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Day Day Fresh Terms & Conditions Terms of Use The Company reserves the right to modify this Web Site at any time without prior notice. Your use of this Site following any such modifications constitutes your agreement to be bound by the terms as modified. • While the Company endeavours to keep the information appearing on this Site up-to-date, the Company accepts no responsibility for the accuracy or completeness or use of, or any liability to update, the information contained on this Site. • Links to third party websites or information are provided for your convenience only. If you use these links, you will leave this Site and will be subject to the terms contained on any such third party websites. The Company is not responsible for the availability of any such third party websites. The Company has not reviewed, is not responsible for, and accepts no liability in respect of, any information or opinion contained on any such third party websites. • Due to the nature of the Internet, transactions conducted or email messages sent through this Site may be subject to interruption, transmission blackout, delayed transmission or incorrect data transmission. Under no circumstances shall the Company be held liable for any failure in the communication networks, or the accuracy or timeliness of messages and transactions sent via the Site whatsoever. • The trademarks, logos and the copyright of the content or information on this Site are owned by the Company or other service providers authorizing their use on this Site. These may not be used without the written permission of the Company or the relevant intellectual property rights owner. • No part of this Site may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way or for any purpose without the Company’s prior written consent. • The Company makes no express or implied warranty, representation or endorsement whatsoever with respect to this Site, the service offered via this Site or the content contained herein. The Company does not warrant that the function performed by this Site will be available, uninterrupted, timely, secure or error free. • In no event shall the Company be held liable for any claim, loss, damage, costs and expenses whatsoever, whether direct or indirect, arising out of or in connection with this Site, the service or the content, whether in contract, tort or otherwise, even if the Company has been informed of the possibility of such damage. M Please refer to the section on “Privacy Policy” regarding the Company's privacy policy Day Day Fresh (日日食良) Membership Terms and Conditions Please read these Terms and Conditions of Customer Relationship Management services (“CRM”) carefully and CRM is provided by Milesville Limited, “The Company”, “We” , “us”, “our”). By applying this Membership Program, you agree to be bound by the Terms described herein and all Terms Incorporated By Reference. If you do not agree to all of these Terms, do not participate in this program. This Membership Program is not targeted towards, nor intended for use by, anyone under the age of 18. If you are the ages of 17 or below, you may only use this program under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Membership of日日食良is at the sole discretion of Milesville Limited and Milesville Limited may refuse membership to any applicant. General Conditions Membership in 日日食良 and membership cards are not transferable and may only be used by the Member. Membership cards remain the property of Milesville Limited and must be returned upon termination of membership or otherwise upon request. Misuse of membership cards or programme benefits, including, but not limited to, Fraud and Misconduct, may result in termination or suspension of membership, or withdrawal of benefits. Members are responsible for the security of their passwords and Milesville Limited shall not be liable in the event that a Member's password is disclosed, whether intentionally or not, so as to allow a third person access to the Member’s account to make transactions. Milesville Limited reserves the right to audit a Member's account without prior notice to ensure compliance with these terms and conditions; any Partner’s terms and conditions; and any other applicable rules, regulations or terms and conditions. During the course of an audit, the Member’s account will be temporarily suspended, and the Member will not be permitted to access his/her account nor perform any transactions. Multiple memberships are not permitted. Each Member must maintain only one account. Enrolment for Membership 1. Customers can register as members of 日日食良 (“members”) through the we Website (“Website”) by entering the required information and to activate via Email authentication link or SMS. 2. Members must ensure that the information submitted on the registration form is authentic, accurate, complete, not misleading and without any elements of fraud. 3. Each applicant can register once only. Membership is non-transferable.
5. Each (E-mail + Mobile Phone number) can be registered for one membership account only. The registered Email must be verified to activate the account and to receive membership notifications. The member is required to provide a valid mobile phone number at registration. Duplicated registration with the same Email and/or telephone Number, his/ her application will not be processed.
