GENERAL BUSINESS TERMS AND CONDITIONS FOR LYONESS MEMBERS (HONG KONG)
As amended: February 2015
0. Contractual Parties and Legal Relationship
0.1 Lyoness Asia-Pacific Limited (a company incorporated under the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) with Company Number 1619260, registered office address: Suite 2607-12, 26/F, Tower 2, The Gateway, Harbour City, Tsim Sha Tsui), operates an international shopping community in the Asia-Pacific region, which enables the participants (”Members”), to receive benefits ("Lyoness Loyalty Program") through the purchasing of goods and services from various merchants who have contractual relationship with Lyoness Asia-Pacific Limited ("Loyalty Merchants"). A person becomes a Member by applying for Membership in the Lyoness Loyalty Program and upon Lyoness approving such application in accordance with the terms of these General Business Terms and Conditions for Lyoness Members (“GTCs”). Upon becoming a Member and whilst being a Member, the Member agrees to be bound by the terms of these GTCs (including all recital, clause, schedule, annexure or exhibit thereto) and in consideration of the foregoing Lyoness Asia-Pacific Limited enables the Member to participate in the Lyoness Loyalty Program in accordance with these GTCs. These GTCs (including all recital, clause, schedule, annexure or exhibit thereto) form a legally binding agreement (“Agreement”) between Lyoness Asia-Pacific Limited (“Lyoness”) and the Member.
0.2 All acts of Lyoness under these GTCs may be carried out by its subsidiary company Lyoness Hong Kong Limited (a company incorporated under the laws of Hong Kong with Company Number 1685048) on Lyoness’ behalf.
0.3 Unless otherwise stated in these GTCs, words and expressions have the interpretation assigned to them in accordance with the Annex to these GTCs.
1. Subject of the contract
1.1 The goods and services obtained by a Member from Loyalty Merchants ("Purchases") shall be recorded in the Lyoness Loyalty Program in order for the Member to obtain any benefits offered by the Lyoness Loyalty Program in accordance with these GTCs, and must be recorded in one of the following ways: Lyoness Cashback Card, Loyalty Merchant Vouchers as well as Online Shopping. These possible ways in which Purchases can be recorded are described in more details under Clause 4.3.
1.2 The Member is entitled, in accordance with and subject to these GTCs, to participate in the Lyoness Loyalty Program and to Member Benefits and the Friendship Bonus. The Member can recommend the Lyoness Loyalty Program to other natural persons and recommend the said natural Persons as members. The Member is not authorized to recruit companies within the meaning of Clause 3.4.4 as members. The Member is not under any obligation to recommend and recruit any new Members and only does so voluntarily.
2. Application for Membership
2.1 Upon approval of an application for Membership by Lyoness in accordance with these GTCs an applicant becomes a Member and receives a personal, non-transferable identification number ("Membership ID" or “Member ID”). This entitles him to participate in the Lyoness Loyalty Program (but does not make him a member of any registered or unregistered club, society or association - see Clause 18.2 below).
2.2 An applicant shall apply for Membership by using either the Friendship Flyer, online registration, or other methods for local registration with a Loyalty Merchant provided by Lyoness, and must be registered under another existing Member (the Recommender), except in the circumstances stipulated in Clause 2.3 below.
2.3 An applicant may apply for Membership online without being registered under any person (without any Recommender) (“Open Registration”). Upon approval of his application by Lyoness the applicant will become a Lyoness Member in accordance with these GTCs but any Friendship Bonus that would have been paid to his Recommender and/or the Recommender of his Recommender, had there been any, arising from purchases made by the Member and/or his 1st Level Members will not be paid out. The Member may subsequently register under another existing Member as his Recommender in accordance with the procedure and guidelines as stipulated by Lyoness from time to time, and in this case his Recommender and, if any, the Recommender of his Recommender will be entitled to the respective Friendship Bonus for purchases made by the Member and/or his 1st Level Members following the registration of the Recommender (and/or the Recommender of his Recommender).
2.4 The Member declares that the personal information provided by him to Lyoness (subject to any personal data privacy legislations applicable) is true and accurate to his/her belief and shall indemnify Lyoness and keep Lyoness harmless of all loss and damages and claims by any third parties as a result of the provision by the Member of inaccurate/false information. The Member undertakes to inform Lyoness without undue delay of any possible changes to the personal information provided (in particular residential address, E-Mail address, bank account details, telephone number etc.).
2.5 For every natural person or legal entity, only a single registration of Membership is, in each case, permissible (i.e. one membership ID). Registration must be accompanied by the provision of the residential or registered office address of the Member. Lyoness may terminate the most recently registered duplicate Membership with immediate effect and to deny payment or claim for reimbursement of any Member Benefits and Friendship Bonuses associated with the duplicate Membership.
2.6 An applicant must register for Lyoness Membership applicable for the country/jurisdiction in which he ordinarily resides or his registered office address is situated.
3. Member’s Obligations
3.1 No employment, partnership, joint venture, service or agency relationship whatsoever (in particular no association membership) shall be established between Lyoness (including its parents, subsidiaries and affiliates) and the Member. Participation in the Lyoness Loyalty Program and the recommendation of further Members are a Member’s self-employment and the sole act of the Member acting legally independent from Lyoness.
