MTR Club

MTR Club (Rules)

1. INTERPRETATION

1.1 In these Rules the following expressions shall have the following meanings:

"Bonus Points"
the units of measurement as referred to in the MTR Club Bonus Points Scheme by which Members can redeem rewards and benefits from the MTR Club;

"Service Point"
Club Member Service Point located at designated MTR Stations;

"Hong Kong"
the Hong Kong Special Administrative Region of the People's Republic of China;

"Member"
the holder of a valid Member's Account in the records of the MTR Club for the time being;

"Member's Account"
the account in the records of the MTR Club identified by the Username nominated by an applicant for membership and created upon completion of the registration form by the applicant, in which MTR Club Bonus Points can be accumulated in respect of that Member's registered Octopus;

"MTR"
the mass transit railway system operated by the MTR Corporation;

"MTR Corporation"
the MTR Corporation Limited;

"MTR Club"
the customer loyalty programme operated by the MTR Corporation subject to the MTR Club Rules which provides news, notices and communications of MTR Corporation as well as other promotions of products and services, news, rewards, events and other benefits to Members;

"MTR Club Bonus Points Scheme"
the Bonus Points rewards programme managed and operated by the MTR Corporation by which Members may accumulate Bonus Points using their registered Octopus;

"Octopus"
a card issued by Octopus Cards Limited subject to the Conditions of Issue of the card;

"Octopus Number"
the number engraved on each Octopus;

"Ordinance"
the Electronic Transactions Ordinance (Cap. 553);

"Promotion"
programmes offered by the MTR Corporation from time to time by which Members may gain rewards and benefits through, including but not limited to, the accumulation of Bonus Points and including the MTR Club Bonus Points Scheme;

"Promotion Period"
the period during which a Member can accumulate Bonus Points so as to redeem or gain rewards or benefits offered in a Promotion as stipulated by the MTR Corporation from time to time;

"Rules"
the rules of the MTR Club as set out herein;

"Terms of Use"
the terms of use of the Website which may be viewed at the home page of this Website;

"Username"
the sequence of computer readable characters chosen by you in order to log on to your Member's Account on the MTR Club Web Pages on the Website; and

"Website"
the website located at URL http://www.mtr.com.hk

1.2 Words capitalised in these Rules, which are not defined in these Rules, have the meaning given to them in the Terms of Use. In addition to these Rules, Member's use of the Website shall be in accordance with the Terms of Use.

1.3 Reference to the Ordinance or legislative provision or order or regulation made under it, includes that Ordinance, provision, order or regulation, as amended, modified, re-enacted or replaced from time to time (whether before or after the date these Rules are posted on the Website) and to any previous Ordinance, statutory provision, order or regulation amended, modified, re-enacted or replaced by that Ordinance, provision, order or regulation and to all orders, regulations, guidelines or other subordinate legislation made from time to time thereunder.

1.4 In these Rules, unless the context otherwise requires:

a. words importing one gender include the other genders;
b. words importing the singular shall include the plural and vice versa;
c. references to Clauses, Paragraphs and Schedules, are references to clauses, paragraphs and schedules in these Rules and references to Paragraphs are to paragraphs of the Clause in which the reference appears;
d. expressions defined in the main body of these Rules bear the defined meaning in the whole of these Rules;
e. references to dates and times are references to Hong Kong dates and times;
f. Clause and other headings are for ease of reference only and shall not affect the interpretation of these Rules;
g. any reference to a person shall include that person's successors, representatives and permitted assigns;
h. references to documents however described, shall include references to such documents as amended, supplemented, notated or substituted from time to time; and
i. a reference to any thing (including, without limitation, any amount) is a reference to the whole or any part of it and a reference to a group of persons is a reference to any one or more of them.

1.5 Nothing in these Rules shall be interpreted as an alteration or amendment of the Conditions of Issue of an Octopus and in so far as the use of the Octopus is concerned the Conditions of Issue of an Octopus will prevail over these Rules.

1.6 In the event that there is any inconsistency between the English and Chinese version of these Rules, the English version will prevail.

2. MEMBERSHIP

2.1 MTR Club is only open to individuals who are the legitimate holders of an Octopus. Membership is not available to corporations or other legal entities.

2.2 Persons wishing to apply to become Members must complete the membership registration form and activate their accounts via Club Member Service Points. The MTR Corporation reserves the right to reject any application for membership in its sole discretion and without giving any reasons.

2.3 Applicants for membership may not select a Username or Password that violates any person's rights or one that in the MTR Corporation's opinion is offensive, improper or inappropriate. If an applicant or Member does select such a Username or Password, the MTR Corporation can modify or delete it.

