Club Gourmet @ DKSH.com

Terms & Conditions:

The following terms and conditions (“the Terms & Conditions”) govern the membership program of the ClubGourmet@DKSH (“the Club”) operated by DKSH Hong Kong Limited (“DKSH”). All memberships including but not limited to individual and corporate members (collectively “Membership” and “Member” shall be construed accordingly) are subject to the Terms & Conditions.

1. DKSH reserves the right to add, modify, delete or otherwise howsoever change any of the Terms & Conditions at its sole discretion and at any time with immediate effect, with or without notice.
2. DKSH reserves the rights to add, modify, continue or discontinue, or otherwise howsoever change the nature, benefits, services, facilities, discounts, operations, management, administration or any other features of or relating to the Club and/or the Membership at its sole discretion and at any time with immediate effect, with or without notice. DKSH will not be liable for any loss or damage resulting therefrom.
3. Member are responsible for checking the Terms & Conditions and any revisions or changes at ClubGourmet@DKSH.com. (“the Website”)
4. All interpretations of the Terms & Conditions shall be at the sole discretion of DKSH and its decision shall be final and conclusive.

Membership

5. The Membership and its benefits and services are offered at the nomination and the sole discretion of DKSH.
6. Upon acceptance of Membership, true, accurate, current and complete information of the Member must be provided to DKSH. DKSH shall have the right to disclose the name of the Member for the benefits of the Club, subject to paragraphs 33 to 38 below on Data Privacy Policy of the Club.
7. Once the Membership registration process is completed, the Member will receive a password and account login name. It is the sole responsibility of the Member for maintaining the confidentiality of the password, account login name and any other information of the Member’s account. The Member will be fully responsible for all activities that occur under the Member’s password or account. The Member agree to:
   1. immediately notify DKSH of any unauthorized use of the Member's password or account or any other breach of security; and
   2. ensure that Member will exit from Member’s account at the end of each session. DKSH cannot and will not be liable for any loss or damage arising from the Member’s failure to comply with this Clause 7.
8. Individual membership is open to individuals aged 18 and above.
9. Without prejudice to all rights of DKSH at law or otherwise, DKSH reserves the right to discontinue, suspend or terminate any Membership at any time, with or without notice if the member acts in any manner which in the sole opinion of DKSH is adverse, inconsistent or prejudicial to the interests of DKSH, the Club or other Member or in relation to any of the Terms & Conditions. DKSH shall not assume any responsibility or liability for any loss or damage, direct or indirect, arising from the exercise of its rights under this Clause.
10. Each Corporate Member may nominate/designate up to five of its employees (“the Nominee”) to use its corporate Membership (“Membership Nomination”) subject to DKSH’s approval. DKSH may refuse or terminate Membership Nomination without giving a reason.
11. Should the Nominee cease as an employee of the Corporate Member for whatever reason or should there be any change in the capacity of the Nominee within the Corporate Member company or group of companies, the Corporate Member shall inform DKSH of the same as soon as possible and may re-nominate a replacement for the Nominee in writing for DKSH’s approval.
12. Until further notice, Gourmet Point(s) (“GPs”) would be awarded to Members in HK and Macao in programmes and events organized from time to time by The Club in the Website in accordance with conditions to be specified for such programmes and events. GPs are not available for any transactions at contract rate or on special promotional offers/discount or where so stipulated by The Club. Member can redeem GPs for Gifts (”Gift Redemption Program”) from time to time subject to availability of Gifts. Please contact the Club for details of current earnings and Gift Redemption Program and related conditions.
13. GPs and Gifts are not redeemable for cash.
14. GPs earned will be valid for 12 months from the respective date or dates of accrual of the GPs.
15. GPs are not transferable. All redemptions must be endorsed by Members in writing.
16. All redemptions are subject to the accumulation of sufficient GPs by each Member and the Club’s acceptance. Redemption orders will be cancelled automatically in the event of insufficient GPs.
17. Once a redemption order has been accepted by the Club, it cannot be changed, transferred, cancelled or refunded.
18. The Membership and all related rights and benefits are not transferable except with the prior written consent of DKSH and on terms and conditions as DKSH may stipulate.

