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KABU PASS Membership Rewards Program Terms & Conditions

  

Thank you for participating in the KABU PASS Membership Rewards Program (the “Program”), which consists of the New Membership Scheme (the “New Scheme”) and the Old Membership Scheme (the “Old Scheme”). The Program are owned, operated and provided services to members of the Program (collectively the “Member(s)”) by Kabushikigaisha Limited (“We” or “us” or “our Company”) through our “KABU PASS Mobile Application” (“KABU PASS APP”). By registering as a Member, you hereby confirm that you have read and understood the Terms and Conditions (the “Terms”) set out herein below, and agree to be bound by the Terms.

 

A. Effective Date and Application

 

A.1 The Terms will take effect during the membership period of the Program.

A.2 The Terms form a binding agreement between you as Member, and our Company, and are applicable to all branches under the specified brands of our Company (“Our Branches”), including Gyu-Kaku Japanese Yakiniku Restaurant, Gyu-Kaku Buffet, Gyu-Kaku Jinan-Bou, On-Yasai, Mou Mou Club, Mou Mou Motto, HAP Taiwanese Hotpot, Peace Cuisine, Wing Wah AllDay and THE MATCHA TOKYO, unless otherwise specified. 

A.3 Members shall download KABU PASS APP to enjoy member privileges.

 

B. Membership Registration

 

B.1 Only those who download the KABU PASS APP and complete the registration and verification process via eligible valid mobile phone number can become a Member.

B.2 Each mobile phone number can only be used to register one KABU PASS membership.

B.3 KABU PASS is open to individuals aged 18 years old or above. If you are aged under 18 years old and wish to become a member, your parent's or legal guardian's consent must be obtained before the member registration.

B.4 To become a KABU PASS member, it is necessary for you to provide us with your Personal Data as marked “mandatory” on the in-app registration page (“Registration Page”). If you are unable or unwilling to provide us with such Personal Data, we may not be able to accept your membership application or provide you with our services. For all other personal data, it is optional for you to provide or not.

B.5 You agree to inform us immediately upon any change of your information submitted to us on the Registration Page. We shall not be liable for any claim, demand, liability, or action resulting from your failure to supply us with your updated information.

B.6 All Personal Data shall be managed in accordance with the Personal Data (Privacy) Ordinance, and our Company’s Privacy Policy which is posted at KABU PASS Member Website (“our Website”). Our Privacy Policy is deemed to have been incorporated into these Terms. 

B.7 We may decline your application under circumstances as may be determined by us in our sole discretion.

B.8 When downloading or using the KABU PASS APP, you are responsible for ensuring the security of your personal data such as your login account and password. If your device or this service is misappropriated intentionally or negligently, resulting in any damage or loss to you or a third party, we will not be held responsible in any way.

 

C. E-coupons

 

C.1 Welcome offers and other occasional e-coupons will be issued to member’s accounts through the KABU PASS APP. Members must log in to their account through the KABU PASS APP to obtain and use the e-coupons. The e-coupons will not be reissued after the expiration date.

C.2 The use of each e-coupon is subject to the relevant terms and conditions of the individual offer. Members can peruse the terms and conditions of each e-coupon on the KABU PASS APP.

C.3 The validity period of the e-coupons is based on the date listed on each e-coupon. The e-coupons will be invalid after the expiration date. The validity period of the e-coupons will not be extended even if a member successfully renews or upgrades his membership.

C.4 If members want to use an e-coupon, they must declare and present the e-coupon QR code in the KABU PASS APP to store staff before checkout. Once the use of e-coupons is confirmed, the system will immediately deduct it from the member's account, and no changes or cancellations are allowed.

C.5 The e-coupons are not exchangeable for cash or other offers. No change or refund will be given either in cash or in any other form when using the e-coupons in your patronage. Photocopy version of an e-coupon is not acceptable.

C.6 The e-coupons cannot be used in conjunction with other promotional offers, discounts, coupons, cash/ merchandise vouchers, during designated promotional period or for promotional items, unless otherwise specified. 

C.7 Only one e-coupon can be used for each transaction, and each e-coupon can be used once only, unless otherwise specified. Splitting of bills and combination of bills are not allowed. 

