Website Terms of Use (Version: Nov 2015)

These terms and conditions apply to users of the Mannings website at www.mannings.hk (the "Website"). Mannings and the Website are owned by The Dairy Farm Company, Limited 牛奶有限公司 t/a Mannings ("Mannings", "we", "us", "our"). 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 the Website 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/eng/privacy.html

 

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.      THIRD PARTIES’ RIGHTS

 

3.1   Notwithstanding the Contracts (Rights of Third Parties) Ordinance when it becomes effective and/or any comparable law in any jurisdiction, these Terms of Use is made solely for the benefit of you and Mannings and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever.  The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any term of the Terms of Use is expressly excluded and no terms of the Terms of Use are, or are intended to be, enforceable by any person not being a party to it.  Notwithstanding the foregoing in this paragraph, third party rights under the Terms of Use shall be enforceable by Dairy Farm International Holdings Limited (“DFIHL”) and/or an entity which, as at the time of enforcement, is a direct or indirect wholly-owned subsidiary of DFIHL in accordance with the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Terms of Use, is not subject to the consent of any third party (including DFIHL and/or any of the wholly-owned subsidiaries at all times).

 

4. PREVAILING LANGUAGE

4.1

 

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

 

5. APPLICABLE LAW

5.1

 

These Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region and you and Mannings 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.

 

6. PERSONALLY INFORMATION & PRIVACY

6.1

 

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 located at: www.mannings.com.hk/eng/privacy.html

6.2

 

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 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.

6.3

 

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
8/F Devon House,
Taikoo Place,
979 King's Road, Quarry Bay
Hong Kong

Email: manningscs@dairy-farm.com.hk

6.4

 

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 (for application for membership made in Hong Kong) Terms & Conditions (Version: June 2018)

The Mann Card Programme ("Mann Card Programme") is operated by The Dairy Farm Company, Limited 牛奶有限公司 trading as Mannings ("Mannings ", "we", "us", "our") operating the Retail Outlets (as defined below). Your participation in the Mann Card Programme is governed by these Mannings' Mann Card Programme Terms and Conditions ("Terms and Conditions"). By applying for membership of the Mann Card 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. "Extra 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 or such website as notified by us from time to time.
e. "Mannings Mobile Application" means our mobile application to be installed on iOS or Android device or such mobile application as notified by us from time to time.
f. “Member” means a member of the Mann Card Programme.
g. “Membership Card” means the membership card (including but not limited to the tangible Membership Card, Mini Card, E-Membership Card or any membership card in such a form as notified by us from time to time) issued to you to enjoy benefits upon your successful registration with the Mann Card Programme.
h. "Mini Card" means the supplementary card(s) provided with the Membership Card.
i. "Third Party Service Providers" means third party services providers working with us and/or engaged by us to provide services including (i) data entry, (ii) customer database management, (iii) customer contact and (iv) secure data disposal services, including personal data.
j. “Our Partners” means any merchant(s) that may be invited to join the Mann Card Programme from time to time.
k. "Points" means Basic Points and/or Extra Points awarded to you upon purchases at our Retail Outlets.
l. “Retail Outlets” means stores operated by Mannings (including but without limitation to Mannings, Mannings Plus and Mannings Baby), in Hong Kong and Macau unless it is expressly excluded by Mannings from time to time.

2. Application of the Terms and Conditions

2.1. These Terms and Conditions form an agreement between you as a Member and Mannings. These Terms and Conditions may be amended from time to time without prior notice to you. Where practicable we will communicate with you about material changes to the Terms and Conditions.
2.2. From time to time, Our Partners may be invited in order to offer you more rewards and targeted offers.