3.2 The Member shall only be entitled to Member Benefits and the Friendship Bonus. The Member shall not be entitled to receive payments, benefits, or any other kinds of rewards beyond the Member Benefits and Friendship Bonus prescribed by these GTCs. The Member shall not be entitled to the reimbursement of expenses incurred by him/her in participating in the Lyoness Loyalty Program or in recommending other Members.
3.3 The Member shall not be authorized to represent Lyoness (including its parents, subsidiaries or affiliates) or Loyalty Merchants or hold out as a representative or agent of Lyoness (including its parents, subsidiaries or affiliates) or Loyalty Merchants, and in particular not to make or accept statements towards other members within the framework of the Lyoness Loyalty Program and/or for the purpose of recruitment of new Members. The Member is not entitled to receive cash money or to carry out the collection of funds on behalf of Lyoness. If a Member violates this Clause 3.3 Lyoness may terminate his/her Membership immediately.
3.4 The Member shall not be permitted, without the prior written consent of Lyoness, to:
3.4.1 use logos, letterheads, trademarks, writings, slogans, domains, or other intellectual properties of Lyoness (including its parents, subsidiaries, and affiliates) or of Loyalty Merchants, whether such intellectual properties are registered or not (“Lyoness/Merchant IPs”), including incorporation of any of the Lyoness/Merchant IPs in any materials (electronic or printed) or media, whether published or not, in any form, as is or altered or similar in appearance to the Lyoness/Merchant IPs;
3.4.2 prepare business cards, presentations, videos, audio files, screenshots, web content, media content, flyers, prospectuses, websites, APPs, advertising materials, bulk mail, mailings, homepages, or any other materials relating to and making reference to Lyoness (including its parents, subsidiaries and affiliates) or to the Lyoness Loyalty Program, and having them disseminated in written or electronic form or in another manner or otherwise making them available to the public (e.g. on internet sites such as for example Facebook or Youtube);
3.4.3 carry out events, such as for example information events, workshops, seminars, etc. relating to and making reference to Lyoness or to the Lyoness Loyalty Program; or
3.4.4 recruit, as Loyalty Merchants or as Members, retailers, wholesalers and other traders, as well as other companies offering goods or services for final consumers, including gas/petrol stations, franchisees and department stores, to conduct negotiations or to pursue advertising activities of any kind for the recruitment of such companies, in particular on the premises of the company or in the vicinity of said company.
4. Lyoness Loyalty Program
4.1 By making Purchases from Loyalty Merchants, the Member shall acquire Member Benefits in accordance with these GTCs (The Cashback as well as Shopping Points). The Recommender of this Member and the Recommender of his Recommender shall each receive the Friendship Bonus for Purchases made by the Member in accordance with these GTCs, subject to Clause 2.3 above. If the Member has other Members registered under him (the Member being a Recommender himself/herself), the Member will also receive Friendship Bonus for Purchases made by the first and second level Members recruited by him/her, in accordance with these GTCs. The Member Benefits and the Friendship Bonus as well as their prerequisites are described in more detail under Clause 8.
4.2 Calculation and amount of Member Benefits and Friendship Bonus are based on Lyoness’ agreements with individual Loyalty Merchants. Current Loyalty Merchants, including the amount of Member Benefits that are granted in each case, can be viewed at www.lyoness.com.
4.3 As aforementioned in Clause 1.1 above, the Member has the following ways and must use one of the following ways for the recording of his Purchases.
4.3.1 Cashback Card: The Cashback Card is available as a paper card, a plastic card or as a virtual card via the Lyoness mobile App. It is not a means of payment but rather serves solely for the recording of Purchase data.
4.3.2 Prepaid Lyoness MasterCard®: The prepaid Lyoness MasterCard® is a payment card with Cashback Card function (prepaid debit card) that is provided in cooperation with a payment card service provider (MasterCard®). Separate and additional terms and conditions are applicable for the application for and usage of a prepaid Lyoness MasterCard®.
4.3.3 Vouchers: Vouchers are original vouchers or gift cards or electronic vouchers (to be printed out or downloaded as online voucher codes) issued by the Loyalty Merchants. Detailed rules concerning Vouchers can be found under Clause 6.
4.3.4 Online Shopping: With Online Shopping the Member can:
126.96.36.199 log-in at www.lyoness.com with his access data and then select the Online Shop of the desired Loyalty Merchant; or
188.8.131.52 access the Online Shops via another online channel, apps, software or tools that is provided by Lyoness for the recording of Purchase data and directly make Purchases in the Online Shop of the Loyalty Merchant. The Purchases can only be recorded if the system used by the Member during the Purchasing process permits cookies and when an Ad Blocker or Script Blocker has not been deployed. Detailed rules concerning Online Shopping can be found under Clause 5.
4.4 In the cases dealt with under Clauses 4.3.1 and 4.3.4 the Loyalty Merchant transmits the recorded Purchase and/or billing data to Lyoness for the calculation of the resulting Member Benefit. The same is applicable for Clause 4.3.3, i.e. for Vouchers, so long as these were purchased from an external Voucher Selling Point. If the Vouchers were ordered from Lyoness directly, Lyoness shall record the Purchase data itself and use the data as a basis to calculate the Member Benefits. In the case of Clause 4.3.2, the payment card service provider shall transmit the Purchase data to Lyoness for the calculation of the resulting associated Member Benefits.
5. Online Shopping
5.1 Members should inform themselves concerning online shopping at www.lyoness.com with the FAQ section under the point Online Shopping.