C.8 Except Peace Cuisine and Wing Wah AllDay, all e-coupons and member discounts are not applicable on New Year, Valentine’s Day, Christmas Holidays (24th – 26th of December) and New Year Eve. For Peace Cuisine and Wing Wah AllDay, all e-coupons and member discounts are not applicable on 28th - 30th of the last Lunar month, Lunar New Year holidays, Mother's Day and Eve, Father’s Day and Eve, Mid-autumn Festival & Eve, and Winter solstice & Eve. These days are referred to as “Blackout Dates”.

C.9 After using the e-coupons, the records in the KABU PASS APP will be updated within 24 hours. Members can check the usage status of the e-coupons in the APP at any time.

 

D. In-app Remote Ticketing (“Queueing”), Reservation (“Booking”) and Ordering Services

 

D.1 Members need to log in to their account on the KABU PASS APP to enjoy the functions of in-app queueing, in-app booking and in-app ordering services.

D.2 Priority seating for Gold Members is only available for in-app queueing via the KABU PASS APP and is not applicable to queueing machines at stores. Gold members can get priority seating arrangement in the queueing group of their own choice. The seating order is one A/B/C group ticket number (subject to successful seating), then one Gold Member ticket number, and so on.

 

E. Other Member Privileges and Special Promotion Terms

 

E.1 Unless otherwise specified, all forms of member privileges are personal to an individual Member and cannot be transferred or assigned to any other person.

E.2 Members should immediately report any suspected unauthorized member privileges and e-coupon claims. Our Company reserves the rights and discretion to determine what action, if any, will be taken.

E.3 We may provide you our latest new products and offers information by email or text messages. You may also receive other promotional emails or text messages from our brands. You can change your communication preference setting in the KABU PASS APP if you do not wish to receive promotional emails or text messages from us. We are not responsible if members miss any promotional offers due to opting out of emails or text messages.

E.4 We may provide you with new offers associated with your membership from time to time, and these new offers will be governed by these Terms in addition to any terms and conditions applicable to the specific offers.

E.5 All benefits issued during one-off promotions will be governed by the rules applicable to the specific promotions, and may expire after the end of those promotions.

E.6 All member privileges are subject to changes from time to time at our sole discretion.

E.7 We shall not be liable for any loss of membership points or e-coupons because of a technical defect or error that prevents us from fulfilling your membership points or e-coupons in our computer systems.

E.8 Since the use of membership points, e-coupons and other member privileges rely on internet networks and other systems that are not entirely controlled by us, we cannot guarantee that the Program can operate without any interruption. However, we will make all reasonable efforts to ensure our systems support the operations in connection with the Program.

 

F. New Membership Scheme (“New Scheme”)

 

F.1 Scheme Overview 

The members under the New Scheme are divided into 3 membership levels: Basic Member(s), Silver Member(s) and Gold Member(s).

 

(I) Basic Membership

Validity Period: 24 calendar months, with automatic renewal upon any eligible spending

Entry Criteria: Downloading KABU PASS APP and complete the registration and verification procedures using a valid mobile phone number

Member Privileges:

  • Receive designated welcome e-coupons
  • Use membership points (“KABU POINT(S)”) as cash or redeem rewards
  • Earn 1 KABU POINT award for every HK$1 eligible spending at THE MATCHA TOKYO
  • Earn extra 0.5 KABU POINT award for every HK$1 eligible spending on Mondays at other brands, unless otherwise specified
  • E-coupons
  • Exclusive dining promotions
  • In-app queueing
  • In-app booking
  • Free cakeage and corkage fee (1 bottle)

 

(II) Silver Membership (“New Silver”)

Validity Period: 12 calendar months

Entry Criteria: Upgrading from Basic Membership upon accumulative spending of HK$3,500 in any 12 consecutive calendar months

Renewal Criteria: Upon accumulative spending of HK$3,500 at the end of New Silver Membership to extend the membership for additional 12 months from its expiry

Member Privileges:

  • Receive designated welcome e-coupons
  • Use KABU POINT as cash or redeem rewards
  • Earn 1 KABU POINT award for every HK$1 eligible spending at all KABU PASS brands
  • Earn extra 0.5 time of KABU POINTS on Mondays, unless otherwise specified
  • Earn extra 0.5 time of KABU POINTS on Tuesdays and Wednesdays during lunch hours, or on Silver Member Thankful Days, unless otherwise specified
  • Earn extra 0.5 time of KABU POINTS in Member’s month of birth indicated during registration, unless otherwise specified
  • E-coupons
  • Exclusive dining promotions
  • In-app queueing
  • In-app booking
  • Free cakeage and corkage fee (1 bottle)

