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Terms & Conditions for Clicks Passes

 

1. Introduction

Please read these terms of use (“Terms”) carefully before accessing and/or using the Platform and/or Service. These Terms govern your rights and obligations regarding the use of MORE CLICKS Beauty Pass and SSW Clicks Active Pass (“Pass / Passes”) and the access and/or use Reach Gain Limited’s website, mobile application or any Internet service (collectively referred to as “Platform”) under Reach Gain Limited’s control or ownership. These Terms constitute a legally binding agreement between Reach Gain Limited (“Platform / Service Provider”) (including all its affiliates, related and/or associated companies) (these entities are collectively referred to as “RGL”, “we”, “us” or “our”), the proprietor of all rights in and to the Service, and you, the user of the Pass (“Pass Owner”).

1.1. RGL provides Passes for you to book a variety of fitness, beauty and wellness activities at participating outlets (collectively referred to as “Activities” and the parties providing such Activities are referred to as “Activity Providers”) in their city (“Service”).

1.2. RGL is a company that provides the Pass and/or Service but not the Activities. The Service enables you to reserve and join Activities offered by the Activity Providers. It is up to the Activity Providers to offer their Activities to you and it is up to the user of the Pass to accept such Activities. The Platform and/or Service provided by RGL is to connect you with such Activity Providers but it does not nor is it intended to provide any of the Activities or any act that can be construed in any way as an act of providing the Activities.

1.3. By accessing, browsing, downloading and/or using the Pass and/or Service, you acknowledge that you agree to comply with and be bound by these Terms, as amended from time to time. If you disagree with any part of these Terms, you must immediately discontinue your access and/or use of the Pass and/or Service.

1.4. We may revise or update these Terms at any time by posting a revised/an updated version on the Platform. Unless stated otherwise, any revision or update takes effect immediately. Your continued access and/or use of the Pass and/or Service after a revision or update to these Terms constitute your binding acceptance of the revised or updated Terms.

1.5. We may change or update the Pass and/or Service and any information on the Pass and/or Service at any time without notice to you or liability to us. We may also suspend, discontinue, or restrict access to, the Pass and/or Service temporarily or permanently at any time without notice to you or liability to us.

1.6. Headings are inserted for convenience and shall not affect the interpretation of these Terms.


    2. Membership Account

    2.1. Setting up membership account: You must be at or over 18 years-old and provide accurate, complete, and up-to-date personal information (including but not limited to your full name, email address, and mobile phone number). An activation email will be sent to your specified email address to activate your account.

    2.2. If you do not receive any activation email, please send email to clickspass@nmg.com.hk for further assistance.

    2.3. By signing up for an Account with us or using the Platform and/or Service, you permit us to collect, store, retain and use any and all personal data about you in accordance with our Privacy Policy. The Privacy Policy is incorporated as part of these Terms by reference. Please read the Privacy Policy carefully for information relating to RGL’s practices regarding the collection, use, disclosure and transfer of your personal data. You agree to maintain accurate, complete and up-to-date personal data in your Account. Your failure to maintain accurate, complete and up-to-date personal data (including having an invalid or expired Payment Method) may result in your inability to access and use the Platform and/or Service. In certain instances you may be asked to provide proof of identity by us and/or our Activity Providers to access or use the Service/Activity and you agree that you may be denied access to or use of the Service/Activity if you refuse or fail to provide proof of identity.

      3. Pass Information

      3.1. Along with your purchase confirmation email, a link to an online form will be sent out for you to select certain activities per pass (“Eligible Activities”). You are required to fill in and submit to RGL at your earliest convenience. You might be required to call the Activity Providers to reserve each of your Activities 2 workings days after you submit the form and in at least 2 working days in advance of your Activity.

      3.2. Please read the description of each Activity Provider carefully before reserving your Activity.

      3.3. Usage period:
        (a) MORE CLICKS Beauty Pass: 14 January to 12 April, 2019.
        (b) SSW Clicks Active Pass: 26 February to 31 July, 2019.

        3.4. You are not allowed to transfer, share or give your Eligible Activities to third parties, including other Pass Owners.

        3.5. Pass start date: Your Pass starts on the date on which you submit payment via a current, valid and accepted Payment Method. Please note that any Eligible Activities not used during the usage periods are forfeited and will not be exercisable after the usage period.

        3.6. Activity Providers’’ charges: Your Pass only covers your access to the Activities listed on the Platform. Some of the Activity Providers may also charge equipment, amenity or other service fees that are not included in their regular activity fees or offer other promotions or add-ons and you are responsible for such charges. Please read the description of each Activity Provider carefully before reserving your Activity.

