Soundwill Plaza – Midtown

Soundwill Club (the “Club”) TERMS AND CONDITIONS

All members of the Club operated by Soundwill Club Limited (including registered members, platinum members, gold members, diamond members and commercial/residential members, collectively the “Member(s)”) are bound to the terms and conditions hereunder (the “Terms and Conditions”). Anyone who submitted a signed application form and/or registered online/on mobile app to become the Member of the Club means he/she has fully accepted the Terms and Conditions stipulated by the Club and the amendments by the Club thereto from time to time, as well as agreed to comply therewith and bound thereunder.

1. Membership

  1. The membership of the Club is perpetually free
  2. The Club offers one type of membership to those 18 or above for application:
    1. Member- for any Hong Kong permanent residents.
  3. The Club can extend other kinds or types of membership from time to time if thought fit.
  4. All membership applications require the approval of the Club. The Club has absolute discretion to approve or refuse any application for membership without giving any reasons. Also, the Club has absolute discretion to amend the eligibility requirements of its membership from time to time. The validity period of the membership refers to the term specified by the Club from time to time. The Club has absolute discretion to renew the membership to any terms or by any means or refuse to renew the membership. Without limitation to the generality of the foregoing, in particular when renewing the membership, the Members have to prove to the Club upon its request in its satisfaction with their eligibility to be the relevant Members and submit the original supporting documents and/or their copies as the Club considers necessary for approval.
  5. Any change to the personal data of the Members (including but not limited to their names or addresses) shall be notified to the Club in written form as soon as possible and any original supporting documents and/or their copies as the Club considers necessary shall be submitted to the Club for approval.
  6. Each Member shall conduct application individually and hold only one type of membership of the Club at any time. If any Member holds more than one type of membership, all his/her memberships would be treated as invalid.
  7. Members are not entitled to vote in respect of the organization, operation or management of the Club or to have any rights or rights to claim for any property of the Club.
  8. The Membership of the Club is non-transferable.

2. Soundwill Club Membership Application

  1. In order to be registered as a Soundwill Club Member, applicants must: (i) install Soundwill Club Mobile App into their mobile device; (ii) complete all mandatory fields in the registration form of Soundwill Club and click to agree the Terms and Conditions; and (iii) verify their phone number by receiving a passcode in their SMS inbox from Soundwill Club.
  2. You warrant and represent that all the information you provided to us upon registration as a Soundwill Club Member is true, accurate and complete. Applicants must use the name listed on their HKID for validation in later stage. Fail to provide so may cause disapproval in application
  3. You agree to notify us immediately by updating your personal profile(s) upon change of any of your information submitted to us when you registered as a Soundwill Club Member. To the extent permitted by law, we shall not be liable for any claim, demand, liability or action resulting from your omission, negligence and/or failure to supply us with your updated information and the accuracy and completeness of those information.
  4. The information you provided us when you register as a Soundwill Club Member will help us to provide you with selected offers that may be of interest and value to you. For details of the ways in which we may use your personal data (“Personal Data”), please refer to our Privacy Policy.
  5. Soundwill Club Members are able to start earning Points after successfully completing the member registration process.
  6. We have the absolute discretion to refuse and/or revoke registration of any applicant/Soundwill Club Member and to terminate and/or cancel the registration of any applicant/Soundwill Club Member for any reason whatsoever.
  7. Each member must apply individually and each person can only hold one membership at any time. Anyone with more than one membership will be disqualified as members from Soundwill Club.
  8. Members shall present their Membership Cards on demand as a proof of their membership when using the facilities and/or enjoying privileges offered by the Club.

3. Privileges

  1. All membership privileges are non-transferable.
  2. The Club reserves the right to change, suspend or terminate any privileges for the Members at any time without any notice.
  3. In case of any products and/or services provided by a third party provider/supplier, the use of these products and/or the enjoyment of services shall be subject to the Terms and Conditions stipulated by such provider/supplier.
  4. The Club takes no responsibility for any person (including any merchant and/or shop and/or supplier providing any product and/or service) who refuses to accept and/or recognize the Membership Card. Under no circumstances the Club shall take responsibility for any loss, cost, expense and/or damage suffered by the Members who are involved in the product and/or service provided by the parties mentioned above. If any shop is not able to deliver the product and/or service upon the payment of the Members, the Club takes no responsibility for any of such credit risk.
  5. Members shall not use the Club or the facilities, services, information or documents provided by the Club for any commercial, immoral, illegal or other improper purposes.
  6. Staffs of Soundwill Group’s tenants are not eligible to participate any promotion.

