Terms & Conditions of The Pacific Cup Card
The Perfect Cup Card (Loyalty Card)
- This Agreement is of immediate effect.
- This Agreement is a contract between the Holder of the Perfect Cup Card ("the Card Holder") and Pacific Coffee Company Limited ("PCC"), the issuer of the Card.
- This Agreement explains PCC's obligations to you as the Card Holder when applying for and using the Card.
- By using the Card, the Card Holder agrees to the terms of this Agreement.
Card Holder's Account:
- The Card can only be used in exchange for goods and to accumulate points in any of the PCC's coffeehouses in Hong Kong (except MTR Hung Hom Station coffeehouse). PCC reserves the right not to accept any Card if PCC reasonably believes that the use is unauthorized, fraudulent or otherwise unlawful.
- Unless otherwise required by law, no change or cash refund will be provided and no interest will be credited to the Card Holder by PCC.
- The Card cannot be exchanged or transferred.
- Only one Card can be used in each transaction.
Loading Value on the Card:
- A HK$200 first time preload value is required for card activation at any of the PCC's coffeehouses by credit card or cash. To add value to the Card for future consumption, a minimum of HK$100 or its multiples is required. The maximum stored value of the Card is HK$2,000. PCC may change the maximum and minimum amounts at any time by notifying the Card Holder at the point of sale or on PCC web site.
- The Card can be presented in full or partial payment for goods purchased at any of the PCC's coffeehouses.
- PCC coffee voucher cannot be converted into any value in the Card.
Check Balance/Expiry Date:
- The Card Holder can check the Card balance and expiry date at any of the PCC's coffeehouses, on PCC's website at www.pacificcoffee.com or by calling PCC on 8108 6500.
- The Card will expire 15 months after it has been activated or after 15 consecutive months of non-use. Unused amount and/or point balance shall be forfeited automatically upon the expiry date.
- The Card Holders are eligible to earn points for any product purchases settled by the Card cash balance, cash, credit cards or PCC Gift Cards.
- 1 point will be earned with every HK$1 spent at any of the PCC's coffeehouses.
- 20 points will be deducted from the Card in lieu of HK$1 for purchase of goods at any of the PCC's coffeehouses (e.g. HK$20 drink = 400 points)
- Maximum number of points to be accumulated on each Card is 100,000 points. Once the maximum amount is reached, no further points can be loaded on the Card until the points are redeemed.
- Points will be accumulated once the Card is being activated. However, points cannot be redeemed until the Card Holder registers online as a member.
- The Card Holder is able to check the accumulated points at any of the PCC's coffeehouses, at PCC's website at www.pacificcoffee.com or call PCC on 8108 6500.
- Point balances are updated every evening. Points accumulated during any given day will only be reflected in the system on the following day.
- Points have no monetary value and cannot be exchanged or redeemed in any way for cash. Points can be redeemed for purchase of goods at any PCC's coffeehouses.
- Once a redemption order has been processed, points will be deducted instantly and such redemption transaction cannot be changed, cancelled or refunded.
- To earn or redeem points at any of the PCC's coffeehouses, the Card must be presented at any of the PCC's coffeehouse.
- The latest point balance on your Card and any points earned/redeemed will be shown on your purchase receipts at any PCC's coffeehouses. Any questions relating to a particular transaction should be referred to the staff of the PCC's coffeehouses at the time of the relevant transaction.
- Points are personal to the individual Card Holder and cannot be transferred.
- Points are valid for a minimum of 12 months to a maximum 15 months i.e. Points earned within the first quarter of this year will expire at the end of the first quarter of the next year.
- Points settlement will be done quarterly:
31 March �V for points earned from 1 Jan to 31 March;
30 June �V for points earned from 1 April to 30 June;
30 September �V for points earned from 1 July to 30 September;
31 December �V for points earned from 1 October to 31 December.
- PCC is not responsible for any redemption after the expiry date.
- The Card Holder are eligible to earn points for any food, beverage and merchandise purchase except the following:
Using the Gift Card balance to reload the Card;
Using the Card balance to buy Gift Card;
Card value reload;
Using points to redeem products;
Any charitable item purchase or donations, unless otherwise specified;
Any voucher issued by PCC:;
Selected promotional item purchase;<.br>Administration fee for lost card or any other handling fee.