 

(III) Gold Membership (“New Gold”)

Validity Period: 12 calendar months

Entry Criteria: Upgrading from New Silver Membership upon accumulative spending of HK$12,000 during the New Silver Membership, or upgrading from Basic Membership upon accumulative spending of HK$15,500 if not yet upgraded to New Silver Membership

Renewal Criteria: Upon accumulative spending of HK$12,000 during the New Gold Membership to extend the membership for additional 12 months from its expiry (such extension is subject to a maximum of 36 consecutive months from the day of fulfilling the required accumulative spending)

Member Privileges:

  • Receive designated welcome e-coupons
  • Use KABU POINT as cash or redeem rewards
  • Earn 1.5 KABU POINT award for every HK$1 eligible spending at all KABU PASS brands
  • Earn extra 0.5 time of KABU POINTS on Mondays, unless otherwise specified
  • Earn extra 0.5 time of KABU POINTS on Tuesdays and Wednesdays during lunch hours, or on Gold Member Thankful Days, unless otherwise specified
  • Earn extra 0.5 time of KABU POINTS in Member’s month of birth indicated during registration, unless otherwise specified
  • E-coupons
  • Exclusive dining promotion
  • In-app queueing with priority seating service
  • In-app booking
  • Free cakeage and corkage fee (1 bottle)

 

F.2 KABU POINTS

F.2.1 KABU POINT is the membership point of the New Scheme. KABU POINT awarded by each brand may be subject to adjustment without prior notice.

F.2.2 Eligible spending is calculated based on the actual net amount paid for each transaction including service charge, after deducting KABU POINTS as cash and discounts and excluding consumption of retail products, selected promotional items, purchase of cash/merchandise vouchers and otherwise specified items. The net amount paid will be rounded up to the nearest integer. For example, if the net amount paid is HK$129.8, a New Silver Member will earn 130 KABU POINTS, and a New Gold Member will earn 195 KABU POINTS.

F.2.3 KABU POINT awards are not applicable to transactions with other promotional offers, discounts, coupons, cash/ merchandise vouchers, during designated promotional period or for promotional items, unless otherwise specified.

F.2.4 Extra KABU POINT awards are not applicable to THE MATCHA TOKYO.

F.2.5 “Extra KABU POINT awards for Tuesdays and Wednesdays lunch hours” cannot be enjoyed in conjunction with “extra KABU POINT awards for Member Thankful Days”. “Extra KABU POINTS awards for month of birth” can be enjoyed in conjunction with “Extra KABU POINT awards for Tuesdays and Wednesdays lunch hours” or “extra KABU POINT awards for Member Thankful Days”.

F.2.6 Members can only earn KABU POINTS within one single bill. Splitting of bills and combination of bills are not allowed. All KABU POINTS will be counted independently, and collective use of KABU POINTS from different member accounts are not accepted.

F.2.7 Every 100 KABU POINTS accumulated can be used as HK$10. The use of KABU POINTS is calculated in a unit of HK$10 (100 KABU POINTS) and will be deducted from the member's account immediately once used.

F.2.8 Members must declare and present the member QR code in the KABU PASS APP at checkout to earn KABU POINTS. Reissuing of KABU POINTS is not allowed.

F.2.9 After successful checkout with presentation of member QR code in the KABU PASS APP, the KABU POINTS will be instantly credited to the member's account; the KABU POINT balance in the APP will be updated within 24 hours after checkout. Members can check their point balance and records in the APP at any time.

F.2.10 If members want to use KABU POINTS, they must declare and present the member QR code in the KABU PASS APP to store staff before checkout. Once the use of KABU POINTS is confirmed, the system will immediately deduct it from the member's account, and no changes or cancellations are allowed.

F.2.11 If members want to use KABU POINTS for reward redemption, they must redeem rewards in the KABU PASS APP, and if members want to use the redeemed rewards, they must declare and present the reward QR code in the KABU PASS APP to store staff before checkout. Once the use of KABU POINTS or redeemed rewards is confirmed, the system will immediately deduct it from the member's account, and no changes or cancellations are allowed. Redemption rewards are subject to changes from time to time without separate notice.

