GNC Gold Card Programme
(for application for membership in Hong Kong)
Terms & Conditions (Version: July 2017)
The GNC Gold Card Programme (“Programme”) is operated by General Health Development Limited trading as GNC (“GNC “, “we”, “us”, “our”), operating the Retail Outlets (as defined below). Your participation in the Programme is governed by these GNC Gold Card Programme Terms and Conditions (“Terms and Conditions”). By applying for membership of the Programme, you agree that you have read and understood these Terms and Conditions and agree to be bound by the terms herein.
1.1 In these Terms and Conditions, the following words shall be construed as follows:
A. “Gold Card Service Hotline” means GNC customer service hotline at (852) 2299 3390, or such telephone number as notified by us from time to time.
B. “Gold Card Website” means our website located at www.gnclivewell.com.hk or such website as notified by us from time to time.
C. “Member” means a registered member of the Programme.
D. “Membership Card” means the membership card issued to you for enjoyment of benefits upon your successful registration with the Programme.
E. “Mini Card” means the supplementary card(s) provided with the Membership Card.
F. “GNC Membership Card” means Membership Card and Mini Card.
G. “Third Party Service Providers” means third party service providers working with us and/or engaged by us to provide services including (i) data entry; (ii) customer database management; (iii) customer contact; and (iv) secure data disposal services, including personal data.
H. “Our Business Partners” means any merchant(s) that may be invited to join the Programme from time to time.
I. “Retail Outlets” means GNC specialty stores, counters and point of sales in Hong Kong and Macau operated by GNC and/or other third party(ies) designated by us from time to time (including Mannings stores).
J. “Excluded Items” means “CWG”, “Today’s Special” items, fixed price items, range discount, gift vouchers, gift cards, infant and children milk powder, baby diapers, phone cards, counters/pharmacy counter products, stamp redemption items, EPS Easy Cash, Octopus card value-adding services and the plastic shopping bag charging or any other items as determined by GNC from time to time.
K. “GNC products” mean for the purpose hereunder, those GNC products at the Retail Outlets or such other products as determined by GNC.
2. Application of the Terms and Conditions
2.1 These Terms and Conditions form an agreement between you as a Member and GNC. These Terms and Conditions may be amended from time to time without prior notice to you. Where practicable we will communicate with you about material changes to the Terms and Conditions.
2.2 From time to time our Business Partners may be invited to join the Programme in order to offer you more rewards and targeted offers. Offer you more rewards and targeted offers.
3. Membership application
3.1 In order to be registered as a Member, applicants must: (i) spend on GNC products a minimum amount of Hong Kong dollars or other currency as specified by us from time to time, being the net purchase amount spent on GNC products excluding all purchases of gift vouchers, gift cards, stamp redemption items, EPS Easy Cash, Octopus card value-adding, and plastic shopping bag charges, Excluded Items, any products or services offered by Mannings stores or any third party(ies) and all sums of discounts shown on the sales slip/invoice (“Transaction Amount”), in one purchase at one of the Retail Outlets (“Initial Purchase”) as determined by us upon presentation of a single sales slip/invoice of the Transaction Amount or by payment of the membership fee as determined by GNC from time to time; (ii) complete all mandatory fields in the GNC Gold Card application form provided by GNC; and (iii) return the completed application form to us. We reserve the right to modify the Transaction Amount and/or the membership fee at any time without notice.
3.2 Applicants must be 18 years or above.
3.3 You warrant and represent that the information provided in the application form is true, accurate and complete.
3.4 You agree to notify us immediately upon change of any of your details submitted to us in the application form. To the extent permitted by law, we shall not be liable for any claim, demand, liability or action resulting from your omission, neglect and/or failure to supply us with your updated information and the accuracy and completeness of those data.
3.6 Each Member will be issued with one (1) Membership Card and one (1) Mini Card. These cards offer exactly the same functions and are linked to one single account.
3.7 Members can enquire about their membership 40 days after they have enrolled in the Programme.
3.8 We have the absolute discretion to refuse and/or revoke registration of any applicant and to terminate and/or cancel the registration of such applicant for any reason whatsoever.
3.9 If products bought as part of the Initial Purchase are returned or refunded after you have received your GNC Membership Card, resulting in the Initial Purchase not meeting the Transaction Amount, your membership will be cancelled and you will be required to return your GNC Membership Card.
4. The Programme, rewards and special offers
4.1 The Programme is a rewards programme provided by us. Offers, services and terms and conditions may be varied from time to time. Please visit Gold Card Website for details on the latest promotional offers.
4.2 In addition to your GNC Membership Card, you may be required to present other identification for verification of your identity when you use your GNC Membership Card.
4.3 Benefits will be governed by the rules applicable to a specific promotion, and may expire after the end of that promotion.
4.4 Members may enjoy discounts in the Retail Outlets on GNC Gold Card Day for the purchase of GNC products. For the avoidance of doubt, such discounts shall not apply to any products or services offered by Mannings stores or any third party(ies) unless GNC determines otherwise, gift vouchers, gift cards, stamp redemption items, EPS Easy Cash, Octopus card value adding, and plastic shopping bags charges or such other items as GNC may determine. The amounts/percentages of discount offered, the types of products to which the discount apply and the day(s) on which Members may enjoy such discount may be varied from time to time. You may go to the Gold Card Website for a list of the Retail Outlets and their locations and discount information for reference. For the avoidance of doubt, GNC has absolute discretion in the determination of which Retail Outlets shall offer the promotion or discount and their contents thereof.