7. The Company reserves the right to refuse any application of membership. In case of any disputes, our decision shall be absolute and final. Eligibility & Membership 8. The Company reserves the right to determine whether an Applicant is eligible to join the 日日食良 Membership Program and the membership status of the Applicant at its sole discretion. Our decision on whether an Applicant’s eligibility to become a member is final. 9. Physical member card or e-card if applied through mobile application will be issued to successful applicants, Members must present the member card for registering events / activities, earning points, enjoying members’ benefits or redeeming rewards, including but not limited to gifts, vouchers, services (hereafter named as “Rewards”). When we have been provided with the member card and any other documents that we may reasonably require for identity verification purpose, we shall be entitled to assume that the holder or bearer of the member card has the authority to act for the Member in all matters relating to the programme, matters, activities, private events, earning Membership Points, redemptions of Rewards (hereafter named as “Program”) and the Member is bound by the act of the said holder or bearer of the member card. 10. In the Company’s sole opinion, if a Member abuses or misuses any of the rights and privileges under the Program or fails to comply with any of the terms and conditions herein or makes any misrepresentation to us or submits any documents which are not valid or genuine or which are obtained through improper means or which could be subsequently invalidated or cancelled, the Company reserves the right to terminate the Member’s membership or suspend the services to such Member including the rights to participate in the Programme, to earn Membership Points and to redeem Rewards or to revoke or reverse or forfeit all or any of the points that have been earned by the Member. Our determination shall be absolute and final. 11. Members shall provide their latest and valid contact details to us, including email address and mobile telephone number, to ensure that all communications under the Program can be sent to the Member properly. Member shall immediately notify us if there is any change of their contact details. 12. If you wish to access or update your personal data, request relevant Terms and Conditions, choose not to receive direct marketing information from our Company and the type of personal data held by us, please email us at cs@daydayfresh.com.hk Membership Points and Rewards shall only be used by the Member and cannot be resold to third parties or exchanged for cash. Membership Points 13. Member can earn Membership Points with their e-card or physical member card upon the actual spending amount at the particular merchants. Member will receive 1 Point for every actual spending amount of HK$10 per purchase (i.e. 0.1 Points for every purchase of HK$1. Example: 10 Points for HK$19 spent and so on). 14. Membership Points will not be awarded in decimals. For example, if the actual spending amount is $53.9, Membership Points will be issued based on the actual spending amount of $53, equals to 5 points. 15. For each transaction, each merchant has different upper limit on the membership points earn, that said the limit shall be updated from time to time in accordance with the latest membership scheme. Before making each transaction, members could check with the merchants for the latest upper limit on membership points earn. After making a transaction, members are advised to verify the membership points earned from the purchase via Kiosk, which is set up at the entrance / exit of each market. Should you have any queries, please seek assistance at the customer service counter in each market. 16. Member is required to tap his/ her membership card on designated devices or kiosk of the market to upload the Membership Point record(s) at the purchase before he/ she leaves the market; otherwise the Points’ records for the day might be automatically vanished on the following day. (Please contact customer service for details). 17. To view the cumulative Membership Points’ records, members can check the Membership Point balance through their mobile app or login to the website. Members can also tap his/ her member card on kiosk at any entrance/ exit in the particular markets or merchant to check the Membership Point balance. Those member points that uploaded to the server can be redeemed/ used for the next transaction. 18. Membership Points are based on the Company’s system records. In the event of any dispute, the Company reserves the right of final decision. 19. The validity period of the Membership Points is from the effective date to 31 December of the following year, i.e. if the effective date of the Membership Point is 1 November 1, 2019, Points will be expired on 31 December, 2019. All expired points will be automatically forfeited without prior notice and will not be eligible for redeeming Rewards. 20. Membership Points have no cash value, and are not exchangeable for cash. They cannot be sold, purchased, assigned, or exchanged, except as specifically provided in the terms herein or as may be allowed in special programme(s) by the Company at its sole discretion. Whenever such special programme(s) shall be organized or launched by the Company, the terms and conditions herein shall continue to apply. 21. The Company reserves the right to change and amend these Terms and Conditions herein including those relating to Membership Points earning at any time and from time to time at the Company’s sole discretion. 