F.2.12 If a member receives a refund for a certain transaction, the KABU POINTS earned for such transaction will be deducted from the member's account and adjusted at the time of refund, and the records in the KABU PASS APP will be updated within 24 hours.

F.2.13 For each time a Basic Member earns or uses KABU POINTS, the validity period of KABU POINTS in the member’s account will be automatically extended for 18 months. On the contrary, if there are no records of earning or using KABU POINTS in a Basic Member’s account within 18 months, all KABU POINTS in the account will become invalid.

F.2.14 KABU POINT awards are not applicable on Blackout Dates. Extra 0.5 times of KABU POINT awards are not applicable on Blackout Dates and Public Holidays.

F.2.15 KABU POINT awards of designated time periods applicable to each membership level are determined based on seat-in time, unless otherwise specified.

F.2.16 KABU POINTS cannot be shared, transferred, sold or assigned to any third party unless otherwise specified.

 

F.3 Membership Upgrade, Downgrade, Renewal and Expiry

F.3.1 For Basic Members, once the accumulative spending exceeds HK$3,500, such membership will be upgraded to New Silver Membership; once the accumulative spending exceeds HK$15,500, such membership will be upgraded to New Gold Membership if not yet upgraded to New Silver Membership. If a Basic Member does not have any transaction records within 24 months, his membership will be frozen, and he will not be able to enjoy any member privileges. Members can apply for restoration of membership by email to member.kabu@kabu.com.hk. However, our Company reserve the right to terminate frozen membership.

F.3.2 For New Silver Members, once the accumulative spending exceeds HK$12,000, such membership will be upgraded to New Gold Membership; if the accumulative spending exceeds HK$3,500 but is less than HK$12,000 during the New Silver Membership, such membership will be extended for 12 months after its expiry; if the accumulative spending is less than HK$3,500, such membership will be downgraded to Basic Membership.

F.3.3 For New Gold Members, once the accumulative spending exceeds HK$12,000, such membership will be extended for 12 months from its expiry (such extension is subject to a maximum of 36 consecutive months from the day of fulfilling the required accumulative spending); if the accumulative spending exceeds HK$3,500 but is less than HK$12,000 during the New Gold Membership, such membership will be downgraded to New Silver Membership; if the accumulative spending is less than HK$3,500, such membership will be downgraded to Basic Membership.

F.3.4 All upgrade and New Gold renewal will take effect immediately upon fulfilling the spending requirement, while all downgrade, expiry and New Silver renewal will take effect at 00:00 the next day after the membership expires.

F.3.5 Upon membership upgrade, downgrade and renewal, KABU POINTS and e-coupons in the account will not be affected.

F.3.6 Upon all downgrade and New Silver renewal, the accumulative spending amount will be cleared to zero. Upon all upgrade and New Gold renewal, the remaining accumulative spending amount after deducting the upgrade requirements will be retained in the next membership. For example, if a New Silver Member spends HK$12,500 in a single time, since the spending requirement of HK$12,000 for upgrading to a New Gold Membership has been fulfilled, the membership will be upgraded to a New Gold Membership. At the same time, the remaining accumulative spending of HK$500 will be retained in the New Gold Membership.

 

G. Old Membership Scheme (“Old Scheme”)

 

G.1 Scheme Overview

The members under the Old Program are divided into 2 membership levels: Silver Member(s) and Gold Member(s).

 

(I) Silver Membership (“Old Silver”)

Validity Period: 12 calendar months

Entry Criteria: New entry has been terminated

Renewal Criteria: Upon accumulative spending of HK$3,500 at the end of New Silver Membership to extend the membership for additional 12 months from its expiry

Member Privileges:

  • Receive designated welcome e-coupons
  • 10% off for any dine-in
  • Non-peak Monday extra 5% off for any dine-in
  • Earn 1 Bonus Point award for every HK$1 eligible spending, and redeem rewards
  • Double Bonus Points in Member’s month of birth indicated during registration, unless otherwise specified
  • E-coupons
  • Exclusive dining promotions
  • In-app queueing
  • In-app booking
  • Free cakeage and corkage fee (1 bottle)

Members can enjoy one discount, one e-coupon and one redemption item on each transaction.

