Terms & Conditions

Effective from 29th April, 2024
TERMS AND CONDITIONS FOR GOLD CARD MEMBERSHIP OF HENDERSON CLUB
(applicable to all Henderson Club Gold Card members)
PLEASE NOTE
The Gold Card Membership (“Membership”) is a tier of membership of Henderson Club (the “Club”), which is offered and operated by Henderson Club Limited (“HCL”). These Terms and Conditions are binding on all members of the Membership (“Member(s)”). These Terms and Conditions constitute a contract between HCL and each Member that governs matters relating to the Membership. You should read these Terms and Conditions carefully before registering for Membership. Your registration for Membership represents your acceptance of these Terms and Conditions and you will be bound by them upon approval of your application.

OFFERING AND OPERATION OF THE CLUB AND MEMBERSHIP

HCL has discretion in offering and operating the Club and Membership in such manner as it considers appropriate from time to time. HCL has the right to specify and vary the features of the Club and Membership and other matters relating to them with or without giving notice or reason. These features and matters include the following:

(a)Designate the admission criteria for the Membership;

(b) How a registration for Membership should be made (including the channels and means for making application);

(c) Offer to Members benefits and privileges of any type and nature and in any manner (including through electronic means) as it considers appropriate (“Membership Benefits”) and prescribe the terms and conditions governing the supply and use of the respective Membership Benefits;

(d) Enter into any cooperative arrangement with any person (each, an “HCL Partner”) for the purposes of the Club or Membership. HCL Partners may include retail merchants, service providers, real estate developers, financial institutions, credit card issuers, charitable bodies and non-profit making organisations which provide Membership Benefits or participate in any promotional campaign or other events or activities relating to the Club. An HCL Partner may or may not be a subsidiary. associated or related company of Henderson Land Development Company Limited (Henderson Land Development Company Limited and all of its subsidiaries, associated and related companies collectively, “Henderson Land Group”);

(e) Prescribe expiration date for any Membership;

(f) Vary, suspend or terminate any Membership or Membership Benefits; and

(g) Vary, suspend or terminate any Membership.

To register as a Member, the applicant must:

(a)Be a natural person attaining 18 years old or above; and

(b) Register for Membership via the Membership registration e-form on the website of the Membership at https://www.gold.hldclub.com (“Membership Website”) and provide the necessary information on the Membership registration e-form (which may include, among other things, the applicant’s name, prefix, month of birth, address, age group, a valid email address and a valid Mainland China, Hong Kong or Macau mobile phone number which can receive SMS.

Each person may only register one Membership account, and each mobile phone number may only register one Membership account. All duplicate registrations will be automatically rejected and not be processed.

HCL is entitled to approve or reject a registration for Membership without giving any reason.

Once a Membership is registered, a Member may change his contact method registered with the Membership (including his address, email address and mobile phone number) by logging into his account on the Membership Website. Other personal information registered with the Membership (such as the name, title and month of birth) may not be changed through the Membership Website due to the limitations of our system. To change any personal information (such as the name, title and month of birth) which has been registered incorrectly, the Member may email the correct information to info@hldclub.com, or request for termination of his existing Membership in accordance with paragraph 21 below and upon such termination becoming effective, re-register a new Membership by use of the correct personal information.

Membership does not give a Member any voting or other right relating to (i) the constitution, operation or management of HCL and/or the Club or (ii) any assets or properties of HCL and/or the Club.

MEMBERHSIP CARD

A membership card will be issued to each Member (“Membership Card”) only in virtual, electronic and/or digital form by HCL. No physical or paper form of the Membership Card will be issued. The Membership Card is the property of HCL.

A Member must present his Membership Card when he wishes to claim Membership Benefits. HCL and the HCL Partners are entitled to assume without proof that the bearer of a Membership Card is the Member named thereon but reserve the absolute right to request such bearer to additionally or instead provide his official identification document and any other identification documents and/or state certain of his personal information for verification purposes. The documents and the personal information requested may differ between HCL and the HCL Partners.

Membership and Membership Card are for your personal use only and are not transferable.

MEMBERSHIP BENEFITS

You may enjoy Membership Benefits subject to the terms and conditions applicable to the relevant Membership Benefits. As regards any Membership Benefits, if there is any inconsistency between the terms and conditions applicable to such Membership Benefits and these Terms and Conditions, the former shall prevail.

A Member must present the offer page of a Membership Benefit for using the Membership Benefit before payment (if applicable).

