DP CLUB PROGRAM TERMS AND
CONDITIONS
1. DP CLUB PROGRAM
1.1. DP Club Program (“DP Club”) is managed and operated by Discovery Park Commercial
Services Limited (“DPCSL”) and is governed by the terms and conditions set out
herein (“Terms and
Conditions”).
1.2. The submission of an application for Membership to DP
Club is deemed to be an acceptance of these Terms and Conditions.
1.3. Upon becoming a Member of DP Club, the Member shall be
deemed to have agreed to and be bound by these Terms and Conditions.
2. DEFINITIONS
2.1. D·PARK –means the shopping mall named D·PARK and which is
located at 398 Castle Peak Road, Tsuen Wan, Hong Kong.
2.2. D·PARK Website – means the website at https://www.dpark.com.hk.
2.3. DPCSL – means Discovery Park Commercial Services Limited, a
company incorporated in Hong Kong with an office at Shop 2078, Level 2, D·PARK, 398 Castle Peak
Road, Tsuen Wan, New Territories, Hong Kong.
2.4. DP Club – means the DP Club Program operated and managed by DPCSL
and governed by the Terms and Conditions set out herein.
2.5. DP Club Member Counter – means the designated membership service counter at
D∙PARK.
2.6. DP Merchant – means any merchants at D·PARK recognized or to be
recognized by DPCSL, with whom a Member is entitled to earn K Point(s), register his spending,
receive offers and/or rewards and use K Dollars, as the case may be, under DP Club subject to
the applicable terms and conditions as DPCSL may think fit. A list of DP Merchants may be varied
and updated by DPCSL from time to time without any prior notice.
For the
avoidance of doubt, a “DP Merchant” does not include:
(a) any hotels, banks, financial institutions, securities
brokers, currency exchange brokers, property agencies, travel agencies, exhibition counters,
post offices, UMP Dental Centre/UMP Medical Centre, car park operators, automobile dealerships
or automobile servicing centers;
(b) any merchants that do not issue machine-printed
receipts;
(c) any merchants that are not duly authorized to carry out
business in D·PARK; and
(d) any consignment stores operating on a short-term basis
whether or not they are attached to the DP Merchants (except for those consignment stores
expressly specified by DPCSL).
2.7. e-Membership Card – means an electronic Membership card issued to a Member
for enjoyment of the member privileges and rewards under these Terms and Conditions.
2.8. Hong Kong – means the Hong Kong Special Administrative Region of
the People’s Republic of China.
2.9. K Dollar – means the reward under the K Dollar Program. Please
refer to the K Dollar Program Terms and Conditions for details.
2.10. K Dollar Program – means the K Dollar Program managed and operated by
Missions Points Network Company Limited. Please refer to the K Dollar Program Terms and
Conditions for details at https://hk.krewards.com/program-terms-and-conditions/.
2.11. K Point(s) – means the point(s) granted to members of K Dollar
Program under the said program. Please refer to the K Dollar Program Terms and Conditions for
details.
2.12. Member – means a person admitted by DPCSL to be a member of DP
Club, subject to such terms and conditions as DPCSL may think fit, and the term “Membership”
shall be construed accordingly.
2.13. Mobile App – means the “D·PARK” mobile application or other mobile
application(s) for use by the Members for the purpose of DP Club.
2.14. Net Spending Amount – means the amount spent by a Member in transactions made
at DP Merchants and which are qualified for registration and accumulation of K Point(s) pursuant
to these terms and conditions. For the avoidance of doubt, “Net Spending Amount” does not
include amount(s) spent by a Member in certain designated transactions. For details, please
refer to Clause 7.1 below.
2.15. A reference to one gender includes a reference to all
genders.
2.16. Words in the singular includes the plural and vice
versa.
3. ELIGIBILITY AND MEMBERSHIP
3.1. Save as otherwise specified by DPCSL, any individual at
or above the age of 18 who registers as a member through D·PARK Website or the Mobile App
successfully will become a Member. Upon successful registration, the individual will receive an
email confirmation.
3.2. The registered name for Membership shall be the same as
the applicant’s name in his official identity document and DPCSL shall have the right to seek
verification from the applicant. Each individual is only entitled to have one (1) Membership
account at any given time.
