AKKI Bike Club
1.1 AKKI Bike Club is operated by Akki Bike Park Limited (“AKKI”). Any references to “we” or "us" or AKKI Bike Club are references to Akki Bike Park Limited.
1.2 The submission of an application for Membership to the AKKI Bike Club is deemed to be an acceptance of these Terms and Conditions.
1.3 Upon becoming a Member of the AKKI Bike Club, the Member shall be deemed to have agreed to and be bound by these Terms and Conditions.
ELIGIBILITY AND MEMBERSHIP
2.1. Any individual aged 12 or above is eligible to apply for Membership. Minors (i.e. individuals under the age of 18) require the consent of a parent or legal guardian to join the AKKI BIKE CLUB. By accepting these Terms and Conditions, the minor confirms that he has obtained consent from his parent or legal guardian.
2.2. Individuals can apply to be a Member of the AKKI Bike Club via the AKKI Website (https://akkigroup.co ) or any other platforms specified by AKKI from time to time through completing an application form. Upon successful registration, the individual will receive an email confirmation.
2.3. Membership has lifetime validity period unless terminated pursuant to these Terms and Conditions.
2.4. The registered name for Membership shall be the same as the applicant’s name in his official identity document and AKKI 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.
2.5. Approval of application for Membership and grant of the Membership shall be at the sole and absolute discretion of AKKI. AKKI may refuse to approve and grant any Membership without giving any reason.
2.6. Membership is non-transferable and non-assignable and may only be used or enjoyed by that individual Member to whom the Membership and the Membership Card are granted or issued.
2.7. AKKI may at any time without prior notice review the criteria for eligibility to the Membership.
2.8. AKKI is entitled to modify the structure, benefits, contents and other features of the AKKI BIKE CLUB, including but not limited to the Mobile App, bonus Member Points, conversion and expiration of Member Points, these Terms and Conditions, joining programs of or having arrangements with new or other programs and termination of the AKKI Bike Club, at any time without prior notice. Although AKKI will use reasonable efforts to notify Members of material changes to the AKKI Bike Club and/or to these Terms and Conditions, it is the responsibility of Members to keep themselves up to date in respect of the AKKI Bike Club and these Terms and Conditions. Any earning of Member Points and/or using of Member Points by a Member will be deemed as acceptance of any such modification. AKKI will not be liable for any loss or damage resulting from any modifications to the AKKI Bike Club, including but not limited to these Terms and Conditions.
2.9. Each Member will be assigned a Membership account. Members must ensure that his Membership account details including but not limited to the password and Membership number generated representing Member Points and/or 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 AKKI 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.
2.10. AKKI 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 Participating Partners/ Participating 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.
2.11. Membership Tier
Blue：Any registered customer who have made a purchase with AKKI；
Sliver：Upgrade by HKD $1,000 Annual Cumulative Spending；
Gold：Upgrade by HKD $5,000 Annual Cumulative Spending；
Platinum：Upgrade by HKD $50,000 Annual Cumulative Spending；
Diamond ：Upgrade by HKD $250,000 Annual Cumulative Spending.
2.12. Renewal Eligibility
Blue：Lifetime Validity Period；
Sliver ：HKD $1,000 Annual Cumulative Spending；
Gold：HKD $5,000 Annual Cumulative Spending；
Platinum)：HKD $50,000 Annual Cumulative Spending；
Diamond ：HKD $150,000 Annual Cumulative Spending。
Earning Member Points
3.1. Member Points will only be recorded upon the acceptance of a Membership application and approval of Membership status.
3.2. Once the Membership account is activated, Members may, subject to these Terms and Conditions, use the e-Membership Card to earn K Points based on his eligible spending at, or according to the requirements or criteria as may be specified by and applicable to, any Participating Partner/ Participating Merchant.
3.3 Unless otherwise specified by the Participating Partners/ Participating Merchants, Members will earn one (1) Member Point for every HKD 250 spent on the purchase of any goods or services at a Participating Partner/ Participating Merchant. Platinum Members will earn two (2) Member Points for every HKD 250 spent. Diamond Members will earn three (3) Member Points for every HKD 250 spent.
3.4. AKKI and/or the Participating Partners/ Participating Merchants may run promotions from time to time by offering bonus Member Points. Qualification for such bonus Member Points is subject to the terms and conditions of each individual promotion.
3.5 To earn Member Points, a Member shall present his Membership Card or provide his Membership number at the point of purchase. Participating Partners/ Participating Merchants may require Members to follow different procedures to earn Member Points. For the avoidance of doubt, Members may not use sales receipts, electronic payment slips or other purchasing information/ documents of any other individuals for his own Member Points earning.
