Terms & Conditions
These Terms and Conditions are binding on all Members of The Clans operated by CR Land Hong Kong Customer Services Limited (“Company”). Members shall include but not limited to all classes/tiers of membership and such other kinds of members as may be specified by Company from time to time. By applying for membership and becoming a Member of The Clans, the applicant agrees to be bound by these Terms and Conditions (as may be in force from time to time) upon becoming a Member of The Clans.
A. Definitions
- “Benefit” means any reward, service, benefit, promotion, privilege, offer or the like offered or to be offered to the Members by The Clans or any third party (including but not limited to the Designated Partners) under the Program from time to time.
- “Card” means a membership card (including but not limited to membership cards of all tiers and such other kinds of membership cards (as may be specified by The Clans from time to time) issued to a Member for identity verification and enjoyment of the Benefits.
- “The Clans” means The Clans and the Company operating The Clans.
- “Designated Partner” means any partner who offers or will offer rewards, services, benefits, promotions, privileges, offers or the like to the Members under the Program subject to the applicable terms and conditions, whether specified herein or otherwise. A list of Designated Partners is set out at theclans.com.hk and may be amended and updated by The Clans at its sole discretion from time to time without any prior notice.
- “Hong Kong” means the Hong Kong Special Administrative Region.
- “Member” means any member of The Clans which include members of all tiers and other classes of members as may be designated by The Clans from time to time.
- “Membership” means membership of The Clans of whatever class or tier.
- “Company” means CR Land Hong Kong Customer Services Limited, a company incorporated in Hong Kong with registered office at 37/F, China Resources Building, 26 Harbour Road, Wanchai, Hong Kong or such other address as amended or updated by Company.
- “Program” means the membership programme operated under the name of “The Clans” which is owned and managed by the Company.
- “Transaction” means any transaction which is one of the conditions for applying for a specific tier of Membership as specified by The Clans from time to time.
- “Website” means the website at theclans.com.hk
- A reference to one gender includes a reference to all genders.
- Words in the singular includes the plural and vice versa.
B. Enrollment
- Eligibility – Any person who is aged 18 or above and satisfies the Membership entry requirements as may be specified by The Clans from time to time is eligible for application for Membership.
- Personal Basis Only – Application for Membership shall be made on personal basis and The Clans does not accept application on a company or corporate basis. If the purchaser or tenant of a designated property is a company, only one of the shareholders or directors of the relevant company can apply to become a Member correspondingly based on its entry requirements.
- Discretion to Decline – The Clans is entitled to decline any application for Membership at its absolute discretion without giving any reason.
C. Membership Card
- Card – The Clans will issue a Card to a Member upon his successful application for Membership.
- Use of Card – The Clans and the Designated Partners are entitled to request a Member to produce his Card when he claims for any Benefits or make any request in relation to his Membership, the Card and the Benefits. The Clans and the Designated Partners are entitled to assume without proof that the bearer of a Card is the Member named thereon.
- Misuse – Misuse of the Card by a Member may result in termination or suspension of his Membership or withdrawal of Benefits from the Member by The Clans and the Designated Partners without prejudice to any accrued right and remedy that The Clans and the Designated Partners may have against the Member.
D. Non-Transferability
- Non-Transferability – The Membership, the Card and the Benefits are not transferable by the Member and may only be used or enjoyed by the Member to whom the Membership, the Card and the Benefits are granted or issued.
E. Cancelled Transactions
- Membership Cancellation – If a Member becomes a particular tier of a Member by way of a Transaction but the Transaction is subsequently cancelled or reversed for whatever reasons, the Membership (including the Benefit offered to such Member) will be terminated automatically upon the cancellation or reversion of the Transaction. All previous Benefits obtained by such Member shall be returned to The Clans and the Company on an unconditional basis and without any consideration or compensation forthwith upon request of the Company.
F. Proof of Eligibility
- Proof – An applicant of Membership or a Member, as the case may be, is required to provide supporting documents for proof of his eligibility to Membership, renewal or upgrade thereof (whichever shall be applicable) as may be specified by The Clans from time to time.
- Keeping Records – The Clans is entitled to make copies of the supporting documents produced by the applicants or Members to The Clans and retain the same for audit and daily operation purpose.
G. Website
- Use – This Website and its use by any person are subject to the applicable terms and conditions and the Privacy Policy Statement of such website.
H. Enjoyment of Benefits
- Additional Terms – The Clans is entitled to impose additional terms and conditions in respect of the Membership, the Card and the Benefits from time to time without prior notice. However, The Clans shall use its best efforts to announce the additional terms and conditions as soon as practicable. Should there be any inconsistency between these terms and conditions and those additional terms and conditions, those additional terms and conditions shall prevail.
