Terms of Use
Fortune Malls
Application
This
agreement sets out the terms and conditions of this Application between you,
the user of Fortune Malls, and ARA Asset Management (Fortune) Limited, the
owner of this Application.
Definition
In these
Terms of Use, unless the context otherwise requires –
1.
“Application” means the Fortune
Malls mobile application.
2.
“ARA” means ARA Asset
Management (Fortune) Limited.
3.
“ARA”, “Fortune Malls”, “we”,
“our”, or “us” means ARA Asset Management (Fortune) Limited, the owner of this
Application.
4.
“Agreement” means the agreement
between the user of this application and its owner, ARA Asset Management
(Fortune) Limited.
5.
“Fortune Malls” includes +WOO, Fortune
City One, Ma On Shan Plaza, Metro Town, Fortune Metropolis, Laguna Plaza,
Belvedere Square, Waldorf Avenue, Caribbean Square, Jubilee Square, Smartland,
Tsing Yi Square, Centre de Laguna, Hampton Loft, Lido Avenue and Rhine Avenue,
of which +WOO, Fortune City One, Ma On Shan Plaza, Metro Town, Fortune
Metropolis, Laguna Plaza, Belvedere Square, Waldorf Avenue, Caribbean Square,
Jubilee Square, Smartland and Centre de Laguna have membership program in this
Application. The membership program and
its points are named as “Fortune+” and “Point+” respectively.
6.
“Program”, “Membership program”
means Fortune+.
Your
agreement to comply with and be bound by these terms and conditions is deemed
to occur upon your installing, copying or otherwise using the Application
and/or by clicking the “Download” or “Install” button of the Application for
downloading the Application to your mobile device. If you do not agree to be bound by these Terms
and Conditions, you should not download the Application or, if you wish to no
longer be bound by these Terms and Conditions, please terminate this Agreement
immediately by removing the Application from your mobile device.
The purpose
and function of the Application enables you to (but not limited to):
1.
search for shops, restaurants,
venues and other facilities at Fortune Malls;
2.
access and browse your Fortune+
account information (including your name, Fortune+ membership number,
membership valid date and current membership points, etc.);
3.
access the Fortune+ program, to
earn Point+, and to use the Point+ to redeem and/or reserve rewards during
designated promotion periods as set out in, but not limited to, the
Application, Fortune Malls website, in-mall posters or any other medium
provided by ARA from time to time, in each case in accordance with the Terms
and Conditions of the program;
4.
receive in-app notifications
and/or push notifications to your mobile device of the latest news, notices,
offers and information of and from ARA, Fortune Malls and/or Fortune Malls’
tenants. licensees, marketing agents or authorised representatives;
5.
other purposes ancillary or
related to the above.
Section 1: Fortune+ Membership Program
1.
To register for the Fortune+ Membership
Program, members have to fill in their valid mobile phone number in the “Mobile
No” column during registration or account update process to receive the system
verification code on their mobile phone.
Mobile phone number needs to be verified before enrollment into the
Fortune+ Membership Program.
2.
ARA shall not be liable for any
termination of Point+, rewards or account information due to the inaccurate or
non-updated personal information provided by the member.
3.
Member should follow the
guidance provided by ARA through the Application in setting up the password and
should securely store their password.
4.
Member may change the password
and their personal information, but any change shall be effective only if
accepted by ARA.
5.
Member shall exercise
reasonable care and diligence in keeping the password. At no time and under no circumstances shall
the user disclose their password to any other person.
6.
Member shall be fully responsible
for any accidental or unauthorised disclosure of the password to any other
person and shall bear the risks of the password being used by unauthorised
persons or for unauthorised purposes.
7.
Upon notice or suspicion of the
password being disclosed to any unauthorised person or any unauthorised use,
member shall notify ARA in person as soon as practicable (and ARA may ask the
member to confirm in writing on any detail given). Until actual receipt of such
notification by ARA, member shall remain responsible for any and all use of the
application by unauthorised person or for unauthorised purposes.
8.
Member can delete their
account, including their personal information, message(s), transaction history,
Point+, rewards and reservation by initiating the request in-person at a
designated customer service counter of Fortune Malls. Once the account is
deleted, the account and its corresponding data will not be recoverable and
will be erased from record permanently.
ARA will not assume any responsibility for the losses arising from the
member’s request of account deletion.
9.
The Application is compatible
with versions of iOS 13 and above, and Android 7.0 and above.
Section 2: Earning Point+
1.
Members can earn one (1) Point+
for every Hong Kong dollar (HK$1) for transactions one hundred Hong Kong
dollars (HK$100) or above spent by electronic payments (e.g. credit cards, EPS,
Octopus, Apple Pay, Alipay, WeChat Pay, Google Pay, Samsung Pay, BoC Pay,
UnionPay, TNG Wallet, Tap & Go, QuickPass, FPS, PayMe or other stored value
facilities under the regulatory supervision of the “Payment Systems and Stored
Value Facilities Ordinance” (Cap.584)) at qualified tenants of designated Fortune
Malls (i.e. +WOO, Fortune City One, Ma On Shan Plaza, Metro Town, Fortune
Metropolis, Laguna Plaza, Belvedere Square, Waldorf Avenue, Caribbean Square,
Jubilee Square, Smartland and Centre de Laguna), the above electronic payments methods.
The spending amount on each receipt must
be one hundred Hong Kong dollars (HK$100) or above. Amounts under HK$1 will not be counted towards
Point+ and the awarded Point+ will be rounded down to the nearest whole dollar
spent by the member.
2.
Members should redeem Point+ within
7 days of the date stated on the machine printed receipt. Expired receipts will
not be accepted for Point+ registration.
3.
