Terms and Conditions for Henderson Club Membership
Effective from January 1, 2017
TERMS AND CONDITIONS FOR HENDERSON CLUB MEMBERSHIP
(applicable to all Henderson Club members including BOC Henderson Club Visa Card cardholders)
The Henderson Club (the "Club") is offered and operated by Henderson Club Limited ("HCL"). These Terms and Conditions are binding on all members of the Club ("Members") including holders of credit cards issued by BOC Credit Card (International) Limited ("BOCCC") under a co-branded card arrangement ("BOC Henderson Club Co-branded Card Program") between HCL and BOCCC. These Terms and Conditions constitute a contract between HCL and each Member that governs matters relating to the Club membership ("Membership"). You should read these Terms and Conditions carefully before applying for Membership or (where applicable) a credit card under the BOC Henderson Club Co-branded Card Program ("BOC Henderson Club Visa Card"). Your application for Membership or BOC Henderson Club Visa Card represents your acceptance of these Terms and Conditions and you will be bound by them upon approval of your application. If you are a BOC Henderson Club Visa Card cardholder, BOCCC will transfer your personal data collected by BOCCC during the BOC Henderson Club Visa Card application process to HCL for the sole purpose of Membership maintenance.
OFFERING AND OPERATION OF THE CLUB AND MEMBERSHIP
- HCL has discretion in offering and operating the Club and Membership in such manner as it considers appropriate from time to time. HCL has the right to specify and vary the features of the Club and Membership and other matters relating to them with or without giving notice or reason. These features and matters include the following:
- (a) Designate one or more tiers of Membership, and the admission criteria and terms and conditions applicable to each tier;
- (b) How an application for Membership should be made (including the channels and means for making application);
- (c) Offer to Members facilities, services, products, benefits and privileges (including any reward program) of any type and nature and in any manner (including through electronic means) as it considers appropriate ("Membership Benefits") and prescribe the terms and conditions governing the supply and use of the respective Membership Benefits;
- (d) Enter into any co-branding or cooperative arrangement with any person (each, an "HCL Partner") for the purposes of the Club or Membership. HCL Partners may include BOCCC, retail merchants, service providers, real estate developers, financial institutions, credit card issuers,charitable bodies and non-profit making organisations which provide Membership Benefits or participate in any co-branded card program, promotional campaign or other events or activities relating to the Club. An HCL Partner may or may not be a subsidiary or associated company of Henderson Land Development Company Limited (Henderson Land Development Company Limited and all of its subsidiary and associated companies collectively, "Henderson Land Group");
- (e) Designate the eligibility criteria for Membership and Membership Benefits (including offering any tier of Membership or any Membership Benefits by invitation only);
- (f) Prescribe expiration date for any Membership;
- (g) Offer any Membership with or without any co-branding arrangement;
- (h) Vary, suspend or terminate any tier of Membership or any Membership Benefits; and
- (i) Vary, suspend or terminate the Club and all Memberships.
- The minimum age requirement for a Member is 18 years of age.
- HCL is entitled to approve or refuse an application for Membership without giving any reason. HCL also has the right to offer any tier of Membership by invitation only.
- Membership does not give a Member any voting or other right relating to (i) the constitution, operation or management of HCL and/or the Club or (ii) any assets or properties of HCL and/or the Club.
- A membership card will be issued to each Member ("Membership Card"). The Membership Card may be issued in physical, virtual, electronic, digitaland/or any other form. The Membership Card may be issued to you by HCL. A BOC Henderson Club Visa Card issued by BOCCC may also function as a Membership Card. The Membership Card is the property of HCL. The BOC Henderson Club Visa Card is the property of BOCCC. You should return the Membership Card or the BOC Henderson Club Visa Card to its issuer if requested.
- Membership and Membership Card are for your personal use only and are not transferable. HCL has the right to require you to present your Membership Card as proof of Membership to enable you to enjoy Membership Benefits.
- If your Membership Card or BOC Henderson Club Visa Card is lost, damaged or stolen, you should notify its issuer as soon as reasonably practicable. The issuer may issue a replacement card as it considers appropriate and reserves the right to charge the cost and a reasonable handling fee for the replacement card.