- Limitation – All Benefits are offered subject to availability and are offered only while stocks last (if applicable).
- Eligibility – The Clans is entitled to grant Benefits to a Member only when the Membership account of this Member is valid and in good standing as recognized by The Clans and the Member has complied with the terms and conditions of The Clans.
- Verification of Identification – The Clans and the Designated Partners are entitled to request a Member to present his Card and, if necessary, other identification documents for verification of identities of the Member when the Member claims for any Benefits.
- Different Benefits – The Clans is entitled to grant different Benefits to different Members subject to different terms and conditions at the absolute discretion of The Clans.
- No voting right – Members have no voting right as to the constitution, operation or management of The Clans nor any right in or any claim over any assets of The Clans.
I. Termination or Suspension of Membership
- Right to Terminate or Suspend – The Clans is entitled to forthwith terminate or suspend the Membership of any Member in case the Member breaches any term and condition herein or does not follow the instruction of The Clans from time to time. In addition, The Clans reserves the right to forthwith terminate or suspend the Membership of any Member at any time at the sole discretion of The Clans without giving any prior notice, reasons and compensation to such Member. The Clans shall not be liable for any loss or damage resulting therefrom to any party in any event.
- Not affecting Other Rights – Termination or suspension of Membership of the Member for whatsoever reasons by The Clans shall be without prejudice to the accrued rights and remedies that The Clans and the Designated Partners may have against such Member. All previous Benefits obtained by such Member shall be returned to The Clans and the Company on an unconditional basis and without any consideration or compensation forthwith upon request of the Company.
- Death – Upon death of a Member, his Membership shall be automatically terminated without any compensation.
J. Disclaimers and Exclusion of Liabilities
- Exclusion and Limitation of Liability – All liability, if any, on the part of The Clans, its directors, shareholders, employee, affiliates, agents, suppliers and partner organizations, as set out in these terms and conditions, expressed or implied by statute or otherwise, are hereby excluded to the fullest extent permitted by law. Without prejudice to the foregoing, the maximum liability of The Clans to any Member shall not exceed HKD100.00 in aggregate in any event.
- Waiver of rights – A Member hereby is deemed to have read, understood and agreed to these terms and conditions, and agreed that he does not rely on any statement, representation, assurance or warranty made by The Clans, its representatives, employees or agents and shall waive all of his rights, if any, against The Clans in relation there to.
- Quality and responsibility of the Benefits –The Clans does not give any warranty for the quality or fitness of any of the Benefits and accepts no responsibility in respect of the following:
(a) refusal by The Clans and any Designated Partners to offer the Benefits or accept the Card;
(b) non-availability of any of the Benefits; and
(c) refusal by The Clans and any Designated Partners to replace or change any of the Benefits or pay compensation or reward thereof. - Disputes and resolution – In case of any dispute between the Member and the Designated Partners in relation to these terms and conditions or the Benefits, both parties shall resolve the disputes themselves.
- Terms of the Designated Partners – The Designated Partners may impose additional terms and conditions in respect of the Benefits available to the Member. The Member agrees to be bound by such additional terms and conditions in respect of the Benefits.
K. Right of Modification
- Right to Modify – The Clans is entitled to, at any time, modify the structure, contents and other features of the Program, including but not limited to the conditions for joining the Program or implementing other programs for customer rewards and targeted offers.
- Right to Terminate – The Clans is entitled to amend, suspend and terminate the Program and/or cease operation of The Clans at any time for any considerations including commercial considerations as it deems fit without any reason or compensation. The Clans shall not be liable for any loss or damage resulting therefrom to any party in any event.
L. Miscellaneous
- Right to Transfer – The Clans is entitled to transfer, assign, charge, sub-contract or otherwise dispose of any of the rights or obligations under these terms and conditions and the Program on such terms and conditions as The Clans may at its sole discretion think fit at any time without any prior notice to the Member.
- Right to Amend – The Clans is entitled to revise and amend these terms and conditions at any time without any prior notice to the Member.
- Right to Interpret – The right to interpret these terms and conditions is vested in The Clans. In case of any dispute, the decision of The Clans shall be final and binding on all parties concerned.
- English Version Prevails – The Chinese version of these terms and conditions is for reference only. In case of discrepancies between the English version and the Chinese version, the English version prevails.
- Entire Agreement – These terms and conditions and any provision or document expressly referred to herein constitute the entire agreement between The Clans and a Member and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between The Clans and a Member relating to the subject matter.
- Governing Law – These terms and conditions shall be governed by the laws of Hong Kong and shall be subject to non-exclusive jurisdiction of the courts of Hong Kong.