5.2 If any legislations on distance selling apply, the credit from Member Benefits as well as from the Friendship Bonus from Online Shopping Purchases pursuant to Clause 8.4. does not accrue unless any cooling-off period or right of withdrawal under such legislations has expired and that the Member has not exercised his right.
5.3 The Member is only entitled to Member Benefits for Purchases made in the Online Shops of Loyalty Merchants, which are listed, pursuant to www.lyoness.com, for the country/jurisdiction in which the residential or registered office address of the Member (according to the latest record of Lyoness) is located. The same is applicable to the Friendship bonus.
5.4 Lyoness has no control over the websites of Online Shops of Loyalty Merchants or any third parties linked thereto by the Lyoness website, and shall not be liable for any contents contained in such websites/Online Shops.
6. Ordering of Vouchers
6.1 Original Vouchers and/or Gift Cards and electronic vouchers (voucher codes) (hereinafter referred to together as "Vouchers") are Vouchers issued by the Loyalty Merchants, which can only be used for Purchases from the Loyalty Merchant which issued the respective Voucher. The equivalent value of an individual Voucher corresponds to the amount portrayed/illustrated on the Voucher (“Face Value”). Vouchers may neither total nor in part be redeemed for cash.
6.2 Vouchers can be ordered from Lyoness in writing (by using a specified form by Lyoness or another other forms directed by Lyoness), by telephone or online or purchased locally from external Voucher Selling Points. Lyoness shall provide the Voucher following payment in full, which can then be used to make Purchases from the corresponding Loyalty Merchants. Lyoness reserves the right to reject orders for Vouchers at its absolute discretion without any reasons. Lyoness may specify any minimum order amount. Lyoness has no control over the Face Value or the denominations of each Voucher as Vouchers are issued and printed by Loyalty Merchants.
6.3 Vouchers ordered from, and provided by Lyoness to the Member can, in each case, only be redeemed at the Loyalty Merchant that was stipulated by the Member when ordering the Voucher, and which is correspondingly indicated on the Voucher. Upon redemption of the Voucher by a Member at a Loyalty Merchant, the Member is entering into a sales and purchase contract with the respective Loyalty Merchant for the sale and purchase of goods and services from that Loyalty Merchant. Lyoness shall not be responsible whatsoever for such sale and purchase of goods and services and the process of redemption of Vouchers between the Loyalty Merchant and the Member subject to Clause 6.4 below.
6.4 Vouchers purchased directly from Lyoness cannot be returned and payments made cannot be refunded, subject to Clauses 6.4.1 and 6.4.2 below.
6.4.1 Lyoness endeavours to keep Vouchers purchased directly from Lyoness free from defects, that is, that the Vouchers can be redeemed at the respectively Loyalty Merchant. If the Member is unable to redeem the Voucher at the Loyalty Merchant, he/she can exchange the Voucher with Lyoness for a Voucher from another Loyalty Merchant (whereby the Member Benefits and Friendship Bonus can change, because of the differing agreements made with Loyalty Merchants, see Clause 8.3.). If the Member is not interested in having a different Voucher, he can request reimbursement of the amount paid. In this instance, insofar as Member Benefits were granted, these must be returned by the Member. Granted Friendship Bonuses must also be returned, if a directly or indirectly recruited Member exercises his rights in accordance with this Clause 6.4.1. Nothing herein shall exclude any statutory implied terms stipulated by any applicable product liability laws insofar as the Vouchers are viewed as a “product”.
6.4.2 If a Member is entitled to a right of withdrawal under any applicable distance selling legislations or cooling-off period under any consumer legislations with respect to a Voucher Purchase he is entitled to cancel the Voucher order and to refund of such order, in accordance with the legislations.
6.5 Title in the Vouchers shall pass to the Member upon delivery (for paper Vouchers) or successful generation of the voucher codes or electronic form of the Vouchers and the Member shall have full responsibility for the safe custody of the Vouchers. Lyoness shall assume no liability for a possible wrongful redemption in the event of loss or theft of Vouchers that the Member has collected from Lyoness, or which the Member has already received by mail or online, unless the Member reported the loss or theft to Lyoness and Lyoness omitted to carry out reasonable measures to prevent wrongful redemption.
6.6 Vouchers that have been paid for in full and sent to the Member by Lyoness are transferable free of charge, i.e. the Member may give the Voucher to any other person as a gift. A commercial resale of Vouchers for consideration is however not allowed.
7. Lyoness Vouchers
7.1 Lyoness Vouchers are vouchers issued by Lyoness itself (and not by the Loyalty Merchants). They can be acquired by Members at www.lyoness.com in the form of a voucher code and redeemed at www.lyoness.com for the purchase of Vouchers issued by Loyalty Merchants (BUT not directly for Purchases of goods and services from Loyalty Merchants) and for purchases from Lyoness of certain goods designated by Lyoness.
7.2 The minimum order value for a Lyoness Voucher is HKD 120.00. Lyoness Vouchers can be acquired with a maximum amount of HKD 12,000.00 per Lyoness Voucher. The equivalent value of the Lyoness Voucher corresponds in each case to the amount illustrated on the Lyoness Voucher. In the case of partial redemption, the original equivalent value shall be reduced by the respective redemption amount. Lyoness Vouchers may not be redeemed for cash.
