Website Terms of Use
The Dairy Farm Company Limited ("Dairy Farm", "we", "us", "our") is the owner and operator of www.mannings.hk (the "Website"). Your use of the Website is governed by these terms and conditions of use ("Terms of Use"). Please read these Terms of Use carefully before using the Website. By using theWebsite or any part of it, you agree that you have read these Terms of Use and that you accept and agree to be bound by them.
1. GENERAL

1.1   In these Terms of Use the following definitions shall apply:
  a. "Intellectual Property Rights" means any and all intellectual and industrial property rights now in force or that come into force in the future in any part of the world whether or not registered or registerable and includes all applications and rights to apply for registration (and renewals and extensions of any registration) of such rights as well as all rights of action and remedies in relation to past infringements including rights in or in connection with:
  (a) confidential information, business or trade secrets, know-how;
  (b) inventions, patents (including supplementary protection certificates);
  (c) copyright (including the rights to secure copyright renewals and extensions of copyright, copyright not yet in existence but that comes into existence in the future and all other rights of a like nature by law in force in any part of the world);
  (d) trade marks, service marks, business or trade names;
  (e) design rights, topography rights;
  (f) database rights,
    together with all other rights of a similar or corresponding character or nature.
  b. "Legal Notice and Disclaimer" means the legal notice and disclaimer applicable to the Website as extracted below.
  c. "Privacy Policy" means our policy regarding personal data collected in connection with this Website and the privacy of customers and visitors to this Website, located at www.mannings.com.hk.

1.2   The Legal Notice and Disclaimer and the Privacy Policy are incorporated into these Terms of Use and these documents, along with these Terms of Use, shall prevail over any other document including any of our store policies purporting to have a contractual effect.
1.3   You agree to provide complete and updated information for registration on this Website.
1.4   You agree not to use the Website for any purpose or in any matter that is unlawful or infringes any third party Intellectual Property Rights.
 
2. VARIATION OF TERMS OF USE

2.1   We reserve the right to amend these Terms of Use from time to time in our sole discretion. Customers and visitors are reminded to review the Terms of Use regularly to ensure that they are familiar with the most recent version. By accessing and using this Website you agree to be bound by the most recent version of these Terms of Use.
 
3. PREVAILING LANGUAGE

3.1   In the event of any discrepancy between the English and Chinese versions of the Terms of Use, the English version shall prevail.
 
4. APPLICABLE LAW

4.1   These Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region and you and Dairy Farm agree to submit to the exclusive jurisdiction of the Hong Kong courts for determining any disputes arising for or in relation to these Terms of Use.
 
5. PERSONALLY INFORMATION & PRIVACY

5.1   We respect the privacy rights of visitors to the Website. Except where specifically stated, all personal information collected by us shall be handled strictly in accordance with our Privacy Policy.
5.2   At times, you may be required to provide us with personal information. Refusal to provide such information may mean that you are unable to access to certain parts of this Website, or may render us unable to handle any applications or requests you may make and/or provide you with any products or services. If you are under the age of 18, consent from your parent or guardian is required before you provide us with any personal information.
5.3   You may request a copy of your personal information held by us, and request any corrections to your personal information by writing to:
    Personal Data Officer
Mannings
5/F Devon House,
Taikoo Place,
979 King's Road, Quarry Bay
Hong Kong

Email: manncard@dairy-farm.com.hk

5.4   We reserve the right to charge a reasonable fee for such data access/correction requests.
 
Legal Notice & Disclaimer

A. INTELLECTUAL PROPERTY RIGHTS

A.1   This Website and any information available on it including, but not limited to, text, graphics, icons, images, software, source code and trade marks, are protected by copyright, design, trade mark and other Intellectual Property Rights owned or controlled by us and/or our licensors. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this Website for any purpose without our prior written permission except that you may download materials displayed on the site for non-commercial, home personal use only as long as you keep all copyright, trade mark and other proprietary notices intact.
A.2   All right, title and interest in the Intellectual Property Rights in this Website shall at all times remain the property of us and/or our licensors. Customers and visitors are not authorized to use the same unless you have obtained express written permission from us and/or our licensors, as the case may be.

B. WARRANTIES

B.1   The information provided on this Website is for reference only. To the extent permitted by law, we disclaim all implied and/or express warranties and make no representation as to the accuracy, suitability, applicability or completeness of any information on this Website. We assume no liability for any loss or damage arising from the use or reliance of the information on this Website or for anything posted on or linked to the Website, including without limitation any mistake, error, omission, infringement, defamation, falsehood or other material or omission that might offend or otherwise give rise to any claim or complaint.
B.2   We disclaim any endorsement or recommendation of any person, organisation, name, product or service referred to in the Website. We further disclaim all liability in relation to information or materials posted by advertisers or sponsors on this Website.
B.3   We make no warranties or representations in respect of your ability to access the Website, and do not warrant that the functions of the Website shall be uninterrupted or error or defect free.
B.4   None of our agents or representatives are authorised to make any warranties, representations or statements regarding any information on this Website and we shall not in any way be bound by any such unauthorised warranties, representations or statements.

