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King Parrot Royal Card Rewards Program ("Royal Card Rewards Program") is a customer loyalty program run by King Parrot Group ("KPG") and is eligible to all customers of the restaurants of KPG as listed in the Schedule annexed hereto. KPG reserves the right to change at any time and without prior notice the restaurants participating as KPG Restaurants.
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During the continuation of Royal Card Rewards Program, the person ("Cardholder") to whom Royal Card is issued will be awarded one (1) Royal Card Point under Royal Card account per HK$1 spent by the Cardholder at selected KPG Restaurants. KPG reserves the right to change at any time and without prior notice the ratio between the Royal Card Points to be awarded and the spending at the KPG Restaurants.
KPG is entitled to charge the following charges against the Cardholder :-
(a) an application fee in such amount as KPG sees fit for the issuance of the Royal Card to the Cardholder and such amount is non-refundable;
(b) an annual fee in such amount as KPG sees fit from time to time for the continuation of services rendered to the Cardholder;
(c) a service charge of such amount as KPG sees fit upon the Cardholder informing KPG that the Cardholder intends to redeem his/her Royal Card Points.
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Royal Card Points awarded to the Cardholder will be redeemable in such manner as set out in the circular dispatched to the Cardholder periodically.
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Only Royal Card Points accumulated up to and shown in the latest monthly statement of the Cardholder will be redeemable. The latest statement will be shown in the website of KPG i.e.www.kingparrot.com ("Website") and such statement as set out in the Website shall be conclusive evidence of the total Royal Card Points the Cardholder can redeem. The Cardholder can also check his/her current Royal Card Points by calling the Royal Card hotline 852-31623535. The Cardholder is not entitled to dispute the credit or calculation of points awarded by KPG to the Cardholder.
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(a) Royal Card Points accumulated under the Royal Card are only redeemable by the Cardholder personally if the Royal Card is current. The staff of KPG is entitled to require the Cardholder to produce identity documents to prove the personal identity of the Cardholder during the redemption process.
(b) The Royal Card will not be accepted and cannot enjoy discount if the same :
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(i) cannot be presented;
(ii) has expired;
(iii) is invalid, lost or stolen;
(iv) is damaged;
(v) does not carry the Cardholder's signature;
(vi) has been altered, defaced, re-printed or re-embossed;
(vii) has such other irregularities on the face of the card; or
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(viii) for any other reasons, rules and regulations which KPG, the merchants or suppliers participating the Royal Card Rewards Program may impose from time to time.
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Royal Card Points are not transferable or exchangeable for cash. Any Royal Card Points accumulated under the Cardholder's account will be forfeited if the Cardholder fails to renew his/her Royal Card upon its expiry date. Without prejudice to the foregoing, any Royal Card Points awarded to the Cardholder which remains unredeemed after such period as KPG may prescribe from time to time will be forfeited and cannot be reinstated.
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Redemption order for Royal Card Points should be made to KPG in the prescribed manner as set out by KPG in its circular to the Cardholder. The redemption order for any products or services are always subject to KPG's approval and availability of the product(s) or service(s).
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The Cardholder shall immediately inform KPG once his/her Royal Card is discovered to be lost, stolen or damaged and followed up with written confirmation within 7 days from the notification date.
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Charges for replacement of the lost, stolen or damaged Royal Card shall be of such sum that may be determined by KPG at the material time. KPG reserves its right to reject the Cardholder's request for replacement of any lost, stolen or damaged Royal Card.
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Upon receipt of the Cardholder's notification, KPG will invalidate the lost, stolen or damaged Royal Card within reasonable time without further notice to the Cardholder. KPG disclaims its liabilities on any losses or damages (either directly or indirectly) that may be suffered by the Cardholder arising from the invalidation of the Royal Card or any delay in canceling the Royal Card.
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Subject to Clauses 19 to 21, KPG reserves the right to email or mail or text message to the Cardholder catalogues or other promotional literature relating to the Royal Card Rewards Program or such other projects, campaigns or promotions that may be carried out by KPG or its holding companies, subsidiaries, associates or related companies ("Catalogues").
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The Cardholder shall not hold KPG liable for any losses or damages (either directly or indirectly) that may be suffered by the Cardholder arising from delay or non-receipt of the Catalogues.
Charges may be imposed on additional copy of the Catalogues requested by the Cardholder.
(a) KPG may not act as the merchant or supplier of the products or services. Even if it does or any one of them does act as supplier, KPG will not give any warranties as to the quality and/or condition of such products or services. Accordingly, KPG will not be responsible for any damage or loss incurred by the Cardholder arising out of the redemption, purchase, supply, installation, consumption, use or otherwise of the products or services or of any negligence, breach of statutory or other duty on the part of KPG.
(b) To the full extent permitted by law, KPG disclaim any and all warranties, representations or statements given by any of the merchants and suppliers who participate in the Royal Card Rewards Program in relation to the condition of the merchant's or supplier's products, services, benefits or rewards. The Cardholder shall waive all claims against KPG in respect of any disputes or claims arising out of such warranties, representations or statements.
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KPG makes no representation or warranty on the ownership of intellectual or industrial property rights subsisting in any products under the Royal Card Rewards Program.
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KPG is entitled at any time and without any prior notice or liability to the Cardholder in any manner whatsoever to terminate the Royal Card Rewards Program or cancel or vary its benefits or features or vary, add to or delete any of these terms and conditions or withdraw or change the particulars of any merchants and suppliers participating in the Royal Card Rewards Program and/or the manner of their redemption even though any of such acts may diminish the value of the Royal Card Points already accumulated.