 

(II) Gold Membership (“Old Gold”)

Validity Period: 12 calendar months

Entry Criteria: Upgrading from Old Silver Membership upon accumulative spending of HK$12,000 during the Old Silver Membership

Renewal Criteria: Upon accumulative spending of HK$12,000 during the Old Gold Membership to extend such membership for additional 12 months from its expiry (such extension is subject to a maximum of 36 consecutive months from the day of fulfilling the required accumulative spending)

Member Privileges:

  • Receive designated welcome e-coupons
  • 15% off for any dine-in
  • Non-peak Monday extra 5% off for dine-in
  • Earn 1 Bonus Point award for every HK$1 eligible spending, and redeem rewards
  • Double Bonus Points and e-coupons in Member’s month of birth indicated during registration, unless otherwise specified
  • E-coupons
  • Exclusive dining promotions
  • In-app queueing with priority seating service
  • In-app booking
  • Free cakeage and corkage fee (1 bottle)

Members can enjoy one discount, one e-coupon and one redemption item on each transaction.

 

G.2 Termination of Member Registration, Old KABU APP and Physical Card 

G.2.1 Registration of Silver Members has been terminated.

G.2.2 The use of the old KABU APP and physical member card has been terminated. Members of the Old Scheme need to download the KABU PASS APP and log in with their registered mobile number in order to continue to enjoy the member privileges. The relevant news has been announced through emails, social media platforms and in-store promotional materials starting from late February 2024. Members may email member.kabu@kabu.com.hk if any assistance is needed.

G.2.3 All unused Bonus Points and e-coupons will be stored in members’ account and can be retrieved once members successfully log in the KABU PASS APP with their registered mobile number.

 

G.3 Member Discounts

G.3.1 Members must declare and present the member QR code in the KABU PASS APP to store staff before checkout to enjoy member discounts.

G.3.2 Member discounts are applicable to regular priced items and for dine in only, and cannot be used in conjunction with other promotional offers, discounts, coupons, cash/ merchandise vouchers, during designated promotional period or for promotional items, unless otherwise specified. 

G.3.3 Member discounts are not applicable on Blackout Dates. Non-peak Monday discounts are not applicable on Blackout Dates and Public Holidays and are not applicable to Gyu-Kaku Jinan-Bou.

G.3.4 Non-peak Monday extra 5% off for dine-in is not applicable to THE MATCHA TOKYO.

G.3.5 Member discounts of designated time periods applicable to each membership level are determined based on seat-in time, unless otherwise specified.

G.3.6 Member discounts are not applicable to 10% service charge. The 10% service charge is calculated based on the original price.

 

G.4 Bonus Points

G.4.1 Bonus Point is the membership point of the Old Scheme. Bonus Point awarded by each brand may be subject to adjustment without prior notice.

G.4.2 Eligible spending is calculated based on the actual net amount paid for each transaction including service charge, after deducting discounts and excluding consumption of retail products, selected promotional items, purchase of cash/merchandise vouchers and otherwise specified items. The net amount paid will be rounded up to the nearest integer. For example, if the net amount paid is HK$129.8, an Old Scheme Member will earn 130 Bonus Points.

G.4.3 Bonus Point awards are not applicable to transactions with other promotional offers, discounts, coupons, cash/ merchandise vouchers, during designated promotional period or for promotional items, unless otherwise specified.

G.4.4 Members can only earn Bonus Points within one single bill. Splitting of bills and combination of bills are not allowed. All Bonus Points will be counted independently, and collective use of Bonus Points from different member accounts are not accepted.

G.4.5 Bonus Points have no monetary value and cannot be exchanged or redeemed in any way for cash, other products, offers or discounts.

G.4.6 Members must declare and present the member QR code in the KABU PASS APP at checkout to earn Bonus Points. Reissuing of Bonus Points is not allowed.

G.4.7 After successful checkout with presentation of member QR code in the KABU PASS APP, the Bonus Points will be instantly credited to the member's account; the Bonus Points balance in the APP will be updated within 24 hours after checkout. Members can check their point balance and records in the APP at any time.

G.4.8 If members want to use Bonus Points for reward redemption, they must redeem rewards in the KABU PASS APP, and if members want to use the redeemed rewards, they must declare and present the reward QR code in the KABU PASS APP to store staff before checkout. Once the use of Bonus Points or redeemed rewards is confirmed, the system will immediately deduct it from the member's account, and no changes or cancellations are allowed. Redemption rewards are subject to changes from time to time without separate notice.