7.3 Purchase of a Lyoness Voucher per se shall neither generate Member Benefits nor Friendship Bonuses; these shall only arise (in accordance with the following Clause 8) when the Member acquires a Voucher issued by a Loyalty Merchant (for goods and services provided by Loyalty Merchants) by redeeming a Lyoness Voucher at www.lyoness.com.
7.4 Lyoness Vouchers can be transferred, free of charge, to other Members and are thus particularly suited as gift vouchers. A commercial resale of Lyoness Vouchers for consideration is however not allowed.
7.5 Lyoness Vouchers can only be redeemed by Lyoness Members whose residential or registered office address (according to the latest records of Lyoness) is within the area where the currency, in which the Lyoness Voucher was issued, is officially used.
7.6 Each Lyoness Voucher is allocated a voucher code which is valid for 3 years. The 3 year term shall commence at the end of the year in which the Lyoness Voucher was acquired. Following the expiry of the voucher code, the Lyoness Voucher shall lapse and no longer be redeemable.
7.7 Lyoness Vouchers, once purchased, cannot be cancelled and refunded unless if any distance selling legislations or legislations specifying any cooling-off period apply, cannot be cancelled and refunded after such cooling-off period or withdrawal period. Clause 6.4. shall apply to Vouchers issued by Loyalty Merchants.
7.8 Purchase and usage of Lyoness Vouchers is subject to any additional terms and conditions published by Lyoness on www.lyoness.com and amended by Lyoness from time to time. The interpretation of such terms and conditions shall be in accordance with the laws and jurisdiction specified therein. If there are conflicts between these GTCs and the terms and conditions for the use of Lyoness Vouchers, these GTCs shall prevail.
8. Member Benefits from the Lyoness Loyalty Program and friendship bonus
8.1 Purchases made by the Member which are registered in the Lyoness Loyalty Program, make the Member eligible to receive Member Benefits. The Member shall, as Recommender, further receive the Friendship Bonus for Purchases made by first and second level Members recommended by him (more details concerning this forthwith in Clause 8.1.3.). The Member Benefits and the Friendship Bonus are based on the conditions contractually agreed between Lyoness and the respective Loyalty Merchants and therefore vary according to different Loyalty Merchants, industry sector and country. Member Benefits include the Cashback (described in detail in Clause 8.1.1.) and Shopping Points (described in detail in Clause 8.1.2.). The Friendship Bonus is described under Clause 8.1.3.
8.1.1 Cashback: for Purchases which are registered in the Lyoness Loyalty Program the Member shall receive up to 5 % Cashback (in some cases, a higher percentage rate may be granted). The percentage Cashback rate of the respective Loyalty Merchant shown on www.lyoness.com (Login area) at the time of the making of the Purchase shall be applicable to the Purchase. Cashback shall be paid in accordance with Clauses 8.4. to 8.6.
8.1.2 Shopping Points: for Purchases which are registered in the Lyoness Loyalty Program and made at Loyalty Merchants for which Shopping Points are assigned, the Member shall receive Shopping Points. Shopping Points can be redeemed by the Member to obtain a discount for Purchases made within the framework of special offers specified at www.lyoness.com. Further details are described in Clause 9.
8.1.3 Friendship Bonus: for Purchases made by Members (“1st Level Members”) who were directly recommended by the Member as a Recommender (persons who registered with Lyoness on the basis of the recommendation made by the Member and named the Member as the Recommender) as well as for those Purchases made by Members directly recommended by these persons themselves (indirectly recommended Members, ”2nd Level Members”), which are registered in the Lyoness Loyalty Program, the Member shall, in each case, receive up to 0.5 % of the Purchase amount from Lyoness as a Friendship Bonus. A Friendship Bonus for other indirectly recommended members beyond the second level shall not be granted. Payments of Friendship Bonuses shall take place pursuant to Clauses 8.4. to 8.6.
8.2 Lyoness reserves the right to make special offers which are different from the Member Benefits described above. Such special offers (and any governing terms and conditions relating thereto) (for example, the case may be for atypical purchases such as term-dependent mobile telephone contracts), will be published on www.lyoness.com (see following Clause 8.3.).
8.3 The Member Benefits granted in each case can be accessed in the Loyalty Merchant’s detail view at www.lyoness.com. The Member is recommended to regularly inform him or herself at the Lyoness website concerning the status of the respective conditions offered by the Loyalty Merchants. Lyoness is authorized, subject to a 4-week notice period, to amend the Member Benefits granted by the individual Loyalty Merchants as well as the Friendship Bonus, if and insofar as the conditions agreed with the Loyalty Merchants change. The Member's Member Benefit entitlement shall be calculated using those conditions that prevailed at the time point at which the Purchase was paid for in full.
8.4 The crediting of Member Benefits and of Friendship Bonuses takes place only when Purchases made by the Member have been paid for in full and that no further legal rights exist to reverse the Purchase, i.e. in particular an existing withdrawal period / cooling-off period under any distance selling legislations must have expired (the “Prerequisites”). If these preconditions are met, the Loyalty Merchants shall confirm the Purchase and settle the Purchase with Lyoness. Member Benefits and the Friendship Bonus from Purchases made and settled with Lyoness by Loyalty Merchants up until Sunday, 23:00 hours Central European Time shall be credited to the Member (Member Benefits) and to his Recommender (if any) and, in turn, to the Recommender’s Recommender (Friendship Bonus) (if any). Lyoness requires Loyalty Merchants to bill at the latest within the two months after the point in time at which these Prerequisites are fulfilled. If the Member acquired a Loyalty Merchant’s Voucher from Lyoness, the Member Benefits as well as the Friendship Bonus shall be credited when the Prerequisites are fulfilled.