          4. Purchasing and Payment

          4.1. Payment Method: You must provide us with a current, valid and accepted payment method (as may be updated from time to time, “Payment Method”) to purchase the Pass. We use third party payment service providers to facilitate your Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreement between you and your financial institution, credit/debit card issuer or other provider of your selected Payment Method. We disclaim all liabilities associated with the security of the Payment Method. You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer or other provider of your selected Payment Method.

          4.2. No refunds: Purchases are not refundable and we will not refund or credit for any partially used or unused Eligible Activities unless you provide credible evidence to us to prove that you have been wrongly billed or such other circumstances on a “case to case” basis as we may decide in our sole and absolute discretion.

            5. Your Obligations

            5.1. You must provide accurate, complete, and up-to-date personal information (including but not limited to your full name, email address, mobile phone number) when setting up your membership account, as they will be used for follow-up service procedures.

            5.2. You are encouraged to fill in the after-service review form to give us feedback after each activity. The after-service review form will be sent to your mobile phone number via WhatsApp after activities.

            5.3. You are solely responsible for your own internet connection/telecommunication charges incurred for accessing and connecting to the Platform and the Activity Providers.

            5.4. You may save an electronic copy or print out a copy of the materials regarding the Pass and the Platform, solely for your own personal and non-commercial use. All copies that you make must be in the form as presented originally and must include all applicable copyright and other notices on the Platform. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or for any commercial use.

            5.5. You must comply at all times with any instructions for use of the Pass and/or Service which we make from time to time.

            5.6. You must keep your username and/or login password secure and:
              (a) not permit any other person to use your username and/or login password, including not disclosing or providing it to any other person; and
              (b) immediately notify us if you become aware of any unauthorised use or disclosure of your username and/or login password, by sending an email to clickspass@nmg.com.hk.

              5.7. You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. Prior to participating in any of the Activities, you should seek the advice of your doctor or other qualified healthcare professional if you have any concerns or questions about your health. By using the Service and/or joining the Activity, you acknowledge and agree that your participation in any of the Activities offered by our Activity Providers is entirely at your own risk and you shall have no recourse whatsoever against us and our Activity Providers.

              5.8. You must not:
                (a) act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, network, data or personal data stored on the Platform;
                (b) use the Platform in any manner that could damage, disable, overburden or impair any of our server, or the networks connected to our server, or interfere with any other party’s access and use of the Platform;
                (c) attempt to gain unauthorised access to the Platform, other Pass Owners’ Accounts, computer systems or networks connected to our server, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
                (d) obtain, or attempt to obtain, any information through any means not intentionally made available on or through the Platform;
                (e) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform;
                (f) license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
                (g) modify or create a derivative work based on the materials on the Platform, nor decompile, decipher, reverse-engineer or disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Platform; or copy any ideas, features, functions or graphics of the Platform;
                (h) link to, mirror or frame any portion of the Platform;
                (i) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform;
                (j) intentionally or unintentionally cause or attempt to cause physical or property damage or harm to any Pass Owners or Activity Providers; and/or
                (k) permit third parties (including other Pass Owners) to use any Activities reserved under your Pass.

                5.9. You hereby agree to indemnify and hold us, our Activity Providers, and each of our and their respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against all losses, damages, claims, liabilities, expenses or costs that arise from or in connection with:

                (a) your access and/or use of the Platform and/or Service;
                (b) your breach of any of these Terms or any applicable law or regulation;
                (c) your dealing with the Activity Providers, including your breach of any terms set by the Activity Providers or the rights of any third party, including the Activity Providers;
                (d) any other party's access and/or use of the Platform and/or Service using your username and/or login password; and/or
                (e) any other party's breach of any of these Terms where such party was able to access and/or use the Platform and/or Service using your username and/or login password.

                5.10. Any rights relating to the use of the Platform and/or Service not expressly granted herein are reserved and no license or right is granted to you by implication, estoppel or otherwise.

                6. Intellectual Property

                6.1. We are the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Platform (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information or content made available on or through the Platform.

                6.2. We grant you, subject to these Terms, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Platform and/or Service for your own personal and non-commercial use. This license is revocable at any time without notice to you or liability to us. All rights not expressly granted to you are reserved by us.

                6.3. The terms “ MORE CLICKS Beauty Pass / SSW Clicks Active Pass” and our logo are our trademarks, trade names and service marks. Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the marks “ MORE CLICKS Beauty Pass / SSW Clicks Active Pass”.

                6.4. All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.

                7. Disclaimer

                7.1. While we endeavour to ensure that the information and materials on the Platform and/or Service are correct, no representation, warranty or guarantee, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The information and materials on the Platform and/or the quality of the Service are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied.

