TERMS & CONDITIONS
Terms & Conditions
Updated on: 28 December 2018
- Cathay Photo Rewards Program (the “Program”) is operated and managed by Cathay Photo Store Pte Ltd (hereinafter referred to as “Cathay Photo”, “our”, “we” or “us”). The Program is strictly for members of the Program (the “Member”) and is for individuals and not for any other entity such as a corporation or society, etc.
- The acceptance of any individual to the Program shall be subject to the approval of Cathay Photo. By participating in the Program and enjoying the benefits and privileges under the Program, the Member agrees to be bound by these terms and conditions and all amendments, additions, replacements and modifications as may be made by us from time to time.
- We reserve the right to modify these terms and conditions and/or suspend the Program (without any compensation to the Member), and such modification and/or suspension will be communicated to the Member via our Website.
- The Member agrees that if he/she continues to use the Cathay Photo Rewards Card (“Card”) or the services available in connection with the Card after being notified of such change to these terms and conditions, such use shall constitute an affirmative:
4.1. Acknowledgement by the Member of these terms and conditions and its changes; and
4.2. Agreement by the Member to abide and be bound by these terms and conditions and its changes.
- If the Member does not agree to be bound by the changes, the Member shall cease all use of the Card and any services available in connection with the Card and shall terminate his/her account immediately by giving written notice to us and returning the Card duly cut in half.
Eligibility and Application for Membership
- Any customer who, upon purchasing a product in our stores or online, desires to become a Member, shall complete and submit the membership form. The applicant must provide his/her current, complete and accurate personal particulars as requested, including without limitation, his/her full name, date of birth, email address, contact numbers and such other information as may be required by us from time to time and may be required to produce his/her NRIC, passport, work permit, employment pass, dependent’s pass or any other form of identification acceptable to us for verification.
- The applicant represents and warrants that all information provided by him/her in connection with his/her application are accurate.
- If the information provided on the membership form is incomplete and/or illegible, we reserve the right to reject the application.
- An applicant who is under the age of 18 years old shall be required to, at our absolute discretion, get his/her parent/guardian to apply on his/her behalf, or to produce a written permission from his/her parent/guardian for the membership.
- The applicant acknowledges and agrees that the acceptance of his/her application is subject to our approval and we reserve the right at our sole and absolute discretion to reject his/her application without giving any reasons.
- Upon our approval of his/her application, the Card will be issued, free of charge, to the successful applicant to be used for the Program and the Member shall be entitled to participate in the Program and enjoy membership benefits and privileges under the Program.
- Each Member can only register for and hold one (1) Card. The use of the Card shall, at all times, be subject to these terms and conditions and shall constitute acceptance of these terms and conditions.
- The Card shall remain the property of Cathay Photo at all times and the Member shall not transfer or otherwise part with the control, custody or possession of the Card.
- The Program membership and its associated benefits and privileges, including the Rewards Points (“Points”) and CATHAY DOLLAR (CP$) earned and accumulated, are for the Member’s sole enjoyment and are non-transferable.
- The Member agrees that the information given by the Member is necessary for us to do the following:
15.1. Create a Membership profile and update it from time to time;
15.2. Keep track of the Member’s purchase records and award Points and CP$ accordingly;
15.3. Inform the Member from time to time about member privileges, latest promotions, events, marketing activities, as well as product and membership related information;
15.4. Provide notifications as required under these terms and conditions;
15.5. Meet and comply with any applicable rules, law, regulations, code of practices or guidelines issued by any legal or regulatory body; and
15.6. Use for purposes which are reasonably related to the above.
- The Member will earn Points when the Card and a valid Photo ID (for example, NRIC or passport) is presented at the time of purchase of qualifying brands at any of our stores for our verification. Members who fail to do so will not be entitled to earn Points for that transaction and no other requests and/or claims will be entertained after the purchase has been made (e.g. by presenting a receipt after the purchase is made).
- If the purchase of qualifying brands is made through our Website, the Member is required to provide certain information (such as phone number or e-mail address) for our verification before the Points can be awarded.
- After verification by Cathay Photo, the Points shall be credited to the Member’s account as follows:
19.1. For purchases made in our stores, the earned Points will be reflected in Member’s account immediately and can be redeemed on the next purchase; and
19.2. For online purchases, the earned Points will only be reflected in Member’s account on the next working day and can only be redeemed thereafter.
- The Member may earn Points as follows:
- Every SGD 5.00 spent on Local brands = 1 Point earned;
- Every SGD 5.00 spent on House brands = 2 Points earned
- Every SGD 5.00 spent on Local brands = 1 Point earned;
- The Points accumulated cannot be exchanged for cash and can only be converted to CP$. Every 1 Point earned is equivalent to CP$0.10 and conversion is automatic. We reserve the right to determine the conversion rate of Points to CP$.
- The following transactions are not eligible for Points accumulation:
22.1. Purchase of Cathay Photo vouchers, clearance items and spare parts;
22.2. Corporate purchases;
22.3. Payment for repair charges, and other ad hoc service charges;
22.4. Purchase of any item using CP$ and/or vouchers issued by Cathay Photo as payment mode; and
22.5. Any other transactions which we may from time to time deem ineligible for Points accumulation.
- Without prejudice to any of its rights, Cathay Photo may, at its absolute discretion and at any time, without giving any reason or prior notice, change how the Points and/or CP$ are earned, suspend the calculation and accrual of Points and/or CP$, rectify any error in any calculations and make any adjustments it deems fit to said calculations. Any such change shall be notified in our Website.
- Accumulated CP$ may only be used as full or partial cash rebates for purchases made at our stores, except for the following:
24.1. Purchase of Cathay Photo vouchers;
24.2. Payment for repair charges, and other ad hoc service charges; and
24.3. Payment for replacement fee of lost Card.
- Due to system limitations, accumulated CP$ cannot be used as full or partial cash rebates for purchases made on our Website.