8.5 Lyoness shall transfer the Cashback and Friendship Bonus on a weekly basis to the bank account stipulated by the Member when these amount to at least HKD 120.00.
8.6 If the Member makes Purchases from Loyalty Merchants abroad (at stores or online), it can transpire that the Cashback or Friendship Bonus is shown, to begin with, in the disbursement account in the respective foreign currency. When the Purchase is confirmed by the Loyalty Merchant, the amount shall be automatically converted in the Personal Member Area of the respective Member into the home currency for the Member (the currency in the country/jurisdiction in which the Member is registered) in accordance with the respective European Central Bank reference rate prevailing on the day on which the Loyalty Merchant received the payment. Clause 5.3 remains unaffected, i.e. an entitlement to Member Benefits as well as to a Friendship Bonus shall exist only in relation to international purchases via channels (such as for example via Online Shops) which are listed on the Lyoness website for the respective Member.
9. Lyoness Shopping Points
9.1 Members may be credited with a certain number of Shopping Points for Purchases made in the Lyoness Loyalty Program with Loyalty Merchants.
9.2 The number of Shopping Points credited, if any, shall depend on the Purchase amount, as well as on the conditions agreed with the respective Loyalty Merchant. The conditions published at www.lyoness.com (Loyalty Merchant´s detail view) serves as a basis for calculation of the number of Shopping Points assigned by the respective Loyalty Merchant for each purchase sum in the amount of HKD 1,200.00.
9.3 Shopping Points have no fixed nominal value. Their value is rather determined in accordance with the extent of the Member Benefit that is granted upon their redemption with the respective Loyalty Merchant. Shopping Points cannot be exchanged for cash or transferred to other persons for consideration. It is however allowed to give Shopping Points to other members as a gift.
9.4 Accumulated Shopping Points shall be credited to the Member and can be kept track of in the Personal Member Area. The Member can redeem them to obtain a discount when Purchasing within the framework of certain special offers published at www.lyoness.com (“Special Benefits”). Shopping Points can only be redeemed in the amount that is predetermined for the respective Purchase.
9.5 Member Benefits and the Friendship Bonus shall also be granted for Purchases for which the Member redeems Shopping Points. The amount of the Member Benefits and the Friendship Bonus shall, in this case, be determined by the Purchase amount that remains following the deduction of the Special Benefits granted in return for the redemption of the Shopping Points.
9.6 Shopping Points shall expire after three (3) years. Such three-year limit commences at the end of the calendar year in which the Shopping Points were accrued.
10. Personal Member Area
10.1 Lyoness shall provide each Member with a Personal Member Area at www.lyoness.com (Login area), where, after entering his username and password, he can, at any time, view the Purchases he has made, recommended Members as well as information concerning Member Benefits and Friendship Bonuses from the Lyoness Loyalty Program. Lyoness shall only assume liability for any non-accessibility of the Lyoness websites and the Login area at www.lyoness.com pursuant to Clause 14.
10.2 The Member must securely store access data for the use of the Personal Member Area (user name, password and PIN) and treat them as strictly confidential. Username and password may not under any circumstances be rendered accessible to third parties. Personal settings can be changed by the Member at any time at www.lyoness.com (Login area).
10.3 The Member undertakes to immediately notify Lyoness of every improper use of his online access data or the Personal Member Area. Following the immediate blocking of his access, replacement access data shall in turn be subsequently delivered to the Member by SMS, E-Mail or by post. Lyoness shall only be liable for the damages suffered by the Member through the said improper use pursuant to Clause 14.
11. Changing of Recommender
Members who have not made any Purchases from Loyalty Merchants for a time period of 6 months and not acquired any Lyoness Vouchers during this period can change their Recommender by nominating another Member to Lyoness as Recommender, subject to the consent of such nominated Member. In this instance the Members who were directly and indirectly recommended by the Member requesting for a change of Recommender (irrespective of level) shall be retained by the original Recommender in their original position.
12. Data protection and Personal Information Collection Statement
12.1 What information is collected By becoming a Lyoness Member, Lyoness will collect your name, gender, date of birth, Hong Kong Identity Card Number, Certificate of Incorporation Number, proof of directorship/ownership of companies/businesses, Business Registration Number, bank details, contact details (postal address and phone number(s)) and email address (collectively your “Personal Data”).
12.2 Statement of Purpose
Lyoness uses your Personal Data for the following purposes:
12.2.1 for verification of identity and record, including prevention of money laundering;
12.2.2 to store communication contacting details;
12.2.3 for processing of your orders and calculating your entitled Member Benefits and Friendship Bonus in accordance with these GTCs and the Lyoness Loyalty Program;
12.2.4 for collecting payment, processing of any payment instructions and direct debit fees;
12.2.5 for internal monitoring, including calculating any amount you should receive or owe, making payment to or requesting payment from you, and collecting any fees or enforcing guarantee granted to or granted by the users; and
12.2.6 to implement your instructions, respond to your enquiries or those made in your name, and to provide efficient and responsive service.