3. Membership application

3.1. In order to be registered as a Member of the Mann Card Programme, applicants must fill in an application form of the Mann Card Programme and return such application form to us via Mannings Mobile Application or any Retail Outlets.
3.2. Applicants must be 18 years or above.
3.3. You warrant and represent that the information provided in the application form is true, accurate and complete.
3.4. You agree to notify us immediately upon change of any of your details submitted to us in the application form. To the extent permitted by law, we shall not be liable for any claim, demand, liability or action resulting from your omission, neglect and/or failure to supply us with your updated information and the accuracy and completeness of those data.
3.5. 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 data ("Personal Data"), please refer to our Privacy Policy and Personal Information Collection Statement located at Mann Card Website and Mannings Mobile Application.
3.6. You can submit the application form through the Retail Outlets, and will be given a main Membership Card and two (2) Mini Cards. These cards offer exactly the same functions and are linked to one single Mann Card account with the same membership number. The Membership Card with the same membership number may be used by members of your family and friends to earn and accumulate Points to your Mann Card account.
3.7. You can also submit the application via Mann Card Website or Mannings Mobile Application, an E-membership account will be assigned to you via Mannings Mobile Application and no tangible Membership Card will be issued. If you request for the tangible Membership Card, please call Mann Card Service Hotline. We shall, upon your request, mail you a set of one main Membership Card and two (2) Mini Cards of a new membership account. The E-membership account that was assigned to you via Mann Card Website or Mannings Mobile Application will be overridden and superseded by the said new membership account of the tangible Membership Card. Upon receiving the tangible Membership Card, you can use them immediately. But you can longer use the E-membership account that was assigned to you via Mann Card Website or Mannings Mobile Application.
3.8. New members are able to start earning Points upon the issuance of their Membership Card. A new member enrolling via Mann Card Website or Mannings Mobile Application can start redeeming rewards on the next day of a successful enrollment of an E-membership. But, if a new member enrolls by submitting the application form through any Retail Outlets, the said new member can only start redeem rewards 45 days after successful enrollment.
3.9. Members can enquire about their membership 30 days after they have submitted the application.
3.10. No matter those Mann Card accounts are held by the same Member, Points in one single Mann Card account cannot be merged or transferred to other Mann Card account.
3.11. We have the absolute discretion to refuse and/or revoke registration of any applicant and to terminate and/or cancel the registration of such applicant for any reason whatsoever.
3.12. Points will only be credited into your Mann Card account after application has been approved and your Membership Card has been issued. You must present your Membership Card to the Retail Outlet assistant(s) prior to making your purchase in order to earn Points.