C. LIMITATION OF LIABILITY

C.1   By accessing and using this site you acknowledge and accept that the use of the Website is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access the Website. Without limiting the foregoing:

THIS WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED ON IT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT.

WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE WEBSITE.

WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE WEBSITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE WEBSITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE WEBSITE.

D. LINKS

D.1   This Website may contain links to other sites and pages which are operated by third parties. We have no control over the content of the linked websites or the way in which the operators of those websites deal with your Personal Data. You should review the terms and conditions for those third party websites and we disclaim all responsibility and liability for any loss or damage that may be suffered by you in connection with the linked websites.

E. TERRITORY

The materials on this Website are directed solely at persons accessing the Website from the Special Administrative Region of Hong Kong. We make no representation that any product or service referred to on this Website is available, or appropriate for use for any other location.


F. CHANGES

We reserve the right, but undertake no duty, to review edit or otherwise change this Website and any information contained on this Website at our sole discretion and without notice.


G. GENERAL

G.1   If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms of Use which shall continue in full force and effect.
G.2   If we do not act in relation to a breach of these Terms of Use by you, this does not waive our right to take action in respect of a similar breach of the Terms of Use by you in the future.


Mannings Mann Card Programme

Terms & Conditions

The Mann Card Programme (the "Programme") is operated by The Dairy Farm Company Limited ("Dairy Farm", "we", "us", "our"). Your participation in the Programme is governed by these Mannings Mann Card Programme Terms and Conditions ("Terms and Conditions"). By applying for Membership of the Programme you agree that you have read and understood these Terms and Conditions and agree to be bound by the terms herein.

1. Definitions
  1.1. In these Terms and Conditions, the following words shall be construed as follows:
    a. "Basic Points” –means elementary points awarded to you when you make purchases at the Retail Outlets based on the invoice amount.
    b. "Bonus Points” –means additional points awarded to you based on the net purchase amount of specific promotional products when you make purchases at the Retail Outlets.
    c. "Mann Card Service Hotline" means our Mannings, Hong Kong customer service hotline at (852) 2299 3381, or such telephone number as notified by us from time to time.
    d. "Mann Card Website" means our website located at www.mannings.com.hk.
    e. “Member” means a member of the Mann Card Programme.
    f. “Membership Card” means the membership card issued to you to enjoy benefits upon your successful registration with the Programme.
    g. "Mini Card" means the supplementary card(s) provided with the Membership Card.
    h. “Our Partners” means third party services providers engaged by us to assist with providing you and with our services (including data entry, managing our customer database, sending your promotional materials, products rewards, vouchers and redemption letters, and customer service).
    i. “Points” means Basic Points and/or Bonus Points awarded to you upon purchases at our Retail Outlets.
    j. "Stores" or “Retail Outlets” means Mannings stores in Hong Kong and Macau.
 
2. Programme effective date
  The Mann Card Program shall commence on 22 July 2010 and these Terms and Conditions are effective from the said date.
 
3. Application the Terms and Conditions
  3.1. These Terms and Conditions form an agreement between you, our Member, and Dairy Farm.
 
  3.2. From time to time other merchants may be invited to join the Program (“Our Partners”), in order to offer you more rewards and targeted offers.
 
4. Membership application
  4.1. In order to be registered as a member of the Programme, applicants must: (i) spend a minimum amount of Hong Kong dollars (as specified from time to time) ("Transaction Amount") in one purchase at one of our Retail Outlets ("Initial Purchase"), as determined by us upon presentation of a single invoice; (ii) complete all mandatory fields in an application form; and (iii) return the application form to us. We reserve the right to modify the Transaction Amount at any time without notice.
 
  4.2. Applicants must be 18 years or above
 
  4.3. You warrant and represent that the information provided in the application form is true, accurate and complete.
 
  4.4. You agree to notify us immediately upon change of any of your details submitted to us in the application form. We shall not be liable for any claim, demand, liability or action resulting from your failure to supply us with your updated information.
 
  4.5. The information you provide us when you register as a Member, will help us to provide you with carefully selected offers that may be of interest and value to you. For details of the way that we may use your personal information, please refer to our Privacy Policy located at www.mannings.com.hk.
 