3.3. Approval of application for Membership and grant of the
relevant Membership shall be at the sole and absolute discretion of DPCSL. DPCSL may refuse to
approve and grant any Membership without giving any reason.
3.4. Membership, the e-Membership Card and the rewards under
these Terms and Conditions are non-transferable and non-assignable and may only be used or
enjoyed by that individual Member to whom the Membership, e-Membership Card and the rewards are
granted or issued.
3.5. DPCSL may at any time without prior notice review the
criteria for eligibility to the Membership.
3.6. DPCSL is entitled to modify the structure, benefits,
contents and other features of DP Club, including but not limited to the Mobile App, the
Membership, the Net Spending Amount, the member privileges, rewards, these Terms and Conditions,
joining programs of or having arrangements with new or other programs and termination of DP
Club, at any time without prior notice. Although DPCSL will use reasonable efforts to notify
Members of material changes to DP Club and/or to these Terms and Conditions, it is the
responsibility of Members to keep themselves up to date in respect of DP Club and these Terms
and Conditions. Any registration of Net Spending Amount by a Member will be deemed as acceptance
of any such modification. DPCSL will not be liable for any loss or damage resulting from any
modifications to DP Club, including but not limited to these Terms and Conditions.
3.7. Each Member will be assigned a Membership account.
Member must ensure that his Membership account details including but not limited to the
password, Membership number, as well as any QR codes representing his Membership are kept
confidential and are not disclosed to any parties. Member is fully responsible for any use of
his Membership account by any persons and DPCSL shall not be liable in the event that a third
person obtains access to a Member’s account to make transactions, whether with or without
authority of the Member.
3.8. DPCSL shall have the right to audit a Member's account
at any time without prior notice to the Member to ensure compliance with these Terms and
Conditions, any terms and conditions of the DP Merchants, and any other applicable rules,
regulations or terms and conditions. During the course of an audit, a Member’s account may be
temporarily suspended and a Member may not be permitted to access his account nor perform any
transactions.
4. E-MEMBERSHIP CARD
4.1. DPCSL will issue an e-Membership Card to a Member upon
his successful application for Membership via D·PARK Website, the Mobile App or any other mobile
apps or websites as may be specified by DPCSL from time to time. DPCSL and/or the DP Merchants
are entitled to request a Member to present his e-Membership Card when he claims for any
rewards, registers his spending, or makes any request in relation to his Membership, the
e-Membership Card, the K Point(s) and/or the rewards.
4.2. Without prejudice to the right of DPCSL to seek
verification under Clause 3.2, DPCSL and/or the DP Merchants are entitled to assume without
proof that the bearer of an e-Membership Card is the Member named thereon.
5. MEMBER PRIVILEGES
5.1. Subject to these Terms and Conditions and all terms and
conditions applicable to each of the privileges, Members are entitled to the following
privileges:
(a) using K Dollar (as further stipulated under Clause 6.1
below);
(b) Members’ exclusive promotional activities;
(c) DP Merchants’ Year Round Offer;
(d) Birthday Offer;
(e) Free Parking Offer; and
(f) Rental of Child Shopping Cart.
5.2. DPCSL reserves the right to amend or modify such
privileges as it deems fit or necessary without prior notice to Members.
6. K POINT(S) AND K DOLLARS UNDER THE K
DOLLAR PROGRAM
6.1. All Members are entitled to earn K Point(s) and use K
Dollars upon successful registration as member under the K Dollar Program. Unless specifically
provided for under these Terms and Conditions, Members under the K Dollar Program shall be
subject to the terms and conditions of the K Dollar Program.
6.2. A Member who is not registered as a member under the K
Dollar Program can enjoy the member privileges stated under Clauses 5.1(b) to (f) above but
cannot earn K Point(s).
6.3. Unless otherwise specified, a Member shall earn one (1)
K Point for every HKD1.00 of Net Spending Amount he spends under the K Dollar Program, subject
to the daily limit of 150,000 K Points per Member. DPCSL has the right to adjust the earning
ratio at any time without prior notice. Net Spending Amount will be rounded to the nearest
dollar for K Points calculation.
6.4. For further details on the earning and usage of K
Dollars, please refer to the terms and conditions of K Dollar Program at
https://hk.krewards.com/program-terms-and-conditions/.