4. The Mann Card Programme, reward and special offer

4.1. Subject to clause 4.4 herein, one Basic Point will be credited to your account for every net amount of HK$5 dollars (or an equivalent amount in any currency as specified by us from time to time) spent in our Retail Outlets. Extra Points may also be issued on bonus promotional products from time to time.
4.2 Points will be awarded and updated within 5 days from the date of your purchase. You may check your Points balance at the Mann Card Website, Mannings Mobile Application or by calling the Mann Card Service Hotline, by presenting your Mann Card at our Retail Outlets or such other means that Mannings may communicate with you from time to time.
4.3. Mann Card Points earned from 1 July of each year till 30 June of the following year are valid until 30 September of the following year. The corresponding unused Mann Card Points will expire automatically on 1 October of the following year. Example: Mann Card Points earned from 1 July 2017 till 30 June 2018 are valid until 30 September 2018 and the corresponding unused Mann Card Points will expire on 1 October 2018.
4.4. We reserve the right to exclude any services or products from the calculation of Basic Points, in our absolute discretion. Notices of such exclusion will be posted on the Mann Card Website, Mannings Mobile Application and/or in the Retail Outlets from time to time.
4.5. If you return products or point rewards to our Retail Outlets, Points will be adjusted from your Mann Card account (when applicable). We also reserve the right to deduct Points from your Mann Card account if we suspect that such Points were obtained via fraudulent, dishonest means or in such manners not in accordance with the Terms and Conditions.
4.6. The Points balance shown on a purchase receipt represents the current balance as at the end of the previous calendar day.
4.7. The last 10 transactions registered on your Mann Card account shall be shown on the Mann Card Website and/or Mannings Mobile Application. Transaction records or history will NOT be provided in a printed version.
4.8. We reserve the right to change the benefits, offers and features of the Mann Card Programme from time to time, without prior notice to you.
4.9. Upon accumulating the necessary amount of Points, you may redeem reward(s) with your Points at specified premises upon presentation of your Mann Card and a redemption letter (if applicable). We take no responsibility that you do not receive the redemption letter (if applicable) as a result of your failure in providing us with your correct and updated mailing address. Rewards not redeemed by the redemption expiry date will be forfeited. Points used for the corresponding redemption will not be refunded. Point advances or pooling points is not allowed.
4.10. We give no warranty or representation in relation to any rewards, redemption products and/or services in connection with the Mann Card Programme or their suitability for any purpose. Any warranty claims in respect of any rewards, redemption products and/or services should be directed to the relevant manufacturer(s) and/or service provider(s).
4.11. 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.
4.12. 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.
4.13. 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.
4.14. Members can enjoy a 5% discount in our Retail Outlets on Mann Card Day (currently the 10th day of every month). This discount is not applicable to the purchase of Gift Voucher, Infant Baby and Children Milk powder, Diapers, Phonecards, Hit & Run Promotion, Cosmetics / Derma Cosmetics / Health Counter Products, Prescription Medication, One Day Special Products and Redemption Products, Non Discountable Products, Member or Stamp Redemption Products, Plastic Bag Levy, EPS Easy Cash and Octopus Reloading Service. The discount cannot be used in conjunction with enJoy Day, Mannings Cash coupon, Mann Card 5% discount card and other promotional offers.

5. Safety & Security of Membership Card and PIN

5.1. 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 to Mannings, 8/F Devon House, Taikoo Place, 979 King's Road, Quarry Bay, Hong Kong.
5.2. 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 unauthorized party.
5.3. 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.
5.4. We reserve the right to charge you for a replacement Membership Card, irrespective of the reason for the need for the replacement Membership card.
5.5. It is your responsibility to ensure the safe custody and security of your Membership Card and PIN. We shall not be liable for any loss or damage suffered directly or indirectly as a result of and/or in relation to a lost or stolen Membership Card and/or the unauthorized disclosure of your PIN.

6. Return, Cancellation or Termination of your Membership

6.1. If you wish to return your Membership Card (other than due to malfunction as described under clause 5.1), or cancel your Mann Card membership, please call Mann Card Service Hotline. The Points recorded on your Membership Card will be forfeited and your membership will be terminated immediately. In the event your membership is terminated by Mannings for any reason(s), your Points will also be forfeited immediately.

7. Limitation of Liability

7.1. By becoming a Member you acknowledge, agree and accept that your participation in the Mann Card 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, enrollment and participation in the Mann Card Programme or the use of your Membership Card. Without limiting the foregoing:
7.2. To the extent permitted by law, all information, materials, rewards and/or redemption products and/or services provided and performed in connection with the mann card 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.
7.3. We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of your enrollment, participation and involvement in the mann card programme or your use of the Membership Card; in connection with any rewards, redemption products and/or services provided in connection with the mann card 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 omission, default and/or, under any other cause of action (whether the same was caused by us and/or third party service providers).
7.4. 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 Mann Card Programme including your use of the Membership Card and/or the redemption of Points for rewards and/or products and/or services which if in any event, our liability to any party cannot be excluded it will only be limited to the restatement of Points and/or the cost of rewards, products and/or services the Member should have entitled during the relevant period as we may determine in our absolute discretion.

8. Personal Data and information

8.1. In order for you to become a Member, it is necessary for you to provide us with your Personal Data 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.
8.2. You expressly agree and acknowledge that your data (including the Personal Data) provided for the Mann Card Programme shall be used to update your personal profile(s) in any of our rewards programmes. However, to the extent permitted by law, Mannings will not be responsible for completeness and accuracy for such data update and you are thereby encouraged to check and update your personal profiles of the Mann Card Programme and/or our other rewards programmes whenever necessary.
All Personal Data shall be managed in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) and Mannings' Privacy Policy which is posted at Mann Card Website and/or Mannings Mobile Application and any Personal Information Collection Statement specified on the Mann Card application form.