- In the event that we accept a purchased item to be returned for whatever reason(s) or decide to give a refund (partially or wholly) for a purchased item, any CP$ that a Member has used as full or partial cash rebate to purchase the said item will be credited back to the Member’s account and, concurrently, any Points earned arising from the said purchase will be deducted from the Member’s account. If there is insufficient Points in the Member’s account to be deducted in order to complete the transaction, the Member must top-up the shortfall in Points by way of cash.
- In the event that we accept a purchased item for exchange (‘the first item’), any CP$ that a Member has used as full or partial cash rebate to purchase the first item will be credited back to the Member’s account and, concurrently, any Points earned arising from the said purchase will be deducted from the Member’s account. The Member may then use whatever balance he has in his account to pay for the new item to be exchanged (‘the second item’) PROVIDED ALWAYS that the second item must be of equal or higher value than the first item. In the event that the second item is of a higher price than the first item and there is insufficient CP$ in the Member’s account to use as full cash rebate to purchase the second item, then the Member must top up any shortfall in CP$ for the second item by way of cash.
- Unless otherwise terminated in accordance with these terms and condition, the Program offers lifetime membership. However, the Points and CP$ earned shall expire if they are not utilised within one (1) year from the month they were earned. For example, if the Member earned fifty (50) Points in the month of April this year, these points will expire on the last day of April next year. We shall not be responsible to the Member for any unutilised Points or CP$.
- Cathay Photo reserves the right in our absolute discretion to:
29.1. Suspend or terminate the Membership or Card immediately in the event of fraud or attempted fraud at any of our stores or inappropriate use of the Program by the Member regardless of when the fraud or attempted fraud was committed. All balance Points and CP$ will be immediately forfeited and cancelled; and/or
29.2. Terminate the Program for any reason whatsoever, which Cathay Photo will communicate on its Website and notify the Members via e-mail. Members will be given a period of 30 days to use up his/her Points and CP$, and upon the expiry of the said period of 30 days, any balance unused Points and CP$ will be forfeited and cancelled.
- If the Program is suspended or terminated for whatever reason, we shall not be liable to the Members for any losses or damages suffered or that may be suffered by the Member arising either directly or indirectly from the suspension or termination of the Program.
- A Member may at any time terminate his/her membership immediately by giving written notice to us and returning the Card duly cut in half. All unused Points and CP$ accumulated by the Member will be forfeited without notice to the Member and we shall not be responsible or liable for the forfeiture of any unused Points and CP$.
- The Member must immediately notify us in writing once his/her Card is discovered to be lost, damaged or defective. Upon notification, we will invalidate the lost, stolen or damaged Card within a reasonable time without further notice. We disclaim any and all liability for any losses or damages that may be suffered by the Member arising either directly or indirectly from the invalidation of the Card or any delay in cancelling the Card.
- In the event of lost/stolen or damaged/defective Card, kindly approach our sales staff at our stores to apply for a replacement card. A replacement fee of SGD10 is chargeable for every replacement of the card, and the replacement card will be mailed to you within 30 days.
Indemnity and Limitation of Liability
- The Member hereby agrees to indemnify, release and discharge Cathay Photo and its authorised agents from all damages, claims, demands, liabilities, judgments, actions and suits and agrees to hold Cathay Photo and its authorised agents harmless against any liability for any loss, penalty, damage, costs and expenses (including but not limited to legal costs) which the Member may incur by reason of or arising either directly or indirectly from or in connection with the Member’s participation in the Program, including without limitation:-
34.1. the Member’s breach of any of the provisions of these terms and conditions and/or any other agreement made between the Member and Cathay Photo;
34.2. the Member’s card being lost, stolen or damaged;
34.3. the accumulation, conversion, redemption and/or any other use of the Points or CP$ under the Member’s account;
34.4. any failure in crediting any Points or CP$ or any errors, delays or omissions in the crediting or recording of Points or CP$ for whatever reasons;
34.5. any action taken or omitted to be taken in good faith by Cathay Photo and its authorised agents pursuant to any instructions, notice or request by the Member;
34.6. the enforcement of these terms and conditions and/or the recovery of any sums owed by the Member in respect of the program; or
34.7. claims of third parties which may be brought or asserted in respect of the program.
- Notwithstanding any other terms or conditions, Cathay Photo shall not be liable for any loss, damage, cost and expense of any nature (including without limitation for any act, omission neglect or wilful default on the part of its related entities, agents, affiliates, business partners, vendors, service providers or their respective officers, directors, employees, agents) arising out of or in connection with the Program which in any way may be suffered or incurred by the Member or by any other person in respect of or in connection with the Program, including without limitation the Member’s entitlement to Points and/or CP$.
- Cathay Photo shall be entitled to, at any time and without the consent of or notice to the Member, assign or transfer the whole or part of its rights and obligations in relation to the Program and/or the Card to any other person or entity.
- Any claims or disputes relating to the Program or the use of the Card shall be referred directly to us for decision, and our decision shall be final and binding on the Member and our records of all matters relating to the Program shall be conclusive and binding on the Member.
- If any one or more of the provisions of this Agreement or any part thereof shall be declared or adjudged to be invalid, illegal or unenforceable under any applicable law, such illegality, invalidity or unenforceability shall not vitiate any other provisions of this Agreement which shall remain in full force and effect.
- The Program and these terms and conditions are not intended to confer rights on a third party under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or enjoy the benefit of any provision of these Terms and Conditions.
- The Program and these terms and conditions are governed by the laws of Singapore and any claim or dispute which cannot be resolved through arbitration shall be subject to the exclusive jurisdiction of the courts of Singapore.