G.4.9 If a member receives a refund for a certain transaction, the Bonus Points earned for such transaction will be deducted from the member's account and adjusted at the time of refund, and the records in the KABU PASS APP will be updated within 24 hours.

G.4.10 Upon membership upgrade, downgrade and renewal, the Bonus Points from the prior membership will be expired in 3 months.

G.4.11 Bonus Point awards are not applicable on Blackout Dates, unless otherwise specified.

G.4.12 Bonus Point awards of designated time periods applicable to each membership level are determined based on seat-in time, unless otherwise specified.

G.4.13 Bonus Points cannot be shared, transferred, sold or assigned to any third party unless otherwise specified.

 

G.5 Membership Upgrade, Downgrade, Renewal and Expiry

G.5.1 For Old Silver Members, once the accumulative spending exceeds HK$12,000, such membership will be upgraded to Old Gold Membership; if the accumulative spending exceeds HK$3,500 but is less than HK$12,000 during the Old Silver Membership, such membership will be extended for 12 months after its expiry; if the accumulative spending is less than HK$3,500, such membership will expire.

G.5.2 For Old Gold Members, once the accumulative spending exceeds HK$12,000, such membership will be extended for 12 months from its expiry (such extension is subject to a maximum of 36 consecutive months from the day of fulfilling the required accumulative spending); if the accumulative spending exceeds HK$3,500 but is less than HK$12,000 during the Old Gold Membership, such membership will be downgraded to Old Silver Membership; if the accumulative spending is less than HK$3,500, such membership will expire.

G.5.3 All upgrade and Old Gold renewal will take effect immediately upon fulfilling the spending requirement, while all downgrade, expiry and Old Silver renewal will take effect at 00:00 the next day after the membership expires.

G.5.4 Upon membership upgrade, downgrade and renewal, e-coupons in the account will not be affected. Upon Old Silver membership expiry without renewal, all Bonus Points and e-coupons will be void.

G.5.5 Upon all downgrade and Old Silver renewal, the accumulative spending amount will be cleared to zero. Upon all upgrade and Old Gold renewal, the remaining accumulative spending amount after deducting the upgrade requirements will be retained in the next membership. For example, if an Old Silver Member spends HK$12,500 in a single time, since the spending requirement of HK$12,000 for upgrading to an Old Gold Membership has been fulfilled, the membership will be upgraded to an Old Gold Membership. At the same time, the remaining accumulative spending of HK$500 will be retained in the Old Gold Membership.

 

G.6 Transfer from the Old Scheme to the New Scheme

G.6.1 Upon provision of Opt-In function or invite, Old Scheme Members can choose at their own discretion whether to transfer their membership to the New Scheme. Old Silver Members can confirm their transfer to the New Silver Membership at any time through pressing the "Tranfer to New Silver" button and completing the triple confirmation procedure in the KABU PASS APP. Old Gold Members will receive invites to transfer their membership in stages. Once an Old Member confirms to transfer to the New Scheme, he will not be able to restore the Old Membership and will not be able to enjoy the Old Scheme benefits.

G.6.2 After transferring to the New Scheme, the expiry date of the New Membership will be subject to the expiry date of the Old Membership. The accumulative spending amount under the Old Scheme will be carried forward to the New Scheme, and members can renew or upgrade by accumulating the remaining designated spending amount within the validity period of the membership.

G.6.3 After transferring to the New Scheme, valid e-coupons from the Old Scheme will be transferred to the New Scheme with the same offer mechanics and validity period. Bonus Points under the Old Scheme will be converted to KABU POINTS under the New Scheme at the ratio of 1 Bonus Point = 0.4 KABU POINT, and will be rounded up to the nearest integer.

 

H. Membership Termination

 

H.1 If a member wishes to terminate his membership, he may submit an account deletion application by pressing the “Delete Account” button in the KABU PASS APP or email to member.kabu@kabu.com.hk. After the membership is terminated, all unused points and e-coupons in the account will be forfeited without further notice. The member shall not claim any compensation against us.

