Terms of Usage (Website and Application)
You’re welcome to install, use and/or register as a member at www.pacificcoffee.com ("Website") and/or Apple or Android Application (“Application”) of Pacific Coffee Company Limited ("PCC", “we”, “us”), together as “Online Services”. Please read the following Terms of Usage of these Online Services ("these Terms of Usage") carefully. Your usage and/or installation of these Online Services mean(s) that you have accepted these Terms of Usage. If you are unwilling to be bound by these Terms of Usage, please do not use any of these Online Services.
When you use these Online Services to register as a member, after you have completed the form and press the button "next", it indicates that you have read and understood Terms and Conditions of PCC Membership Program (“The Perfect Cup Card” or the “Card”) and agreed to be bound by them.
PCC reserves the right to change or modify the contents of these Online Services at any time and has the right to unilaterally change these Terms of Usage without notification. You should regularly visit these Online Services to find out whether these Terms of Usage that are binding have been revised, as your continued use of these Online Services indicates your acceptance of any change to these Terms of Usage. "You", "your", and "users" refer to any person and/or entity that accesses these Online Services for any reason.
1. Description of services
Website provides information and services about us, The Perfect Cup Card account, Products and Services, Latest News, Contact Us, Store Location, Career, Online Shopping, Franchise and Coffee Solutions.
This Application provides information and services about us, The Perfect Cup Card account, Latest News, Online Shopping, Store Location, Special Offerings, Notifications, QR Reader and Contact Us. This Application shall mean the software provided by PCC to offer services related to PCC to be used on Apple iOS and Android devices, any upgrades from time to time and any other software or documentation which enables the use of this Application. This Application allows you to access certain functionality available on www.pacificcoffee.com. Such access will be governed by these Terms of Usage.
This Application is available to handheld mobile devices running Apple iOS or Android Operating Systems. PCC will use reasonable efforts to make this Application available at all times. However you acknowledge that this Application is provided over the internet and mobile networks and so the quality and availability of this Application may be affected by factors outside PCC’s reasonable control. PCC, its group of companies and sub-contractors do not have any responsibility whatsoever for unavailability of this Application, or any difficulty or inability to download or access content or any other communication system failure which may result in this Application being unavailable.
2. Conditions of Use
All the information contained within these Online Services is for reference, interaction and purchase only. It is for individual use only and should not be used for commercial purposes. For these Online Services, you will not, nor allow third parties on your behalf to:
(i) make and distribute copies;
(ii) in any way, disseminate, announce, spread, revise, display or sell any of the contents of or the products described;
(iii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate; or create derivative works of any kind whatsoever.
You agree to indemnify PCC against any of your unauthorized use of any material from these Online Services, defend PCC and prevent PCC from any harm. You agree that your unauthorized use of the contents of these Online Services may result in irredeemable losses to PCC and in the event of your unauthorized use, PCC has the right to apply for a restraining order in addition to any other remedies under common law or equity.
PCC reserves the right to amend or withdraw this Application, or charge for this Application or service provided to you in accordance with these Terms of Usage, at any time and for any reason. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using this Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing this Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
3. Terms and conditions of the Perfect Cup Card
- This Agreement is of immediate effect.
- This Agreement is a contract between the Holder of the Perfect Cup Card ("the Card Holder") and 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.
3.2 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 Hung Hom MTR station). 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.
3.3 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 website.
- 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.
3.4 Check Balance/Expiry Date:
- The registered 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.
3.5 Reward Scheme
- 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 at PCC Hong Kong outlets, except Hung Hom MTR Station.
- 1 loyalty point will be earned with every HK$1 spent at any of the PCC's coffeehouses.
- 20 loyalty 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 loyalty points)
- Maximum number of loyalty 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 registered Card Holder is able to check the accumulated points at any of the PCC's coffeehouses, PCC's website (pacificcoffee.com), Pacific Coffee Hong Kong mobile app 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 at 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 in the coming year for points earned from 1 Jan to 31 March;
30 June in the coming year for points earned from 1 April to 30 June;
30 September in the coming year for points earned from 1 July to 30 September;
31 December in the coming year 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, consignment items, coffee machines, and 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 methods) 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 are entitled to redeem one tall size handcrafted beverage or one dessert item on their birthday month.
- If members have altered their birthday in the membership system, the birthday offers can only be redeemed in the next year.
3.6 Cancellation of the Card
- No refund for any Card cancellation. PCC will deactivate the Card upon receiving Card cancellation request within 3 working days. This action is irrevocable.
3.7 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 website 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 7-14 working days for the Card replacement.
3.8 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 has 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 or email to firstname.lastname@example.org. 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.
3.9 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 minus any amount 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.
3.12 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.
3.13 Governing Law
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.
3.14 Entire Agreement
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. The Chinese translation is provided for reference only. In case of any discrepancy between the English and Chinese versions, the former shall prevail. If the Card Holder has any questions regarding this Agreement or the Card, please call PCC on 8108 6500.