Expiry date for Point+ is 31
December of each year. Point+ earned from 1 January to 23 December
in current year will expire on 31 December of the current year. Expired
Point+ will be forfeited automatically (Point+ earned from valid receipts
successfully uploaded between 24 and 31 December in the current year will be
granted and available to be used from 1 January the next year. Point+ earned
from new member registration and referral program will be granted on the same
day, and will expire on 31 December of the current year).
4.
For any valid receipt(s), only
the first ten thousand Hong Kong dollars (HK$10,000) daily shall be entitled to
earn Point+ (i.e. for any same day valid receipt(s), members can earn up to a
maximum of 10,000 Point+ daily). For any
valid receipt(s) beyond HK$10,000 on a day, no Point+ can be earned.
5.
Members may redeem Point+ for
rewards, or any other special rewards on offer as may be determined by ARA from
time to time at its absolute discretion. ARA reserves the right to change the
requirements for earning Point+ (including, but not limited to, the earning
rate, quota & redemption gift) without prior notice as well as the final
right of determination in case of disagreement or disputes.
6.
Members are entitled to earn Point+
by presenting valid, original and printed receipt(s) issued by qualified tenants
and the corresponding electronic payment slip(s). Each printed receipt issued by qualified tenants
(each representing a single transaction) must be registered via the Application
or at a designated customer service counter at the selected Fortune Malls to earn
Point+ within 7 days of the date stated on the machine printed receipt
7.
For Point+ Self-registration
through the Application, the maximum spending amount valid for each receipt
uploaded is two thousand nine hundred and ninety nine Hong Kong dollars (HK$2,999).
For Point+ Self-registration through the
Application, for spending three thousand Hong Kong dollars or above (HK$3,000
or above), only the first two thousand nine hundred and ninety nine Hong Kong
dollars (HK$2,999) will be entitled to earn Point+ and the remaining spending
will be forfeited.
8.
To register Point+ for any receipt
three thousand Hong Kong dollars or above (HK$3,000 or above), members must
register Point+ in person at the designated customer service counter at the
selected Fortune Malls (i.e. +WOO, Fortune City One, Ma On Shan Plaza, Metro
Town, Fortune Metropolis, Laguna Plaza, Belvedere Square, Caribbean Square,
Jubilee Square, Smartland). To register Point+ for any receipt for spending
incurred at Waldorf Avenue or Centre de Laguna at three thousand Hong Kong
dollars or above (HK$3,000 or above), members must visit the designated
customer service counter at the selected Fortune Malls (i.e. +WOO, Fortune City
One, Ma On Shan Plaza, Metro Town, Fortune Metropolis, Laguna Plaza, Belvedere
Square, Caribbean Square, Jubilee Square, Smartland). ARA shall not be liable
whatsoever for members to bring along the electronic receipts to the designated
customer service counter at the selected Fortune Malls, for amounts under two
thousand nine hundred and ninety nine Hong Kong dollars (HK$2,999).
9.
Only machine-printed receipt(s)
from qualified tenants will be accepted.
Any receipt(s) of cash, cash voucher payment, deposit and/or handwritten
receipt(s) will not be accepted. Photocopied or duplicated receipt(s) will not
be accepted.
10.
All valid receipts and
electronic payment slips must contain clearly the name of the merchant, shop
address, invoice number, transaction number, transaction date, amount of the
transaction.
11.
Receipts from the following
shops or services will not be eligible to register Point+: non-qualified
tenants at designated Fortune Malls, dental/clinic services; kiosks, exhibition
venues, temporary exhibition booths or pop-up stores; pre-sale vouchers
(including: cash vouchers/coupons, cake or food stamps, merchandise redemption vouchers,
gift cards, shopping cards and membership cards, etc.); the purchase or
topping-up of an Octopus, or value-added or payment services; estate agents;
banking and payment services; parking; online shopping (except for online movie
tickets) / online food delivery and online purchase (including pick up in
store) ; e-mail or phone reservations; cancelled or returned transaction;
exchange with EPS cash withdrawal; currency exchange; refundable deposit; or
other non-eligible transactions.
12.
Tips and all discounts obtained
from the use of cash coupon, promotional coupons or promotional codes and the
value of the Fortune Malls eVoucher will not be eligible for Point+
registration. Only the actual amount paid for goods/services will be counted.
13.
For instalment payment, the
full amount listed on the merchant’s machine-printed receipt will count towards
redemption. For non-refundable deposit
payment and corresponding balance payment, the amount listed on the respective
merchant’s machine-printed receipts will count towards redemption.
14.
Each receipt and corresponding
payment slip can only be used for Point+ registration once and cannot be used
in conjunction with other offers and promotions.
15.
If a member wants to cancel a
purchase that has been used to redeem Point+ and subsequently gets a refund,
the member must first return the earned Point+ at the customer service counter
at the selected Fortune Malls where the spending was made before getting a
refund from the merchant. If a member is
found using receipts that have earned Point+ to get a refund, ARA has the absolute
discretion to deduct corresponding Point+ from their account. The Member is also required to return the
redeemed rewards or gifts.
16.
Point+ has no cash value and is
not exchangeable for cash. Point+ cannot
be sold, purchased, assigned or transferred.
17.
Members are required to keep
all supporting documents for verification purposes (as may be required by ARA)
for a period of six (6) months from the date of Point+ registration of the
relevant receipt.
18.
No change can be made for successfully
submitted transaction of Point+. Only
receipts and corresponding electronic payment slip that belong to the specified
member name(s) will be accepted for Point+ registration and/or reward
redemptions. The name or phone number shown
on the electronic payment card or device must be the same as the registered
member’s name or phone number. ARA may
request the member to present the relevant credit card/EPS/mobile device for
verification purposes.
19.