H.2 In the event of any misconduct, fraud, illegal use of KABU PASS or violation of these Terms, we reserve the right to terminate the member’s membership and forfeit all points and e-coupons immediately based on reasonable grounds without prior notice. If any damage or loss is caused to a third party due to the above circumstances, we will not be held responsible in any form.

 

I. Exclusion and Limitation of Liability

 

I.1 By becoming a Member of the Program, you acknowledge and accept that your participation in the Program is at your own risk. We shall not be liable for any direct and indirect losses, damages or expenses of any kind caused by the use of the Program, deletion of member information, termination of membership or suspension / interruption / termination of KABU PASS APP, regardless of whether the related losses, damages or expenses are caused by negligence or otherwise, and whether our Company has any control over the circumstances giving rise to the claim or not.

I.2 To the extent permitted by law, all information and materials provided in connection with the Program are provided "as is" without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose, privacy or non-infringement. 

I.3 We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of your participation in the Program; in connection with any rewards received from the Program; or in connection with any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, whether for breach of contract, tortious behaviour, negligence or, under any other cause of action. 

I.4 Without prejudice to any other clauses of these Terms, where permitted by law any liability that we may have to you in connection with participation of the Program or the use of membership points which cannot be excluded is limited to the restatement of membership points or the relevant costs as we may determine in our absolute discretion. 

I.5 We reserve the right to modify the Program details, benefits and other features, including these Terms without prior notice, and the latest material changes will be available on KABU PASS APP and our Website. Although we will use reasonable efforts to notify Members of material changes to the Program and/or to these Terms, it is the responsibility of Members to keep themselves up to date in respect of the Program and these Terms. Any continued use of the member account will be deemed as acceptance of any amendment. We will not be liable for loss or damage resulting from any amendment to the Program or to these Terms.

I.6 In the event that we plan to terminate the Program, we shall give you reasonable prior notice on our Website and social media platforms. Any member privileges not redeemed by the termination date (including membership points and e-coupons) will be forfeited and will not be refunded. 

 

J. Personal Information

 

J.1 Personal information provided by members will only be used for operation of the membership and will be managed in accordance with our privacy policy. For details on our handling on members’ personal information, please refer to our Privacy and Personal Information Collection Statement at member.kabu.com.hk/en/privacy.html.

J.2 Members are responsible for keeping their member ID and login passwords safe and shall not disclose such information to third parties. We will not be responsible for any damages or losses caused by the loss, theft or use of the member ID or login password.

 

K. Intellectual Property

 

K.1 All rights, title, interest, copyrights, trademark rights, domain names, designs, goodwill and any other intellectual property rights (of any kind) subsisting anywhere in the world, in and to the KABU PASS APP, membership website, and any information, content, materials and/or services provided or performed in connection therewith, are owned by us and/or our licensors and are protected by relevant laws and regulations. Members may not modify, copy, rent, lease, loan, sell, distribute, or create derivative works based on them (in whole or in part) in any way without the prior written consent of us.

K.2 Any comments or suggestions provided by Members to us are entirely voluntary and will be freely used (or not used) as we see fit and without any obligation to you.

 

L. Others

 

L.1 Membership is not transferrable and shall only be used by the Member. Misuse of membership or program benefits, including but not limited to, fraud and misconduct, may result in termination or suspension of membership, or withdrawal of benefits.

L.2 Our Company reserves the right to investigate or audit a member’s account at any time without prior notice to ensure compliance with these Terms and Conditions, and any other applicable rules, regulations, or terms and conditions. During the course of an investigation or 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.

L.3 As the Program operates through systems which rely on internet networks and other systems that are not entirely under our control, we cannot guarantee that the Program can operate without any interruption. However, we will make all reasonable efforts to ensure our systems support the operations in connection with the Program.

L.4 If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of these Terms which shall continue in full force and effect.

L.5 If we do not act in relation to a breach of these Terms by you, this does not waive our right to take action in respect of a similar breach of these Terms by you in the future.

L.6 In case of any dispute, our decision shall be final.

L.7 These Terms shall be governed by the laws of the Hong Kong S.A.R. and any disputes shall be submitted to the non-exclusive jurisdiction of the Hong Kong courts.

L.8 In case of any discrepancy between the Chinese and English version of these Terms, English version shall prevail.

L.9 If you have any questions about these Terms, please email us at member.kabu@kabu.com.hk.

 

 

Last update: May 2024