HCL has the right to revise, withdraw or terminate any Membership Benefits without giving notice or reason.

HCL is not responsible for the refusal of any persons including any HCL Partners to accept the Membership Card or provide Membership Benefits. HCL is also not responsible for any facilities, services, products, benefits or privileges provided by any such persons to you.

You should use or enjoy your Membership and Membership Benefits in good faith and in a responsible manner. You should not use your Membership, any Membership Benefits or any information or documents provided or procured by HCL for any commercial purpose or in any contentious, immoral, illegal or other inappropriate manner.

Membership Benefits are not in any way exchangeable for cash or other rewards.

YOUR DUTY TO TAKE SECURITY MEASURES

You are responsible for taking reasonable steps to safeguard your Membership account and any security information (including personal identification number, password, passcode or other identification credentials) designated to control access or use of the Membership account and Membership Benefits.

EXCLUSION OF LIABILITY

HCL is not responsible to you or any other person for any loss, damage, injury, costs, charges or expenses of any kind which may be suffered or incurred as a result of or in connection with the use of your Membership or any Membership Benefits unless caused directly and solely by any negligence or wilful default of HCL or any of its officers or employees.

In no circumstances will HCL be responsible to you or any other person for any indirect, incidental, special or consequential loss (including any loss of benefits or property damage) arising from or in connection with its providing, or failure or delay in providing, the Membership or any Membership Benefits.

FEES AND EXPENSES

No fee will be charged for joining the Membership.

AMENDMENT OF TERMS AND CONDITIONS

HCL has the right to amend these Terms and Conditions from time to time by giving notice to you in any manner it considers appropriate. If HCL does not receive your request to terminate your Membership with effect before the effective date of the amendments, you shall be bound by such amendments.

TERMINATION OF MEMBERSHIP OR THE CLUB

Termination of Membership by you

(a) Subject to Clause 21(b) below, you may terminate your Membership at any time by giving HCL at least 21 days’ advance notice in writing.

(b) HCL will notify you of the effective date of termination of your Membership as soon as reasonably practicable.

Termination or suspension of Membership by HCL

(a) HCL has the right, if it considers reasonable or appropriate, to terminate or suspend your Membership at any time. These cases may include your failure to perform your obligations under these Terms and Conditions or otherwise in relation to your Membership, or your conduct, behaviour or inaction having actual or potential adverse effect on HCL and/or the Club or being or is likely to be prejudicial to the interests of HCL and/or the Club. Any decision of HCL to terminate or suspend your Membership is final, conclusive and binding on you.

(b) Without reducing or limiting HCL's right in Clause 22(a) above, HCL may terminate your Membership by giving you reasonable advance notice in writing without giving any reason.

Termination or suspension of the Club or the Gold Card Membership by HCL HCL has the right to terminate or suspend the Club or the Gold Card Membership at any time if it considers reasonable or appropriate without giving reason. HCL may where practicable (but is not under any obligation to) give reasonable advance notice to the affected Members.

Consequences of termination or suspension

(a) Neither HCL nor any of its shareholders, directors or other officers is liable for any claim or compensation of any nature to you or any other person in connection with termination or suspension of your Membership, the Gold Card Membership or the Club.

(b) Upon termination or suspension of your Membership, the Gold Card Membership or the Club, your Membership Benefits and the Membership Benefits of the affected Members will be terminated subject to any alternative arrangement as HCL may specify in its discretion.

(c) Even after your Membership is terminated (whether by you or by HCL) or suspended for any reason, you remain responsible for performing your obligations relating to your Membership which have accrued before termination or suspension. You continue to be bound by these Terms and Conditions to the extent that they relate to such obligations.

PERSONAL DATA

You understand and agree that your personal data may be collected, compiled, used and disclosed by HCL for such purposes and to such persons in accordance with HCL's personal data policies as set out in notices, statements or terms and conditions which may be provided by HCL from time to time.

SEVERABILITY OF TERMS AND CONDITIONS

The provisions of these Terms and Conditions are severable from one another. If at any time one or more of the provisions is or becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.

THIRD PARTY RIGHTS

No person other than you and HCL (including any successor or assign of HCL) has any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these Terms and Conditions.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China. You and HCL submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region of the People's Republic of China.

GOVERNING VERSION

The English version of these Terms and Conditions prevails if there is any inconsistency between the English and Chinese versions.

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