Terms and Conditions

Terms & Conditions for EVERJOY CLUB

The EVERJOY CLUB is a customer loyalty programme provided by ESD Services Limited and Hutchison Travel Limited (together referred to as "we"' "our" or "us").

These Terms and Conditions are last updated on the Effective Date and form the agreement between you on one part and us on the other part.

We may make changes to these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions will be available on the EVERJOY CLUB Website and/or EVERJOY CLUB App. You accept and agree to be bound by these Terms and Conditions upon your access to or use of any information on the EVERJOY CLUB Website and/or EVERJOY CLUB App.

Definitions
Under these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:
1. "EVERJOY CLUB Support Team" mean the team providing support to the Programme.
2. "Effective Date" means 5^th November 2024 09:00.
3. "EVERJOY CLUB App(s)" means the mobile application(s) of the Programme.
4. "EVERJOY CLUB Website(s)" means the website(s) of the Programme.
5. "Member" means a member of the Programme.
6. "Net Purchase Amount" means the net amount paid for a purchase transaction, excluding the value of any voucher, coupon, stamp or other discount used in the transaction.
7. "Our Websites" means all websites operated by us, including but not limited to www.esdlife.com, www.healthyd.com and https://www.hutchgo.com.hk/zh-hk/.
8. "Points" means the points under the Programme to be awarded to you.
9. "Programme" means the EVERJOY CLUB.
About your membership and account
1. The Programme is open to individuals aged 18 or above. If you are under 18 years old and wish to become a Member, you will need your parent's or legal guardian's consent before joining the Programme. If you are under 18 years old, you must not provide us with your personally identifiable information unless you have received the consent from your parents or guardians. We presume that every Member has the requisite capacity required for any use of any of the services provided under the Programme and you undertake and warrant to us that you have the requisite capacity. In the event it is discovered that any Member lacks the requisite capacity, we reserve the rights as may be available against such Member, or the parents or guardians of such Member, including the right to be indemnified by them against all the loss or damage suffered by us as the result of the said lack of capacity or to cancel their registration and terminate their access to the EVERJOY CLUB Website and/or EVERJOY CLUB App.
2. To join the Programme, you need to input the required information through the EVERJOY CLUB Website or EVERJOY CLUB App. You undertake to (a) provide true, accurate, current and complete personally identifiable information about yourself as required, and (b) maintain and promptly update your personally identifiable information to keep it true, accurate, current and complete. If you provide any personally identifiable information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse your registration, suspend or terminate your account.
3. The registered mobile phone number shall be owned by the individual registering the account. Each member can only register one account with a single mobile phone number. Any duplicate phone number registrations or individuals having multiple accounts will not be accepted. We reserve the right to immediately suspend or terminate the membership of such individuals and cancel all accumulated Points and eligibility for redeeming any rewards without prior notice.
4. We may decline your application under applicable circumstances as may be determined by us in our sole discretion.
5. Loss of record or malfunction of your account:
  1. If your account malfunctions due to no fault of yours, please contact the EVERJOY CLUB Support Team. Subject to our sole discretion, you may recover your Points.
  2. You should notify the EVERJOY CLUB Support Team immediately if your account has been used by others. We are not responsible for any loss (including but not limited to Points, vouchers, stamps, and coupons) suffered by you in relation to loss of your mobile device and we reserve the right not to re-issue your Points to you in case of lost / stolen mobile device or other non-recoverable account.
  3. Where applicable, in determining the available balance of the Points to be recovered from the loss of your mobile device or recoverable account, the records held by us shall be conclusive evidence of the available balance of the Points.
6. To ensure the security of your account, you should not share your account with others for their use.
7. If you wish to cancel your membership, you need to contact the EVERJOY CLUB Support Team. Your Points will be forfeited upon cancellation.
8. The Points cannot be purchased, on-sold, transferred, redeemed or exchanged for cash. If we have reasonable suspicion that any of your Points are purchased, transferred, redeemed, or exchanged for cash or that you are selling, transferring or exchanging your Points for cash, we reserve the right to temporarily suspend or terminate yours and other related Members' membership. In such cases, any unused Points and unclaimed rewards may be cancelled or forfeited or voided for no value without further notice.