- You may enjoy Membership Benefits subject to the terms and conditions applicable to the relevant Membership Benefits. As regards any Membership Benefits, if there is any inconsistency between the terms and conditions applicable to such Membership Benefits and these Terms and Conditions, the former shall prevail.
- HCL has the right to offer any Membership Benefits by invitation only. HCL also has the right to revise, withdraw or terminate any Membership Benefits without giving notice or reason.
- HCL is not responsible for the refusal of any persons including any HCL Partners to accept the Membership Card or provide Membership Benefits. HCL is also not responsible for any facilities, services, products, benefits or privileges provided by any such persons to you.
- You should use or enjoy your Membership and Membership Benefits in good faith and in a responsible manner. You should not use your Membership, any Membership Benefits or any information or documents provided or procured by HCL for any commercial purpose or in any contentious, immoral, illegal or other inappropriate manner.
YOUR DUTY TO TAKE SECURITY MEASURES
- You are responsible for taking reasonable steps to safeguard your Membership Card, BOC Henderson Club Visa Card and any security information (including personal identification number, password, passcode or other identification credentials) designated to control access or use of Membership Benefits.
EXCLUSION OF LIABILITY
- HCL is not responsible to you or any other person for any loss, damage, injury, costs, charges or expenses of any kind which may be suffered or incurred as a result of or in connection with the use of your Membership or any Membership Benefits unless caused directly and solely by any negligence or wilful default of HCL or any of its officers or employees.
- In no circumstances will HCL be responsible to you or any other person for any indirect, incidental, special or consequential loss (including any loss of benefits or property damage) arising from or in connection with its providing, or failure or delay in providing, the Membership or any Membership Benefits.
FEES AND EXPENSES
- HCL has discretion to charge or waive fees and expenses payable by you in relation to your Membership, including where HCL provides or delivers information or documents at your request.
AMENDMENT OF TERMS AND CONDITIONS
- HCL has the right to amend these Terms and Conditions from time to time by giving notice to you in any manner it considers appropriate. If HCL does not receive your request to terminate your Membership with effect before the effective date of the amendments, you shall be bound by such amendments.
TERMINATION OF MEMBERSHIP OR THE CLUB
- Termination of Membership by you
- (a) Subject to Clause 17(b) below, you may terminate your Membership at any time by giving HCL at least 21 days advance notice in writing and returning to HCL your Membership Card.
- (b) Where you hold a BOC Henderson Club Visa Card, you may have to terminate your BOC Henderson Club Visa Card in order to terminate your Membership. In that case, you have to follow the terms and procedures prescribed by BOCCC for terminating your BOC Henderson Club Visa Card.
- (c) Whether you terminate your Membership in the manner set out in Clause 17(a) or 17(b) above, HCL will notify you of the effective date of termination of your Membership as soon as reasonably practicable.
- Termination or suspension of Membership by HCL
- (a) HCL has the right, if it considers reasonable or appropriate, to terminate or suspend your Membership at any time. These cases may include your failure to perform your obligations under these Terms and Conditions or otherwise in relation to your Membership, or your conduct, behaviour or inaction having actual or potential adverse effect on HCL and/or the Club or being or is likely to be prejudicial to the interests of HCL and/or the Club. Any decision of HCL to terminate or suspend your Membership is final, conclusive and binding on you. Upon the termination or suspension of your Membership by HCL, HCL is entitled not to accept your BOC Henderson Club Visa Card as Membership Card.
- (b) Without reducing or limiting HCL's right in Clause 18(a) above, HCL may terminate your Membership by giving you reasonable advance notice in writing without giving any reason.
- Termination or suspension of the Club or any tier of Membership by HCL
- HCL has the right to terminate or suspend the Club or any tier of Membership at any time if it considers reasonable or appropriate without giving reason. HCL may where practicable (but is not under any obligation to) give reasonable advance notice to the affected Members.
- Consequences of termination or suspension
- (a) Neither HCL nor any of its shareholders, directors or other officers is liable for any claim or compensation of any nature to you or any other person in connection with termination or suspension of your Membership, any tier of Membership or the Club.
- (b) Upon termination or suspension of your Membership, any tier of Membership or the Club, your Membership Benefits and the Membership Benefits of the affected Members will be terminated subject to any alternative arrangement as HCL may specify in its discretion.