4. Points

  1. 1 point can be earned for every HK$300 spent by electronic payment in the designated restaurants which are located in Soundwill Plaza I or Midtown.
  2. 1 point can be earned for every HK$800 spent by electronic payment in the designated leisure shops which are beauty or lifestyle shops in Soundwill Plaza I or Midtown.
  3. Only electronic payment transaction are eligible for earning points.
  4. The maximum points earned from each invoice or through e-money spending by each member of the Soundwill Club are 800 points (including birthday delights and other rewards promotions for earning points). If the invoice of the designated restaurants or e-money spending slip held by the customer is above HK$240,000, a maximum of 800 points can be earned; if the invoice of the designated leisure shops or e-money spending slip held by the customer is above HK$640,000, a maximum of 800 points can be earned.(Redemption Period: 12-9pm)
  5. Members shall present the machine-printed invoice of the shops and the corresponding electronic payment slip for spending registration in the mobile app or exchange of points at the concierge counter on the lobby floor in the Soundwill Plaza I / Midtown within 7 days from the date of the transactions.
  6. In exchange of points, Members shall present the payment slip, and credit card receipts with the same names as the Members, as well as HKID for identity verification. Otherwise it will not be accepted. Any machine-printed invoice or payment slip not issued by the designated restaurants or designated leisure shops (collectively, the “Designated Shop(s)”) cannot be used for exchange of points. The Club has the right to request the presentation of identity cards of the Members for verification.
  7. No rewarding point can be earned by the following payments: handwritten/reprinted/photocopied receipts, any purchase or use of coupons/cash vouchers/gift cards/meal vouchers/cakes coupons/stored value cards/prepaid cards/commodity coupons, top-up/payment services/online payments.
  8. Each set of valid invoice and slip can only exchange points for once. The invoices and slips which have already been used to exchange points or redeem gifts are not accepted. Each valid machine-printed invoice shall be printed with clear shop name, transaction date, transaction time and amount. Any handwritten invoice, reprinted, photocopied or electronic-scanned, pixel-image machine-printed invoice is not accepted.
  9. The Club will stamp on the invoices and slips for identification purpose. The Club also has the right to backup and maintain the computer-printed invoices of the shops for internal review. In case of dispute, the Club has the right to determine the validity of such computer-printed invoices. If Members are not able to provide sufficient information to prove the possession of such computer-printed invoices, they are not allowed to exchange any points.
  10. In redemption of gifts with the points, members must provide HKID to staffs for identity verification.
  11. Members should check the gifts immediately upon the redemption of rewards with the points. The gifts are non-refundable upon completion of the redemption procedures. The Club takes no responsibility for the quality of the gifts.
  12. The validity period of the points commences from 1 January and ends on 31 December for each year. All expired points will be cancelled and cannot be used for redemption of any gift.
  13. Soundwill I, Midtown and Soundwill Club are entitled to use the photographs/videos of the Members who have participated in events thereof for future promotion purposes.
  14. In the interest of fairness, all staff of the Soundwill Group or the Designated Shops are not permitted to participate in points earning and if found, the Club will revoke the qualifications of the Members immediately without further notice.

5. Responsibilities

  1. The Club, Soundwill Club Limited (the operator of the Club) and the Soundwill Group take no responsibility for any direct and/or indirect loss, damage and/or injury to the Members or any other person caused and/or may be caused by any behavior, omission and/or nonperformance led and/or induced by the Members or any other person for any reason.
  2. The Club is entitled to charge the Members for the compensation of the fees and/or expenses paid by the Club due to the provision and/or delivery of any information and/or document upon request of the Members.

6. Amendment to Members’ Terms and Conditions

  1. The Club has absolute discretion and the right to amend the Terms and Conditions from time to time and informs the Members for any relevant amendment by any means or through any channel as it considers appropriate.
  2. Unless the Club has confirmed the notice of withdrawal from membership of the Members, all Members shall comply with and be subject to these amended Terms and Conditions.

7. Withdrawal from Membership

  1. Any Member who would like to withdraw from membership shall make a written notice of withdrawal to the Club in advance. The withdrawal procedures are subject to the confirmation by the Club.

8. Expulsion of Membership

  1. Without being affected the above overriding rights to terminate the membership by the Club, if the Club considers the performance and/or behaviour of any Member would harm the Club and/or any Member and/or violate and/or prejudice the Club’s benefits and/or breach any Terms and Conditions, the Club is entitled to expel the membership of the relevant Members and the decision of the Club shall be final and binding on the Members.
  2. The expelled Members shall cease to be the Members of the Club immediately and shall cease to entitle to any rights, benefits and/or privileges of such membership immediately. The expelled Members shall not be entitled to accept and/or use the facilities and/or services provided by the Club as well.