9. You must not tamper with the data recorded in your account in any way. We will not honour any transactions and any benefits, including the Points, if your account has been tampered with. We have the right to claim and recover all costs, expenses, losses and damages suffered or incurred by us as a result of your altering or interfering, or allowing a third party to alter or interfere, with the data in your account.
10. At any time at our sole discretion without prior notice to you, we may (a) adjust, withdraw or cancel any rewards, cash discounts, gifts or benefits including the Points awarded or to be awarded to you; (b) suspend or stop providing any rewards, cash discounts, gifts or benefits to you; and (c) terminate your membership.
Earning Points
1. The Members are entitled to earn the relevant Points upon successful registration and transactions. Please refer to Our Websites and/or the EVERJOY CLUB Website and/or EVERJOY CLUB App for the details of the Points entitlement.
2. The Points may be calculated based on transaction value or the Net Purchase Amount. The Points will be awarded at different rates in different transactions with us, which may be updated from time to time without prior notice. Please refer to Our Websites and/or the EVERJOY CLUB Website and/or EVERJOY CLUB App for further details.
3. Unless otherwise specified under particular transactions, the Points will be awarded within 3 working days after payment is made. However, for certain transactions, the Points may only redeemable upon the fulfilment of the product/service. You may check your balance of your Points by logging on to Our Website.
4. The Points will not be awarded in decimals and will be rounded-downed to the nearest integer.
5. Points earned within the current calendar year shall expire on 31_st December 31st of the following year.
6. The Points may not be issued for certain products, services or activities, or when you are entitled to some other benefits or when you are also a member of other programmes. Please refer to Our Websites and/or the EVERJOY CLUB Website and/or EVERJOY CLUB App for further details.
7. The Points issued during one-off promotions or activities may be governed by the rules of such specific promotion or activity.
Redeeming Points
1. Upon accumulating certain number of Points awarded to you, you may use your Points to get cash discounts on your purchases or redeem gifts. The redeeming rates vary in different transactions with us. Please refer to Our Websites and/or the EVERJOY CLUB Website and/or EVERJOY CLUB App for the details of the redemption.
2. Any additional charge or fee incurred in relation to any goods or services purchased or refunded in a transaction, including but not limited to cancellation fee, handling fee and rebooking fee, whether or not collected by us or third parties, can only be settled in cash.
Refund
1. In case you are entitled to a full refund in relation to any goods or services purchased in a transaction, the Points awarded for that purchase will be deducted from your account and the Points used for that purchase may or may not be returned to your account when the refund is made. Please refer to Our Websites and/or the EVERJOY CLUB Website and/or EVERJOY CLUB App for the details of the refund.
2. In case you are entitled to a partial refund in relation to any goods or services purchased in a transaction, the Points awarded for the refunded item(s)/amount will be deducted from your account when the refund is made.
Mobile channel
1. In respect of the mobile channel, you acknowledge that the designated mobile telecommunication devices are able to access only certain Internet addresses, that you can only view documents the formats of which are supported by our designated software and that certain pop-up windows may not be supported and you acknowledge that any alteration, reconfiguration or similar acts done to the relevant mobile telecommunication devices (including the hardware and software contained therein) would result in the alteration of the said design and may cause the services under the Programme to be disrupted and/or become inaccessible.
2. You understand and acknowledge that we are not the manufacturer of the relevant mobile telecommunication devices nor a wireless telecommunication service provider and we shall, in no event, be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages resulting from (a) the access or failure to access the mobile channel via the relevant mobile telecommunication device; and (b) any damage or loss of data to your mobile telecommunication device.
Intellectual property right and copyright
1. Unless otherwise stated, all rights in the EVERJOY CLUB Website and/or EVERJOY CLUB App are owned by or licensed to us. Our trade or service marks may not be copied, scraped, imitated or used, in whole or in part, without our prior written permission. Nothing in these Terms and Conditions should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any of our trade or service marks. We reserve the right to terminate the registration or the membership of any individual upon notice of any infringement of the copyrights or other intellectual property rights of us or others in conjunction with use of the EVERJOY CLUB Website and/or EVERJOY CLUB App.