If there are any questions
about Fortune+ or Point+, members shall contact the customer service counter at
designated Fortune Malls (i.e. +WOO, Fortune City One, Ma On Shan Plaza, Metro
Town, Fortune Metropolis, Laguna Plaza, Belvedere Square, Waldorf Avenue, Caribbean
Square, Jubilee Square, Smartland and Centre de Laguna). ARA shall not be
liable whatsoever for any replies from tenants or non-Fortune Malls staffs.
20.
ARA reserves the right to
change the basis on which Point+ are awarded (including exchange rate of Point+)
at any time without prior notice at ARA’s sole discretion from time to time.
21.
Members will be able to view
their Point+ account balance and expiry date through the Application during the
designated promotion period.
22.
For additional Terms &
Conditions regarding Point+ earning, please refer to the updated notice from
ARA in various communication channels from time to time.
23.
ARA retains the right to
withhold any point registration from members with faulty receipts, including
but not limited to an (i) unclear receipt photo upload, (ii) duplicated
receipt, (iii) a transaction paid by cash, (iv) unmatched amount input from the
corresponding receipt and self-registration of Point+, (v) over the daily
maximum point registration limit, etc.
Point+ will not be issued on any unregistered, void, and partially or
fully refunded transactions. In case of
any suspected intentionally fraudulent, ARA reserves the right to suspend or
disable the member’s access to the Program without prior notice and ARA reserves
the right of final decision in case of any dispute.
Section 3: Point+ Self-Registration
In addition
to Section 2 above, should the member upload receipts and corresponding
electronic payment slips via the Application for earning Point+, the member
will be subject to the following terms and conditions:
1.
For Point+ self-registration,
member can upload a maximum of five (5) merchant’s machine-printed and one (1) corresponding
electronic payment slip in the same transaction. Submission in which either the merchant’s
receipt or payment slip is missing or not matching will not be accepted.
2.
The submitted merchant’s
receipt and payment slips would be verified within seven (7) days. Members will receive in-app Point+ status
notification. Members should ensure
these notifications are enabled in the application to receive the update
information.
3.
Members are required to enter
their spending information, including the mall, shop name, invoice date, invoice
amount and receipt number etc. If
members enter the information incorrectly or incompletely, the submission will
be rejected and they will have to re-submit the spending information within seven
(7) days upon receiving in-app status notification. Members should ensure these notifications are
enabled in the application, members should re-upload correct information and
corresponding receipts within 7 days after receiving the in-app status
notification. ARA has no responsibility for any unsuccessful re-upload in case
of overdue or missed in-app status notification.
4.
Only clear images of merchant’s
machine-printed receipts and electronic payment slips will be accepted for
Point+ self-registration through the Application. Members should ensure their mobile network
connection is stable while uploading the receipt and electronic payment slip. ARA has no responsibility for any unsuccessful
upload in case of unstable mobile network connection.
5.
ARA reserves the right to
decline any Point+ registration for any inaccurate, incomplete and/or
inadequate submission.
6.
All images submitted would be
used for Point+ registration, verification purpose and internal audit only and
will be destroyed after 3 months.
7.
ARA reserves all the rights to
amend the terms and conditions above and ARA reserves the right of final
decision in case of any dispute.
Section 4: Redemption of Rewards
Members may
use valid and unexpired Point+ to redeem rewards in accordance with the
designated promotion period as set out in the Application, Fortune Malls
website, in-mall posters or any other medium provided by ARA from time to time.
1.
Redemption of reward is subject
to the required Point+, stock availability and on first-come-first-served
basis. Members will obtain a QR code for
each successful redemption and shall present the QR code in the Application
during reward redemption at customer service counters at designated Fortune
Malls (i.e. +WOO, Fortune City One, Ma On Shan Plaza, Metro Town, Fortune
Metropolis, Laguna Plaza, Belvedere Square, Waldorf Avenue, Caribbean Square,
Jubilee Square, Smartland. (Redemption of Rewards of Centre de Laguna is
applicable to Laguna Plaza)). Screenshots will not be accepted.
2.
All photos of reward items are
for reference only and the actual products may vary.
3.
Each reward lists the
designated mall available for redemption and available redemption date. Members can select the mall for
redemption. Member must redeem the
reward at the designated customer service counter/ gift redemption station at
the designated mall before available redemption date and cannot make any
change. ARA shall not be liable
whatsoever for any loss arising directly or indirectly form redemption.
4.
All reward items are provided on
“as-is” condition and are without any representation or warranties of any kind,
including, but not limited to, warranties of merchantability, non-infringement
of intellectual property, satisfactory quality or fitness for any particular
purpose and save as expressly provided in these terms and conditions, any and
all such representations and warranties, whether expressed or implied by
statute, common law, trade usage or otherwise, are hereby expressly excluded to
the maximum extent permitted by law. ARA
does not warrant or make any representations regarding the use, validity,
accuracy, or reliability of, or the results of the use of or otherwise in
respect of the materials on this site or any sites linked to this site.
5.
ARA shall not be responsible
for the condition of, the operation of, or any damage, loss or bodily injury
arising from usage of the reward items.
All product warranties or queries on the rewards redeemed should be
referred to the original supplier or manufacturer directly. Any dispute concerning the rewards shall be
settled between the member and the supplier or manufacturer concerned who supplied
the rewards.
6.
Under no circumstances
(including, but not limited to, negligence, omission or default) shall ARA be
liable for any direct, indirect, special, incidental or consequential damages,
including, but not limited to, loss of profit, business interruption or loss of
information or data, arising out of the use or the inability to use the rewards
even if ARA or an ARA representative has been advised of the possibility of
such damages.
7.
Members hereby expressly
acknowledge that any reward redeemed is the transaction between the members or
the relevant goods or service providers and that there is no contractual
relationship between ARA or Fortune Malls and the members in any kind of goods or
services redeemed.