- (c) Even after your Membership is terminated (whether by you or by HCL) or suspended for any reason, you remain responsible for performing your obligations relating to your Membership which have accrued before termination or suspension. You continue to be bound by these Terms and Conditions to the extent that they relate to such obligations.
- You understand and agree that your personal data may be collected, compiled, used and disclosed by HCL for such purposes and to such persons in accordance with HCL's personal data policies as set out in notices, statements or terms and conditions which may be provided by HCL from time to time.
SEVERABILITY OF TERMS AND CONDITIONS
- The provisions of these Terms and Conditions are severable from one another. If at any time one or more of the provisions is or becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
THIRD PARTY RIGHTS
- No person other than you and HCL (including any successor or assign of HCL) has any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these Terms and Conditions.
APPLICABLE LAW AND JURISDICTION
- These Terms and Conditions are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China. You and HCL submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region of the People's Republic of China.
- The English version of these Terms and Conditions prevails if there is any inconsistency between the English and Chinese versions.
Personal Information Collection Statement
YOUR PERSONAL DATA
- The Henderson Club (the "Club") is offered and operated by Henderson Club Limited ("HCL"). This Statement applies to the personal data from time to time provided by or for you in relation to the Club membership and other personal data compiled by HCL starting from your application for Club membership or admission as a Club member (as applicable) and throughout the continuation of your Club membership (collectively, "Your Personal Data"). This Statement sets out the purposes for which Your Personal Data may be used and other matters relating to the Personal Data (Privacy) Ordinance, Cap. 486 ("Privacy Ordinance").
- You are required to provide personal data to enable HCL to process your application for Club membership or admission as a Club member (as applicable) and handle matters relating to the Club membership. If you fail to provide personal data, HCL may be unable to process your application or admission and to offer or continue to offer to you the Club membership or any of the facilities, services, products, benefits and privileges (including any reward program) of the Club (collectively, "Membership Benefits").
USE OF YOUR PERSONAL DATA
- HCL may use Your Personal Data for one or more of the following purposes from time to time:
- consider and assess your application for Club membership and process your admission as a Club member as appropriate;
- handle and administer any matters in relation to your Club membership and communicate with you on such matters. These matters may include verifying personal data or other information about you, providing and maintaining your Club membership, providing Membership Benefits to you, and investigating and handling any enquiries or complaints from or against you;
- administer, maintain and manage the Club and Club membership generally, including improving Membership Benefits and Club member experience;
- design, arrange, procure and provide Membership Benefits of any type and nature;
- process your request or application for Membership Benefits;
- conduct surveys, research and analysis in connection with the Club, Club membership and Membership Benefits, whether relating to you or to Club members generally;
- marketing any services, products and facilities provided by HCL, Henderson Land Development Company Limited or any of its subsidiaries and associated companies ( Henderson Land Development Company Limited and all of its subsidiaries and associated companies collectively, "Henderson Land Group" or "Henderson Land Group Members") or any other person (whether or not a Henderson Land Group Member) who has made any co-branding or cooperative arrangement with HCL (each, an "HCL Partner"), please see further details in "Use of Your Personal Data in direct marketing" section below);
- calculate any amount payable by you or by HCL, and collect or recover any amount payable by you;
- comply with any obligations or requirements for using or disclosing personal data that are imposed on HCL or any Henderson Land Group Members by any law or regulations, or by any governmental agency, regulatory authority or law enforcement agency, or by any court or judicial body, whether in or outside of Hong Kong existing currently or in the future;
- comply with any policies and measures for using or disclosing personal data implemented by HCL or Henderson Land Group for prevention or detection of money laundering, terrorist financing or other unlawful activities or suspicious activities;
- match or compare Your Personal Data with any other data relating to you to produce or verify data which may be used for taking adverse action against you;
- enable actual or potential assignees of the Club business, or actual or potential purchasers or assignees of HCL or its business, in each case to evaluate the assignment or purchase in question;
- any other purpose agreed by you; and
- purposes relating to any or all of the above.