2. Other company, product, service names and logos used and displayed in the EVERJOY CLUB Website and/or EVERJOY CLUB App may be owned by their respective owners and protected under the intellectual property laws. If you download, copy, transmit, publish, store or otherwise use such rights without the consent of the owner of such rights, you may infringe such intellectual property laws or rights. It is your responsibility to determine whether any such infringement will occur.
3. If you are a copyright owner, or authorized to act on behalf of a copyright owner or the owner of any exclusive right under copyright, please report your notice of infringement of such copyright that you believe is occurring or has occurred on the EVERJOY CLUB Website and/or EVERJOY CLUB App by delivering the same to us at Unit 1209, 12/F Two Harbourfront, 22 Tak Fung Street, Hunghom, Kowloon, Hong Kong.
Links to other websites
1. The EVERJOY CLUB Website and/or EVERJOY CLUB App may contain links to other sites or pages on the World Wide Web, which are not maintained or controlled by us and for which we are not responsible. When you activate any such links, you leave the EVERJOY CLUB Website and/or EVERJOY CLUB App and access such sites or pages at your own risk and we shall not be responsible or liable for any contents, goods or services on or available from such sites or pages. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such sites or pages.
Merchandise
1. All merchandise, products or services offered, introduced or mentioned in the EVERJOY CLUB Website and/or EVERJOY CLUB App by third parties ("Merchandise") are not offered or provided by us. You make no reliance whatsoever on us regarding the accuracy or reliability of any of the information provided through the EVERJOY CLUB Website and/or EVERJOY CLUB App concerning such Merchandise. We make no and/or disclaim all representations and warranties, express or implied, with respect to availability, merchantability, fitness for a particular purpose, any implied warranties arising from course of performance or course of conduct in relation to the Merchandise. We shall not be responsible and shall in no event be liable for any damages whatsoever, including, without limitation, costs of procurement of substitute goods or services, lost profits, lost data or any direct, indirect, special, punitive, incidental, exemplary or consequential damages relating to the unavailability, use, inability to use, performance or non-performance of the Merchandise that is offered, introduced, mentioned or provided in or via the EVERJOY CLUB Website and/or EVERJOY CLUB App.
Disclaimers and warranties
1. THE EVERJOY CLUB WEBSITE AND/OR EVERJOY CLUB APP, INCLUDING ALL SERVICES AND CONTENT THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF SUITABILITY, MERCHANTABILITY, SAFETY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THAT THE EVERJOY CLUB WEBSITE AND/OR EVERJOY CLUB APP ARE FREE FROM INTERRUPTIONS, ERRORS, VIRUS OR OTHER INACCURACIES.
2. WE SHALL, IN NO CIRCUMSTANCES, BE LIABLE IN WHOLE OR IN PART FOR YOUR INABILITY TO GAIN ACCESS TO THE SERVICES PROVIDED UNDER THE PROGRAMME DUE TO THE DELAY OR FAILURE OF ANY COMMUNICATION NETWORKS OR ANY PARTY PROVIDING SUCH ACCESS.
Limitation of liability
1. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES PROVIDED UNDER THE PROGRAMME; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENTS, OTHER INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO UNDER THE PROGRAMME; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR PERSONALLY IDENTIFIABLE INFORMATION; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE PROGRAMME; (V) THE USE OF THE EVERJOY CLUB WEBSITE AND/OR EVERJOY CLUB APP; OR (VI) ANY OTHER MATTER RELATING TO THE PROGRAMME.
2. OUR LIABILITY, IF IT IS SO HELD LIABLE DESPITE THE TERMS HEREIN, TO THE MEMBER IN RELATION TO THE PROGRAMME SHALL BE LIMITED TO THE AMOUNT OF THE RELEVANT TRANSACTION OR THE DIRECT DAMAGES SUSTAINED, WHICHEVER IS LESS.
Others
1. In the event that your account is not used or your account has no activity for a period of three (3) years, we may deactivate or cancel your account and all your accumulated Points may be forfeited.
2. We may provide you with new services under the Programme from time to time, and these new services will be governed by these Terms and Conditions and the terms and conditions of the respective services.
3. If we are going to suspend or terminate the Programme, we shall give you reasonable prior notice by sending you an email and/or publishing it on the EVERJOY CLUB Website and/or EVERJOY CLUB App if practicable. You agree that we shall not be liable to you for the suspension or termination of the Programme.
4. If you breach or we have reasonable grounds to believe that you have breached these Terms and Conditions, we may suspend or terminate your membership and seek to recover any damages that your breach may have caused to us.
5. You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, fees and expenses arising from your breach of these Terms and Conditions or negligence.
6. In case of any discrepancy between the English and Chinese version of these Terms and Conditions, the English version shall prevail.
7. These Terms and Conditions shall be governed by, and construed in accordance with, the laws of Hong Kong. Any claim you might have against us shall be brought before the courts of Hong Kong.