8.
All redemptions of Point+ for
rewards are to be made with sufficient and valid Point+ balance during a
designated promotion period and are subject to ARA’s final acceptance. The
required Point+ for the reward redemption will be deducted from the member’s
account upon successful redemption.
9.
ARA reserves the right to
change the terms and conditions for the redemption of rewards, and the amount
of Point+ required for redemption of rewards from time to time without prior
notice.
10.
Any rewards redeemed by the member
cannot be exchanged for cash nor may any application for redemption of Point+
for a reward be revoked or cancelled by the member. No cash refund will be given in relation to
any rewards redeemed by the member and/or any unredeemed Point+.
11.
Any vouchers that may be
redeemed as rewards under the Program shall not be redeemable for cash and the
use of such vouchers shall be further subject to the terms and conditions
stipulated by the respective merchants supplying such vouchers.
12.
All rewards are subject to
availability (including, but not limited to, stock and time availability), and
any restriction may apply as to where and when the rewards may be redeemed. ARA reserves the right, at its sole
discretion, to discontinue any reward item or to substitute a similar reward
item of equivalent value at any time without prior notice. ARA provides no guarantee that any rewards
will remain available for the entire term of any designated promotion period.
13.
In case of disputes related to
reward redemption, ARA reserves the right of final decision, without giving any
reason therefor.
14.
ARA reserves the right to
request proof of identity for inspection during redemption.
Section 5:
Fortune Malls eVoucher
1.
A mobile device
with the latest version of Fortune Malls APP, internet access and photography
function are required to access Fortune Malls APP eVoucher (“eVoucher”).
2.
The eVoucher is
applicable for use at the participating merchants. The participating merchant
lists are available on the Fortune Malls APP or www.fortunemalls.com.hk/en/membership.
3.
Fortune+ members
are required to read the terms and conditions before redemption. Upon
confirmation, the corresponding Point+ will be deducted instantly from the
member’s Fortune+ account and will be automatically forfeited. No cancellation or
Point+ refund is allowed after redemption. The redemption process should be
completed within the Fortune Malls APP.
4.
To use the
eVoucher, Fortune+ members are required to log onto their Fortune+ account
using the Fortune Malls APP and scan the designated QR code provided by
participating merchant. The participating merchants are required to provide a
tenant code to Fortune+ members to use the eVoucher and members will need to
inform the participating merchants the number of eVouchers they would like to
use to complete the transaction.
5.
Once the eVoucher
is used in the transaction, a confirmation page and unique transaction
reference number will be shown on the member’s Fortune Malls APP. Please show
the transaction reference number to the participating merchant as confirmation.
6.
The validity period of the eVoucher is 180 days from the date of
redemption (including the same day of redemption) or as otherwise stated on the
eVoucher.
7.
Fortune+ members
are required to use the redeemed eVoucher at the designated mall and/or
participating merchants within the validity period. The eVoucher is void upon
expiry.
8.
The eVoucher
cannot be converted back to Point+ or cannot be cancelled, altered, or
exchanged for cash, change nor for other coupons or gifts under any
circumstances once it is redeemed or used.
9.
Transfer of the
eVoucher to other Fortune+ members and non-members is not allowed. Each
transaction is limited to the Fortune Malls eVoucher held in the account of the
Fortune+ member.
10.
The eVoucher is
valid for one-time use only. A maximum of 10 eVouchers of each denomination can
be used for each transaction.
11.
There is no
minimum spending requirement for using eVoucher. The total value of each
eVoucher will be deducted in full when used, and the balance of any unused
value will not be refunded.
12.
The eVoucher can
be used in conjunction with other merchants’ promotional offers (unless
otherwise specified).
13.
The
participating merchants shall bear sole responsibility for all obligations and
liabilities related to the goods or services provided in return.
14.
The value of the
eVouchers will not be eligible for Point+ registration, and participation in any
promotion, rewards, redemption or activities organised by Fortune Malls. Only
the actual amount paid will be eligible for Point+ registration.
15.
The eVoucher is not
applicable to any purchase of pre-sale vouchers (including cash vouchers/coupons, cake or
food stamps, merchandise redemption vouchers, gift cards, shopping cards and
membership cards, etc.); any purchase or topping-up of an Octopus or any other
stored value facility; banking and payment services; any payment of parking and the
same transaction of using Health Care Voucher(s).
16.
Fortune Malls
and the participating merchants will not bear any responsibility in the event
of network problems, system malfunction, poor reception, blocking by third
party applications, incomplete/ inaccurate/ missing information provided by members
that causes delay, loss, mistake or corruption of an information transfer, resulting
in the failure of the completion of order/transaction or other issues concerning
the order/transaction.
17.
Fortune Malls
will not reissue the eVoucher if lost or stolen. Screencaps,
photocopies of the eVoucher will not
be accepted.
18.
In case of
disputes, Fortune Malls reserves the right of final decision.
Section 6: Grant of Licence
Subject to
the users’ compliance with these Terms and Conditions, ARA hereby agree to grant
users a personal, limited, non-exclusive, non-transferable, revocable licence
to use a single copy of the Application on a single mobile device primarily
used by you for private and/or non-commercial purposes only. Other unauthorised uses of the Application are
prohibited including but not limited to the re-sale, transfer, modification of
this Application.
This
Agreement is effective until terminated. You may terminate this Agreement at any time
by uninstalling the Application and destroying all copies of the Application in
the possession.
Upon any
termination, you agree to immediately uninstall the Application and destroy all
copies of the Application, any accompanying documentation and all other
associated materials. ARA reserves the
right to terminate this Agreement at any time if user is in breach of any of
the terms of this Agreement.