Content Guide

19. Member understand that all information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted in or privately transmitted, to the Website are the sole responsibility of the Member from which such Content originated and such Member, and not DKSH or the Club, is responsible for the Content. Neither DKSH nor the Club controls the Content posted in the Website and does not guarantee the accuracy, integrity or quality of such Content.
20. Member understand that by using the Website, the User may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DKSH or the Club be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed or otherwise transmitted through the Website.
21. Member shall not upload, post, email or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
22. DKSH has the right to refuse, edit or remove any Content that violates the Terms & Conditions or is otherwise objectionable. Member shall evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Member have no right to collect or to store personal data about other Member. DKSH or the Club has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted in or through the Website.
23. Member shall comply with all laws applicable in the respective territories and, in absence of any inconsistency, all Hong Kong Special Administrative Region ("SAR") rules regarding online conduct, transmission of technical data and acceptable Content. Member shall specifically comply with all applicable laws regarding the from the Hong Kong SAR.
24. The Website may be linked to other websites ("Linked Sites"). Linked Sites are not under the control of DKSH or the Club and DKSH and/or the Club is not responsible for the contents of any Linked Sites or any link contained in a Linked Site, or any changes or updates to such sites. . DKSH or the Club is not responsible or liable for the availability, the endorsements for any Content, advertising, products, or other materials on or available from Linked Sites or external sites or resources, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such Linked Sites or external site or resource.

Member Conduct

25. Member
    1. upload, post, email or transmit any Content that  Member do not have the right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    2. upload, post, email or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual or industrial property rights of any party;
    3. impersonate any person or entity, or falsely state or misrepresent the  Member's affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
    5. upload, post, email or transmit any unsolicited or unauthorized "junk mail," "spam," "chain letters," or "pyramid schemes" or any other form of solicitation;
    6. launch any commercial activities recruit advertisers and sponsors under the name of the Website;
    7. upload, post, email or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or mobile telecommunications equipment; and
    8. interfere with or disrupt the Website, servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website and any applicable laws of Hong Kong SAR

Public Content

26. Members grant DKSH or the Club
    1. the world-wide, royalty-free and non-exclusive licence to use the Content in the Website; and
    2. the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) that the Member have elected to post to other publicly accessible areas worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, with respect to all other Content the Member have elected to post to other publicly accessible areas.

Indemnification

27. Member agree to indemnify and hold DKSH and the Club, their parents, subsidiaries, affiliates, and employees, harmless from any claim or demand, including but not limited to, attorney fees, made by any third party due to or arising out of Content the Member have submitted, posted or transmitted through the Website, the Member's use of the Website, the Member's connection to the Website, the Member's violation of the Terms & Conditions, or the infringement by the Member, the Member's violation of any rights of another.

Membership Termination

28. Any Membership account that has not recorded any activity or transaction for a period of 12 consecutive months may be closed at the sole discretion of DKSH and all rights or benefits attached to the Membership shall be forfeited without notice or any liability to the DKSH or the Club.
29. Any Member may terminate his Membership at any time by giving 14 days written notice and returning their membership card, whereupon any rights or benefits attached to his Membership will be forfeited and deemed as waived immediately and may not be reinstated or transferred.
30. Misconduct, fraud, misuse of the Membership or failure to follow the Terms & Conditions or applicable laws or ordinances or if DKSH believes that any Member has violated or acted inconsistently with the spirit of the Club may result in an immediate termination of the Membership and forfeiture of all rights and benefits attached to the Membership. DKSH reserves the right with or without notice to terminate the Membership.
31. Upon filing of a bankruptcy or winding up against or death of any Member, his Membership will be immediately closed automatically and all rights and benefits will be forfeited forthwith.
32. DKSH may terminate The Club with one month advance notice to all Member whereupon Membership shall be terminated and all rights and benefits attached to the Membership shall be forfeited without any obligation or liability. DKSH shall not be liable for any loss or damage as a result.

