member will earn 1 Klub Point for every HKD1 he spent in a Transaction at a Participating Merchant in Hong Kong and 1 Klub Point for every RMB1 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 Klub Point earning rates at any time without any prior notice and to restrict or limit the number of Klub Points a Gold Member will earn on each Transaction for the special programs, facilities and promotional activities.

6.2 Spending Rates – Only a Gold Member is entitled to convert Klub Points to K Dollars. A Gold Member can convert 250 Klub Points to 1 K Dollar that can be used as HKD1 instant cash to be spent in a Transaction at a Participating Merchant in Hong Kong (and convert 250 Klub Points to 1 K Dollar that can be used as RMB1 instant cash to be spent in 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 without any prior notice and/or to restrict or limit the number of Klub Points a Gold Member will spend on each Transaction for the special programs, facilities and promotional activities. All Klub Points decimals will be rounded up 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 into K Dollars and QR code scanned by the merchants are not reversible to Klub Points. No refund is allowed and cannot be converted into cash. Spending by K Dollars are also not counted as spending amounts for promotional and redemption programs organized by K11 LP.

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

6.5 Eligible Transaction Only - K11 LP will only offer Klub Points to a Gold Member for the spending on an eligible Transaction between a Gold Member and a Participating Merchant and the Transaction shall exclude the spending by a Gold Member in the following transactions:

(a) Any single spending below HKD50;

(b) purchase of cash vouchers, gift cards or coupons, stored value cards or pre-paid cards;

(c) payments using rebate promotion (coupons) and New VIP cash vouchers provided and issued by the Participating Merchants;

(d) adding value to Octopus cards, stored value cards or pre-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 of telecommunication or utility bills); and

(i) any other transaction between the Gold Member and the Participating Merchants as specified by K11 LP from time to time.

6.6 Registration Required - To earn Klub Points, the Gold Member shall register the spending in the Transaction via his/her Mobile App or by presenting his e-Card and other proofs as specified in Clause 7 herein to the Klub Concierge Perks in the same K11 Art Mall or Designated Mall or 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 by K11 LP from time to time. Klub Points are deemed to be earned by the Gold Member on the date of the Transaction.

6.7 Corrections - K11 LP is entitled to cancel or deduct the Klub Points of any Gold Member if such Klub Points were granted by K11 LP to the Gold Member by mistake or error.

7. Proof

7.1 Hong Kong Spending - K11 LP will only accept machine-printed receipts as proof of spending in Transaction in Hong Kong by the Gold Member. If the spending on a Transaction by a Gold Member exceeds HKD200 or other amount specified by K11 LP, the credit, debit, Apple Pay or Alipay payment slip shall also be presented by the Gold Member to K11 LP unless the payment is made through the use of Octopus card and K11 LP has the right to verify the name of the Gold Member on such slip is the same as that of his e-Card. A Gold Member cannot earn any Klub Points for any Transaction of more than HKD200 if he pays by cash (except for any transactions made in K11 Select or K11 Design Store in Hong Kong).

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

7.3 Originals Only - K11 LP will only accept original receipts or invoices and does not accept reprinted, handwritten and photocopied receipts or invoices.

7.4 Keeping Records - K11 LP is entitled to make copies of the receipts or invoices produced by the Gold Member to K11 LP for audit purpose.

7.5 Discretion to Reject - K11 LP is entitled to reject any receipts or invoices that K11 LP suspects to be invalid, forged or not issued for genuine transactions.

7.6 Not Re-usable - K11 LP is entitled to mark on the original receipts or invoices used for earning Klub Points by the Gold Member. K11 LP does not accept the use of such marked receipts or invoices for earning Klub Points by the Gold Member again.

8. Cancelled Transactions

8.1 Deduction - If a Gold Member has earned Klub Points from a Transaction which is subsequently cancelled or reversed for whatever reasons, K11 LP is entitled to deduct the Klub Points earned therefrom from his account.