22. The Company may, at its sole discretion, deduct from Member’s remaining Points: i. which are suspected to be fraudulently or incorrectly recorded or earned by Member; ii. relating to any transaction which is cancelled or does not exist; iii. recorded in error; and iv. which has already expired and / or cannot be used for redemption of Rewards. Gift Redemption & Membership Activities 23. Member may use unexpired Membership Points to redeem gifts / Rewards or to take part in a Members’ activities based on the available offers. Points will be deducted on a first-in-first-out basis. Any redemption is subject to Member having adequate Points and all gifts / Rewards are subject to stock availability, which will be based on first-come, first-served basis. Members are advised to check the availability of the gifts / Rewards / services before making any purchase(s) and / or making any redemption. Members acknowledge that gifts, Rewards or services available for redemption will be limited in supply or limited for redemption within certain period and agree that no claim or complaint could be made against and no compensation would be offered by the Company, if the gifts, Rewards or services intended for redemption by Members by utilizing those unexpired points are not available. Members are responsible for checking the latest information from the Company regularly before redeeming gifts / Rewards or taking part in members’ activities by using unexpired Points. 24. All redemptions are to be made before the date specified in the Programme (if any) and subject to the accumulation of adequate points and our final acceptance according to the terms and conditions set out herein. The Company will deduct the Membership Points required for the redemption from the Member’s account. 25. Photos of the gifts or Rewards are for reference. Members shall make no complaint if any difference is found. 26. Redemption of the Rewards must be completed on or before the specified date contained in promotional materials such as redemption letter or redemption voucher. Any Member who fails to do so for any reason will not be eligible for redemption of the Rewards concerned or for any substitution or replacement. For the avoidance of doubt, the points used in the redemption may not be returned or credited back to the Member notwithstanding that the Rewards redeemed has not been collected or utilized or in the case of vouchers, neither The Company will be responsible for the merchandise, products and services redeemable at or awarded by The Company through the use of the vouchers, or the operation of the redeemed / rewarded items / services or any damage, loss arising from usage of the redeemed / rewarded items. 27. All product warranties or enquiries on the gift redeemed / rewarded shall be referred to the original supplier or manufacturer directly. Any dispute concerning the gift / service (quality, function ability, safety, durability, suitability or otherwise) shall be settled between Member and the supplier or manufacturer concerned that supplied the redeemed / rewarded items. Except any limited warranty of the products specifically provided by the Company, the Company is not liable for any product warranty or safety issues nor for the quality or suitability of the same and will bear no responsibility for resolving such disputes on behalf of the Members with the supplier or manufacturer concerned. 28. The Company reserves the right, at its sole discretion, to discontinue an item or to substitute a similar item at any time without notice prior to that item being redeemed. The Company provides no guarantee that any particular Rewards will remain available for the entire term of the redemption period. 29. Members may request for a card replacement at Company’s particular partner’s customer service counter if the original card is lost/damaged. A fee of HK$20 will be charged for card replacement. Fees paid are not refundable. Termination of Membership Members may terminate their membership any time. If a member wishes to cancel his or her membership, please send an email to: cs@daydayfresh.com.hk or cancel at the Customer Services Counters in person at any our partners during business hours. Points in their member card will be forfeited immediately. Once the membership is cancelled, members are required to apply again if he/ she wish to re-join the membership scheme. General Terms & Conditions 30. The Company reserves the right to amend at its sole discretion the terms and conditions, membership tiers and Rewards or terminate, restrict, suspend, withdraw or otherwise alter the membership Rewards or the membership programme at any time without prior notice. Members could check with the latest version of the Terms and Conditions on our website. 31. If the Company suspects that any person, whether a Member or not, is abusing the Company membership system, including the Points, Rewards and the Programme, the Company shall have the right to suspend or refuse the accumulation of Points, redemption of gifts, Rewards or services, or participation in the Programme pending investigation of the matter in addition to those remedies available in law. The Company’s decision regarding the suspension or termination of membership shall be conclusive. 