9. 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.

10. Governing Law

These Terms and Conditions shall be governed by the laws of the Hong Kong SAR and Mannings and the Member agrees to submit to the exclusive jurisdiction of the courts of the Hong Kong SAR.

11. General

11.1. In the event that your Membership Card is not used for a specified period of time as determined by Mannings from time to time (currently being, 365 days), we will, for your own and our protection, deem your Membership Card to be no longer in use, and we will cancel your Membership Card and all your accumulated Points will be forfeited forthwith. You may need to reapply for a new Membership Card if you wish to rejoin the Mann Card Programme.
11.2. At times the Mann Card Website and/or Mannings Mobile Application 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 Mannings Mobile Application and/or Service Hotline will resume service as soon as possible after the scheduled maintenance or breakdown.
11.3. Points, offers, benefits and Membership Cards are personal to an individual Member and cannot be transferred and/or assigned to any other person.
11.4. We may provide you with new services associated with your membership from time to time, and these new services will also be governed by these Terms and Conditions in addition to any terms and conditions applicable to the specific services.
11.5. In the event that we plan to terminate the Mann Card Programme, we shall give you at least three (3) months notice by display at our Retail Outlets, as well as on the Mann Card Website and/or Mannings Mobile Application or through such other means/channels that Mannings deems appropriate. Rewards not collected by the termination date will be forfeited and will not be refunded / recoverable.
11.6. 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 and losses to us and/or to Our Partners and/or Third Party Service Providers arising from and/or in relation to your breach.
11.7. The Membership Card shall at all time remain the property of Mannings and you shall promptly return the Membership Card and Mini Cards to us upon our request.
11.8. 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.
11.9. If we do not act in relation to your breach of these Terms and Conditions, this does not mean we waive our right to take action in respect of the said breach and any similar breach of the Terms and Conditions by you in the future.
11.10. Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, the Terms and Conditions is personal to and is made solely for the benefit of Mannings and you and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any Terms and Conditions is expressly excluded and no Terms and Conditions are, or are intended to be, enforceable by any person not being a party to it. Notwithstanding the foregoing in this paragraph, third party rights under the Terms and Conditions shall be enforceable by Dairy Farm International Holdings Limited (“DFIHL”) and/or an entity which, as at the time of enforcement, is a direct or indirect wholly-owned subsidiary of DFIHL in accordance with the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Terms and Conditions, are not subject to the consent of any third party (including DFIHL and/or any of the wholly-owned subsidiaries at all times).
11.11 Mannings has the absolute discretion to make changes to any of these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions is available on the Mann Card Website and/or Mannings Mobile Application.

©2018 The Dairy Farm Company, Limited 牛奶有限公司 trading as Mannings. All rights reserved.

Mannings Mann Card Programme (for application for membership in Macau) Terms & Conditions (Version: June 2018)