7. ELIGIBLE TRANSACTION
7.1. Only an eligible transaction by a
Member at a DP Merchant shall be counted towards the Net Spending Amount. An eligible
transaction EXCLUDES the following:
(a) Any cash payment;
(b) Any single spending below HKD50;
(c) Transactions with merchants other than the DP
Merchants;
(d) Transactions at online platform(s) of any DP Merchants
(except online purchase of movie ticket(s) and other specific Merchants);
(e) Payments using K Dollars and/or any D·PARK physical or
electronic gift vouchers;
(f) Purchase of gift vouchers or certificates (including
without limitation to cash coupons, cake coupons or pasty coupons), stored value cards or
pre-paid cards of any kind whatsoever;
(g) Use of festival voucher to redeem festival food (e.g.
use of mooncake coupon to redeem mooncake or use of rice dumpling coupon to redeem rice dumpling
or use of Chinese cake coupon to redeem Chinese cake);
(h) Adding value to Octopus cards, stored value cards or
pre-paid cards;
(i) The remaining unpaid amount of a spending (such as
amount paid as shown on a deposit receipt);
(j) Instalment paid for jewellery club;
(k) Purchase of any type of membership from
merchants;
(l) Purchase of concert, performance or admission
tickets;
(m) Bill payments (such as payment of telecommunication or
utility bills);
(n) Exchange of goods (but excluding any additional
payment);
(o) Purchase of postage stamps;
(p) Cash withdrawals with EPS;
(q) Receipt on which the name of the cardholder does not
match with the name of the Member as it appears on the membership enrolment form of DP
Club;
(r) Duplicated receipts;
(s) Tips;
(t) Discounts;
(u) Amounts deducted from the use of cash coupons,
promotion coupons, promotional codes, and any other promotional / loyalty program rewards /
points / credits; and
(v) Any other transactions at any car or show flat
exhibition; and
(w) Any other transactions that DPCSL may specify from time
to time.
7.2. If the transaction amounts shown on the merchant’s
machine-printed receipt and the corresponding electronic payment slips are different, only the
lower amount stated thereon will be counted for K Points registration subject to DPCSL’s sole
and absolute discretion.
7.3. Members can only earn K Point(s) under the K Dollar
Program from spending in transactions dated on or after the date when he has successfully
registered as a member under the K Dollar Program. K Point(s) are deemed to be earned on the
date of point crediting’. DPCSL may adopt special procedures to verify spending / transactions
at certain DP Merchants at its sole and absolute discretion.
8. ELIGIBLE REGISTRATION
8.1. A Member shall register Net Spending
Amount within seven (7) days upon the date of transaction by one of the following ways:
(a) At the DP Club Member Counter, by:
(i) Presenting his e-Membership Card and original proof of
electronic spending;
(ii) In the absence of his e-Membership Card, upon
verification of his identity in any manner as may be prescribed by DPCSL and presentation of the
original proof of electronic spending;
(iii) Authorizing a representative to register the Net
Spending Amount on his behalf. The representative must provide the Member’s name (as shown on
the e-Membership Card) and mobile phone number, together with the original proof of electronic
spending.
(b) Through the Mobile App by uploading the relevant
receipts and the corresponding electronic payment proofs.
8.2. For any eligible transactions made at specific DP
Merchants which may be updated by DPCSL from time to time with or without prior notice, the
corresponding Net Spending Amount will be automatically submitted by the relevant merchants on
behalf of the Members upon Members’ presentation of his e-Membership Card from the Mobile App.
For a list of such other merchants, please visit
https://www.dpark.com.hk/en/events/k-dollar-earn-and-burn. Members do not need to register such
Net Spending Amount via the channels set out in Clause 8.1 above.
9. PROOF OF SPENDING
9.1. DPCSL will only accept original
machine-printed receipts as proof of Net Spending Amount. The receipt shall clearly state the
name and address of the DP Merchant (which shall identify 398 Castle Peak Road, Tsuen Wan as the
address), invoice number, transaction amount and transaction date. Each receipt shall have a
transaction amount of not less than HKD50. In addition:
(a) If Members make payment by credit or debit card (e.g.
EPS), the Member shall present his credit or debit card AND the cardholder’s corresponding copy
of the credit or debit card payment slip.