12.3 Direct Marketing
If you indicate your consent on a separate form/tick box, Lyoness (including its parents and subsidiaries) may also use your Personal Data for Direct Marketing purposes below:
12.3.1 for analysis and for comparison with others' Marketing Data in order to develop Lyoness products or services and market promotion programs;
12.3.2 to provide information to you on Lyoness and various products and services of Lyoness in relation to the Lyoness Loyalty Program, including but not limited to seminars, workshops, events, discounts, benefits, advantages, new country opening, anniversary celebrations, the marketing and promotion of the Loyalty Merchants, and the discounts and benefits that such Loyalty Merchants offer.
Cookies are used on Lyoness websites to book your purchases when you shop online and may contain Personal Data. If you do not accept Cookies on your browser, you may not be able to use all features of the Lyoness websites. Webtracking is provided by Google Analytics for evaluation of your online activities and is anonymous (it does not contain your Personal Data).
12.5 Statement of Possible Transferees
12.5.1 Lyoness will make available your name, telephone number, email address, and your Purchase volume data to your Recommender (if any) for the purposes of your Recommender understanding the calculation of his/her Member Benefits and Friendship Bonus he/she receives which are derived from your Purchasing activities.
12.5.2 Lyoness will make available your Purchase volume data to the Recommender of your Recommender (“Indirect Recommender”) (if any) so that your Indirect Recommender may understand the calculation of his/her Member Benefits and Friendship Bonus he/she receives which are derived from your Purchasing activities, but none of your Personal Data will be shown to him.
12.5.3 Lyoness will transfer your Personal Data to Lyoness Group AG, part of the Lyoness group, in Graz, Austria, and also to their database located in Liechtenstein, to provide the same services on behalf of Lyoness to you for the purposes listed above through the internet and mobile applications.
12.5.4 The Member can grant his Recommender access to further Personal Data (such as for example his address) via the Personal Member Area.
12.5.5 Lyoness will also make available some of your Lyoness business statistics, which would not contain any of your Personal Data such that the statistics will in no way identify you, to Loyalty Merchants or any other third parties, for negotiation/maintenance of the business relationship between Lyoness and the Loyalty Merchants or any such third parties.
12.6 Voluntariness of Supply of Personal Data
It is voluntary to provide Lyoness with your Personal Data. However, if you do not provide Lyoness with any of the Personal Data, Lyoness may not be able to provide the services to you in accordance with these GTCs.
12.7 Security Measures
Lyoness deploys internationally-recognised security technologies in order to protect the Personal Data of its Members against unauthorized access. Subject to the Hong Kong Personal Data (Privacy) Ordinance, Lyoness shall only be liable for the security of Personal Data in accordance with Clause 14.
12.9 Right of access and correction of Personal Data
Under the Hong Kong Personal Data (Privacy) Ordinance, you have the right to access your Personal Data collected and held by Lyoness Group AG or Lyoness Asia-Pacific Limited and request amendment to the same. Please contact the Data Privacy Officer at email@example.com should you wish to access or correct your Personal Data.
13. Service disruptions
13.1 The scope of services offered by Lyoness is restricted to the operation of the Lyoness Loyalty Program as described in these GTCs.
13.2 The rights and obligations related to the Purchases of any goods and services made by Members from Loyalty Merchants shall apply solely to the Loyalty Merchants. Lyoness is not liable whatsoever for any service obligations, acts, omissions, misrepresentations, or violations of any applicable consumer protection legislations including the Sale of Goods Ordinance and the Trade Descriptions Ordinance by the Loyalty Merchant in relation to the Loyalty Merchant’s sale of goods and services to the Member.
13.3 The Member shall have no claim against Lyoness to a full or partial reimbursement of the redeemed Voucher amount, to the issuing of a further Voucher, to a cash payment or other remuneration or compensation in case the Loyalty Merchant is in breach of its service obligations or as a result of the Loyalty Merchant’s acts, omissions or violations of any consumer protection legislations. Any such claims by the Member for non-fulfilment or incorrect fulfilment of obligations by the Loyalty Merchant shall exist exclusively against the Loyalty Merchant.
14.1 Lyoness shall be liable without limitation for damages from injures to life, body, to health due to intentional or negligent dereliction of duty by Lyoness.
14.2 For damages other than those described in Clause 14.1 above, Lyoness shall only be liable if such damages result from Lyoness’ gross negligence in breach of these GTCs where such breach is to the root of the contract between Lyoness and the Member.
14.3 Subject to the following Clause 14.5 to the maximum extent permitted by law, Lyoness is not liable for damages as a result of:
14.3.1 disruptions to the availability of the Member's access to the internet,
14.3.2 other technical and electronic errors (i) during a data communication via the internet as well as (ii) when using the Lyoness internet portal, the Lyoness SMS service and Lyoness applications for mobile terminals, provided that these errors are beyond Lyoness’ control and are not caused by Lyoness,
14.3.3 technical and electronic errors for which Lyoness is not responsible, which prevent the recording of Purchases made within the Lyoness Loyalty Program (in particular any tracking failures and consequent data loss);
14.3.4 the non-availability of the mobile phone network or terminals and
14.3.5 the malfunction of the Member's mobile terminal.
14.4 Insofar as the liability of Lyoness is limited or excluded, such limitation or exclusion shall also be applicable to its parents, subsidiaries, affiliates, agents, the personal liability of their employees, their legal representatives and subcontractors.