ARA may, at
any time and without giving notice, make changes, corrections and/or
improvements to the Application, stop providing the Application or feature of
the Application to users generally, or create usage limits for the Application.
Section 7: Ownership of the Application
ARA retains
all rights, titles and interests (including intellectual property rights) on
all text, graphic images, logos, icons, sound clips, video clips, data
compilations, page layout, underlying code (including object and source codes),
software and any other materials (the “Content”) in and to the Application.
Any act of copying
the Application or the materials contained therein without prior written
permission of ARA or modifying or re-using the text or graphics on the
Application is prohibited. ARA reserves
all rights not expressly granted under this Agreement.
Subject to
the agreement on following terms, you may use the Application for personal
purpose only, which includes recreational use and social use.
1.
The user may not to use the
Content of the Application for commercial purposes; and/or
2.
systematically copy the Content
from the Application with a view to creating or compiling any form of
comprehensive collection, compilation, directory or database.
Section 8: Links from the Application
The
Application may contain links to other websites and resources provided by third
parties. These links are provided for
your information and/or easy access only. ARA has no control over contents of those
sites and resources and has no responsibility for any loss or damage that may
arise from your use of them. ARA is not
responsible for the privacy practices adopted in these other websites and
resources and strongly recommend that you should review and consider the
privacy policies of these websites and resources before accessing them.
Section 9: Disclaimers
1.
Whilst ARA endeavours to keep
the content or products included on the Application up to date, ARA makes no
representations or warranties of any kind, express or implied, as to the
operation of the Application or the accuracy, adequacy and completeness of the
content or products included on this Application or any third party software
that may be used in connection with this Application.
2.
To the full extent permissible under
applicable law, ARA disclaims all warranties, express or implied thereof. The Application and software are provided “as-is”
and “as-available” without warranty of any kind. ARA accepts no liability for any disruption
or non-availability of the Application resulting from external causes
including, but not limited to, ISP equipment failure, push server failure, host
equipment failure, communications network failure, power failure, natural
events, acts of war or legal restrictions and censorship.
3.
ARA shall not be responsible or
liable for any loss or damages or indemnifications arising or resulting from or
caused by the installation, ability/inability to use or improper running of
this Application or contents being unable to be downloaded or lost internet
connectivity or interruptions, delays, defects or omissions that may exist in
the contents provided in this Application or the links to other websites and
resources provided by third parties, or whatsoever kind arising out of user’s
use of or access to the Application including loss of profit or the like
whether based on breach of contract, tort (including negligence), product
liability or otherwise. Users should be
aware that they use the Application and its content at their own risk.
4.
ARA does not guarantee that no
viruses or other contaminating or destructive properties may be transmitted
through this Application, or that no damage will occur in the users’ mobile
smart phone or any other devices. You
have the sole responsibility for ensuring adequate protection and back-up data,
information and/or equipment, and for undertaking appropriate precautions to
scan for computer viruses or other destructive properties. ARA is not liable for any damage or alteration
to user’s equipment including but not limited to computer equipment, handheld
device or mobile telephones as a result of the installation or use of the
Application.
5.
The information provided in the
Application is intended for general information purposes only. No part of this Application is intended to
constitute advice and the content of this Application should not be relied upon
when making any decisions.
6.
Where information in the
“Promotions” section in this Application is supplied by the relevant Product
and Service Providers, ARA shall not be responsible for any loss or damages
arising from the use of or the inability to use the information and/or the
products and/or services offered by the Product and Service Providers.
Section 10: General Terms and Conditions
1.
This is the entire agreement
between the user and ARA relating to the subject matter herein and will not be
modified except in writing, or by a change to this Agreement by ARA.
2.
ARA reserves the right to
revise this Agreement at any time without notice to its users. Some of the provisions contained in these
Terms and Conditions may also be superseded by provisions or notices published
elsewhere at Fortune Malls. ARA will use
reasonable efforts to ensure that any important changes will be notified to users
by an appropriate method, such as a notice at Fortune Malls. However, it is your responsibility to check
the terms and conditions regularly to take notice of any changes we make. Users’ continued use of the Application after
any changes to the terms and conditions will constitute the acceptance of such
changes. If you do not agree with any
changes or additions we make, please refrain from using the Application.
3.
User cannot nor allow third
parties on user’s behalf to make and distribute copies of the Application; or
attempt to copy, reproduce, alter, modify, reverse engineer, disassemble,
decompile, transfer, exchange or translate the Application; or create
derivative works of the Application of any kind whatsoever.
4.
The Application is made
available to users free of charge for users’ private and non-commercial
use. ARA reserves the right to amend or withdraw
the Application or change for the Application or service provided to user in
accordance with these Agreement at any time and for any reason.
5.
Users acknowledge and agree
that they may be charged by their respective mobile network services providers
or such third-party charges while using this Application (including roaming
charges). You are fully responsible for
any such charges that may incur.
6.
This Application is available
to handheld mobile devices running Apple iOS and Android Google Play. ARA does not accept any responsibility
whatsoever for unavailability of the Application, or any difficulty or
inability to download or access content or any other communication system
failure which may result in the Application being unavailable. You acknowledge that the Application is
provided over the internet and mobile networks and so the quality and
availability of the Application may be affected by factors outside ARA’s
reasonable control.
7.
Users must possess a mobile
smart phone, mobile device or mobile network that is compatible up to the
configuration standards with Internet connectivity in order to use this
Application which is compatible with mobile devices operated by Apple’s iOS
11.0 or above or Android 7.0 or above.
These software requirements might be upgraded or changed time-to-time to
stay compatible with functionality changes.
8.
ARA reserves the right to terminate
the use of the Application at any time without giving notice or reasons the
users.
9.