3.6. Only certain transactions with Participating Partners/ Participating Merchants are eligible to earn Member Points。
3.7. The processing time for Member Points to be credited to a Member’s account may take up to sixty (60) working days from the date of the transaction. The processing time may vary depending on the Participating Partners/ Participating Merchants and the type of transactions. For details, please contact the Participating Partner/ Participating Merchant directly or refer to the timeframe as may be specified within the terms and conditions of the respective Participating Partner/ Participating Merchant.
3.8. K Points are subject to expiry date, which falls on 31 December of every calendar year as follows: For any Member Points earned 1 January to 31 December in a year will expire on 31 December in the immediate following year.
3.9. Any transactions where Member Points have been earned but such transaction is subsequently canceled, refunded or reversed for whatever reasons, AKKI shall be entitled to cancel or deduct the Member Points earned from the said transaction(s) from the Member’s account (including any bonus Member Points earned from the said transaction(s) during any promotion event as may be in place from time to time).
3.10. AKKI is entitled to cancel or deduct the Member Points of any Member if such Member Points were credited to the Member’s account incorrectly, or not in accordance with, or in breach of, these Terms and Conditions or the terms and conditions of Participating Partners/ Participating Merchants, at any time, with or without notice to a Member.
3.11. If a Member does not report any inaccuracies or error on Member Points to AKKI within seven (7) days from the date the Member Points are credited, the Member shall be deemed to have agreed to the accuracy of the Member Points on the transaction record specified in his Mobile App/ the AKKI Website, and shall have no right to appeal against the accuracy of the Member Points whatsoever.
3.12. A Member agrees that the records of AKKI as to the number of Member Points earned by a Member are final and conclusive.
Use of Member Points
4.1. Each Member Points can be used as HKD 1 instant cash to be spent in a transaction at a Participating Partner and/or Participating Merchant.
4.2. AKKI is entitled to adjust the Member Points conversion rate at any time without any prior notice and/or to restrict or limit the number of Member Points a Member can use for each transaction.
4.3. Participating Partners/ Participating Merchants may specify a maximum number of Member Points which may be used by a Member in each transaction from time to time.
4.4. Members can use Member Points to redeem Rewards offered by Participating Partners/ Participating Merchants. The number of Member Points required for redemption of each Reward will be specified by Participating Partners/ Participating Merchants. For redemption of the Rewards, Members shall be bound by the terms and conditions applicable to the Rewards in addition to these Terms and Conditions.
4.5. Once Member Points are used, the relevant Member Points will be deducted from and shown in the Member’s account.
4.6. If a Member makes any transaction using Member Points (whether in full or in part), such transaction cannot be refunded under any circumstances.
4.7. Member Points cannot be exchanged for cash and may not be sold, purchased or transferred to any other Member or individual. Used Member Points cannot be reversed to Member Points or be refunded under any circumstances.
4.8 If a Member has already used Member Points but it transpires that the Member did not have sufficient Member Points for such purpose for whatever reasons, the Member shall compensate AKKI for any loss or damage suffered by AKKI.
4.9 A Member agrees that the records of AKKI as to the number of Member Points used by a Member are final and conclusive.
5. TERMINATION OR SUSPENSION OF MEMBERSHIP
5.1. Members may terminate their Membership at any time by giving written notice to AKKI.
5.2. AKKI 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 AKKI. In addition, AKKI shall have the right to forthwith terminate or suspend the Membership of any Member at any time at the sole and absolute discretion of AKKI without any reasons or compensation. AKKI shall not be liable for any loss or damage resulting therefrom suffered by any party under any circumstances.
5.3. AKKI is entitled to cancel all unused Member Points of a Member forthwith upon termination of his Membership for whatsoever reasons without any compensation.
5.4. Termination of Membership for whatsoever reasons shall not prejudice any accrued rights and remedies of AKKI, the Participating Partners, and/or the Participating Merchants as at the date of termination.
5.5. If there is any misuse of the Membership Cards, Membership accounts, Member Points and/or Rewards, including but not limited to Fraud and/or Misconduct by a Member, AKKI and/or Participating Partners shall have the right to terminate or suspend the Membership or withdraw the Member Points and/or Rewards from the Member without prejudice to any accrued rights and remedies of AKKI and/or Participating Partners against the Member.
5.6. Upon death of a Member, his Membership account shall be closed and all unused Member Points (if any) shall be canceled by AKKI without any compensation.