32. If the Company considers that, a Member has abused any of the Member’s rights, fails to comply with any of these terms and conditions or makes any misrepresentation to the Company, the Company shall have the right to suspend or to terminate the Member’s membership and revoke or forfeit all points that have been earned or redeemed by the Member and require the Member to account for the Rewards If there are any disputes, the Company’s determination shall be final and conclusive. Website T&C Trade Mark Notice The word DayDayFresh and日日食良Market logos are trademarks owned by Milesville Limited. Other names appearing on the website may be trademarks of their respective owners. Any unauthorized use or reproduction of the trademarks may amount to an infringement of the rights of Milesville Limited. Notice on Disclaimer, Copyright and Limitation of Liability 1. Application This notice applies to: • the use of daydayfresh.com.hk; • all information stored on or receivable through this or any other daydayfresh.com.hk server (“Information”); and • any goods or services offered, accessed or obtained through daydayfresh.com.hk, and markets managed by Milesville by you (“the User”). This notice limits the liability of daydayfresh.com.hk and its associated companies, subsidiaries, employees, agents, contractors and any third party Information provider (collectively “Milesville Limited”) in relation to any such use, Information, goods and services. 2. Copyright The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User’s responsibility to determine whether any such infringement (“Copyright Infringement”) will occur. 3. General Disclaimer Milesville Limited expressly disclaims any responsibility, representation or warranty: • in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, daydayfresh.com.hk or the Information; • in relation to any goods or services accessed, offered or obtained through daydayfresh.com.hk or pursuant to the Information; • that any access to daydayfresh.com.hk or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties; • that any access to daydayfresh.com.hk or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties; • for any error, omission or misstatement in or arising from the Information. Milesville Limited does not endorse or recommend any person, organization, name, product or service referred to in the Information, nor does the Information constitute Milesville Limited’s views or opinions. Milesville Limited will not be a party to any transaction between the User and any third person in any way relating to the Information or made through daydayfresh.com.hk unless and only to the extent expressly stated in writing otherwise. 4. Third Parties Websites Milesville Limited may contain materials produced by third parties or links to other websites. Milesville Limited accept no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to daydayfresh.com.hk) which are not under Milesville Limited’s direct control. Milesville Limited reserves the right to require the removal of any link from another website to daydayfresh.com.hk which is installed without obtaining the prior written consent of Milesville Limited. 5. Limitation of Liability Milesville Limited shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for: • any direct loss; • any consequential or indirect loss (including without limitation loss of revenue or profits); or • the User’s liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or daydayfresh.com.hk ‘s use. 6. Confidentiality Milesville Limited does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through daydayfresh,cin,hk. Milesville Limited’s current practice is to take reasonable steps to maintain confidentiality. 7. Availability and Suitability of Services Milesville Limited does not warrant that the information or materials contained in daydayfresh.com.hk are current or accurate or that any of the products or services featured on hdaydayfresh.com.hk are available. Milesville Limited may change the materials appearing on daydayfresh.com.hk at any time without notice. 8. Users Obligations In consideration of Milesville Limited allowing the User access to the Information and / or daydayfresh.com.hk, the User agrees: • not to carry out or allow any Copyright Infringement; • not to use the Information or the User’s access to daydayfresh.com.hk for any illegal, improper, obscene or defamatory purpose; • to take all steps to ensure the Information does not damage the User’s information or systems; • to ensure that all information which you provide to daydayfresh.com.hk is true and accurate to the best of your knowledge; • to Milesville Limited conducting research on access to the Information; • to all Milesville Limited disclaimers and limitations of liability set out in this notice; and • to Milesville Limited’s personal data policies current from time to time applying. 9. Indemnity User agrees to hold Milesville Limited harmless and indemnify Milesville Limited against all losses, damages, claim, demands, liabilities, costs (including legal costs), and expenses in connection with your use of daydayfresh.com.hk in breach of the terms and conditions herein or negligence. 10. Law and Severability Hong Kong law governs this notice, and each part of this notice shall apply to the extent permitted thereby. Any part of this notice which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of this notice nor affect the validity or enforceability of that part in any other jurisdiction. Where this disclaimer is available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions. |