If any terms in this Agreement
shall be illegal, invalid or for any reason unenforceable in whole or in part,
under any ordinance or law, such term shall to that extent be deemed not to
form part of this Agreement and legality, validity or enforceability of the
remaining terms will not be affected.
10.
This Agreement will be governed
by and construed in accordance with the laws of Hong Kong Special Administrative
Region of the People’s Republic of China. Users agree to submit exclusive jurisdiction
of the Courts in Hong Kong with respect to any legal proceedings that may arise
in connection with this Application, or from a dispute as to interpretation or
breach of this Agreement.
11.
A person who is not a party to
this Agreement has no right under the Contracts (Rights of Third Parties)
Ordinance (Cap. 623) (“Third Parties Ordinance”) to enforce or to enjoy the
benefit of any term of this Agreement.
For the avoidance of doubt, this term shall not affect any right or
remedy of a third party which exists or is available apart from the Third
Parties Ordinance.
12.
In the event that there is any
inconsistency between the English and Chinese versions of this Agreement, the
English version shall apply and prevail.
Section 11: Privacy
The use of
the Application is also governed by our Privacy Policy Statement (“PPS”) and
Personal Information Collection Statement (“PICS”) which have been incorporated
into this Agreement and are set out below. We safeguard information provided by
our members and web site users ("User").
Section 11.1: Privacy Policy Statement (“PPS”)
1.
ARA Asset Management (Fortune)
Limited (“ARA”, “we”, “our” or “us”) respects your legal rights of privacy when
collecting, storing, using, processing and transmitting Personal Data and this
PPS explains our privacy practices. We
are legally required to comply with the Personal Data (Privacy) Ordinance (Cap.
486) of the Laws of Hong Kong Special Administrative Region when collecting,
holding, using and/or processing your Personal Data. In doing so, we will ensure compliance by our
staff to the strictest standards of security and confidentiality.
2.
Users are strongly recommended
to read this PPS carefully to have an understanding of our policy and practices
regarding how your Personal Data will be collected, treated and processed. The provisions of this PPS may be updated,
revised, varied and/or amended from time-to-time as we deem necessary. It is the Users’ obligation to regularly
check for any changes in this PPS.
3.
By providing your Personal Data
to us, you are consenting to this PPS and the collection, use, transfer,
storage and processing of your Personal Data as described in this PPS.
4.
If you are under the age of 18,
you shall have your parent’s or guardian’s consent before you provide your
personal data to us.
5.
Kinds of Information Collected
Depending on the types of goods and/or services we provide to you,
we may collect two basic types of data from you, “Personal Data” and
“Non-Personal Data”:
a.
Personal Data
The following are the common situations when we may collect and
store your Personal Data, which include but are not limited to:
·
registration for Fortune+
program, enjoying benefits or otherwise using our services as a member of Fortune+,
activities and/or other services;
·
using and/or browsing our
mobile applications;
·
purchasing and/or using our
services, including without limitation to subscribing to our communication
materials;
·
entry and/or participating in
any of our promotional, marketing or advertising activities;
·
collect consumption data by
using mobile camera, like machine printed receipt and electronic receipt;
·
posting, uploading, creating or
otherwise generating any content and/or information including any artistic,
musical, literary, sound recording, film and/or type of work on our website
and/or mobile application; and
·
request for customer service or
other assistance in connection with our products and/or services.
b.
Non-Personal Data
We may keep an activity log which does not
identify you individually and cannot be used to identify the identity of any
particular user. Generally, we collect
and store the following categories of Non-Personal Data:
·
information about your device
that you use to access our mobile applications, such as the device name,
operating system, IP address, version, the type of network and mobile Internet browser
you use, the browser type and configuration, the geo-location information and
other unique device identifiers of the device, browsing preferences (for
example: language settings and default malls) etc.; and
·
information about your use of
the mobile application, such as the domain names you visit and the specific
actions you take on the mobile application, the number of new or returning
visits, statistics on the pages visited and referred, a reading history of the
pages and sites you have visited and viewed, search terms used and search
results, error and crash statistics, traffic data (such as time, duration and
date of access).
6.
Purposes and Uses of Personal
Data Collected
The purposes for which we may use your Personal Data and
non-personal data will be stated in the Personal Information Collection
Statement (“PICS”), application form, terms and conditions, mobile application
and/or webpage relevant to your provision of Personal Data to us. If you do not provide us the personal
information/data, we may not be able to provide certain services in this
Application.
7.
Disclosure and Transfer of
Personal Data
We endeavour to ensure security and confidentiality of all personal
information/data provided by users through this Application. We will take all practicable steps to keep
your Personal Data confidential. By
downloading and using this Application, users agree, consent and authorise us
to disclose and/or transfer their personal information/data to our staff or
contractors, irrespective of whether they are located within or outside Hong
Kong. We may disclose, transfer and/or
assign such data to the following parties:
·
any agent, adviser, auditor,
contractor or third party service provider who provides administrative,
telecommunications, computer, payment, fraud prevention, insurance, data
processing, management services, letting and licensing services, marketing and
promotional services, and/or other services to us in connection with the operation
of our business and/or the relevant service(s);
·
any actual or proposed
assignee, transferee or successor of or to ARA’s rights in respect of your
Personal Data if ARA decides to sell, merge and/or reorganise any part of its
business;
·
any person under a duty of
confidentiality to us or who has undertaken to keep users’ personal
information/data confidential and use them in strict compliance with the
requirements of Personal Data (Privacy) Ordinance (Cap. 486);
·
where we consider it necessary
to do so in order to protect with applicable laws, regulations, including but
not limited to judicial proceedings, court orders or legal services.
We may also
disclose and/or transfer your Personal Data in the manner as stated in the
Personal Information Collection Statement and/or any terms and conditions.