DISCLOSURE OR TRANSFER OF YOUR PERSONAL DATA
- HCL will keep Your Personal Data confidential but may disclose or transfer Your Personal Data to one or more of the following classes of persons from time to time for the purposes set out in paragraph 3 above, and Your Personal Data may be transferred in or outside of Hong Kong:
- any of the Henderson Land Group Members and HCL Partners for purposes relating to the Club, Membership Benefits or your Club membership;
- agents, contractors, sub-contractors or service providers (including their employees, directors, officers, agents, contractors, service providers and professional advisers) who provide services or support to HCL in connection with the Club business or the business or operations of HCL. These services or support may include banking services, insurance services, computer, information technology, data processing or storage, telecommunications services, mailing and logistic and administrative services. These agents, contractors, sub-contractors or service providers may or may not be Henderson Land Group Members;
- persons who owe a duty of confidentiality to HCL. These persons may include accountants, auditors, legal advisers and other professional advisers of HCL;
- persons to whom HCL or any Henderson Land Group Member is under any obligations or requirements to disclose personal data by any law or regulations, or by any governmental agency, regulatory authority or law enforcement agency, or by any court or judicial body;
- persons to whom HCL is required to disclose personal data by any policies and measures implemented by it or Henderson Land Group for prevention or detection of money laundering, terrorist financing or other unlawful activities or suspicious activities;
- for marketing purposes, (i) Henderson Land Group Members, (ii) HCL Partners (and the names of these HCL Partners can be found in the request or application form or information leaflet relating to the relevant Membership Benefits) and (iii) service providers engaged by HCL (and these service providers may include printing, advertising, market research, marketing, telemarketing and direct sales agencies and mailing agencies); and
- actual or potential assignees of the Club business, or actual or potential purchasers or assignees of HCL or its business.
USE OF YOUR PERSONAL DATA IN DIRECT MARKETING
- HCL intends to use Your Personal Data in direct marketing and HCL requires your consent for this purpose. Please note the following:
- Types of personal data to be used
HCL may use the following types of Your Personal Data that is held by HCL from time to time in direct marketing:
- your name, month of birth, address, telephone number and email address;
- your financial background;
- pattern and behaviour relating to your use of Membership Benefits or your purchase or consumption of products and services (including products and services portfolio information and spending habits); and
- your demographic data.
- Class of products, services and subjects to be marketed
HCL may market one or more of the following classes of products, services and subjects:
- consumer goods and services, including food and beverages, fine dining, clothing and apparel, fashion and accessories, foot-ware, lifestyle and leisure products, amenities and entertainment, travelling services, sports goods, toys and children goods, beauty and personal care, healthcare, dental and medical services and products, groceries, supermarkets, delicatessen and convenient stores, books and magazines, home furnishing, electrical appliances, audio and video products, optical products, and jewellery, watches and other luxurious goods;
- real estate properties or property developments offered by any Henderson Land Group Member singly or jointly with any other developer or person;
- financial, investment, banking, insurance, credit cards and related products and services; and
- donations or contributions for charitable or non-profit making purposes and related events or activities.
- Providers of products, services and subjects to be marketed
The above products, services and subjects may be provided by one or more of the following classes of persons:
- any Henderson Land Group Members; and
- any HCL Partners (and the names of these HCL Partners can be found in the request or application form or information leaflet relating to the relevant Membership Benefits). HCL Partners may include retail merchants, service providers, real estate developers, financial institutions, charitable bodies and non-profit making organisations.
- Types of personal data to be used
ACCESS OR CORRECTION OF YOUR PERSONAL DATA
- You have the right to make data access request and data correction request to HCL about Your Personal Data. You also have the right to withdraw or give consent for use of Your Personal Data in direct marketing from time to time. Please send your data access and data correction requests or your choice relating to direct marketing to the attention of "Personal Data Privacy Officer of Henderson Club" either by post (to 71/F, Two International Finance Centre, 8 Finance Street, Central, Hong Kong) or by email (to email@example.com).
- HCL has the right to charge a reasonable fee for the processing of any data access request.
Version effective date : December 2016
Note : In case of discrepancies between the English and Chinese versions of this Statement, the English version shall prevail
I hereby confirm that I have read, understood and agreed to be bound by the above Terms & Conditions of membership and Personal Information Collection Statement once I am admitted as a member of Henderson Club. I also declare that all information supplied by me is true, correct and complete.