14.5 Nothing in these GTCs shall exclude any mandatory implied terms stipulated by any applicable legislations.
15.1 Registration with and participation in the Lyoness Loyalty Program is free of charge.
15.2 The Lyoness Cashback Card is free of charge for the Member as part of Membership registration.
15.3 If the Member applies for a prepaid Lyoness MasterCard®, additional charges shall apply.
16. Termination of Agreement by the Member
16.1 The Member is entitled to terminate this Agreement (ie. Terminating his Membership) with Lyoness at any time by written notice to Lyoness. The Member is under no obligation to make any Purchases or to recommend any persons as Members at any time.
16.2 Upon termination of the Agreement by the Member, the Member shall only be entitled to those Member Benefits from the Lyoness Loyalty Program arising from Purchases that have already been made prior to date of termination. Shopping Points accrued up to the date of termination shall be forfeited upon termination of the Agreement by the Member. Should the Member however terminate the contractual relationship for an important reason, the Member may still be able to redeem the accrued Shopping Points within a time period of 8 weeks following termination of Agreement as described in Clause 9.
17. Termination of Agreement by Lyoness
17.1 Lyoness may terminate the Agreement with a Member by giving the Member 8-week written notice, or in accordance with Clause 17.2 below.
17.2 Lyoness may also terminate the Agreement with a Member with immediate effect in the following circumstances:
17.2.1 When the Member does anything which causes or may cause, in the absolute but reasonable view of Lyoness, significant damage to the commercial interests or reputation of Lyoness or the Loyalty Merchants, or
17.2.2 When the Member is in breach of Clause 2.4, 2.5, 3.3, or 3.4 of these GTCs, or
17.2.3 When the Member is in material breach of any other terms under these GTCs or any other contractual terms or provisions or rules by which the Member is bound by virtue of his Membership with Lyoness.
17.3 Notwithstanding termination of Agreement by Lyoness under Clause 17.2 above, the Member shall indemnify Lyoness for all loss and damages suffered by Lyoness as a result of the Member’s acts or breaches of these GTCs including all costs of solicitors, barristers, court fees or any associated legal costs and disbursements.
17.4 Upon termination of the Agreement by Lyoness, the Member shall only be entitled to those Member Benefits from the Lyoness Loyalty Program arising from Purchases that have already been made prior to date of termination.
17.5 Should Lyoness terminate the Agreement under Clause 17.1, the Member can still redeem his Shopping Points and Lyoness Vouchers accrued until the date of actual termination within a further period of 8 weeks following the date of termination pursuant to Clause 9. If Lyoness terminates the Agreement under Clause 17.2 all Shopping Points accrued until the date of termination shall be forfeited.
17.6 If this Agreement is terminated, regardless whether it is terminated by the Member or by Lyoness, and the Member subsequently re-registers with Lyoness, then:
17.6.1 If the said re-registration occurs within 6 months following the date of termination of this Agreement, the Member may only so re-register under the same Recommender that he has under the Membership which this (terminated) Agreement governs at the time immediately prior to termination, AND
17.6.2 Regardless the time upon which such re-registration occurs, NO 1st Level Members, 2nd Level Members or any other Members currently recommended by and registered under this Member, or, if this Member is also a Marketer (refer to the Lyconet Agreement for Independent Lyconet Marketer), NO Lifeline registered under this Member with the current (terminated) Membership shall be carried over to the new Membership that he re-registers. Upon termination of this Agreement (ie. current Membership), the Member shall no longer be entitled to any Friendship Bonus or any other benefits which have been derived from shopping by his existing recommended Members or Lifeline (including any such benefits arising in accordance with the Lyconet Compensation Plan, if the Member is also a Marketer), even if he later re-registers with Lyoness.
18. General provisions
18.1 The Member may only assign receivables to which he is entitled from Lyoness (or all rights resulting from participation in the Lyoness Loyalty Program) or to use the same as collateral/security upon prior written consent by Lyoness.
18.2 Participation in the Lyoness Loyalty Program constitutes merely a contractual relationship and therefore does not establish any relationship between the Member and Lyoness (including its parents, subsidiaries and affiliates) under any company/corporate/society legislations, including membership of any clubs/societies/associations or “membership” in the sense of being a shareholder/stockholder of Lyoness, its parents, subsidiaries and affiliates.
18.3 Lyoness may from time to time negotiate and reach agreements with Members which differ from any of the terms in these GTCs. These individual agreements shall, in any event, prevail over these GTCs. A written contract and/or a written confirmation from Lyoness shall be evidence of such individual agreements. Any agreements purported to have been made orally between Lyoness and the Member shall not be valid. Lyoness is also entitled to send the Member contractual declarations and information that is required for the execution of these GTCs or any other individual agreements, by SMS or by E-Mail, provided that the Member does not object to such method of communication.
18.4 These GTCs, together with any additional terms and conditions, guidelines, “Do’s and Don’ts”, or rules published on the Lyoness website or otherwise notified in written (on paper or electronically) by Lyoness which do not explicitly contradict any terms of these GTCs (if any contradiction, these GTCs shall prevail) and the Annex thereto shall constitute the entire Agreement between Lyoness and the Member and supersedes any previous agreements, written or oral, between the Parties. The Member hereby declares that he/she is entering into this Agreement voluntarily and has not acted in reliance of any representations of Lyoness or any other persons.
18.5 Amendments to these GTCs and other contractual agreements between the Member and Lyoness, communicated to the Member in written (on paper or electronically), shall be deemed to have been accepted by the Member if the Member does not object within 30 days following receipt of the amendment notification, and that the Member has been told of this rule of deemed acceptance.