(b) If Members make payment by Octopus Card, the Member
shall present the code of the Octopus Card for verification. The name of the cardholder on each
eligible receipt shall match with such name as appear on the membership enrolment record of DP
Club.
(c) If Members make payment by mobile electronic payment
(e.g. Apple Pay, Google Pay, Alipay, WeChat Pay or PayMe) or any other electronic payment
method, DPCSL reserves the right to verify the payee’s full name and identity by checking the
relevant transaction record (including but not limited to the transaction record as recorded in
the Mobile App). Where no payment slip is available, Members shall present the corresponding
payment record for spending registration.
For in-app spending registration, Members shall upload
screen captures of mobile electronic payment record or images of receipts and corresponding
payment proofs (as the case maybe) to the Mobile App for verification. All records, images and
payment proofs uploaded to the Mobile App shall clearly show the transaction date, the name of
the DP Merchant and the transaction amount.
9.2. DPCSL will only accept original receipts or invoices
and customer copy of electronic payment slip or screen captures of mobile electronic payment
record or images of receipts and corresponding payment proofs. DPCSL does not accept reprinted,
handwritten and photocopied receipts or invoices. The payment must be made by the Member himself
and DPCSL shall have the right to seek verification from the Member. For the avoidance of doubt,
Members may not use sales receipts, electronic payment slips or other purchasing information/
document of any other individuals for Net Spending Amount registration.
9.3. DPCSL is entitled to make copies of the receipts,
invoices or payment slips produced by the Member to DPCSL for audit purpose.
9.4. DPCSL is entitled to reject any proofs of spending that
DPCSL suspects to be invalid, forged or not issued for genuine transactions, if the Member is
not a party to the relevant transaction, or if the proof is on any other grounds not acceptable
to DPCSL in its sole and absolute discretion. DPCSL has the right to determine and verify the
validity and applicability of any receipts, invoices or payment slips. In the event of disputes,
the decision of DPCSL shall be final and binding on the parties involved.
9.5. DPCSL is entitled to mark on the receipts used for
registering Net Spending Amount by Members. Unless otherwise specified, the receipts marked by
DPCSL cannot be re-used for spending registration by the Member and/or used by the Member to
participate in and/or redeem any other DPCSL offers or activities (save and except for enjoying
the free parking privileges of D∙PARK according to its terms and conditions).
10. REDEMPTION OF REWARDS
10.1. Subject to availability of stock, a Member may use K
Point(s) to redeem rewards offered by DPCSL from time to time, provided always that DPCSL shall
have the sole and absolute discretion to decide the types and kinds of rewards available for
redemption at any given time without prior notice, and that DPCSL makes no warranty or guarantee
with respect to the availability of any specific types or kinds of reward for redemption, such
as gift vouchers or coupons. Specific terms and conditions may apply to each reward offered.
Details of the rewards being offered for redemption can be found at D·PARK Website, Mobile App
or from DP Club Member Counter.
10.2. Unless otherwise specified, subject to the Member
having the requisite K Point(s), there is no limit on the number of redemptions that a Member
can request.
10.3. To redeem rewards, Members shall submit their requests
for redemption to the DP Club Member Counter during its operation hours, or through Mobile App
or any other channels that DPCSL may designate. Redemption requests made at the DP Club Member
Counter must be submitted by Members in person. DPCSL shall verify the identity of the Members
with reference to the personal information provided upon membership application (including but
not limited to mobile phone number and email address). DPCSL may at its sole and absolute
discretion accept or reject such requests depending on whether the Member has sufficient K
Point(s) for redemption, availability of the requested reward, or on any other grounds that it
may deem appropriate.
10.4. Once a redemption request is accepted by DPCSL, DPCSL
shall deduct the relevant number of K Point(s) from the Member's account. The redemption request
by the Member cannot be changed or cancelled.
10.5. A Member shall forthwith inform DPCSL of any
transaction where rewards have been obtained/redeemed but such transaction is subsequently
cancelled, refunded or reversed for whatever reasons. In such circumstances, or if the Member
fails to inform DPCSL but it has come to the knowledge of DPCSL of those cancelled, refunded or
reversed transaction(s), the Member shall pay to DPCSL forthwith upon notice from DPCSL for the
value of the rewards, which shall be determined by DPCSL in its sole and absolute
discretion.
