TERMS & CONDITIONS OF Eat n EARN
EAT N EARN (Loyalty CLUB)
The Terms & Conditions (“the Agreement”) is immediately effective as of launch of Eat n Earn (“the Loyalty Club”), and will last until further update or termination of the Agreement
The Agreement is a contract between the Holder of Eat n Earn ("the Member") and EL GRANDE HOLDINGS LIMITED ("EL GRANDE"), the issuer of the membership.
This Agreement explains EL GRANDE 's obligations to you as the Member when using the Eat n Earn Loyalty Club (“the Membership”).
By using the Loyalty Club, the Member agrees to the terms of this Agreement.
The Loyalty Club Membership
The Loyalty Club can only be used in exchange for goods and to accumulate points at participating EL GRANDE restaurants in Hong Kong or the e-Wallet. EL GRANDE reserves the right not to accept any Loyalty Club Member if EL GRANDE reasonably believes that the use is unauthorized, fraudulent or otherwise unlawful.
Unless otherwise required by law, no change or cash refund will be provided and no interest will be credited to the Member by EL GRANDE.
The Membership cannot be exchanged or transferred.
Only one Loyalty Club Membership account can be used in each transaction.
Loading Value on the Loyalty Club :
No preload value is required for Loyalty Club activation at EL GRANDE’s e-Wallet “Eat n Earn”.
EL GRANDE’s vouchers cannot be converted into any value in the Loyalty Club.
Point Balance/Expiry Date:
The Member can check the Loyalty Club’s Point balance at any of the participating EL GRANDE restaurants, on the EL GRANDE e-Wallet “Eat n Earn”, or by calling the EL GRANDE customer service hotline at 3582-6331.
The Member can check the expiry date of points/ rewards at any of the participating EL GRANDE restaurants, on the EL GRANDE e-Wallet “Eat n Earn, or by calling the EL GRANDE customer service hotline at 3582-6331.
The Loyalty Club points and rewards will expire on Dec 31st of every year. Any unused point balance earned from 1st Jan to 30th November of the current year shall be forfeited automatically upon the expiry date. Points earned from 1st December to 31st December of the current year will be carried forward to the following year.
Points Reward Scheme
The Members are eligible to earn points for any spending at participating EL GRANDE restaurants in Hong Kong.
1 point will be earned with every HK$1 spent at any of the participating EL GRANDE restaurants.
Points will be accumulated once the Membership is activated.
The Member is able to check the accumulated points at any of the participating EL GRANDE restaurants, on the e-Wallet or by calling the EL GRANDE customer service hotline at 3582-6331.
Point balances are updated every evening. Points accumulated during any given day will only be reflected in the system on the following day.
Updates in point balances for Android e-Wallets may not be updated immediately after transactions, according to standard Android wallet practices.
Points have no monetary value and cannot be exchanged or redeemed in any way for cash.
Once a redemption order has been processed, points will be deducted immediately and a redemption order cannot be changed, cancelled or refunded.
To earn/use points at any of the participating EL GRANDE restaurants, the Member’s QR code shown on the e-Wallet must be presented at the corresponding EL GRANDE's restaurant(s).
The latest point balance of your Loyalty Club Membership and records of any points earned/used will be shown on the “Eat n Earn” e-Wallet. Any questions relating to a particular transaction or record should be referred to the staff of the corresponding EL GRANDE restaurant at the time of the transaction in question.
Points are personal to the individual Loyalty Club Member and cannot be transferred.
The Loyalty Club points and rewards will expire on Dec 31st of every year. Any unused point balance earned from 1st Jan to 30th November of the current year shall be forfeited automatically upon the expiry date. Points earned from 1st December to 31st December of the current year will be carried forward to the following year.
The Member are eligible to earn points for any food, beverage and merchandise purchase(s) except for the following:
- Bottles of wine over HK$1,000
- Using points to redeem products;
- Any physical voucher or cash voucher issued by EL GRANDE
- Promotional Items
- Delivery orders via Foodpanda and Deliveroo
- Purchases related to privately booked events
Points accumulated are not redeemable for any charitable item or donation.
The Member is required to present their Loyalty Club QR code on the e-Wallet prior to transaction processing. EL GRANDE will not agree to any additional point accumulation request once the transaction is completed.
Registered Loyalty Club Members are entitled to redeem a complimentary bottle of Prosecco once at any EL GRANDE 's restaurants in their birthday month as registered on the e-Wallet, except when the Member has zero spending since registered. The Loyalty Club Member’s QR code on the e-Wallet must be presented in order to complete this redemption order.
A maximum of 10,000 points can be earned in one transaction or for one customer booking.
Cancellation of the Membership
EL GRANDE will deactivate the Membership upon receiving Loyalty Club cancellation request from the Member. No refund in any form will be provided for unused points and redemptions at time of cancellation.
Balance Corrections
EL GRANDE reserves the right to correct the balance of the Member if EL GRANDE believes that a clerical or accounting error has occurred. If the Member have any questions or disputes regarding transaction history or to any such corrections that has been assessed against the Loyalty Club, please contact EL GRANDE Customer Service Team at 3582-6331. EL GRANDE will conduct an investigation and communicate the results and correct any error upon verification and conclusion of the investigation. If no error is found, EL GRANDE will provide an explanation. EL GRANDE shall have no liability for any error unless the Member notifies EL GRANDE within sixty (60) days of date of the transaction in question. Responsibility lies with the Loyalty Club Member to monitor their account balances closely.
Changes to this Agreement
Use of the Loyalty Club constitutes the Member's acknowledgement to abide by the terms and conditions set forth in this Agreement.