  4.6. Each Member will be issued with a main Membership Card and two (2) Mini Cards. These cards offer exactly the same functions and are linked to one single account. The Mini Cards may be used by members of your family to earn and accumulate Points to your Mann Card account.
 
  4.7. Members are able to start earning Points upon the issuance of their Membership Card.
 
  4.8. Members can enquire about their membership 30 days after they have enrolled at our Stores.
 
  4.9. We have the absolute discretion to refuse registration of any applicant and to terminate the registration of such applicant for any reason whatsoever.
 
  4.10. Membership applications shall be validated when the Transaction Amount is reached in the Initial Purchase. The Transaction Amount is the net purchase amount after all discounts, excluding purchases of gift vouchers, gift cards, stamp/Points redemption items, EPS Easy Cash, Octopus value-adding, plastic shopping bag levy and items excluded in accordance with clause 5.5.
 
  4.11. If products bought as part of the Initial Purchase are returned or refunded after you have received your Membership Card, resulting in the Initial Purchase not meeting the Transaction Amount, your membership will be cancelled and you will be required to return your Membership Card and Mini Cards.
 
  4.12. The Initial Purchase is not valid for Points earning, and Points will only be earned once your membership application has been approved and your Membership Card has been issued.
 
5. The Programme, reward and special offer
  5.1. Subject to clause 5.5 herein, one Basic Point will be credited to your account for every HK$5 dollars spent in our Stores. Bonus Points may also be issued on bonus promotional products from time to time.
 
  5.2. You must present your Membership Card to the Store assistant prior to making your purchase in order to earn Points.
 
  5.3. Points will be awarded and updated within 5 days from the date of your purchase. You may check your Point balance at the Mann Card Website, or by calling the Mann Card Service Hotline, or by presenting your Mann Card at our Stores.
 
  5.4. Points are valid until 30th September of each year. Unused Points will expire automatically on 1 October each year. Points earned after 1 July each year will expire on 30 September the following year.
 
  5.5. We reserve the right to exclude any services or products from the calculation of Basic Points and/or the Transaction Amount, in our absolute discretion. Notices of such exclusion will be posted on the Mann Card Website and/or in the Retail Outlets from time to time.
 
  5.6. Points will be deducted from your Membership Card account if you return products to our Stores for a refund. We also reserve the right to deduct Points from your Membership Card if we suspect that such Points were obtained via fraudulent or dishonest means.
 
  5.7. The Point balance shown on a purchase receipt represents the current balance as at the end of the previous calendar day.
 
  5.8. The last 10 transactions registered on your Membership Card account shall be shown on the Mann Card Website. Transaction records or history will NOT be provided in a printed version.
 
  5.9. We reserve the right to change the benefits, offers and features of the Programme from time to time, without prior notice to you.
 
  5.10. Upon accumulating the necessary amount of Points, you may redeem your Points for rewards. Voucher based rewards will be mailed to your registered mailing address. We take no responsibility for vouchers that you do not receive as a result of you failing to provide us with your correct, updated mailing address. Other rewards may be collected at selected Stores upon presentation of your Mann Card and a redemption letter provided by us when you choose to redeem your Points. Rewards not collected by the expiry date printed on the redemption letter will be forfeited. Points for expired redemption rewards will not be refunded.
 
  5.11. We give no warranty in relation to any rewards received in connection with the Programme or their suitability for any purpose. Any warranty claims in respect of any rewards should be directed to the manufacturer.
 
  5.12. We shall not be liable for any loss of Points or loss or damage suffered as a result of a technical defect or error that prevents us from retrieving information relating to your Points balance from our computer systems.
 
  5.13. In addition to your Membership Card, you may be required to present other identification for verification of your identity when you use your Membership Card.
 
  5.14. Benefits, including Points issued during one-off promotions (e.g. during Our Partners' launch) will be governed by the rules applicable to the specific promotion, and may expire after the end of that promotion.
 
  5.15. Members can enjoy a 5% discount in our Stores on Mann Card Day (currently the 10th day of every month). This discount is not applicable to the purchase of CWG, fixed price items, gift vouchers, gift cards, infant and children milk powder, baby diapers, phone cards, counters/pharmacy counter products, stamp/points redemption items, EPS Easy Cash, Octopus value-added or the plastic bag levy.
 
6. Safety & Security of membership card and PIN
  6.1. If your Membership Card malfunctions due to no fault of yours and you have not damaged or tampered with it anyway, you may recover your Points by returning the damaged card to the Mann Card Customer Service Department by mail at Mannings, 5/F Devon House, Taikoo Place,979 King's Road, Quarry Bay, Hong Kong
 
  6.2. You should notify us immediately by calling the Mann Card Service Hotline if your Mann Card has been lost or stolen, or if you have reason to believe that your PIN may have been disclosed to an unauthorised party. We shall not be responsible for any loss (including loss of Points) suffered by you in relation to your lost Membership Card or PIN.
 