18.6 Reference to a particular gender in these GTCs include reference to all genders as well as legal entities/persons.
18.7 Should any provisions of this Agreement be wholly or partly declared ineffective or void by a court of competent jurisdiction, such provision(s) shall be severed from this Agreement and the remaining provisions shall remain effective and binding upon both Parties.
18.8 The Agreement, including these GTCs, is subject to and is construed in accordance with the laws of Hong Kong. Both Parties hereby submit themselves to the non-exclusive jurisdiction of the Courts of Hong Kong. Application of the United Nations Convention on Contracts for the International Sales of Goods is excluded.
18.9 Registration for and participation in the Lyoness Loyalty Program is limited to persons aged 18 or above.
18.10 The Member undertakes to bear himself all charges, fees, taxes etc. which arise for the Member through the receipt of Member Benefits.
18.11 These GTCs and all its Annex, any additional terms and conditions, guidelines and rules which constitute the Agreement are written in English and Chinese. In case of discrepancies, the English version shall prevail.
In these GTCs unless the context otherwise requires:
1. a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
2. the singular includes the plural and vice versa;
3. a reference to any gender includes all genders;
4. a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to these GTCs;
5. a recital, schedule, annexure of description of the Parties forms part of these GTCs;
6. a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions), as amended, novated, supplemented or replaced from time to time;
7. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
8. In these GTCs headings are for convenience of reference only and do not affect interpretation; and
9. Words and expressions used in the GTCs have the following meaning:
"Cashback" is the Member Benefit described in more detail under Clause 8.1.1.
"Cashback Card" is a plastic or paper card or a virtual card (retrievable via Lyoness mobile App), that serves to record Member Purchases from Loyalty Merchants in the Lyoness Loyalty Program. It is not a means of payment.
"Recommender" is the Member, who directly recommended another Member and is listed as Recommender during that Member's subsequent registration with Lyoness or the Member who, following the changing of a Recommender, is listed by Lyoness as the Recommender for the respective Member.
"Friendship Bonus" is a bonus described in detail under Clause 8.1.3, which the Member shall receive for Purchases made by first level Members (Members recruited by him) and second level Members (Members recruited by his first level Members) in the Lyoness Loyalty Program.
"Friendship flyer" is the document, which must be forwarded to Lyoness, completed and signed, in the case of an offline registration, in order to submit a valid application for Lyoness Membership.
"Vouchers" are Original Vouchers and/or Gift Cards and electronic vouchers (voucher codes) issued by the Loyalty Merchants described in detail in Clause 6.1.
"Lyoness Vouchers" are vouchers issued by Lyoness. They can be acquired by Members at www.lyoness.com and redeemed at www.lyoness.com for the purchase of Loyalty Merchant Vouchers (not though directly for Purchases of goods and services from Loyalty Merchants) as well as certain goods designated by Lyoness. A detailed description is given under Clause 7.
“Prepaid Lyoness MasterCard®” is a payment card with Cashback Card function that is provided in cooperation with a payment card service provider (prepaid debit card).
“Lifeline” of a Member consists of all Members who are registered under him as a Recommender and all other Members who register under such Members as Recommenders.
“Lyconet Agreement” means the “Lyconet Agreement for Independent Lyconet Marketer” into which a Member must enter with Lyoness (in the name of “Lyconet”) in order to become a Marketer and enjoy benefits under the Lyconet Compensation Plan (outside the scope of these GTCs).
“Lyconet Compensation Plan” means a plan which prescribes certain benefits which a Member may enjoy upon becoming a Marketer (outside the scope of these GTCs).
"Lyoness Loyalty Program" is the purchasing association developed by Lyoness, within the framework of which, Members receive Member Benefits when they purchase goods and services from Loyalty Merchants and a Friendship Bonus for Purchases made by first and second level Members in the Lyoness Loyalty Program.
“Marketer” means a person who is a Member and who also has accepted the Lyconet Agreement for Independent Lyconet Marketer upon approval by Lyoness in the name of “Lyconet” (outside the scope of these GTCs).
"Members" are all persons, who have entered into contractual relationship with Lyoness in accordance with these GTCs and such contractual relationship has not been terminated.
"Membership ID" or “Member ID” is a unique number which is allocated by Lyoness and which serves to identify the Member and for the recording of Purchases made from Loyalty Merchants.
"Member Benefits" are all benefits which the Member receives or, when appropriate, can receive through the making of Purchases from Loyalty Merchants in the Lyoness Loyalty Program. Member Benefits consist of Cashback and, if applicable, Shopping Points.
“Personal Member Area” is a log-in area of the respective Member on the Lyoness website that is described in detail under Clause 10.
"Online Shops" are online traders which are in a contractual relationship with Lyoness and from which Members can receive Member Benefits through the Purchase of goods and services from them, subject to the preconditions described under Clause 5, and Friendship Bonus for Purchases made by the Member’s first and second level Members in the Lyoness Loyalty Program.
“Open Registration” means registration as a Lyoness Member without a Recommender in accordance with Clause 2.3 of these GTCs.
"Loyalty Merchants" are companies which are in a contractual relationship with Lyoness and from which Members can receive Member benefits through the purchase of goods and services from them and Friendship Bonus for Purchases made by the Member’s first and second level Members in the Lyoness Loyalty Program.
"Shopping Points" are a type of Member Benefit described in detail under Clause 9.