Data Privacy

33. The personal data (including but not limited to name, birth date, occupation, identification number and email address) supplied by Member is required to facilitate the administrative operation of The Club and related activities. The information/data may also be used for, including but not limited to, marketing, research and survey, program development, future marketing purposes (whether of DKSH or its suppliers or partner organizations), identity verification purposes and facilitating communications among Member to the extent as determined by DKSH.
34. Member shall maintain and timely update their personal data including but not limited to their current and correct communication/postal/email address, to keep it true, correct, current and complete. Failure by Member to provide or keep their personal data true, correct, current and complete may result in DKSH being unable to offer Membership and associated benefits. In such cases, Membership may be terminated with all rights and benefits forfeited. DKSH or the Club is not responsible for any loss as a result of a Member’s failure to notify of any change in address or other personal data.
35. All personal data collected is managed in accordance with the Hong Kong Personal Data (Privacy) Ordinance.
36. The staff of DKSH and the Club shall keep all personal data confidential. However, for the purposes set out in Clause 33 of this Section, the personal data may be passed to the staff of DKSH or the Club, its supplier and partner organizations, and third party service provider who provides administrative, computer services, marketing services or other services in connection with the Club or the Website.
37. DKSH and the Club may also disclose any personal data held by DKSH to Governmental or judicial bodies or agencies or regulators if so required by law.
38. Members have the right to request to review and correct any personal data held by DKSH in writing.  An administration fee may be charged for the processing of these requests.

Limitation of Liability

39. DKSH or the Club shall not be liable to any Member for any indirect or consequential loss, damage or expense of any kind whatsoever arising out of or in connection with the Club and the Website and/or the provision or the refusal to provide any benefits, including but not limited to the misuse of personal data, or fraud by any person in redeeming a benefit, whether such loss, damage or expense is caused by negligence or otherwise, and whether DKSH or the Club has any control over the circumstances giving rise to the claim or not.
40. DKSH’s or the Club’s liability in contract, tort or otherwise with respect to any claim arising in respect of acts or omissions relating to the Club or the Website shall be limited to re-crediting the value of the right and benefits accrued to Membership in connection with which the matter arises.
41. DKSH or the Club will not be liable for any loss arising from the failure or defect of any product or service offered by the Club or in the Website or of any other organisation participating in any activities or events of the Club.
42. All oral questions, complaints and suggestions, should be addressed to DKSH at at 23/F, Tower A, Southmark, 11 Yip Hing Street, Wong Chuk Hang, Hong Kong. The decision of DKSH in respect of any such complaint or dispute shall be final and binding on Member and DKSH or the Club shall not be required to give any reason for such decision.

43. Notices or other communication made in respect of or under the Terms & Conditions shall be made as follows:
    1. in the case of notification to DKSH/ the Club in writing and sent by facsimile, email, personal delivery, or post to the address set out below, or at such other address as DKSH/ the Club may nominate from time to time.
       DKSH (Hong Kong) Ltd / The Club
       23/F., Tower A, Southmark,
       11 Yip Hing Street, Wong Chuk Hang,
       Hong Kong.
       Fax: +852 2902 7873
       E-mail: enquiry.clubgourmet@dksh.com
    2. and in the case of notification to any Member, by email to the email address nominated at the time the Member completed the form applying for Membership of the Club.
    
    An email will be deemed to be received in 24 hours from the time of dispatch if no failure notice is received.
44. Partial Invalidity
    The illegality, invalidity or unenforceability of any provision of the Terms & Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.  
45. Waiver
    No waiver of any breach under the Terms & Conditions will amount to a waiver of any other breach.
46. Law and Jurisdiction
    The Terms & Conditions and the relationship between DKSH/ the Club and each Member are governed by the laws of Hong Kong. By participating in the Club each Member submits to the exclusive jurisdiction of the Hong Kong courts.