10.6. DPCSL does not warrant that the rewards offered to
Members by the DP Merchants and/or suppliers are of any merchantable quality, fit for any
purpose or are otherwise free from any defects, including minor defects. DPCSL disclaims all
liability in relation to such rewards, and the Members shall waive all rights and interest, if
any, of any nature to pursue against DPCSL in connection with the rewards redemption. If there
is any problem relating to the quality of the rewards, the Member should contact the DP
Merchants and/or suppliers of the rewards directly. Unless otherwise specified, DPCSL will not
be responsible for any repair, replacement, compensation or refund for any rewards.
10.7. DPCSL will not entertain any requests by the Members to
exchange the rewards for cash or other rewards.
10.8. Except for electrical appliances, all rewards redeemed
are not returnable or exchangeable. If electrical appliances cannot be operated or used under
normal condition, Members may apply for a replacement by submitting a reward exchange request
form to DP Club Member Counter during its operation hours within three (3) working days from the
date of receipt of the redeemed award. Once the request is confirmed and accepted, a new item
will be provided subject to stock availability. If the reward item is out of stock, Members may
exchange for other rewards of the same point value. Each Member may only submit an exchange
request once per electrical appliance. DPCSL may accept or reject such requests at its sole and
absolute discretion depending on the returned reward’s condition, stock availability, or on any
other grounds that DPCSL may deem appropriate. In case of dispute, DPCSL’s decision shall be
final.
11. TERMINATION OR SUSPENSION OF
MEMBERSHIP
11.1. Members may terminate their Membership at any time by
giving written notice to DPCSL.
11.2. DPCSL is entitled to forthwith terminate or suspend the
Membership of any Member in case the Member breaches any of these Terms and Conditions or does
not comply with the instructions of DPCSL. In addition, DPCSL shall have the right to forthwith
terminate or suspend the Membership of any Member at any time at the sole and absolute
discretion of DPCSL without any reasons or compensation. DPCSL shall not be liable for any loss
or damage resulting therefrom suffered by any party in any circumstances.
11.3. DPCSL is entitled to cancel all Net Spending Amount of
a Member forthwith upon termination of his Membership for whatsoever reasons without any
compensation.
11.4. Termination of Membership for whatsoever reasons shall
not prejudice any accrued rights and remedies of DPCSL and/or the DP Merchants as at the date of
termination.
11.5. If there is any misuse of, amongst others, the
e-Membership Cards, QR codes, Membership accounts or rewards, DPCSL and/or the DP Merchants
shall have the right to terminate or suspend the Membership or withdraw the rewards from the
Member without prejudice to any accrued rights and remedies of DPCSL and/or DP Merchants against
the Member.
11.6. Upon death of a Member, his Membership account shall be
closed and all Net Spending Amount (if any) shall be cancelled by DPCSL without any
compensation.
12. DISCLAIMERS AND EXCLUSION OF
LIABILITIES
12.1. DPCSL and/or DP Merchants shall not be liable to
Members for any direct, indirect or consequential loss, damage or expense of any kind whatsoever
arising out of or in connection with DP Club (including but not limited to the refusal by DPCSL
and/or DP Merchants to allow any Member to register his spending, or claim any rewards). Such
exclusion of liability applies whether the loss, damage or expense is caused by negligence or
otherwise, and whether DPCSL and/or DP Merchants have any control over the circumstances giving
rise to the claim or not.
12.2. All liability, if any, on the part of DPCSL, its
employees, affiliates, agents, suppliers and partner organizations as set out in these Terms and
Conditions, expressed or implied by statute or otherwise, are hereby excluded to the fullest
extent permitted by law. Without prejudice to the foregoing, the maximum liability of DPCSL to
any Member shall not exceed HKD100 in aggregate in any event.
12.3. A Member is hereby deemed to have read, understood and
agreed to these Terms and Conditions, and confirms that he has not relied on any statement,
representation, assurance or warranty made by DPCSL and shall waive all of his rights, if any,
against DPCSL in relation thereof.
12.4. Without prejudice to Clause 12.3 hereinabove, DPCSL
does not give any warranty for the quality or fitness of any of the rewards and accepts no
responsibility in respect of the following:
(a) refusal by DPCSL and any DP Merchants to offer rewards
or accept e-Membership Card;
(b) unavailability of any of the rewards; and
(c) refusal of replacement or change of any of the rewards
or compensation thereof by DPCSL, DP Merchants and/or suppliers.