4.5 Members may use their GNC Membership Card to enjoy discounts and/or other benefits in GNC stores outside Hong Kong and Macau (“Overseas Benefit”) except those stores or counters in The United States, South Africa, the United Kingdom, China and such other places as may be determined by GNC or these stores or counters overseas from time to time in whatever way, with or without notice to you. Use of the GNC Membership Card in any GNC stores or counters overseas is subject to the acceptance of that particular stores or counters and, if accepted, the terms and conditions for programme membership applicable to the territory in which those stores or counters are located. Members should consult the respective stores or counters overseas for the applicable terms and conditions and observe those terms and conditions accordingly.
4.6 To continue enjoying the Overseas Benefit, Members may required to renew this benefit annually before the expiry of each 12 month period commencing from the date of initial registration with the Programme. Members can renew the Overseas Benefit at the GNC specialty stores and counters. An administration fee may be applied to such renewals.
5. Replacement of GNC Membership Card
We reserve the right to charge for a replacement of your GNC Membership Card.
6. Return or Cancellation of your Membership
If you return your GNC Membership Card (other than for reason that it is malfunctioning due to no fault of yours) or cancel your GNC Membership Card your membership will be terminated.
7. Limitation of Liability
7.1 By becoming a Member you acknowledge and accept that your participation in the Programme is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of your involvement in the Programme or the use of your GNC Membership Card. Without limiting the foregoing:
7.2 To the extent permitted by law, all information and materials provided in connection with the programme are provided “as is” without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose, privacy or non-infringement.
7.3 We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising: out of your participation in the programme or your use of the GNC Membership Card; in connection with any rewards received in connection with the programme; or in conection with any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, whether for breach of contract, tortious behaviour, negligence or, under any other cause of action.
7.4 Without prejudice to any other clauses of the Terms and Conditions, where permitted by law any liability that we may have to you in connection with the Programme including your use of GNC Membership Card and/or products and services which if in any event, our liability to any party cannot be excluded it will only be limited to the equivalent value of the discount the Member should have entitled in respect of that particular offer as we may determine in our absolute discretion.
8. Personal Data and information
8.1 In order for you to become a Member, it is necessary for you to provide us with your Personal Data marked as “mandatory” on the GNC Gold Card application form. If you are unable or unwilling to provide us with complete and correct Personal Data, we may not be able to register you as a Member or provide you with certain of our services. It is optional for you to provide any Personal Data that is not marked as “mandatory”.
9. English Version Prevails
If there is any inconsistency or conflict between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.
10. Governing Law
The Terms and Conditions shall be governed by the laws of the Hong Kong SAR, and GNC and the Member agree to submit to the exclusive jurisdiction of the courts of the Hong Kong SAR.
11.1 In the event that your GNC Membership Card is not used for a specified period of time as determined by us from time to time (currently being, 365 days), we will, for your own and our protection, deem your Membership Card to be no longer in use and we may at our discretion deactivate your GNC Membership Card. You may need to re-apply for a new GNC Membership Card subject to the latest terms and conditions prevailing at the time of your re-application if you wish to rejoin the Programme.
11.2 At times the Gold Card Website and/or Gold Card Service Hotline may not be operational (e.g. due to nightly update batches, breakdown of communication networks, electricity networks, etc.), we will take all reasonable steps to ensure that the Gold Card Website and/or Gold Card Service Hotline will resume service as soon as reasonable practicable after the scheduled maintenance or breakdown.
11.3 Offers, benefits and GNC Membership Card are personal to an individual Member and cannot be transferred and/or assigned to any other person.
11.4 We may provide you with new services associated with your membership from time to time, and these new services will be governed by these Terms and Conditions in addition to any terms and conditions applicable to the specific services.
11.5 In the event that we plan to terminate the Programme, we shall give you at least three (3) months notice by display at the Retail Outlets (except point of sales operated by the third party(ies) designated by GNC), as well as on the Gold Card Website or through such other means/channels that GNC deems appropriate. Rewards not collected by the termination date will be forfeited and will not be refunded nor recoverable.
11.6 If you breach or we have reasonable ground to believe that you have breached these Terms and Conditions, we may suspend or terminate your membership and/or seek to recover any damages and losses to us and/or to our Business Partners and/or Third Party Service Providers arising from and/or in relation to your breach.
11.7 The GNC Membership Card shall at all times remain the property of GNC and you shall promptly return the GNC Membership Card to us upon our request.
11.8 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms and Conditions which shall continue in full force and effect.
11.9 If we do not act in relation to a breach of these Terms and Conditions, this does not waive our right to take action in respect of the said breach and any similar breach of the Terms and Conditions by you in the future.
11.10 Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, the Terms and Conditions are personal to and are made solely for the benefit of GNC and you and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any Terms and Conditions is expressly excluded and no Terms and Conditions are, or are intended to be, enforceable by any person not being a party to it. Notwithstanding the foregoing in this paragraph, third party rights under the Terms and Conditions shall be enforceable by Dairy Farm International Holdings Limited (“DFIHL”) and/or an entity which, as at the time of enforcement, is a direct or indirect wholly-owned subsidiary of DFIHL in accordance with the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Terms and Conditions, are not subject to the consent of any third party (including DFIHL and/or any of the wholly-owned subsidiaries at all times).
11.11 GNC has the absolute discretion to make changes to any of these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions is available on the Gold Card Website.
@2017 General Health Development Limited trading as GNC. All rights reserved.