Terms of Service
29 March 2013
Thank you for your continued support of Soda Card.
As you may be aware, there have been changes to Hong Kong's Personal Data (Privacy) Ordinance (“the Ordinance”) that came into effect on April 1, 2013.
We will continue to provide you with the latest updates of the above through various communication channels, such as email and push notifications, by using your personal data (including, without limitation to, your name, contact details and other information collected in your profile).
If you do not wish Soda Card to use your personal data for direct marketing purposes or receive our latest updates and promotional materials, including discounts and offers from time to time, you may call us at +852 3907 0149 or email us at email@example.com.
The Soda Card Rewards Program
The Soda Card Rewards Program ("Program") is operated by Lokaly Network Limited (hereafter referred to as "Soda Card", "us", "our", or "we"). Enrollment in the Soda Card Program occurs the first time you check-in at a merchant providing the Program (each a “Merchant”) by scanning the QR code on a Soda Card branded loyalty card or a smartphone based application provided for download by Soda Card and providing a valid email address. Upon enrollment in the Program, as a Collector of Soda Card reward points, we license you to collect check-in and potentially other reward points, as determined by Merchants from time to time at their discretion, at participating Merchant locations, by using your personal QR code or email address.
Reward points can only be redeemed for Rewards at the location they were obtained through check-in or at other associated Merchant locations as dictated solely by each participating Merchant with full authority to modify this policy at any time.
Use, membership and all related benefits of the Program are offered at our discretion. By enrolling in the Program, you agree that you have read and understand these Terms and Conditions, are bound by all of them, as modified from time to time, and you consent to our collection and use of your personal information in accordance with our Privacy Commitment described below.
Committed to Your Privacy
At Soda we are committed to protecting your privacy. We collect and use your personal information: (i) to administer the Program, including the management of Collector Accounts and to accurately record and update reward point balances; (ii) to process Collector redemptions; (iii) to potentially invoice Merchant accounts, if deemed necessary as a billing mechanism; (iv) to communicate information, suggestions and offers to Collectors and Merchants; (v) to understand and analyze Collectors’ responses, needs and preferences; (vi) to develop, enhance, market and/or provide products and services to meet those needs; and (vii) to enable Collectors to participate in promotions and contests.
We will not share or disclose your “Personal Information” (defined as name, email address, phone number and date of birth or similar information as collected from time to time) to anyone except those Merchants at which you have checked-in or redeemed rewards at our discretion. Soda will not share information with any subsidiaries or other affiliated companies, nor will we share such information with external vendors and business partners with whom we work. All companies that act on our behalf are contractually obligated to keep all information confidential and to use customer information only to provide the services we ask them to perform. We may provide aggregate statistics about our customers, sales, traffic patterns and related application information to reputable third party vendors, but these statistics do not include Personal Information. We may disclose Personal Information we collect from you if required to do so by law or in the good-faith belief that disclosure is necessary (a) to obey the law or comply with legal process served on us or our affiliates; (b) to protect and defend our rights or property or the rights or property of other users of our applications; or (c) to act in an emergency to protect the personal safety of users of our applications or the public.
Participation in the Program and Account Management
To enroll in the Program, you must have a valid e-mail address and be of legal age in the region in which you reside. Soda Card reserves the right to cancel an enrollment at any time at its discretion for any reason without the need to consult the Merchant or Merchants from whom you have accumulated points. Upon first check-in, we will enroll you in the Program as a collector of reward points (“Collector”) and establish an account with sub-accounts for each Merchant, and potentially each Merchant location (“Collector Account”) at which you scan your personal QR code or check-in using your email address.
The Program, including all reward points, Soda Cards, mobile applications and all rights relating to them, are and will remain the property of Soda Card. If applicable, you are responsible for all taxes and gratuities payable as a result of your participation in the Program, including activities related to redeeming reward points. You may not transfer, sell, exchange, give, charge or otherwise dispose of any reward point except in accordance with such conditions as we may prescribe from time to time and upon payment of such fees as we may impose in our discretion from time to time.