8.2 Shortfall - If a Gold Member has already obtained the Benefits but does not have sufficient Klub Points for redemption of the Benefits for whatever reasons, the Gold Member shall make up the shortfall by paying to K11 LP HKD100 for every 100 Klub Points or RMB100 for every 100 Klub Points or other ratio specified by K11 LP or its pro-rate amount. The Gold Member agrees that the payment by the Gold Member to K11 LP in the shortfall is an agreed liquidated damages but not a penalty.

9. Statements

9.1 Deemed Correct - If a Gold Member does not report the error on Klub Points to K11 LP within thirty (30) days from date of issue of a statement from K11 LP to the Gold Member, the Gold Member is deemed to agree to the accuracy of the Klub Points on the statement.

9.2 Conclusive - Except for manifest errors, the records of K11 LP as to the number of Klub Points earned or used by a Gold Member are conclusive.

10. Expiry of Klub Points

10.1 Cut-off Date - The Klub Points which a Gold Member has earned will be subject to a cut- off date depending on the date the Gold Member becomes a Gold Member of Klub 11. K11 LP reserves the right to shorten or extend the expiry period of Klub Points with or without notice to a Gold Member.

Date of Joining Klub 11 as a Gold Member

Cut-off 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 Expiry - All the Klub Points earned on or before the corresponding cut-off date shall expire within fourteen (14) days of the day after the corresponding cut-off date.

10.3 Illustrative Examples - For avoidance of doubt, if a Gold Member joins Klub 11 on 15 August 2016, the corresponding cut-off date of his Klub Points will be 30 September in 2017. The Klub Points that he earns from 15 August 2016 to 30 September 2017 shall expire within fourteen (14) days of the day after the corresponding cut–off date of 30 September 2017, which is 14 October 2017.

11. Klub 11 Website / Mobile Apps

11.1 Services - Only a Gold Member may use the following services, as part of the Benefits, through Klub 11 Website / Mobile Apps:

(a) making redemption request;

(b) updating his personal particulars;

(c) checking the balance of his Klub Points; and

(d) obtaining information of the Benefits.

11.2 Password - For the purpose of using the services mentioned in Sub-Clause 1 of this Clause, each Gold Member will be assigned a membership account and a password. The Gold Member shall keep his membership account, username and password strictly confidential and in safe custody. The Gold Member is fully responsible for any use of his membership account by any person (including any third parties whether with or without authority of the Gold Member).

11.3 Use - The use of the Klub 11 Website and facility by the Gold Member is also governed by, if any, the applicable terms and conditions 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 impose additional terms and conditions in respect of the Membership, the e-Card, the Klub Points and the Benefits from time to time. Should there be any inconsistencies between the terms and conditions of this Agreement and those additional terms and conditions, those additional terms and conditions shall prevail.

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

12.3 Limitation - All Benefits are offered subject to availability 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 the Membership account of this Member is valid and in good standing as recognised by K11 LP.

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

12.6 Verification of Identification - K11 LP and the Designated Merchants are entitled to request a Member to present his Card and, if necessary, other identification documents for verification of identities of the 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 (“QR Code”) for specific rewards via the member’s registered email or be stored in his Klub 11 account on K11 Apps upon successful redemption The issued QR code entitles the holder to redeem the reward within the designated validity period at designated location as stated .

13.2 Klub Point Plus Pay feature - It may be made available by Klub 11 / Kultural Academy for certain rewards under the online redemption platform in Klub 11 website – My Klub 11 Member Login. Under the Klub Points Plus Pay feature, Member can redeem the specific reward using a combination of Klub Point and additional payment. All payment must be made through the online credit card payment system.

13.3 Currency for Additional Payment - All prices listed in Klub 11 website / Kultural Academy for redemption are denoted in Hong Kong dollars. All payments must be settled in Hong Kong dollars only.