9. Cessation of the Club’s Operation

  1. Soundwill Club Limited has absolute discretion to cease the operation of the Club at any time without giving any reason and/or notice. Once the Club ceased its operation, all rights and/or privileges of the Members will cease forthwith. In all circumstances, Members may not and/or could not make any claims of whatsoever nature and/or claims and/or demands arising from any circumstances due to cessation of the Club’s operation against the Club and/or Soundwill Club Limited and/or its directors, shareholders or management.

10. Personal Data(the “Data”)

  1. Each applicant for membership must provide the Club with all Data and other Data required in this application form for the purpose of considering the application. Failure by applicants to provide such Data for the Club might result in its failure to process the application.
  2. For successful application, the Club may collect further Data and other Data during the validity period and/or renewed period of the membership upon members’ consent.
  3. Once the application for membership was accepted, the Club will destroy the copies of the required supporting documents provided by the Member at the time of application.
  4. All Data given to the Club will be treated confidentially. However, the Data given to the Club by applicants of the Club’s membership or Members may be used for certain mandatory purposes and some other solely for voluntary purposes.
  5. If the Data will be used for mandatory purposes, the applicant or Member must allow the Data to be used for such purposes.
  6. If the Data will only be used for voluntary purposes, the applicant or Member may specify his/her unwillingness to use the Data for such purposes by giving a written notice to the Club.
  7. Mandatory purposes:
    1. To process the application of the membership;
    2. To assess and/or verify the Data given to the Club;
    3. To carry out research and/or analysis for any purpose of the Club from time to time;
    4. To design and offer privileges, benefits and other advantages to Members and arrange any members of Soundwill Group or other individuals, firm, company, corporation, organization or institution (collectively, the “Related Parties”) to design and offer privileges, benefits and other advantages for Members;
    5. To facilitate communication between Members and the Club, and encourage Members to provide feedback on their needs and expectations regarding the commodities, services and/or other privileges offered by the Club;
    6. To comply with the disclosure requirements as prescribed under any applicable laws, rules or regulations;
  8. Voluntary purposes:
    1. To carry out research and/or analysis for any members of Soundwill Group from time to time;
    2. To conduct marketing for (i) the products of the Club and/or (ii) the commodities, facilities and/or services of any members of Soundwill Group or any of its Related Parties, and such commodities and/or services are irrelevant to the benefits offered or to be offered to the Members by the Club;
    3. To offer direct marketing to the commodities, facilities, services and/or products provided by the Club, any Soundwill Group members or any Related Parties;
    4. To facilitate the communication between Members and any Soundwill Group members, and encourage Members to provide feedback on the demands for and expectations of the facilities, services and/or products provided by the Club, any Soundwill Group members or any Related Parties; and/or
    5. To have the photos/videos of Members for advertising and promotional purposes.
  9. Applicants or Members who do not want the Club to apply their Data to any of the above voluntary purposes may email their requirements to theclub@soundwill.com.hk at any time.
  10. While preserving the confidentiality of the Data related to applicants and Members, the Club might disclose or transfer (within or beyond the Hong Kong Special Administrative Region) any such information to and/or exchange any such Data with any and all of the following persons or entities:
    1. The Soundwill Group; and/or
    2. Agents, contractors or any third-party service providers who provide the Club or any Soundwill Group members with administrative, telecommunication, computer or other services, regarding the respective operation of the Club or any Soundwill Group members or regarding the respective provision of facilities, services and/or products for Members; and/or
    3. Any persons to whom the Club or any Soundwill Group members are obliged to make disclosure as required by any laws, rules or regulations which are binding on the Club or the Soundwill Group members.
  11. Every applicant and Member is entitled to: (i) requesting an inquiry into his/her Data and the correction of any Data which is proven incorrect, and (ii) identifying the Club’s policies and guidelines on relevant Data, and being informed of the types of Data held by the Club and the main purposes for which the Data is or would be used. The Club has the right to charge a reasonable fee for the request of processing any Data inquiries. The Club may receive a written notice for any Data inquiry or request of Data correction for at least 7 working days in advance (address: 21/F, Soundwill Plaza, No. 38 Russell Street, Causeway Bay, Hong Kong). The Club would comply with any such requests for taking action, unless it may or shall decline to handle the requests under applicable laws and regulations.

11. Applicable Laws

  1. The Terms and Conditions are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
  2. Any provision of the Terms and Conditions which is illegal, invalid or unenforceable shall be separated from the Terms and Conditions, and such illegality, invalidity or unenforceability shall not affect the rest of the Terms and Conditions. All the provisions that are unaffected by such illegality, invalidity or unenforceability shall have full force and effect.

12. Jurisdiction and Language Version

  1. Should any discrepancy arise between the English and Chinese context of the Terms and Conditions, the Chinese version shall prevail.