2.4 As each Member's Password is the means by which the MTR Corporation identifies the Member and allows Members access to their Member's Accounts on the MTR Club area of the Website, it must be kept secure. The MTR Corporation does not accept responsibility for any unauthorised access to a Member's Account due to a Member's failure to keep the Member's Password secure.

2.5 An applicant must complete all mandatory fields on the membership registration form in full and the applicant must provide true and accurate details. Incomplete or inaccurate forms will not be processed by the MTR Corporation.

2.6 When completing the membership registration form (with the exception of registration via Club Member Service Points), all applicants must activate their membership with the registered Octopus at any Club Member Service Points located at designated MTR stations within 30 days from the registration submission date. If the member fails to do so, the registration will be cancelled.

2.7 Bonus Points will not accrue and will not be honoured until the membership registration form has been accepted and the membership has been activated successfully at any Club Member Service Points.

2.8 The use by a person of their Octopus after being accepted as a Member is deemed to be acceptance of these Rules.

2.9 The MTR Corporation reserves the right to modify the MTR Club structure, benefits and other features, including these Rules, in the MTR Corporation's sole discretion or to terminate the MTR Club at any time upon reasonable notice, where reasonably possible, and the MTR Corporation will not be liable for any claim, loss or damage resulting therefrom. Continued participation in the MTR Club and/or use of a Member's Octopus by a Member will be deemed as the acceptance of any amendment.

2.10 The MTR Corporation will post the amended Rules on this Website. Members are responsible for checking the revised Rules. If any Member does not agree with such revised Rules such Member's sole remedy is to immediately cease participating in the Club in accordance with Clause 3.1.

3. MEMBERSHIP TERMINATION

3.1 Members may terminate their membership at any time by giving written notice to the MTR Corporation at which time any outstanding Bonus Points will be cancelled and the Member's Account deleted.

3.2 Misconduct, fraud, misuse of MTR Club benefits or failure to follow these Rules may result in the immediate termination of membership and cancellation of all MTR Club Bonus Points. The MTR Corporation reserves the right with or without notice to terminate any Member's membership at which time all Bonus Points accumulated in the Member's Account will be cancelled and the Member's Account deleted.

3.3 Upon the death of a Member the Member's Account will be deleted and all outstanding Bonus Points will be cancelled.

4. AWARD OF BONUS POINTS

4.1 Members may earn Bonus Points according to the number of MTR rides they have made or the amount of fares they have spent on the MTR using their Octopus during MTR operating hours and during a Promotional Period (except zero-fare trips including but not limited to staff travel) or such other manner of calculation of Bonus Points as shall be determined by the MTR Corporation at its absolute discretion and subject to the terms and conditions of the Promotion as shall be announced by the MTR Corporation from time to time. The MTR Corporation does not give any guarantee that any minimum number of Bonus Points will be granted for travel on the MTR and Bonus Points earned cannot be redeemed for cash.

4.2 The MTR Corporation may from time to time enter into an arrangement with other entities whereby Members may accumulate Bonus Points from the use of services of or the purchase of goods from such other entity subject to such terms and conditions as the MTR Corporation may impose with respect to the accumulation of such Bonus Points.

4.3 Bonus Points accumulated during a Promotion Period are valid only for the Promotion to which that Promotion Period relates and Bonus Points that have not been used to redeem benefits relating to that Promotion will be cancelled at the conclusion of the relevant Promotion Period unless the MTR Corporation at any time in its sole discretion determines otherwise.

4.4 Bonus Points will normally be credited to a Member's Account within two business days from the date the Member takes his/her trip on the MTR, unless otherwise specified.

4.5 If a Member's travel cannot be undertaken due to reasons beyond the control of the MTR Corporation (for example, weather or acts of God) or the Member's trip cannot be captured or recorded by the MTR Corporation (whether due to reasons beyond the control of MTR Corporation or not and where the system records of the MTR Corporation shall be final and binding on the Member) the Member will not be eligible for Bonus Points on the relevant trips.

5 MEMBERSˇ¦ ACCOUNTS

5.1 Members can view their accumulated total Bonus Points in their account by logging on to the Member's Account on the MTR Club Web page or through mobile applications using the Username and Password they selected when completing the membership registration form, or at Club Member Service Points located at designated MTR stations by logging on to Member's Account either by entering his/her Username and Password or by waving his/her Octopus at the Octopus reader and entering his/her Password. Members cannot check the Bonus Points in their accounts at any Customer Service Centre or Enquiry Processor operated by the MTR Corporation.

5.2 Bonus Points accrued to a Member's Account cannot be transferred to any other Member's Account, except as expressly stipulated in these Rules, and cannot be accumulated with Bonus Points accumulated in any other Member's Account, even if such account belongs to the same Member.