4. Online shopping
4.1 Terms of Order
Offer or products listed in online shopping store are not necessarily available at PCC outlets. Loyalty point accumulation is available for purchase at the Application, but not at the Website. Loyalty points can be used as a payment method for purchases at the Application but not the Website. Offered goods are on a first-come first-served basis while stocks last.
4.2 Terms of Payment
We accept credit card payment via the MasterCard Internet Gateway Service for VISA card and MasterCard.
We accept loyalty cash, loyalty points and credit card payment via the MasterCard Internet Gateway Service for VISA card and MasterCard.
4.3 Terms of Delivery and Usage
4.3.1 Physical Cards purchase through Website
The approximate lead time of delivery within Hong Kong is 2 – 4 working days. All title and risk of loss and damage of products will be borne by you once the order is dispatched by PCC. PCC is not liable to any taxes or duties of your purchased products. To continue placement of your order, you agree to the terms and conditions herein and agree to be responsible for any risk of loss, damage, taxes or duties.
4.3.2 Coffee Solutions by Pacific Coffee
You’re welcome to use and/or register as a member at https://eshop-coffeesolutions.pacificcoffee.com of Pacific Coffee Company Limited / Coffee Solutions by Pacific Coffee to make purchases. For a full list of the Terms & Conditions of our Coffee Solutions Online Shop, please visit: https://eshop-coffeesolutions.pacificcoffee.com/our-policies/terms-and-conditions
4.3.3 E-voucher purchased through the Application
An e-voucher comprising a QR code will be added immediately under “Gift -> All orders” at the Application per every handcrafted beverage purchased. For the Perfect Cup Card members who have logged in at the Application before the purchase any handcrafted beverage, the e-voucher will be stored at your Perfect Cup Card account; while for e-vouchers purchased by non-members or those who have not logged in, they will be stored at the Apple iOS or Android device you are using right now. They will however be automatically be transferred to the Perfect Cup Card account at your next log in using the same device. Any e-voucher can be redeemed at any PCC Hong Kong outlets except the Asia World Expo and Hung Hom MTR Station before its stated expiry.
4.3.4 Terms and conditions of e-voucher
E-voucher is valid for 3 months upon the date of purchase. The expiry date is non-extendable. The e-voucher entitles the holder to redeem the stated handcrafted beverage of the same size. All e-vouchers and redeemed drinks are non-refundable and non-exchangeable. However, the e-voucher holder can choose to redeem another handcrafted beverage of the same value. If the value of the purchased e-voucher is lower than the desired beverage, the e-voucher holder is required to pay the difference at the point of redemption. If the value of the purchased e-voucher is higher than the desired beverage for redemption, PCC will not return the difference. E-voucher is redeemable at any PCC in Hong Kong except Asia World Expo and Hung Hom MTR Station. E-voucher cannot be exchanged for cash or its equivalent. E-voucher cannot be used in conjunction with any other promotions or privileges. You must use the QR code to redeem the beverage, and the code is valid for one-time use only. PCC Co. Ltd. reserves the right of final decision in case of disputes.
4.4 Exchange Policy for purchase via Website
Our physical cards are all checked before dispatch. In case you receive any incorrect items from us from the purchase via Website, please contact us for goods exchange by following return procedures without extra delivery charge as stated below:
- Write to us regarding the condition of the goods with photos, email receipts and delivery notes to email@example.com within 7 days upon receipt of goods.
- Upon receiving confirmation from us, pack the returned products along with our acknowledgement email securely in a box.
- Send the returning items by registered mail to: PCC, 7/F Hollywood Centre, 233 Hollywood Road, Sheung Wan, Hong Kong.
- All return shipping fee must be prepaid. We do not accept cash on delivery returns. The condition of the goods will be verified prior to any exchange. All exchange requests must be sent to PCC within 7 days upon receipt of goods.
4.5 Refund Policy
All items are non-refundable when purchased via any of our Online Services. In case the product is out of stock, PCC will fully refund the value of the product and the delivery charge within 7 days upon successful payment.
PCC accepts online submission of resumes and employment related information. Please note data (including Personal Data) collected through the online recruitment process will only be used to confirm and assess the possibility of employment, and for any related use as stated on the recruitment webpage.
PCC retains the personal data of unsuccessful applicants no more than 6 months for future recruitment purposes. Under the Personal Data (Privacy) Ordinance, you have a right to request access to, and to request correction of, your personal data in relation to your application. If you wish to exercise these rights, please contact our Human Resources Department by email to firstname.lastname@example.org for further action.
6. Promotional activities
PCC will periodically carry out promotional activities on these Online Services. If the promotional activity involves winning or accumulating points or other rewards, PCC will be the final arbitrator of the total number of points awarded according to its records and you shall not dispute such decision.
7. Underage persons
If you are under 18 or considered as underage by law or do not have the ability to make a contract or are unable to bear any legal responsibility, and when using these Online Services give rise to legal obligations or responsibilities, you should not provide any personal information described in these Terms of Usage and will not be allowed to use these Online Services. If you want to enter and browse these Online Services, you must seek the approval of your parent or guardian regarding the legal implications of these Terms of Usage and the consequences that entail. PCC assumes that all users of these Online Services are of legal age. PCC is not obliged to check your age but if it is found that any user is underage, PCC reserves the right to take action against such user or his/her parents/guardian including cancelling your membership registration or refusing your access to these Online Services.