The parties
to whom we disclose and/or transfer your Personal Data may be situated outside
of Hong Kong where there may not be in place data protection laws which are
substantially similar to or serve the same purposes as the Personal Data
(Privacy) Ordinance.
8.
Links to Other Websites
The Application may contain links to other websites and resources
provided by third parties. If you click
on any of these advertisements or hyperlinks, you may leave our mobile
application for another location. At any
other website, the protection of your privacy, Personal Data and your exposure
to cookies are not our responsibility and you are advised to refer to the
privacy policy of that other location (if any).
This application may allow you to link and/or connect to third party
social networking sites. If you choose
to link and/or connect to these third-party social networking sites, we may be
able to collect certain Personal Data from your social networking profile in
those sites. In that case, we will
collect and use such Personal Data only for the purpose of providing you with
the connection to the social networking sites.
9.
Use of Cookies
This Application uses Google Analytics, a web analytics service
provided by Google, Inc. (“Google”). Google Analytics uses “cookies” for
tracking and examining usage of this Application in order to prepare analytical
reports and to monitor traffic in this Application, as well as to improve,
customize and enhance your browsing experience.
Users can share this Application in other social networking sites
such as Facebook, Instagram and WeChat. We
do not control these cookies and you should check the relevant third-party
websites to see how your information is used and how to opt-out.
Users may choose to reject all or some cookies at any time by
changing the setting of your web browser on your device. However, please be aware that you will not be
able to use some of the functions of this Application if you choose to delete
or restrict cookies.
10.
Security and Storage of
Information
Except the above mentioned, your Personal Data will be stored and accessed
only by our employees or contractors who are authorised to do so. Your Personal Data will be automatically stored
and will be kept on a secured server and will be encrypted and/or
password-protected (or under some equivalent form of protection) and accessible
only by authorised personnel of ARA or its contractors. The
network transmission of Personal Data will also be protected by using the SSL
protocol. Personal Data are treated as confidential information by ARA and all staff
and contractors designated to handle Personal Data will be instructed to do so
only in accordance with this PPS.
11.
Use of Personal Data in Legal Proceedings
If it becomes necessary that we have to take action against you for
any reason whatsoever including recovering from you any money you owe us, you expressly
agree that the Personal Data provided by you can be relied upon in identifying
and taking legal action against you.
12.
Right to access and Correct
Personal Data
You may at any time request access to and correct Personal Data
relating to you in any of our records. You
may also ask us to delete your Personal Data from any active mailing or
distribution list. We have the right to
charge you a reasonable fee for processing of any information/data access
request. If you wish to access or make
amendments to your personal information/data held by us, please send such
request by post to our Personal Data Privacy Officer:
ARA Asset Management (Fortune) Limited
Shop 901, Level 9
Fortune Metropolis
6 Metropolis Drive, Hung Hom
Kowloon, Hong Kong
Attention: Personal Data Privacy Officer (Legal Department)
(Please mark as “Confidential”)
13.
Retention of Personal Data
Personal Data provided by you are retained by us for as long as the
purposes and any directly-related purposes for which such data were collected
continue. Once it is not necessary to
use the Personal Data to fulfill such purposes, they are then destroyed within
a reasonable time unless their retention is required to satisfy legal,
regulatory or accounting requirements or to protect the ARA’s interests.
14.
This PPS may from time to time
be updated, revised and changed. Any
change, update or modification will be effective immediately upon being posted
in the Application. You should check the
Application for updates to this PPS on a regular basis.
15.
In the event that there is any
inconsistency between the English and Chinese version of this PPS, the English
version shall prevail.
Section 11.2: Personal Information
Collection Statement (“PICS”)
Where your personal
data is collected in connection with the website/Application (defined below),
our use of such personal data shall be in accordance with the terms and
conditions of this PICS and the website/Application’s Terms of Use accessible
within the website/Application (the “Terms”).
Where your personal data is collected in connection with a specific
activity, event, service and/or program in connection with the Program (defined
below) offered by ARA Asset Management (Fortune) Limited (“ARA”), in addition
to this PICS and the Terms, you should also refer to ARA’s Privacy Policy
Statement accessible within the website/Application (“PPS”), the personal
information collection statement and any terms in connection with such
activity, event, service and/or program.
By downloading,
accessing or continuing using the website/Application and providing us with
your personal data, you accept and consent to the practices described in this
PICS, the PPS, as well as any other personal information collection statement
applicable to any activity, event, service and/or program in connection with
the Program, though which your personal data is collected.
The terms in this
PICS may change from time to time. We
will alert you of such changes by posting the updated PICS in the
website/Application. Your continued
access to the website/Application after the posting of such changes indicates
your consent to the same.
1.
Purposes for which we collect Data
The personal data provided by you will be used for your enrolment to:
a.
the Fortune+ Membership Program at +WOO, Fortune
City One, Ma On Shan Plaza, Metro Town, Fortune Metropolis, Laguna Plaza,
Belvedere Square, Waldorf Avenue, Caribbean Square, Jubilee Square, Smartland
and Centre de Laguna (the “Program”) offered by ARA;
b.
the mobile application named “Fortune Malls” (the
“Application”). If you want us to
process your enrolment to the Program and/or to use the Application, you must
provide the personal data marked as “mandatory” in the applicable registration
form. The types of personal data we may
collect from you include, without limitation, your name, member ID, mobile
number, email address, month of birth, gender, age group and the transaction
information of your purchases made (such as merchant name and date and amount
of purchase) at the malls under the Program.
We suggest that you fill in your English name in the form as shown on
your Hong Kong identity Card in the “Name” field, to facilitate verification of
your identity at various instances of your participation in the Program and/or
use of the Application. On the other
hand, it is entirely voluntary for you to provide personal data which is not
marked as “mandatory” in the relevant registration form.
c.
using our services, including without limitation to
subscribing to our email alerts or communication materials offered by ARA; and
d.
request for general enquiries, leasing enquiries,
customer service, feedback, enquiries, or other assistance, in connection with
our products and/or services.