EL GRANDE reserves the right to amend the terms and conditions of this Agreement at its discretion, including any rights or obligations the Member or EL GRANDE may have without prior notice.
As permitted by applicable law, any change, addition or deletion will become effective at the time EL GRANDE posts the revised agreement to its website or e-Wallet. Unless EL GRANDE states otherwise, the change, addition or deletion will apply to the Member's further and existing Loyalty Club Membership.
Termination
EL GRANDE may suspend or terminate this Agreement, revoke or limit any or all of the rights and privileges granted to the Member at any time without notice or liability. Termination may result from the Member's fraudulent or unauthorized use of the Loyalty Club. No refund in any form will be provided for unused points and redemptions at time of cancellation.
Indemnity
The Member agrees to indemnify EL GRANDE against all actions, proceedings, liabilities, claims, loss, damages and reasonable costs and expenses which may be taken against EL GRANDE or which EL GRANDE may suffer, sustain or incur (as the case be) in respect of the Loyalty Club unless the same were caused by any manifest error on EL GRANDE's part.
Disclaimers and Limits of Liability
EL GRANDE and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Loyalty Club, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. EL GRANDE does not represent or warrant that the Loyalty Club will always be accessible or accepted.
In the event that EL GRANDE or its affiliates are found liable to the Member, the Member shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held by the Member on the Loyalty Club. EL GRANDE and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if EL GRANDE or its authorized representatives have been advised of the possibility of such damages.
In no event shall EL GRANDE or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of the Loyalty Club through accident, misuse, or fraudulent means or devices by the Member or any third party, or as a result of any delay or mistake resulting from any circumstances beyond EL GRANDE 's control.
Personal Data
Notice to the Member (“the Member”) relating to the Personal Data (Privacy) Ordinance ("the Ordinance"):
- It is necessary for the Member to provide his/her personal data to EL GRANDE from time to time in connection with obtaining or continuing usage of the Loyalty Club.
- If the Member is unable or unwilling to provide such correct data, EL GRANDE may be unable to provide the Member with any continued service of the Loyalty Club.
- The Member agrees that his/her personal data provided to EL GRANDE relating to the Loyalty Club may be used for the following purposes:-
(a) processing the application for the Loyalty Club ;
(b) verifying any information and records relating to the Member;
(c) enforcing and exercising EL GRANDE 's rights under this Agreement;
(d) the normal management, operation and the maintenance of the Loyalty Club system, including audit;
(e) designing new or improving existing services provided by EL GRANDE , EL GRANDE 's subsidiaries and affiliates (i.e. any other entity which directly or indirectly controls EL GRANDE , is controlled by EL GRANDE , or is under common control with EL GRANDE ) for customer's use;
(f) marketing of goods and/or services by EL GRANDE , EL GRANDE 's subsidiaries and affiliates or any of EL GRANDE 's participating business partners;
(g) communication from EL GRANDE to the Member;
(h) investigation of complaints, suspicious transactions and research for service improvement;
(i) prevention or detection of crime;
(j) disclosure as required by law; and
(k) other related purposes.
· Data held by EL GRANDE relating to the Member is kept confidential by EL GRANDE, but the Member agrees that for the purposes set out in the above clause, EL GRANDE may transfer or disclose such information to the following parties (whether within or outside the Hong Kong Special Administrative Region):
(a) any relevant service providers under a duty of confidentiality to EL GRANDE ;
(b) any agent, contractor or third party service provider (under a duty of confidentiality to EL GRANDE ) who provides administrative, telecommunications, computer, payment, data processing or other services in connection with the operation of EL GRANDE 's business;
(c) any other person under a duty of confidentiality to EL GRANDE including EL GRANDE 's subsidiaries, affiliates or business partners; and
(d) any person to whom EL GRANDE, our subsidiaries, affiliates or business partners in (c) above, is under a binding obligation to make disclosure under the requirements of any law, rule and regulation, including those of countries outside of Hong Kong for data transferred to those countries, but such disclosure will only be made under proper author
- The Member has the right to:
(a) check whether EL GRANDE holds data about the Member and have access to that data;
(b) require EL GRANDE to correct any data relating to the Member which is inaccurate;
(c) ascertain EL GRANDE's policies and practices in relation to personal data and to be informed of the kind of personal data held by EL GRANDE; and
(d) request EL GRANDE not to use the personal data of the Member for direct marketing purposes, which EL GRANDE will cease to do at no cost to the Member.
- EL GRANDE reserves the right to charge the Member a reasonable fee for processing any request for access to his/her personal data.
- Any request for access to data or correction of data or for information regarding our policies and practices and kinds of data held by EL GRANDE should be made by email to [email protected] or in writing to:
El Grande Concepts Ltd.
401, 4/F, Iuki Tower, 5 O’Brien Road, Wanchai, Hong Kong
· If the Member does not want to receive marketing materials from EL GRANDE in the future, Loyalty Club Member may write to EL GRANDE at the above email or mailing address or call EL GRANDE at 3582-6331.
· Nothing in this Notice shall limit the rights of the Member under the Ordinance.
Assignment
EL GRANDE may assign all or part of its rights or obligations under this Agreement without notice to the Member provided that EL GRANDE complies with all applicable laws, regulations in respect of such assignment, EL GRANDE shall be released from all liability.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China.
Entire Agreement
This Agreement is the complete and exclusive statement of agreement between the Member and EL GRANDE, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this Agreement.
Should there be any dispute, EL GRANDE reserves the right of final decision.
The Chinese translation is provided for reference only. In case of any discrepancy between the English and Chinese versions, the English version shall prevail.
Inquiries or Questions
If the Member has any questions regarding this Agreement or the Loyalty Club, please call EL GRANDE at 3582-6331.