5.3 Members are responsible for keeping the MTR Club up to date as to their correct email address. The MTR Corporation is not responsible for any loss as a result of a Member's failure to notify the MTR Club a change of email address.

6 BENEFIT REDEMPTION

6.1 Members may only redeem benefits at the MTR Corporation outlets designated in the notification sent to the Member pursuant to Clause 6.1.

6.2 To claim a benefit, a Member must:
a) show their Octopus when required; and
b) complete and sign an authorization form to authorize another person to claim a benefit on behalf of the Member (if applicable).

6.3 Not all Members will be eligible to participate in all Promotions and the MTR Corporation may from time to time impose age and other limitations on the rights of Members to participate in any particular Promotion.

7 LOST OR MALFUNCTIONING OCTOPUS

7.1 If a Member's Octopus is lost or stolen or fails to function properly during any Promotion Period, the Member can continue to accumulate Bonus Points in the same Member's Account by registering another Octopus under that Member's Account. This is done by editing the Memberˇ¦s Octopus information at any Club Member Service Points. To claim a benefit or redeem a reward, Members must present the registered Octopus which is the same as that shown on the registration form or username on the Member's Account profile.

7.2 A member is not entitled to refund of any remaining value of the Octopus from the MTR Corporation in the event that a member's Octopus is lost or stolen except where the member holds a Personalised Octopus i.e. where only the passenger identified in the electronic data of the Personalised Octopus can use that Octopus. The status of a Member's Octopus shall not be changed automatically to that of a Personalised Octopus by registering with and becoming a member of the MTR Club.

8 DATA PRIVACY

The membership with the MTR Club is also governed by our Personal Information Collection Statement ("PICS") which is incorporated into this Agreement by this reference.Please read our PICS to understand our privacy policy.

9 LIMITATION OF LIABILITY

9.1 The MTR Corporation shall not be liable to any Member for any indirect or consequential loss, damage or expense of any kind whatsoever arising out of or in connection with the MTR Club and/or the provision or the refusal to provide any benefits, including but not limited to the misuse of personal data, or fraud by any person in redeeming a benefit, whether such loss, damage or expense is caused by negligence or otherwise, and whether the MTR Corporation has any control over the circumstances giving rise to the claim or not.

9.2 The MTR Corporation's liability in contract, tort or otherwise with respect to any claim arising in respect of acts or omissions relating to the Club shall be limited to re-crediting the value of the Bonus Points redeemed by the Member in connection with which the matter arises.

9.3 The MTR Corporation will not be liable for any loss arising from the failure or defect of any product or service of the MTR Corporation or of any other organisation participating in a Promotion in respect of which a benefit has been redeemed by a Member.

9.4 All oral questions regarding a particular promotion will be addressed by the MTR Club hotline at telephone number (852) 2993 4375. For written complaints and suggestions, please direct all correspondence to our MTR Headquarters address listed in Clause 10.1. The decision of the MTR Corporation in respect of any such complaint or dispute shall be final and binding on the Member and the MTR Corporation shall not be required to give any reason for such decision.

10 NOTICES

10.1 Notices or other communication made in respect of under these Rules shall be made as follows:

a. in the case of notification to the MTR Corporation in writing and sent by facsimile, personal delivery, or post to the addressee at the address listed below, or at such other address as the MTR Corporation may nominate from time to time.

MTR Corporation Limited/MTR Club
Address: MTR Headquarters Building
Telford Plaza, Kowloon Bay
Kowloon, Hong Kong
Facsimile: (852) 2798 8822

b. and in the case of a Member by email to their registered email address.

10.2 An email will be deemed to have been received in the case of any Member when it has been accepted by the information system (as defined in the Ordinance) nominated by the Member. For the avoidance of doubt, a Member shall be deemed to have nominated the information system described as part of the email address nominated by the Member on the registration form when applying for membership of the MTR Club.

10.3 The provisions of Section 19 of the Ordinance do not apply to any notifications relating to these Rules that are sent by email.

11 PARTIAL INVALIDITY

11.1 The illegality, invalidity or unenforceability of any provision of these Rules under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

12 WAIVER

12.1 No waiver of any breach under these Rules will amount to a waiver of any other breach.

13 LAW AND JURISDICTION

13.1 These Rules and the relationship between the MTR Corporation and each Member are governed by the laws of Hong Kong. By participating in the MTR Club each Member submits to the non-exclusive jurisdiction of the Hong Kong courts.

13.2 MTR Corporation and each Member do not intend that any term of these Rules should be enforceable, by virtue of the Contracts (Rights of Third Parties) Ordinance, by or against any entity or person who is not a party to these Rules.

 

July 2016