If you want us to process your enrolment to the email alerts, respond to
your request for general enquiries, leasing enquiries and/or to use the
website, you must provide the personal data marked as “mandatory” in the
applicable registration form. The types
of personal data we may collect from you include, without limitation, your
name, address, telephone number, fax and email address. It is entirely voluntary for you to provide
personal data which is not marked as “mandatory” in the relevant registration
form.
The personal data
provided by you will also be used by ARA (as defined in the Terms) for the
purposes of:
a.
processing the application, administering,
operating, managing, continuing, terminating and recovering of your enrolment
in the Program and use of the website/Application;
b.
operating, managing, customising, enhancing,
optimising and improving the Program and the website/Application;
c.
providing you with news, notices, and other
communications in relation to Fortune Malls and/or ARA (including, but not
limited to, providing updates in relation to ARA, Fortune REIT, Fortune Malls,
Fortune Malls’ tenants and/or joint promotion partners selected by ARA, events
held at or by ARA, Fortune Malls, Fortune Malls’ tenants and/or joint promotion
partners selected by ARA, including without limitation through email, mail,
in-app notification, and/or push notifications to your mobile device);
d.
earning, recording, accumulating and keeping track
of your Fortune Malls Point+ for rewards redemption and issuance of redemption
letters and other communications (including, but not limited to, by email,
through in-app notifications, and/or push notifications to your mobile device)
in relation to the same;
e.
operating and managing your account and dealing
with any accumulated Point+ in accordance with the Program;
f.
identifying and verifying your identity and/or as a
member;
g.
making disclosure to any law enforcement agency or
governmental authority in Hong Kong under the requirements of any applicable
law or regulation; detecting, preventing, or otherwise addressing fraud or
security issues; or protecting against harm to the rights, property or safety
of ARA, Fortune Malls and/or Fortune Malls’ tenants;
h.
handling and following up customer service calls,
enquiries, feedback and/or complaints relating to or arising from the Program,
website/Application (including but not limited to, by email and/or by phone);
i.
enabling us to better understand the demographics
of our users;
j.
protecting the rights or properties of ARA, Fortune
Malls and Fortune Malls’ tenants; and
k.
other purposes ancillary or related to the above.
2.
Use of Personal Data in Direct Marketing
We intend to use your
personal data in direct marketing, and we may not so use your personal data in direct
marketing, and we may not use your personal data unless we have received your
consent (including an indication of no objection). We shall use your family name, given name,
birth month, gender, age group, email address and contact phone number for marketing
the following categories of services:
a.
Mall services and products of Fortune Malls and/or
Fortune Malls’ tenants;
b.
Rewards, promotions, events and benefits related to
or offered by Fortune Malls, Fortune Malls’ tenants and/or ARA;
c.
Joint promotions with merchants and business
partners selected by ARA and offering discounts, special offers or other
benefits to Fortune Malls’ customers and/or Program members.
When you first provide your personal information to us through an
application form, if you object to our use of your personal data for the
relevant direct marketing purposes, please tick the relevant checkbox which
allows you to opt out of our direct marketing activities. If you do not tick
the box and if you confirm your understanding and acceptance to the applicable
personal information collection statement, privacy policy and/or terms and
conditions, you agree that we may use your personal data for the relevant
direct marketing purposes.
You may also change your mind and request that we stop sending you
direct marketing materials and/or communications at any time by changing the
notification settings in the website/Application, emailing us at
app.cs@fortunemalls.com.hk and/or contacting us at the address provided at the
end of this PICS. We will, at no cost to you, comply with your request within a
reasonable time.
3.
Disclosure/ Transfer of Personal Data
The personal data
collected will be used for the purposes above. We will take all practicable
steps to keep your personal data confidential, but we may transfer/ assign such
data to the following parties:
a.
any agent, adviser, auditor, contractor or third
party service provider who provides administrative, telecommunications,
computer, payment, fraud prevention, insurance, data processing, management services,
letting and licensing services, marketing and promotional services, and/or
other services to us in connection with the operation of our business;
b.
any actual or proposed assignee, transferee or
successor of or to ARA’s rights in respect of your Personal Data if ARA decides
to sell, merge and/or reorganize any part of its business;
c.
any person under a duty of confidentiality to us or
who has undertaken to keep users’ personal information/data confidential and
use them in strict compliance with the requirements of Personal Data (Privacy)
ordinance (Cap. 486);
d.
where we consider it necessary to do so in order to
protect with applicable laws, regulations, including but not limited to
judicial proceedings, court orders, or legal services.
4.
Use of Cookies
When you access or use the website/Application, ARA may use cookies, web
beacons and/or unique device identifiers to identify your device and to store
and track information about your browsing activities and histories, user
preferences and other actions in the website/Application for the purpose of
operating, managing and improving the website/Application and the Program. In order for the website/Application to work
properly, it is not possible to disable these cookies, web beacons and/or
unique device identifiers. If you do not
agree to our use, you should cease downloading, installing, accessing and/or
using the website/Application and uninstall the same.
5.
Right to Access and Correction of Personal Data
You have the right to request access to and the correction of the
personal data relating to you in any of our records. You may also ask us to delete your personal
data from any active mailing or distribution list. You may send such request by post to our
Personal Data Privacy Officer:
ARA Asset Management
(Fortune) Limited
Shop 901, Level 9
Fortune Metropolis
6 Metropolis Drive,
Hung Hom
Kowloon, Hong Kong
Attention: Personal
Data Privacy Officer (Legal Department)
(Please mark as
“Confidential”)