  6.3. In determining the remaining amount of Points to be transferred to any replacement Membership Card, the records held by us shall be deemed conclusive evidence of the amount of the remaining Points.
 
  6.4. We reserve the right to charge for a replacement Membership Card.
 
  6.5. It is your responsibility to ensure the safety and security of your Membership Card and PIN. We shall not be liable for any loss or damage suffered as a result of a lost Membership Card or the unauthorised disclosure of your PIN.
 
7. Return or Cancellation of your Membership
  7.1. If you return your Membership Card (other than due to malfunction as described under clause 6.1) or cancel your Mann Card membership, the Points as recorded on your Membership Card will be forfeited and your membership will be terminated.
 
8. Limitation of Liability
  8.1. By becoming a Member you acknowledge and accept that your participation in the Programme is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of your involvement in the Programme or the use of your Membership Card. Without limiting the foregoing:
 
  8.2. TO THE EXTENT PERMITTED BY LAW, ALL INFORMATION AND MATERIALS PROVIDED IN CONNECTION WITH THE PROGRAMME ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT.
 
  8.3. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING:
OUT OF YOUR PARTICIPATION IN THE PROGRAMME OR YOUR USE OF THE MEMBERSHIP CARD; IN CONNECTION WITH ANY REWARDS RECEIVED IN CONNECTION WITH THE PROGRAMME; OR IN CONECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION.
 
  8.4. Without prejudice to any other clauses of these Terms and Conditions, where permitted by law any liability that we may have to you in connection with the Programme, your use of the Membership Card, or the redemption of Points for rewards which cannot be excluded is limited to the restatement of Points or the cost of rewards as we may determine in our absolute discretion.
 
9. Personal Data and information
  9.1. In order for you to become a Member of the Program, it is necessary for you to provide us with your personal information ("Personal Data") stated “mandatory” on the Mann Card application form. If you are unable or unwilling to provide us with complete and correct Personal Data, we may not be able to register you as a Member or provide you with some of our services. It is optional for you to provide any Personal Data that is not marked as "mandatory".
 
  9.2. All Personal Data shall be managed in accordance with the Personal Data (Privacy) Ordinance, Mannings’ Privacy Policy which is posted at www.mannings.com.hk and any Personal Information Collection Statement specified on the Mann Card application form. Our Privacy Policy is deemed incorporated into these Terms and Conditions.
 
10. English Version Prevails
  If there is any inconsistency or conflict between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.
 
11. Governing Law
  These Terms and Conditions shall be governed by the laws of the Hong Kong SAR and Dairy Farm and the Member agree to submit to the exclusive jurisdiction of the courts of the Hong Kong SAR.
 
12. General
  12.1. In the event that your Membership Card is not used for a specified period of time (currently, 365 days), we will, for your own and our protection, deem your Membership Card to be no longer in use, and we will deactivate your Membership Card and all your accumulated Points will be forfeited. You may need to reapply for a new Membership Card if you wish to rejoin the Programme.
 
  12.2. At times the Mann Card Website and/or Service Hotline may not be operational (e.g. due to nightly update batches, breakdown of communication networks, electricity networks, etc.). We will take all reasonable steps to ensure that the Mann Card Website and/or Service Hotline will resume as soon as possible after the scheduled maintenance or breakdown.
 
  12.3. Points, offers, benefits and Membership Cards are personal to an individual Member and cannot be transferred to any other person.
 
  12.4. We may provide you with new services associated with your membership from time to time, and these new services will be governed by these Terms and Conditions in addition to any terms and conditions applicable to the specific services.
 
  12.5. In the event that we plan to terminate the Programme, we shall give you at least three (3) months notice by display at our Stores, as well as on the Mann Card Website. Rewards not collected by the termination date will be forfeited and will not be refunded.
 
  12.6. If you breach or we have reasonable ground to believe that you have breached these Terms and Conditions, we may suspend or terminate your membership and/or seek to recover any damages that your breach may have caused to us or Our Partners.
 
  12.7. The Membership Card shall at all times remain the property of Dairy Farm, and you shall promptly return the Membership Card and Mini Cards to us upon our request.
 
  12.8. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms and Conditions which shall continue in full force and effect.
 
  12.9. If we do not act in relation to a breach of these Terms of Use by you, this does not waive our right to take action in respect of a similar breach of the Terms of Use by you in the future.
 
  12.10. We may make changes to these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions will be available on the Mann Card Website.

©2011 The Dairy Farm Company Limited. All rights reserved.
 
©2011 Mannings All rights reserved