The Mann Card Programme ("Mann Card Programme") is operated by The Dairy Farm Company, Limited 牛奶有限公司 trading as Mannings ("Mannings ", "we", "us", "our"), registered as a branch in Macau, operating the Retail Outlets (as defined below). Your participation in the Mann Card Programme is governed by these Mannings' Mann Card Programme Terms and Conditions ("Terms and Conditions"). By applying for membership of the Mann Card 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. "Extra 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 or such website as notified by us from time to time.
e. "Mannings Mobile ApplicationMannings Mobile ApplicationMannings Mobile Application" means our mobile application to be installed on iOS or Android device or such mobile application as notified by us from time to time.
f. “Member” means a member of the Mann Card Programme.
g. “Membership Card” means the membership card (including but not limited to the tangible Membership Card, Mini Card, E-Membership Card or any membership card in such a form as notified by us from time to time) issued to you to enjoy benefits upon your successful registration with the Mann Card Programme.
h. "Mini Card" means the supplementary card(s) provided with the Membership Card.
i. "Third Party Service Providers" means third party services providers working with us and/or engaged by us to provide services including (i) data entry, (ii) customer database management, (iii) customer contact and (iv) secure data disposal services, including personal data.
j. “Our Partners” means any merchant(s) that may be invited to join the Mann Card Programme from time to time.
k. "Points" means Basic Points and/or Extra Points awarded to you upon purchases at our Retail Outlets.
l. “Retail Outlets” means stores operated by Mannings (including but without limitation to Mannings, Mannings Plus and Mannings Baby), in Hong Kong and Macau unless it is expressly excluded by Mannings from time to time.

2. Application of the Terms and Conditions

2.1. These Terms and Conditions form an agreement between you as a Member, and Mannings. These Terms and Conditions may be amended from time to time without prior notice to you. Where practicable we will communicate with you about material changes to the Terms and Conditions.
2.2. From time to time, Our Partners may be invited in order to offer you more rewards and targeted offers.

3. Membership application

3.1. In order to be registered as a Member of the Mann Card Programme, applicants must fill in an application form of the Mann Card Programme and return such application form to us via Mannings Mobile Application or any Retail Outlets.
3.2. Applicants must be 18 years or above.
3.3. You warrant and represent that the information provided in the application form is true, accurate and complete.
3.4. You agree to notify us immediately upon change of any of your details submitted to us in the application form. To the extent permitted by law, we shall not be liable for any claim, demand, liability or action resulting from your omission, neglect and/or failure to supply us with your updated information and the accuracy and completeness of those data.
3.5. 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 data ("Personal Data"), please refer to our Privacy Policy and Personal Information Collection Statement located at Mann Card Website and Mannings Mobile Application.
3.6 You can submit the application form through the Retail Outlets, and will be given a main Membership Card and two (2) Mini Cards. These cards offer exactly the same functions and are linked to one single Mann Card account with the same membership number. The Membership Card with the same membership number may be used by members of your family and friends to earn and accumulate Points to your Mann Card account.
3.7 You can also submit the application via Mann Card Website or Mannings Mobile Application, an E-membership account will be assigned to you via Mannings Mobile Application and no tangible Membership Card will be issued. If you request for the tangible Membership Card, please call Mann Card Service Hotline. We shall, upon your request, mail you a set of one main Membership Card and two (2) Mini Cards of a new membership account. The E-membership account that was assigned to you via Mann Card Website or Mannings Mobile Application will be overridden and superseded by the said new membership account of the tangible Membership Card. Upon receiving the tangible Membership Card, you can use them immediately. But you can longer use the E-membership account that was assigned to you via Mann Card Website or Mannings Mobile Application.
3.8. New members are able to start earning Points upon the issuance of their Membership Card. A new member enrolling via Mann Card Website or Mannings Mobile Application can start redeeming rewards on the next day of a successful enrollment of an E-membership. But, if a new member enrolls by submitting the application form through any Retail Outlets, the said new member can only start redeem rewards 45 days after successful enrollment.
3.9. Members can enquire about their membership 30 days after they have submitted the application.
3.10. No matter those Mann Card accounts are held by the same Member, Points in one single Mann Card account cannot be merged or transferred to other Mann Card account.
3.11. We have the absolute discretion to refuse and/or revoke registration of any applicant and to terminate and/or cancel the registration of such applicant for any reason whatsoever.
3.12. Points will only be credited into your Mann Card account after application has been approved and your Membership Card has been issued. You must present your Membership Card to the Retail Outlets assistant(s) prior to making your purchase in order to earn Points.