                7.2. The quantity of Passes provided is on a first-come-first-serve basis with a limited number.

                7.3. Whilst we endeavour to make the Platform available 24 hours a day, we shall not be liable if for any reason the Platform is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Platform will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

                7.4. To the extent permitted by law, we and our licensors hereby disclaim all warranties, express or implied, statutory or otherwise, in respect of the Platform and/or Service and we and our licensors have no liability or responsibility to you or any other person (even if we have been advised as to the possibility) for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with:

                (a) the Platform and/or Service being unavailable (in whole or in part), interrupted or performing slowly;
                (b) any error in, or omission from, any information made available through the Platform and/or Service;
                (c) any other party's access and/or use of the Platform and/or Service using your username and/or login password;
                (d) any exposure to malicious software including but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful forms of interference which may damage your computer system, mobile device, software, data or other property or expose you to fraud when you access or use the Platform and/or Service. To avoid doubt, you are responsible for ensuring the process by which you access and use the Platform and/or Service protects you from this; and/or
                (e) any site linked from the Platform and/or Service. Any link on the Platform and/or Service to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators

                7.5. We make no representation, warranty or guarantee:
                  (a) that the Platform and/or Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Platform and/or Service is not illegal or prohibited, and for your own compliance with applicable local laws;
                  (b) that the Platform and/or Service will be compatible with all hardware, software and operating system which you may use;
                  (c) about the accuracy, reliability, suitability, completeness or timeliness of the Platform and/or Service or of any information from the Activity Providers, such as locations and descriptions; and/or
                  (d) about the quality, suitability, safety or ability of the Activity Providers’ services.

                  7.6. We are not responsible nor liable for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, cost or expense, whether in contract, tort (including negligence, injuries or other health or medical problems), that you may suffer or incur as a result of or in connection with the acts, omissions and/or negligence of any Activity Providers who provides the Activities to you.

                    8. Exclusion of Liability

                    8.1. Your access and use of the Platform and/or Service is entirely at your own risk; and

                    8.2. we, our respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives are not liable or responsible to you or any other person for any direct, indirect or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with these Terms, the Platform and/or Service, or your access and use of (or inability to access or use) the Platform and/or Service.

                      9. Complains

                      9.1. You understand and accept that RGL is not the supplier of the Activities provided by the Activities Providers. RGL shall bear no liability relating to any aspect of the Activities, including without limitation, their quality, the supply, the descriptions of products and/or services provided by the Activities Providers, any false trade description, misrepresentation, mis-statement, omission, unauthorized representation, unfair trade practices or conduct in connection with the promotion of the offer(s) or in making available the offer(s) or the products and/or services under this Platform, by the Activities Providers, their employees, officers or agents. In an event of a dispute with the Activity Provider, we will help to our best extent, within the Terms of Use to mediate and resolve the dispute. We are not a party to any agreement, dealing or transaction entered into between you and the Activity Provider, whether as a result, directly or indirectly, from using the Service and we disclaim any and all responsibilities and/or liabilities arising from such agreement between you and the Activity Provider.

                      9.2. If a dispute arises between you and RGL, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and RGL at this moment agree that we will resolve any claim or controversy at law or equity that arises out of the Terms of Use or Platform and/or Service in agreement with this section or as you and we otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we firmly encourage you to first to contact us directly to seek a resolution via email at clickspass@nmg.com.hk or via WhatsApp at +852-98281059. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

                      9.3. Our postal address is 9/F., New Media Tower, No. 82 Hung To Road, Kwun Tong, Kowloon, Hong Kong. Our email address is clickspass@nmg.com.hk; and our WhatsApp is +852-98281059.

                      10. Suspension and Termination

                      10.1. We reserve the right, in our absolute discretion, to monitor any and all access and use of the Platform and/or Service.

                      10.2. Without prejudice to any other right or remedy available to us, if we consider that you have breached any of these Terms or we otherwise consider it appropriate, we may immediately, and without notice to you or liability to us, suspend or terminate your Account and access to the Platform and/or Service (or any part of it) without compensation to you and we may block access from a particular Internet protocol address to the Platform and/or Service (or any part of it) in the event of any breach of these Terms. In addition, we reserve the right to seek all remedies available under these Terms, at law and in equity for breach of these Terms.

                      10.3. On suspension or termination of your Account, you must immediately cease using the Platform and/or Service and must not attempt to gain further access.

                        11. Survival of Terms

                        Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5, 6, 7, 10, and 11, continue in force.

                        12. Governing Law and Jurisdiction

                        This Agreement shall be governed by the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of the courts of Hong Kong for the purpose of resolving any dispute or claim arising out of or in connection with this Agreement.


                        Last updated on 19 February 2019.

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