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In order to be eligible to become a cardholder, the Cardholder must provide his/her personal particulars and data (consisting of the names, identity card numbers, addresses, contact numbers and such other information of the Cardholder that are required by KPG from time to time) ("Data"). The Data will be owned by KPG and the Cardholder hereby irrevocably and unconditionally agrees that the Data shall be held in a database system managed by KPG ("the Database").
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By acknowledging receipt or using of the Royal Card (whichever is earlier), the Cardholder gives and shall be deemed to have given his/her consent to allow KPG to use, process, disclose, transfer or to deal with the Data for the lawful purposes of the business of KPG .
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The Cardholder shall immediately notify KPG in writing of any change of his/her Data whereupon KPG shall take all practicable steps to update the Database within a reasonable time Provided That KPG shall not be liable for any losses or damages that may be suffered by the Cardholder arising whether directly or indirectly from KPG's delay or failure in up-dating the Database for any reasons whatsoever.
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Whilst all reasonable care is taken to preserve the privacy of the Cardholder, KPG shall not be held liable for to any Cardholder or any third party for any loss or damages or any special, direct, indirect, incidental, exemplary or consequential losses or damages whatsoever or howsoever caused under any cause of action arising directly or indirectly from unauthorized intrusion and/or use and/or access of the Database.
Under the terms of the Personal Data (Privacy) Ordinance (Cap.486), the Cardholder has the right:
(a) to check what data KPG holds about him/her and of access to such data;
(b) to require KPG to correct any data relating to him/her which is inaccurate;
(c) to ascertain the policies and practices of KPG in relation to the Data and to be informed of the kind of personal data held by KPG ; and
(d) to request KPG to cease using his/her personal data for the purpose of direct marketing at any time.
Provided that the above requests shall be made by the Cardholder in writing by registered post to KPG at its address mentioned in Clause 24 below. KPG has the right to charge a reasonable fee for processing of any data access request.
Without prejudice to the Cardholder's statutory rights (including without limitation, rights under the Personal Data (Privacy) Ordinance (Cap.486)), in no event shall KPG be liable to any Cardholder or any third party for any loss or injury or any special, direct, indirect, incidental, exemplary or consequential losses or damages whatsoever or howsoever caused under any cause of action arising directly or indirectly in connection with the Royal Card Rewards Program or the use of the Royal Card, including but not limited to the following :-
(a) loss of use (whether in action of contract, negligence or other tortuous action) arising out of or in connection with the Cardholder's use of the products or services redeemed under the Royal Card Rewards Program;
(b) the Cardholder's inability to use or enjoy the products or services under the Royal Card Rewards Program;
(c) suspension, termination or cancellation of the Royal Card;
(d) any delay in processing the application, renewal or replacement for the Royal Card; and/or
(e) any losses or damages that may be suffered by the Cardholder in relation to any amendments or variations to these terms and conditions or rules and conditions set by the merchants or suppliers who participate in the Royal Card Rewards Program.
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Whilst all reasonable care is taken to ensure that the Catalogues, information, publications, advertisements and promotional materials supplied or provided in connection with the Royal Card is true and accurate, KPG shall not be held liable for any direct or indirect consequences arising from errors or omissions (including negligence) in such Catalogues, information, publications, advertisements and promotional materials, whether written or oral.
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Any notice to be given to the Cardholder shall be deemed to have been properly given if sent by prepaid post to the address recorded in the Database. Any notice to be given to KPG by the Cardholder shall be deemed to have been properly given if sent by prepaid registered post to the following address :- 23rd Floor, Chinaweal Centre, 414-424 Jaffe Road, Causeway Bay, Hong Kong
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The Cardholder shall indemnify and hold KPG harmless against any liability for loss, penalty, damage, costs and expenses (including but not limited to legal costs) which KPG may incur by reason of or arising directly or indirectly from any breach on the part of the Cardholder in complying or observing these terms and conditions or in otherwise using of the Royal Card or recovery of any outstanding amounts due from the Cardholder.
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KPG shall be entitled at the time without the consent of or notice to the Cardholder to assign or transfer whole or part of its rights and obligations in relation to the Royal Card and/or the Royal Card Rewards Program to any other third party.
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The Cardholder may terminate the use of the Royal Card at any time by notifying KPG in writing accompanied by the return of the Royal Card but the membership fee is non-refundable.
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KPG has the absolute discretion to terminate, suspend, cancel or impose conditions on the usage of the Royal Card at any time with or without prior notice and with or without cause. Upon such termination or suspension or cancellation, the Cardholder shall immediately return the Royal Card to KPG upon request.
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Upon the termination, cancellation or suspension of the Royal Card for any reason, all Royal Card Points and benefits accumulated under the Royal Card shall be automatically cancelled with immediate effect unless a grace period is granted to the Cardholder to utilize such Royal Card Points. Any unutilized Royal Card Points after expiration of the grace period will be cancelled without further notice.
Without prejudice to the foregoing generality, KPG is entitled to immediately terminate the Royal Card without any prior notice to the Cardholder if :
(a) the Cardholder breaches any of these terms and conditions, including but not limited to allowing third party to use the Royal Card;
(b) the Cardholder has used the Royal Card in violation of any of these terms and conditions, any policies, rules or regulations determined by KPG ;
(c) the Cardholder deceased or becomes bankrupt; or
(d) no transaction is recorded in respect of the Royal Card within 12 months from the issuance date of the Royal Card or the date of the last transaction.
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These terms and conditions shall be construed and enforced in accordance with the laws of the Hong Kong Special Administrative Region, the People's Republic of China ("HKSAR") and the parties hereto irrevocably agree to submit to the non-exclusive jurisdiction of the courts of the HKSAR.
