These Terms and Conditions are binding on all members ("Members") of the Henderson Club (the "Club") operated by Henderson Club Limited and constitute a Contract between the Club and each Member as if signed by each party. By signing the Henderson Club Credit Card Application Form herein to become a Member of the Club, the applicant agrees to be bound by these Terms and Conditions (as may from time to time be in force) upon becoming a Member of the Club. |
| MEMBERSHIP |
- The minimum age requirement for a Member is 16 years of age.
- All applications for Membership shall be subject to the approval of the Club, which it may give or withhold at its absolute discretion and without giving any reason therefor.
- Members have no voting right as to the constitution, operation or management of the Club nor any right in or any claim over any assets of the Club.
- Membership of the Club is non-transferable.
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| MEMBERSHIP CARD |
- The Henderson Club Credit Card (the "Card") will serve as both a credit card and the Henderson Member Card (the " Member Card") which is the Henderson Club membership card. Each Member will be issued a Henderson Member Card by the Club upon acceptance of the Membership application. The Member must sign the Member Card immediately upon receiving the Member Card using the same signature as on the Application Form.
- The Member Card remains at all times the property of the Club and the Club reserves the right at any time to revoke the Member Card and/or terminate the Membership of any Member without giving any reason therefor or prior notice and to require the Member Card to be returned to the Club and/or the Card to be returned to BEA upon request immediately.
- The Member Card may only be used by the Member to whom the Member Card was issued and the Member Card is not transferable. The Member Card must be produced as proof of Membership to enable the Member to enjoy the facilities and services offered to Members.
- If the Card is lost, damaged or stolen, it should be reported immediately to the Club. A charge may be imposed by the Club for the issuance of a replacement Card.
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| FACILITIES AND SERVICES |
- Members will be eligible to receive and enjoy the facilities and services provided by the Club subject to the Club's invitation and any specific terms and conditions imposed by the Club in relation to such facilities and services. Invitation to Members shall be at the absolute discretion of the Club.
- The Club shall have the right, at any time at its absolute discretion without giving any notice or reason to terminate or suspend the operation, provision and/or availability of any facility or service.
- The Club shall not be responsible for the refusal of any persons including any merchants or stores to honour the Card nor shall it be responsible in any way for the goods and/or services supplied by them to any Member.
- No Member shall make use of the Club or the facilities, services, information or documents provided or procured by the Club for any commercial, immoral, illegal purposes, or other pruposes.
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| THE CLUB'S RESPONSIBILITIES |
- The Club shall have no responsibility or liability whatsoever to the Member or any other person for any loss, damage, injury, costs, charges or expenses of any kind howsoever (whether directly or indirectly) caused or arisen for any act, omission or default as a result of or in connection with the Member's Membership of the Club.
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| REIMBURSEMENT OF COST BY MEMBER |
- The Club reserves the right to require a Member to reimburse the Club of all costs and expenses incurred by it in the provision and/or delivery of any information or documents requested by the Member.
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| AMENDMENT OF TERMS AND CONDITIONS |
- The Club shall have absolute discretion and right to amend these Terms and Conditions from time to time and may notify Members of such amendments in any manner it considers fit. All Members will be bound by such amendments unless for whatever reason on the record of the Club the membership has been terminated before the date specified in the notification upon which the amendments are to take effect.
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| RESIGNATION |
- Any Member who wishes to resign from his/her Membership shall give to the Club at least 7 days advance notice in writing to that effect. The Card issued to him/her by the Club must be surrendered to the Club together with the resignation notice by registered mail.
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| EXPULSION OF MEMBERS |
- The Club may, if it considers that any Member has behaved in any way injurious to the Club or prejudicing the interests of the Club or has committed any breach of these Terms and Conditions, expel the Member from Membership of the Club and the decision of the Club shall be final and conclusive.
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- A Member who has been expelled from the Club shall cease to have any rights, benefits or privileges of the Membership and shall no longer have any rights to enjoy the facilities and services provided or procured by the Club and shall immediately upon receipt of the notice of expulsion, surrender to the Club his/her Card.
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| TERMINATION OF OPERATION OF THE CLUB |
- Henderson Club Limited shall have the right at any time at its absolute discretion without giving any notice or reason to Members to terminate the operation of the Club. Upon the termination of the operation of the Club, all rights and privileges of Members shall cease. No claim or demand of whatsoever nature and howsoever arising shall be made or capable of being made by Members against the Club, the directors, shareholders or management of Henderson Club Limited in connection with such termination.
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| PERSONAL DATA |
- Supply of personal data to the Club by the Member is voluntary. Each applicant for Membership is required to supply all the personal data and other information requested in the Application Form herein in order to enable the Club to consider his/her application. Failure to do so may result in the Club being unable to process the application. If the application is successful, further personal data and information may be collected during the period when a Member's Membership continues.
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- Personal data and information relating to an applicant or Member may be used by the Club to facilitate or in connection with any and all of the following purposes:
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| (a) |
processing application for Membership; |
| (b) |
assessment and/or verification of information supplied to the Club; |
| (c) |
conducting researches and/or analysis from time to time for any purpose of the Club and/or any member of the Henderson Group (the "Group"); |
| (d) |
providing privileges, benefits and other advantages to the Members and rallying and arranging for the same to be provided by any other person including any member of the Group or any other firm, company, corporation, body or organization (collectively, a "Relevant Person"); |
| (e) |
designing, providing and marketing to Members or customers generally facilities, services and/or products of the Club, any member of the Group or any Relevant Person; |
| (f) |
promoting, improving and/or furthering the provision of facilities, services and/or products to Members or customers generally by the Club, any member of the Group or any Relevant Person; |
| (g) |
facilitating communications between Members and the Club and any member of the Group and encouraging feed-back from Members on their needs and expectations of facilities, services and/or products of the Club, any member of the Group or any Relevant Person; |
| (h) |
matching for whatever purpose (whether or not with a view to taking any adverse action against any applicant or Member) with other personal data relating to him/her in the possession or control of the Club and/or any other person; |
| (i) |
meeting any requirements to make disclosure under any applicable law; |
| (j) |
any other purpose which an applicant or Member may from time to time agree. |
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- The Club will keep personal data and information relating to applicants and Members confidential but the Club may disclose, transfer (whether within or outside the Hong Kong Special Administrative Region) and/or exchange any such data and information to or with any and all of the following persons or entities :
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| (a) |
any member of the Group; and/or |
| (b) |
any Relevant Person; and / or |
| (c) |
any agent, contractor or third party service provider who provides administrative, telecommunications, computer or other services to the Club or any member of the Group in connection with their respective operations or provision of facilities, services and/or products to Members. |
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- In particular, such personal data and information may be used for direct marketing of facilities, services and /or products offered by the Club, any member of the Group or any Relevant Person from time to time unless and until a written request is received from the relevant Member to stop using his/her data for direct marketing purposes.
- Each Member has the right to request access to and correction of any of his/her personal data. The Club has the right to charge a reasonable fee for the processing of any data access request. The Club will comply with any such request unless it may or is required to refuse to do so under the applicable laws and regulations.
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| APPLICABLE LAW |
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
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| GOVERNING VERSION |
The English version of these Terms and Conditions shall prevail wherever there is any discrepancy between the English and Chinese versions.
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