4. The Mann Card Programme, reward and special offer

4.1. Subject to clause 4.4 herein, one Basic Point will be credited to your account for every net amount of MOP$5 (or an equivalent amount in any currency as specified by us from time to time) spent in our Retail Outlets. Extra Points may also be issued on bonus promotional products from time to time.
4.2 Points will be awarded and updated within 5 days from the date of your purchase. You may check your Points balance at the Mann Card Website, Mannings Mobile Application or by calling the Mann Card Service Hotline, by presenting your Mann Card at our Retail Outlets or such other means that Mannings may communicate with you from time to time.
4.3. Mann Card Points earned from 1 July of each year till 30 June of the following year are valid until 30 September of the following year. The corresponding unused Mann Card Points will expire automatically on 1 October of the following year. Example: Mann Card Points earned from 1 July 2017 till 30 June 2018 are valid until 30 September 2018 and the corresponding unused Mann Card Points expire on 1 October 2018.
4.4. We reserve the right to exclude any services or products from the calculation of Basic Points, in our absolute discretion. Notices of such exclusion will be posted on the Mann Card Website, Mannings Mobile Application and/or in the Retail Outlets from time to time.
4.5. If you return products or point rewards to our Retail Outlets, Points will be adjusted from your Mann Card account (when applicable). We also reserve the right to deduct Points from your Mann Card account if we suspect that such Points were obtained via fraudulent, dishonest means or in such manners not in accordance with the Terms and Conditions.
4.6. The Points balance shown on a purchase receipt represents the current balance as at the end of the previous calendar day.
4.7. The last 10 transactions registered on your Mann Card account shall be shown on the Mann Card Website and/or Mannings Mobile Application. Transaction records or history will NOT be provided in a printed version.
4.8. We reserve the right to change the benefits, offers and features of the Mann Card Programme from time to time, without prior notice to you.
4.9. Upon accumulating the necessary amount of Points, you may redeem reward(s) with your Points at specified premises upon presentation of your Mann Card and a redemption letter (if applicable). We take no responsibility that you do not receive the redemption letter (if applicable) as a result of your failure in providing us with your correct and updated mailing address. Rewards not redeemed by the redemption expiry date will be forfeited. Points used for the corresponding redemption will not be refunded. Point advances or pooling points is not allowed.
4.10. We give no warranty or representation in relation to any rewards, redemption products and/or services in connection with the Mann Card Programme or their suitability for any purpose. Any warranty claims in respect of any rewards, redemption products and/or services should be directed to the relevant manufacturer(s) and/or service provider(s).
4.11. 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.
4.12. 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.
4.13. 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.
4.14. Members can enjoy a 5% discount in our Retail Outlets on Mann Card Day (currently the 10th day of every month). This discount is not applicable to the purchase of Gift Voucher, Infant Baby and Children Milk powder, Diapers, Phonecards, Hit & Run Promotion, Cosmetics / Derma Cosmetics / Health Counter Products, Prescription Medication, One Day Special Products and Redemption Products, Non Discountable Products, Member or Stamp Redemption Products, Plastic Bag Levy, EPS Easy Cash and Octopus Reloading Service. The discount cannot be used in conjunction with enJoy Day, Mannings Cash coupon, Mann Card 5% discount card and other promotional offers.

5. Safety & Security of Membership Card and PIN

5.1. 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 our Retail Outlets in Macau.
5.2. 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.
5.3. 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.
5.4. We reserve the right to charge you for a replacement Membership Card, irrespective of the reason for the need for the replacement Membership card.
5.5. It is your responsibility to ensure the safe custody and security of your Membership Card and PIN. We shall not be liable for any loss or damage suffered directly or indirectly as a result of and/or in relation to a lost or stolen Membership Card and/or the unauthorised disclosure of your PIN.

6. Return, Cancellation or Termination of your Membership

6.1. If you wish to return your Membership Card (other than due to malfunction as described under clause 5.1), or cancel your Mann Card membership, please call Mann Card Service Hotline. The Points recorded on your Membership Card will be forfeited and your membership will be terminated immediately. In the event your membership is terminated by Mannings for any reason(s), your Points will also be forfeited immediately.

