Terms and Conditions of Kabu Rewards Program Scheme

The member card ("Kabu Pass") is applicable to the brands of Kabushikigaisha Limited ("Co-brands"): Gyu-Kaku Japanese Yakiniku Restaurant, Gyu-Kaku Buffet, Gyu-Kaku Jinan-Bou, On-Yasai, Mou Mou Club, Mou Mou Motto, Peace Cuisine, Wing Wah AllDay and HAP Taiwanese Hotpot, and are managed and issued by Kabushikigaisha Limited ("Kabu", "our Company", "we", "us", "our"). Your participation in the Kabu Rewards Program Scheme (“this Scheme”) is governed by the following Terms and Conditions ("these Terms"). By applying for this Scheme you agree that you have read and understood these Terms and agree to be bound by these Terms herein.

1. Effective Date
1.1 Terms are effective during membership valid period.

2. Application the Terms and Conditions 
2.1 These Terms form the agreement between you, our Member, and our Company. The Kabu Pass is only applicable to Kabu Co-brands branches (“our branches”). 

3. Registration of Membership 
3.1 Only holders ("Cardholders") of Kabu Pass issued by our Company who completed the online registration process are eligible to become a member of this Scheme (“Member”). 
3.2 To become a Member, Cardholders are required to register online by entering the Kabu Pass registration number, the activation code printed at the back of Kabu Pass and certain personal information ("Personal Data"). Each Kabu Pass registration number, email and username can be registered once by one Member only. 
3.3 This Scheme is open to individuals aged 18 or above. If you are under aged 18 and wish to become a Member, you need your parent's or legal guardian's consent before submitting the online application form.
3.4 In order for you to become a Member of this Scheme, it is necessary for you to provide us with your Personal Data stated mandatory on the online registration page. If you are unable or unwilling to provide us with complete and correct Personal Data, we may not be able to register you as a Member or provide you with some of our services. It is optional for you to provide any Personal Data that is not marked as "mandatory".
3.5 You agree to revise immediately upon change of any of your details submitted to us on the online registration page. We shall not liable for any claim, demand, liability or action resulting from your failure to supply us with your updated information.
3.6 All Personal Data shall be managed in accordance with the Personal Data (Privacy) Ordinance, and our Company Privacy Policy which is posted at Kabu Co-brands Member Website (“our Website”). Our Privacy Policy is deemed incorporated into these Terms. 
3.7 We may decline your application under the circumstances as may be determined by us in our sole discretion.

3.8. You have to complete the online registration, and successfully press the link provided by the activation email in order to activate the account.  Members can enjoy redemption points, birthday privilege and referral rewards etc after activating the account.

4. The Program, Rewards, and Special Offers  

4.1 Kabu Pass (including new member) must be verified by system within 120 minutes upon patronage to   enjoy members offers.(included discount, redeem/earn bonus point and redeem e-Coupon), otherwise, you cannot enjoy members offers. Unless specified, seat in time to be counted when enjoying member offers.  
4.2 Member can only enjoy any member’s offer within one transaction bill, splitting of bills/ combined of bills is not allow.
4.3 Member is responsible to check the bill details with those discount/ earn point /other privileges before settle the bill, all the privileges/ earning point/ ecoupon cannot be changed/cancel/compensate after confirmed the transaction.
4.4 Member can enjoy once discount & once e-Coupon & once redemption items at each time slot (before 11:30; 11:31-17:00/17:00-closed) per day. Member can maximum use Kabu Pass per time slot (total 3 times / day).
4.5 Kabu Pass privileges cannot be used in conjunction with other promotional offers, discounts, cash coupons, promotion period and promotion items.
4.6 Except Peace Cuisine and Wing Wah AllDay, Kabu Pass privileges are not available on 1st Jan, 14th Feb, 24th -26th Dec and 31 December; For Peace Cuisine and Wing Wah AllDay, Kabu Pass privileges are not applicable on designated dates and festival (28th-30TH day 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).
4.7 Kabu Pass, bonus points and e-Coupon are personal to an individual Member and cannot be transferred / borrowed to any other person.
4.8 In addition to your Co-brand Card, you may be required to present extra identification for verification of your identity when you use your Kabu Pass. All Gold members who enjoy any Gold Member Benefits (including member's privileges and priority seat arrangements, etc.), he or she has to show the hard copy of Gold Member Card or true & valid copy documents (including credit card (or ATM card), driving licence, student card, identity card (or passport)) when using Kabu App for the purpose of membership verification.
4.9 Members can earn one Bonus Point for every HK$1 spent in any food and beverage items of our branches (except gift & premium) . Discount offers, e-Coupons, cash vouchers will also not go towards earning Bonus Points in any transaction. The conversion is the total amount after any discount, without any decimal point. For example: Patronize HK$168.9 and 168 Bonus Points are earned.
4.10 Discount calculation method: 10% service charge will be calculated based on the original price;