13.4 Online Payment by Credit Card - Only credit cards registered with “Verified by Visa” or “MasterCard Secure Code” can be used in our online payment system (“Online Payment”). If you wish to pay via Online Payment, please register with either of these services through your credit card issuing bank before placing your order. By using the Online Payment system you represent and warrant that you have obtained your credit card legally and have the capacity to enter into an Online Payment transaction. NOTE if you proceed with payment via Online Payment system, you will be directed to a different website address operated by service provider of such Online Payment, Klub 11 does not endorse nor support the content of such website address. The user agreement for the Online Payment service will govern your use of that service, and you must refer to that user agreement and not these terms and conditions to determine your rights and liabilities as a user of the Online Payment services.

13.5 Redemption Requests - Members may submit requests for redemption of rewards through Klub 11 Website / Kultural Academy or Klub Concierge Perks. Nevertheless, the Klub Points Plus Pay redemption feature is only available online. Klub 11 may accept or reject such requests according to whether Member has sufficient Klub Points or successfully process any required payment for the Redemption and whether the reward is still available.

13.6 Deduction of Klub Points/ Monetary payment - When a Member redeems the Reward(s), the relevant Klub Points will be deducted automatically from his or her Klub 11 account. The deductions will be shown on the Members’ statements of accounts.

13.7 Redemption Notifications - If an online redemption request is accepted by Klub 11 / Kultural Academy, a redemption notification letter will be sent to the Member by e-mail or via Mobile Apps. If a Member fails to collect his reward in accordance with the instructions specified in redemption notification before the expiry of the QR Code, he or she is deemed to have given up his or her right to collect the reward.

13.8 Verification of Identity - A Member shall present his or her original and valid Gold Membership e-Card for inspection at the time of redemption.

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

13.10 No Exchange - Rewards and QR codes 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 to forthwith terminate or suspend the Membership of any Member in case the Member breaches any terms and conditions of this Agreement or does not follow the instruction of the K11 LP. In addition, K11 LP reserves the right to forthwith terminate or suspend the Membership of any Member at any time at the sole discretion of K11 LP without any reasons or compensation. K11 LP shall not be liable for any loss or damage resulting therefrom by any party in any event.

14.2 Forfeiture of Klub Points - K11 LP is entitled to cancel all unused Klub Points of a Member forthwith upon termination of its Membership for whatsoever reasons without any compensation.

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

14.4 Death - Upon death of a Member, his Membership account shall be closed and all unused Klub Points (if any) shall be cancelled by K11 LP without any compensation.

15. Disclaimers and Exclusion of Liabilities

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

15.2 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.

15.3 Quality and Responsibility of the Benefits - Without prejudice to Sub-Clause 2 of this Clause, K11 LP does not give any warranty for the quality or fitness of any of the Benefits and accepts no responsibility in respect of the following: -

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

(b) unavailability of any of the Benefits; and

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

15.4 Disputes and Resolution - In case of any dispute between the Member and the Designated Merchants in relation to this Agreement or the Benefits, both parties shall resolve the disputes themselves. K11 LP shall have the right not to involve in the dispute provided that it shall be without prejudice to any rights of K11 LP under this Agreement, including exercising its rights to make final decision on the dispute.

15.5 Terms of the Designated Merchants - The Designated Merchants may impose additional terms and conditions in respect of the Benefits available to the Member. The Member agrees to be bound by such additional terms and 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 but not limited to joining programs of or having arrangements with other programs for customer rewards and targeted offers.

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

17. Personal Information Collection Statement

17.1 General - K11 LP will deal with all personal data in accordance with the Personal Data (Privacy) Ordinance of the Laws of Hong Kong and Privacy Policy Statement of K11 LP. The provisions of this clause set out the specific areas.

17.2 Purpose and Use - The personal data collected from a Member by K11 LP will be used for daily operation; administration of membership accounts and records; research and development; advertising, marketing, public relations and direct marketing (including joint marketing); communicating news and information; identification; processing of purchase orders; provision of goods, services, benefits, offers and promotions or others tailored to needs; fundraising; information and database administration; and other purposes in connection with or incidental to the aforesaid.