5.7. If a Member has earned Member Points, used Member Points and/or redeemed Rewards for himself through Fraud and/or Misconduct, the Member shall, without limitation, be liable to AKKI, Participating Partners and/or Participating Merchants for the Member Points and/or the full price of the Rewards or other goods or services obtained, together with all costs and damage incurred or suffered by AKKI, Participating Partners and/or Participating Merchants as a result thereof.
6. DISCLAIMERS AND EXCLUSION OF LIABILITIES
6.1. AKKI and/or Participating Partners 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 the AKKI BIKE CLUB (including but not limited to the refusal by AKKI, Participating Partners and/or Participating Merchants to allow any Member to earn Member Points or use Member Points for any particular transaction, or to provide Rewards or accept the use of any Rewards). Such exclusion of liability applies whether the loss, damage or expense is caused by negligence or otherwise, and whether AKKI, Participating Partners, and/or Participating Merchants have any control over the circumstances giving rise to the claim or not.
6.2. All liability, if any, on the part of AKKI, 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 AKKI to any Member shall not exceed HKD100 in aggregate in any event.
6.3. 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 AKKI and shall waive all of his rights, if any, against AKKI in relation thereof.
6.4. Without prejudice to Clause 8.3 hereinabove, AKKI does not give any warranty for the quality or fitness of any of the Rewards and accepts no responsibility in respect of the following: refusal by AKKI, any Participating Partners and/or any Participating Merchants to offer Rewards, accept Membership Card, credit any Member Points or accept any Member Points in respect of any transactions; unavailability of any of the Rewards; and refusal of replacement or change of any of the Rewards or compensation or reward thereof by AKKI, any Participating Partners and/or any Participating Merchants.
6.5. AKKI shall not be liable for any loss arising from the failure by Participating Partners and/or Participating Merchants to provide any products, services or Member Points. Where a Member uses the services provided by a Participating Partner and/or Participating Merchant, their terms and conditions shall apply in addition to these Terms and Conditions and AKKI shall not be liable for any loss arising therefrom.
6.6. In case of any disputes between Member and any Participating Partners and/or Participating Merchants, the parties shall resolve the disputes amongst themselves. AKKI shall have the right not to be involved in the dispute and the exercise of such right by AKKI shall not prejudice any rights of AKKI under these Terms and Conditions.
6.7. Participating Partners and/or Participating Merchants may impose additional terms and conditions in respect of the Rewards available to Members. Members agree to be bound by such additional terms and conditions in respect of the Rewards.
6.8. All terms expressed or implied by statute or otherwise on the part of AKKI, Participating Partners and/or Participating 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.
7. GENERAL CONDITIONS
7.1. AKKI shall deal with all personal data in accordance with the Personal Data (Privacy) Ordinance of the laws of Hong Kong and the Privacy Policy Statement of AKKI. Please refer to the Privacy Policy Statement of AKKI here: https://www.akkigroup.co/pages/privacy-policy
7.2. A Member shall consent to the Personal Information Collection Statement of AKKI during the application for Membership which sets out the privacy policy and practices of AKKI in respect of its collection, holding and use of personal data in relation to the AKKI Bike Club.
7.3. If a Member has any questions or wishes to access or correct his personal data held by AKKI, please contact us without hesitation.
7.4. The use of the AKKI Website is governed by the applicable terms and conditions and the Privacy Policy Statements of the AKKI Website.
7.5. AKKI 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 Membership Card, Member Points, Rewards and other matters in relation to the AKKI Bike 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.
7.6. AKKI is entitled to transfer, assign, charge, sub-contract or otherwise dispose of any of the rights or obligations under these Terms and Conditions and the AKKI Bike Club on such terms and conditions as AKKI may at its sole and absolute discretion think fit at any time without any prior notice to Member.
7.7. AKKI is entitled to amend, suspend and terminate AKKI Bike Club at any time without any prior notice, reasons or compensation. AKKI shall not be liable for any loss or damage resulting therefrom by any party in any event.
7.8. Any failure to enforce a particular term herein by AKKI does not constitute a waiver of that term.
7.9. 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 the 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.
7.10. AKKI has the right to interpret these Terms and Conditions and its interpretation shall be final and binding on all parties concerned.
7.11 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.
7.12. These Terms and Conditions shall be governed by the laws of Hong Kong and any disputes arising from, out of or in relation to them, shall be subject to the exclusive jurisdiction of the Hong Kong courts.
With Effect from 1 January 2023