12.5. DPCSL shall not be liable for any loss arising from the
failure by DP Merchants to provide any products, services, K Point(s) or rewards. Where a Member
uses the services provided by a DP Merchant, their terms and conditions shall apply in addition
to these Terms and Conditions and DPCSL shall not be liable for any loss arising
therefrom.
12.6. In case of any disputes between a Member and any DP
Merchants, the parties shall resolve the disputes amongst themselves. DPCSL shall have the right
not to be involved in the dispute and the exercise of such right by DPCSL shall not prejudice
any rights of DPCSL under these Terms and Conditions.
12.7. DP Merchants may impose additional terms and conditions
in respect of the rewards available to the Members. Members agree to be bound by such additional
terms and conditions in respect of the rewards.
12.8. All terms expressed or implied by statute or otherwise
on the part of DPCSL and/or DP Merchants are hereby excluded to the fullest extent permitted by
law. For the avoidance of any doubt, nothing in these Terms and Conditions shall exclude
liability for death or personal injury caused by negligence.
13. GENERAL CONDITIONS
13.1. DPCSL shall deal with all personal data in accordance
with the Personal Data (Privacy) Ordinance of the laws of Hong Kong and the DPCSL Privacy Policy
Statement. Please refer to the Privacy Policy Statement of DPCSL here:
https://www.dpark.com.hk/en/privacy_policy_web .
13.2. A Member shall consent to the Personal Information
Collection Statement of DPCSL during the application for Membership which sets out the privacy
policy and practices of DPCSL in respect of its collection, holding and use of personal data in
relation to DP Club.
13.3. If a Member has any questions or wishes to access or
correct his personal data held by DPCSL, please contact the Personal Data Privacy Officer of
DPCSL at:
Discovery Park Commercial Services Limited
4th Floor, Tsim Sha Tsui Centre, 66
Mody Road, Tsim Sha Tsui East,
Kowloon, Hong Kong
Attention:
Legal Department
Personal Data Privacy Officer
(Marked as Confidential)
13.4. The use of the Mobile App and D·PARK Website is
governed by the applicable terms and conditions and the Privacy Policy Statements of the Mobile
App and D·PARK Website.
13.5. DPCSL shall have the right and discretion to amend,
delete, modify and/or vary any of these Terms and Conditions, including but not limited to
imposing additional terms in respect of the Membership, the e-Membership Card, the Net Spending
Amount, the rewards and other matters in relation to DP Club from time to time without prior
notice. Should there be any inconsistencies between these Terms and Conditions and those
additional terms and conditions, those additional terms and conditions shall prevail.
13.6. DPCSL is entitled to transfer, assign, charge,
sub-contract or otherwise dispose of any of the rights or obligations under these Terms and
Conditions and DP Club on such terms and conditions as DPCSL may at its sole and absolute
discretion think fit at any time without any prior notice to the Member.
13.7. DPCSL is entitled to amend, suspend and terminate DP
Club at any time without any prior notice, reasons or compensation. DPCSL shall not be liable
for any loss or damage resulting therefrom by any party in any event.
13.8. Any failure to enforce a particular term herein by
DPCSL does not constitute a waiver of that term.
13.9. DPCSL has the right to interpret these Terms and
Conditions and its interpretation shall be final and binding on all parties concerned.
13.10. The Chinese version of these Terms and Conditions is
provided for reference only. In the event of any discrepancy between the English version and the
Chinese version, the English version shall prevail.
13.11. These Terms and Conditions shall be governed by the
laws of Hong Kong and any disputes arising from, out of or in relation thereto, shall be subject
to the exclusive jurisdiction of the Hong Kong courts.
13.12. All parties agreeing to these Terms and Conditions do
not intend that any term of these Terms and Conditions should be enforceable or enjoyed, by
virtue of t he Contracts (Rights of Third Parties) Ordinance (Cap 623 of the Laws of Hong Kong),
by any entity or person who is not a party to these Terms and Conditions. The consent of any
entity or person who is not a party to these Terms and Conditions is not required to rescind or
vary these Terms and Conditions.
Last update: 1 January, 2023