4.11 Bonus Points have no monetary value and cannot be exchanged or redeemed in any way for cash, other products, offers or discounts.
4.12 Bonus Points will be awarded and updated immediately after your payment. You may check your bonus point balance by checking the receipts; you can also check your transaction details by logging on to our website or mobile app after 24 hours.
4.13 We shall not be liable for any loss of Bonus Points or e-coupon suffered as a result of a technical defect or error that prevents us from retrieving information relating to your bonus point balance from our computer systems.
4.14 Upon accumulating the necessary amount of Bonus Points, you may redeem rewards with the presentation of your Kabu Pass. Members can get the redemption information through the promotional materials at our branches, our Website or E-news. Please visit our Website for details and offers will be updated from time to time. Changes to offers will not be announced separately.
4.15 We may provide you our new products and offers information mainly update by email. You may also receive other co-brands E-news. You can send email to notify us if you do not want to receive any E-news. We are not liable on any caused by missing E-news
4.16 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.
4.17 Benefits, including Bonus Points issued during one-off promotions will be governed by the rules applicable to the specific promotion, may expire after the end of that promotion.
4.18 Both Kabu Pass and Bonus Points are valid during membership valid period. Kabu Pass will be invalid and unused Bonus Points will be void automatically at card expiration. 
4.19 Members should immediately report any suspected unauthorized Bonus Points and e-coupon claims. Our Company will decide at its discretion what action, if any, will be taken.
4.20 In the event that we plan to terminate this Scheme, we shall give you at least three months’ notice by display at all our branches, as well as on our Website. Rewards not collected by the termination date will be forfeited and will not be refunded. 
4.21 Our Company reserves the right to use Kabu Pass and amend this Scheme at any time at our sole discretion without prior notice to you.

5. Conditions for using e-Coupons
5.1 e-Coupons may be used to exchange an equivalent amount of goods or service at any of our branches on or before the expiry date stated on the e-Coupons (excluded specific offer mentioned). The e-Coupons will be invalid after the expiry date (e-Coupons could not be brought forward to next membership term although the member would renew the membership successfully).
5.2 The e-Coupons are not exchangeable for cash or other offers. No change or refund will be given either in cash or in other form when using the e-Coupons in your patronage. Photo copy version is not acceptable.
5.3 The e-Coupons cannot be used in conjunction with other promotional offer, discounts, cash coupons, designated promotional period or promotional items. (Except members’ discount offer). 
5.4 Only one coupon can be used for each purchase, splitting of bills and combined of bills are not allowed. e-Coupon can only be used one time.
5.5 Offer is for Dine-in (unless otherwise specified), please select the e-coupon before bill settlement, no refund, change or cancel once confirmed.
5.6 Except Peace Cuisine and Wing Wah AllDay, Kabu Pass privileges are not available on 1st Jan, 14th Feb, 24th -26th Dec and 31 December; For Peace Cuisine and Wing Wah AllDay, Kabu Pass privileges are not applicable on designated dates and festival (28th-30TH day 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).
5.7 You may check your updated status of e-coupon after transaction completed, by logging on to our Website, or through Kabu App
5.8 The e-coupon usage is subjected to internet network or else system which are out of our control. We, however, must try our best to maintain and ensure it is in good condition. 
5.9 We reserve the right of final decision in case of any dispute arising from the E-Coupons.