7. Limitation of Liability

7.1. By becoming a Member you acknowledge, agree and accept that your participation in the Mann Card 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, enrollment and participation in the Mann Card Programme or the use of your Membership Card. Without limiting the foregoing:
7.2. To the extent permitted by law, all information, materials, rewards and/or redemption products and/or services provided and performed in connection with the mann card 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.
7.3. We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising 
out of your enrollment, participation and involvement in the mann card programme or your use of the Membership Card; in connection with any rewards, redemption products and/or services provided in connection with the mann card 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 omission, default and/or, under any other cause of action (whether the same was caused by us and/or third party service providers).
7.4. 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 Mann Card Programme including your use of the Membership Card and/or the redemption of Points for rewards and/or products and/or services which if in any event, our liability to any party cannot be excluded it will only be limited to the restatement of Points and/or the cost of rewards, products and/or services the Member should have entitled during the relevant period as we may determine in our absolute discretion.

8. Personal Data and information

8.1. In order for you to become a Member, it is necessary for you to provide us with your Personal Data 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.
8.2. You expressly agree and acknowledge that your data (including the Personal Data) provided for the Mann Card Programme shall be used to update your personal profile(s) in any of our rewards programmes. However, to the extent permitted by law, Mannings will not be responsible for completeness and accuracy for such data update and you are thereby encouraged to check and update your personal profiles of the Mann Card Programme and/or our other rewards programmes whenever necessary.
All Personal Data shall be managed in accordance with the Macau Personal Data Privacy Act (Law 8/2005), and Mannings' Privacy Policy which is posted at Mann Card Website and/or Mannings Mobile Application and any Personal Information Collection Statement specified on the Mann Card application form.

9. Chinese Version Prevails

If there is any inconsistency or conflict between the English and Chinese versions of these Terms and Conditions, the Chinese version shall prevail.

10. Governing Law

These Terms and Conditions shall be governed by the laws of the Macau SAR, and Mannings and the Member agrees to submit to the exclusive jurisdiction of the courts of the Macau SAR.

11. General

11.1. In the event that your Membership Card is not used for a specified period of time as determined by Mannings from time to time (currently being, 365 days), we will, for your own and our protection, deem your Membership Card to be no longer in use, and we will cancel your Membership Card and all your accumulated Points will be forfeited forthwith. You may need to reapply for a new Membership Card if you wish to rejoin the Mann Card Programme.
11.2. At times the Mann Card Website and/or Mannings Mobile Application 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 Mannings Mobile Application and/or Service Hotline will resume service as soon as possible after the scheduled maintenance or breakdown.
11.3. Points, offers, benefits and Membership Cards are personal to an individual Member and cannot be transferred and/or assigned to any other person.
11.4. We may provide you with new services associated with your membership from time to time, and these new services will also be governed by these Terms and Conditions in addition to any terms and conditions applicable to the specific services.
11.5. In the event that we plan to terminate the Mann Card Programme, we shall give you at least three (3) months notice by display at our Retail Outlets, as well as on the Mann Card Website and/or Mannings Mobile Application or through such other means/channels that Mannings deems appropriate. Rewards not collected by the termination date will be forfeited and will not be refunded / recoverable.
11.6. 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 and losses to us and/or to Our Partners and/or Third Party Service Providers arising from and/or in relation to your breach.
11.7. The Membership Card shall at all time remain the property of Mannings and you shall promptly return the Membership Card and Mini Cards to us upon our request.
11.8. 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.
11.9. If we do not act in relation to a breach of these Terms and Conditions, this does not mean we waive our right to take action in respect of the said breach and any similar breach of the Terms and Conditions by you in the future.
11.10. Mannings has the absolute discretion to make changes to any of these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions is available on the Mann Card Website and/or Mannings Mobile Application.

©2018 The Dairy Farm Company, Limited 牛奶有限公司 trading as Mannings. All rights reserved.