17.3 Transfer and Disclosure - K11 LP may share the personal data with or transfer the same to any third parties (within Hong Kong or Mainland China), including but not limited to K11 Group Limited and New World Development Company Limited, Chow Tai Fook Jewellery Group Limited, their respective holding companies, associated companies, fellow subsidiaries and any company in which any of the above has any interest (collectively “New World Group”) and the business associates, partners, agents, contractors, suppliers and 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 a right 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 is inaccurate (if any).

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

17.5 Enquiries - If a Member has any questions or wishes to access or correct his personal data held by K11 LP, please contact K11 LP’s Personal 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 a Member will be stored in secured places with restricted access. The electronic records of the personal data of a Member will be stored in the servers of K11 LP located in secured places. Only authorized personnel of K11 LP will have access 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 general privacy policy and practices of K11 LP in respect of its collection, holding and use of personal data. The Privacy Policy Statement is also applicable to the 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 or obligations under this Agreement and the Program on such terms and conditions as K11 LP may at its sole discretion think fit at any time without any prior notice to the Member.

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

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

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

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

18.6 Governing Law - This Agreement shall be governed by the laws of Hong Kong Special Administrative Region and shall be subject to non-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 (“K11 LP”) as set out in Clause 2 below (the “Activity”), each participant is deemed to have read, understood and agreed to the terms and conditions applicable to the Activity.

2. The Details of Activity 
DS Dollars Rebate 
When a Klub 11 Gold Member (“Member”) purchases at K11 Design Store his purchase shall generate a rebate equivalent to 11% of his net spending amount (the “DS Dollars”), which the Member may use at K11 Design Store during the validity period of the DS Dollars. 
Member can earn DS dollars for purchase of K11 Design Store products, except during special promotion as specified by K11 Design Store from time to time. 
Member can only earn DS Dollars at designated locations specified by K11 Design Store. Member needs to present their Klub 11 Membership e-Card at the time of payment to earn DS Dollars and no compensation of DS Dollars will be granted after settling payment for whatever reason. 
DS Dollars earned are rounded up to the nearest ten cents.

3. Special Terms and Conditions applicable to the Activity

3.1 Terms Used

(a) K11 Design Store 
“K11 Design Store” shall mean K11 Design Store (Shop 105,110 & 111, Level 1, K11, 18 Hanoi Road, Tsim Sha Tsui, Hong Kong) or any counter run by K11 Design Store at specified locations notified from time to time.

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

3.2 Validity Period of DS Dollars 
DS Dollars shall be valid from the day immediately following the Member's relevant 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 the Member's relevant purchase. All expired and unused DS Dollars shall become invalid without any compensation.

3.3 Examples

(a) Member A makes a purchase at K11 Design Store on 10 March for HKD1,296. This will generate HKD1,296*11% = HKD142.6 DS Dollars for Member A, 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 March for HKD1,296 and uses HKD100 K11 Design Store voucher and HKD28 K Dollars. This will generate (HKD1,296-HKD128)*11% = HKD128.5 DS Dollars for Member A, which he 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 same transaction. 
Excepted as provided for above, DS Dollars cannot be used in conjunction with other promotion offers. 
Members may decide the amount of DS Dollars to be used for each purchase during the validity period of the DS Dollars. The DS Dollars will be deducted according 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, an applicable 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 Membership card 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 time without any prior notice.

3.11 Other Terms Used 
Other terms not defined in these Terms and Conditions shall have the same meanings as defined in the Klub 11 Program Terms and Conditions.

4. General Terms and Conditions applicable to the Activity

4.1 Amendment 
K11LP has the right to amend any of these Terms and Conditions at any time without any prior notice.

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

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

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

Issued by K11 Loyalty Program Limited to be made effective on 1 April 2017.