- Points accumulated are not redeemable for Gift Cards, Perfect Cup Cards or to reload the Card.
- Points accumulated are not redeemable for any charitable item or donation.
- Mixed payment (different payment method) is acceptable.
- The Card Holder is required to present the Card prior to the completion of transaction. PCC will not honor any point accumulation request once the transaction is completed.
- Registered members are entitled to earn double points for any purchase made on their birthday as registered on the PCC website.
- Registered members whose birthday fall onto 29 February will be rewarded with double points for any purchase on 28 February, or on both 28 February and 29 February if there is 29 February in the year.
Cancellation of the Card
- No refund for any Card cancellation. PCC will deactivate the Card upon receiving Card cancellation request.
Replacement of the Card
- PCC is not responsible for any transaction effected and charge incurred with the loss of the Card.
- PCC is not responsible for any unauthorized transaction associated with the Card.
- To protect Card Holders against loss and damage, PCC will issue a replacement Card with the balance remaining on it at PCC's discretion with an administration fee of HK$50 if the Card Holder has registered with PCC. PCC will deactivate the lost card and replace it with a new one upon receiving a written or verbal request by the Card Holder. To register the Card, please visit PCC web site at www.pacificcoffee.com. PCC will, however, not be liable for any unregistered lost and damaged Cards.
- The Card balance is only protected starting from the point in time the Card Holder notifies PCC that the Card is missing. PCC will freeze the remaining balance on the Card at the time the Card Holder notifies PCC and will load that remaining balance on the replacement Card (The maximum amounts of Cash Balance and Point Balance to be reloaded are HK$2,000 and 100,000 points respectively).
- In determining the remaining amount of points to be transferred to the replacement Card, the records held by PCC shall be treated as conclusive evidence of the amount of the remaining points except for any manifest error on PCC's part.
- The recovered points will only be transferred into the replacement Card if the Card Holder agrees to obtain a replacement Card. If the Card Holder does not obtain a replacement Card for his/her own use, the Card will be closed and the points will be forfeited.
- PCC requires at least 7 working days for the Card replacement.
Billing Errors, Corrections
- PCC reserves the right to correct the balance of the Card if PCC believes that a clerical, billing or accounting error has occurred. If the Card Holder have any questions regarding transaction history or any such correction, or if the Card Holder disputes any transaction or correction that has been assessed against the Card, please call PCC on 8108 6500. PCC will conduct an investigation and communicate the results and correct any error that PCC verifies as soon as PCC finishes the investigation. If no error is found, PCC will provide an explanation. PCC shall have no liability for any billing error unless the Card Holder provides PCC notice within sixty (60) days of the date of the transaction in question. The Card Holder should monitor the transactions and account balances closely.
Changes to this Agreement
- Use of the Card constitutes the Card Holder's acknowledgement of and the agreement to abide by the terms and conditions set forth in this Agreement.
- PCC reserves the right to amend the terms and conditions at its discretion, including any rights or obligations the Card Holder or PCC may have without prior notice.
- As permitted by applicable law, any change, addition or deletion will become effective at the time PCC posts the revised agreement to its website. Unless PCC states otherwise, the change, addition or deletion will apply to the Card Holder's further and existing Cards.
- PCC may suspend or terminate this Agreement or revoke or limit any or all of the rights and privileges granted to the Card Holder at any time without notice or liability. Termination may result from the Card Holder's fraudulent or unauthorized use of the Card. If PCC terminates this Agreement without cause, PCC will refund the balance held in the Card account less any amounts that the Card Holder may owe to PCC.
The Card Holder agrees to indemnify PCC against all actions, proceedings, liabilities, claims, loss, damages and reasonable costs and expenses which may be taken against PCC or which PCC may suffer, sustain or incur (as the case be) in respect of the Card unless the same were caused by any manifest error on PCC's part.
Disclaimers and Limits of Liability
- PCC and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. PCC does not represent or warrant that the Card will always be accessible or accepted.
- In the event that PCC or its affiliates are found liable to the Card Holder, the Card Holder shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on the Card. PCC and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if PCC or its authorized representatives have been advised of the possibility of such damages.
- In no event shall PCC or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of the Card through accident, misuse, or fraudulent means or devices by the Card Holder or any third party, or as a result of any delay or mistake resulting from any circumstances beyond PCC's control.
Notice to the Card Holder relating to the Personal Data (Privacy) Ordinance ("the Ordinance"):
- It is necessary for each of the Card Holder to provide his/her personal data to PCC from time to time in connection with obtaining or continuing to use the Card.
- If the Card Holder is unable or unwilling to provide such correct data, PCC may be unable to provide the Card Holder with the service.
- Each of the Card Holder agrees that his/her personal data provided to PCC relating to the Card may be used for the following purposes:-
(a) processing the application for the Card;
(b) verifying any information and records relating to the Card Holder;
(c) enforcing and exercising PCC's rights under this Agreement;
(d) the normal management, operation and the maintenance of the Card system, including audit;
(e) designing new or improving existing services provided by PCC, PCC's subsidiaries and affiliates (i.e. any other entity which directly or indirectly controls PCC, is controlled by PCC, or is under common control with PCC) for customer's use;
(f) marketing of goods and/or services by PCC, PCC's subsidiaries and affiliates or any of PCC's selected business partners;
(g) communication from PCC to the Card Holder;
(h) investigation of complaints, suspicious transactions and research for service improvement;
(i) prevention or detection of crime;
(j) disclosure as required by law; and
(k) other related purposes.
- Data held by PCC relating to the Card Holder is kept confidential by PCC, but each of the Card Holder agrees that for the purposes set out in the above clause, PCC may transfer or disclose such information to the following parties (whether within or outside the Hong Kong Special Administrative Region):
(a) any relevant service providers under a duty of confidentiality to PCC;
(b) any agent, contractor or third party service provider (under a duty of confidentiality to PCC) who provides administrative, telecommunications, computer, payment, data processing or other services in connection with the operation of PCC's business;
(c) any other person under a duty of confidentiality to PCC including PCC's subsidiaries, affiliates or business partners; and
(d) any person to whom PCC, our subsidiaries, affiliates or business partners in (c) above, is under a binding obligation to make disclosure under the requirements of any law, rule and regulation, including those of countries outside of Hong Kong for data transferred to those countries, but such disclosure will only be made under proper author
- Each of the Card Holder has the right to:
(a) check whether PCC holds data about the Card Holder and have access to that data;
(b) require PCC to correct any data relating to the Card Holder which is inaccurate;
(c) ascertain PCC's policies and practices in relation to personal data and to be informed of the kind of personal data held by PCC; and
(d) request PCC not to use the personal data of the Card Holder for direct marketing purposes, which PCC will cease to do at no cost to the Card Holder.
- PCC reserves the right to charge the Card Holder a reasonable fee for processing any request for access to his/her personal data.
- Any request for access to data or correction of data or for information regarding our policies and practices and kinds of data held by PCC should be made in writing addressed to:
Pacific Coffee Company Ltd.
7/F Hollywood Centre, 233 Hollywood Road, Sheung Wan, Hong Kong
- If Card Holder does not want to receive marketing materials from PCC in the future, Card Holder may write to PCC at the above address or call PCC on 8108 6500.
- Nothing in this Notice shall limit the rights of the Card Holder under the Ordinance.
- PCC may assign all or part of its rights or obligations under this Agreement without notice to the Card Holder provided that PCC complies with all applicable laws, regulations in respect of such assignment, PCC shall be released from all liability.
- This Agreement shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China.
- This Agreement is the complete and exclusive statement of agreement between the Card Holder and PCC, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this Agreement.
- Should there be any dispute, PCC reserves the right of final decision.
English Version Prevails
- The Chinese translation is provided for reference only. In case of any discrepancy between the English and Chinese versions, the former shall prevail.
Inquiries or Questions
- If the Card Holder has any questions regarding this Agreement or the Card, please call PCC on 8108 6500.