6. Bonus Point Redemption Scheme
6.1 Member has to present Kabu Pass or login KABU APP before bill settlement to enjoy the redemption scheme offer.  
6.2 Member can redeem 1 item (only for dine-in) once have any spending on one transaction, no quantity limitation for redeem gift & premium (non-food items)
6.3 Bonus Point will be forfeited after the valid date the last date of membership valid period(the remaining bonus points from previous membership term will become invalid 3 months after the new membership term started).
6.4 All redemption items cannot be cancelled or changed upon the system confirmed. Bonus points cannot be exchanged for cash or other reward items/ terms.
6.5 Each Kabu Pass bonus points will be counted independently. We don't accept the collective more than a cumulative basis of Kabu Pass.

7. Malfunctions / Loss of Kabu Pass

7.1 If your Kabu Pass malfunctions due to no fault of yours and you have not damaged or tampered with it in any way, you may get a new Kabu Pass and recover any Bonus Points by returning the damaged card to any of our branches or our Customer Service Department by mailing to Unit 03, L22, Tower 1, Enterprise Square Five, MegaBox, 38 Wang Chiu Road, Kowloon Bay.
7.2 If your Kabu Pass has been lost or stolen before completed online activation, you should notify us immediately by email. We shall not be responsible for any loss (including Bonus Points) suffered by you in relation to your lost card.
7.3 New card replacement is not applicable to non-registered Kabu Pass as we do not have your records from our database.
7.4 If your Kabu Pass has been lost or stolen before completed online activation, you should notify us immediately by reporting at your online account if your Kabu Pass has been lost or stolen. We shall not be responsible for any loss (including Bonus Points) suffered by you in relation to your lost card.
7.5 After submission of lost card through online, it will be processed within 10 working days for arranging the replacement card for you. You cannot enjoy any members’ offer within this period.
7.6 We will charge HK$30 administration fee for a replacement card.
7.7 In determining the remaining amount of Bonus Points to be transferred to your replacement card, the records held by us shall be treated as conclusive evidence of the amount of the remaining Bonus Points.
7.8 It is members’ responsibility to ensure the safety and security of your Kabu Pass . We shall not be liable for any loss or damage suffered as a result of a lost Kabu Pass

8. Membership Termination
8.1 Members may terminate their membership at any time by giving written notice and returning their Co-brand Cards to any of our branches or our Customer Services Department by mail, at which time any outstanding Bonus Points will be forfeited, your Membership will be terminated and membership fee will not be refunded.
8.2 Misconduct, fraud, or failure to follow these Terms may result in the immediate termination of an individual membership and cancellation of all Bonus Points and/or seek to recover any damages that your breach may have caused to us or our co-brands. Our Company reserves the right with or without notice to terminate an individual's membership at which time all Bonus Points will be forfeited.

9. Limitation of Liability
9.1 By becoming a Member, you acknowledge and accept that your participation in this Scheme is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of your involvement in this Scheme or the use of your Co-brand Card. Without limiting the foregoing:
9.2 TO THE EXTENT PERMITTED BY LAW, ALL INFORMATION AND MATERIALS PROVIDED IN CONNECTION WITH THIS SCHEME 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. 
9.3. 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 THIS SCHEME OR YOUR USE OF THE CO-BRAND CARD; IN CONNECTION WITH ANY REWARDS RECEIVED IN CONNECTION WITH THIS SCHEME; OR IN CONECTION 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. 
9.4. Without prejudice to any other clauses of these Terms, where permitted by law any liability that we may have to you in connection with this Scheme, your use of the Co-brand Card, or the redemption of Bonus Points for rewards which cannot be excluded is limited to the restatement of Bonus Points or the cost of rewards as we may determine in our absolute discretion. 

10. Others
10.1 As this Scheme operates through systems which rely on communication networks, electricity networks, etc., which may be beyond our control, we cannot always ensure that this Scheme operates at all times. However, we will make all reasonable efforts to ensure our system supports the operations in connection with this Scheme.
10.2 If there is any inconsistency or conflict between the English and Chinese versions of these Terms, the English version shall prevail.
10.3 These Terms shall be governed by the laws of the Hong Kong SAR and Our Company and the Member agree to submit to the exclusive jurisdiction of the courts of the Hong Kong SAR. 
10.4 The Kabu Pass shall at all times remain the property of our Company, and you shall promptly return the Kabu Pass to us upon our request.
10.5 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.
10.6 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. 
10.7 We may amend or update these Terms from time to time without prior notice to you. The latest version of these Terms will be available on our Website.