8. Use of materials
The contents of these Online Services, including text, diagrams, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials and all the materials of these Online Services (including the collection, arrangement and compilation of such materials) ("Materials") are protected by copyright law, trade mark law and other applicable laws. All Materials are the exclusive property of PCC or website content provider of PCC or its clients. Unauthorized use of any Materials is an infringing act under the copyright law, the trade mark law or other applicable laws. Without any prior written permission from PCC, you shall not, for any public or commercial purpose, sell or modify the Materials, copy, reproduce, re-issue, upload, download, publish, transmit, display, publicly implement, issue the Materials in any way, store the Materials in the retrieval system or use it in any other way.
9. Legal use of Website and Application
You can only use these Online Services for legal purposes and cannot use these Online Services to, in any way, infringe the intellectual property rights of any other person or invade the privacy of other users or acquire their identities or any other personal details, or damage any part of these Online Services, the Materials and/or products provided in these Online Services. You have the responsibility to judge whether any of your actions will infringe the rights as described above.
You shall not, in any way, change any Materials or product provided in these Online Services and shall not interfere with the operation of these Online Services in any way, including but not limited to, transmitting software viruses or transmitting any computer code or message designed to shut down, interfere with or change the operation of these Online Services. You shall also not use these Online Services or other method to collect details of other users. Without express permission from PCC, these Online Services or any part thereof shall not be reproduced, copied, printed, sold, transferred or used for any commercial purposes.
10. Limitation of liability
There may be incorrect material or typesetting errors in these Online Services. PCC does not give any implied or non-expressed guarantee and does not guarantee the correctness, reliability, completeness or timeliness of any material of these Online Services. PCC does not accept any liability for the contents of other websites or anything uploaded on these Online Services or linked to these Online Services, including but not limited to any fallacies, errors, omissions, infringements, libel, lies or any other material or omission that is likely to be illegal or gives rise to a claim or complaint. You will be responsible for any consequences resulting from use of these Online Services or its links. These websites are likely to change at any time or change periodically, so please check related materials regularly.
PCC does not guarantee the following: these Online Services will be totally free of errors now and in the future, these Online Services and its server will always be free of computer viruses or other harmful function, that any shortcoming will be corrected or that these Online Services is timely, safe and will not be discontinued. If your use of these website material results in the need to repair or renew equipment or data, PCC accepts no liability for any resulting expenses. For any damage or injury, regardless of direct or indirect breach of contract, infringement, negligence or any factor (including but not limited to, accidental damage, indirect damage, loss of profit, or damage resulting from the loss of data or business termination), arising from use or inability to use the materials of these websites, or implementation failure, error, omission, discontinuation, deletion, shortcoming, delay in operation or transmission, computer virus, communication cable malfunction, interception of online communication, soft or hard ware problem (including but not only loss of data or compatibility problems), theft or resulting from damage or changes to the websites whether or not a result of the use of these Online Services or uploading or downloading of these Online Services’s data, text, images or other materials or data, and regardless of whether PCC has been notified of the likelihood of such damage, PCC and any third party mentioned on these Online Services shall not, within the legally allowed scope, bear any liability.
In the event of any compensation claim, program, damage compensation, injury, debt, loss, costs and expenditure (including reasonable legal costs and expenditure) arising from the user's infringement of these Terms of Usage or illegal behavior, the user agrees to compensate PCC and its affiliates, related companies, associated companies, senior employees, agents, joint brand owners or other partners and employees, defend them and prevent them from loss.
12. Interpretation of Agreement
Clause headings and examples are provided for reference purposes only to assist in understanding these Terms of Usage. They are not intended to define, or limit the scope or extent of any clause.
13. No waiver
PCC’s failure or delay in exercising any right or power under this Agreement shall not in any circumstances impair any right or power nor operate as a waiver of it.
PCC may assign its rights and obligations under this Agreement. You may not assign your rights and obligations under this Agreement.
If any single provision or number of provisions in these Terms of Usage, or any one or number of provision of these provisions and conditions when cited, in any situation, is in any respect, for any reason, judged to be invalid, illegal or unenforceable, the effectiveness, legality and enforceability of the provision or condition in any other respect, and the effectiveness, legality or enforceability of the remaining provisions of these provisions and conditions, will not be affected in any respect.
16. Applicable law
These Terms of Usage shall be interpreted according to the laws of Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and be governed by Hong Kong laws. You agree to submit to the jurisdiction of Hong Kong courts for any disagreement, dispute or claim between PCC and you.
If you wish to contact PCC for matters regarding this website or this Application or these Terms of Usage, please send your written request to the following address:
Address: Pacific Coffee Company Limited
14/F Hollywood Centre, 233 Hollywood Road, Sheung Wan