You must personally scan your Soda Card or enter your email address when checking in at a Merchant location. While similar programs may be offered in other countries, the Program entitles you to collect reward points only from Merchants using the Soda Card Program in Hong Kong. We will credit your Collector Account only with points you collect when dealing with authorized Merchants in good standing with us. We are not responsible if a Merchant Kiosk is unavailable, off-line or if communication problems between the Merchant Kiosk and our backend systems results in any delay in recording reward points in your Collector Account. Some Merchant locations may not participate in the Program. A Merchant location may leave the Program at any time and Reward points earned at one location may or may not be transferred to other remaining locations fully at the Merchant’s discretion. We may refuse to record and a Merchant may refuse to honour reward points in your Collector Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded reward points if the issuing Merchant does not pay amounts owing to us or tells us to cancel the reward points because of inappropriate use of the Merchant Kiosk. Merchants will determine the conditions under which they will issue reward points and may change those conditions at any time and without notice. Neither we nor any Merchant is responsible for any offer of reward points which is no longer in effect. Any dispute must be settled between you and the Merchant and you agree that we have no obligation to you with respect to such dispute. If you believe that the number of reward points in your Account is in error, you must tell us within 10 days of the date of the check-in for which the reward points should have been issued or else the number of reward points in your Collector Account will be deemed to be correct, except for excess reward points improperly recorded in it. We may require you to submit documentation to support your claim.
You are responsible for maintaining possession of your Soda Card, phone and the secrecy of your ID, for all activities related to the Program. We are not responsible or liable in any way for any loss arising from your failure to comply with these provisions. Notify us immediately if your Soda Card is lost or stolen or replace such card at any Merchant Kiosk with a new one.
If no reward points are posted to your Collector Account or redeemed from your Collector Account for a period of 24 consecutive months, we may cancel the reward points recorded in your Collector Account without notice or compensation to you.
Redemption of Reward Points
Reward points have no cash, monetary or other value and cannot be converted into any currency. Reward points possess no documented or undocumented exchange rate that could be used to convert such points into an actual product or service. Reward points count only towards products, services, novelty and other non-monetary privileges (“Rewards”) made available by our Merchant partners.
Reward points can only be redeemed in-store using a printed ticket, Merchant Kiosk or our smartphone application and must be shown to a store employee who will verbally agree to redeem the reward. Rewards not redeemed in front of a Merchant employee will be forfeited by the Collector.
All Rewards are offered subject to availability and restrictions imposed by Merchants. The number of reward points recorded in your Collector Account and the number of reward points required to obtain any particular Reward are determined mathematically by our software or potentially other factors including but not limited to date and time. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any Reward, or for your Rewards not turning out as you expected for whatever reason.
Merchant & Reward Related Limitations of Liability
Termination, Changes and Breach
We may change these Terms and Conditions, any aspect of the Program including redemption procedures and add, delete or change any Rewards in any respect, all without notice, even if the changes affect the value of reward points already accumulated. For current Terms and Conditions and other Program details and information, please visit www.sodacard.com.
At any time, and without limitation, we may add, delete or change Merchants, locations, redemption conditions or procedures or the number of reward points required for particular Rewards. If no reward points are recorded in your Account for 24 months, you become bankrupt, commit fraud, misrepresent any information, violate any Terms and Conditions, abuse your Program privileges or act in any other way to the detriment of us, our Merchants or the Program, we may, without affecting our other rights, disclose such information requested by proper authorities, terminate your enrollment and/or cancel your reward points. If a reward point expires or is cancelled for any reason, it becomes void without compensation.
These Terms and Conditions constitute the entire agreement between you and us regarding your participation in the Program, your entitlement to collect and redeem reward points and your entitlement to any other benefits of the Program, and supersede all previous versions. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with us over the Internet, you consent to the formation of contractual relations through electronic communications. We are the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Program or any Reward. Unless we otherwise elect, any dispute regarding these Terms and Conditions, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. The arbitration shall take place in Hong Kong, in English, and in accordance with Hong Kong laws. If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions.