Terms & Conditions for Marathon Sports, GigaSports & Catalog’s VIP Membership Program

Application of the Terms & Conditions

1.1

These Terms and Conditions form the agreement between you (“our Member"), and us, (“Swire Resources Limited” or “Swire Resources”), the operator of a VIP Membership Program (“the Program”). By joining this program, we provide you with various rewards and privileges.

1.2

In these Terms and Conditions, meaning of certain terms shall be as follows:

“VIP Member” – a member of the Program

“Membership Program” or “Program” – VIP Membership Program of Marathon Sports, GigaSports & Catalog

“Diamond VIP Membership” – the membership issued to you to enjoy your rewards under the Program upon your successful application.

“Our shops” – means Marathon Sports, GigaSports and Catalog in Hong Kong & Macau; the franchise stores operated by Swire Resources Limited; Marathon Sports and Catalog online stores (Outlets & Disposals venues excluded)

“Bonus Point” – the standard benefit under the Program to be awarded to you when you make purchases at our shops.

Application of Membership

2.1

By applying to become a member, you represent (and we have the right to rely on such a statement to determine), that you are aged 18 or above and capable of entering into a legally binding contract.

2.2

To become a member of the Program, you must meet the designated terms and conditions. The most updated version of such terms and conditions will be stated at our shop(s), Marathon Sports mobile app or WeChat mini program. We have the rights to change the terms and conditions and recruitment schedule from time to time without prior notice.

2.3

Each person can own one VIP membership only. After verification, all duplicate applications and related bonus points will be cancelled.

2.4

All information provided during the application must belong to you which is true, correct, complete and does not involve any dishonest or illegal elements. We have the right to decline your application without cause if there is any missing or unclear information.

2.5

If there is missing or unclear information provided during your application, we will contact you by telephone / email to complete the necessary information. If you cannot provide the necessary information, we have the right to decline your application.

2.6

We may decline your application under circumstances as may be determined by us at our sole discretion.

Expiry of Membership

3.1

If you have not purchased in any of our shops for 3 consecutive years, your membership and privileges will be terminated automatically. All bonus point(s) (if any) accumulated will be obsolete. You have to reapply for a new membership if you wish to rejoin the Program.

3.2

You will be bounded by the latest terms and conditions at the time if you reapply for a new membership.

Rewards and Offers

4.1

Discounts

4.1.1

You can enjoy up to 15% discount on selected regular priced and discounted items when you purchased in our Marathon Sports, GigaSports and Catalog in Hong Kong & Macau; Marathon Sports and Catalog online stores (Outlets & Disposals venues excluded) (Discount offer at shops will be final).

4.1.2

Discount cannot be applied to labelled items, concessionaire products and gift certificates.

4.1.3

Discount cannot be used in outlets and disposal venues.

4.1.4

Discount cannot be used in conjunction with other promotion coupons.

4.2

Bonus Point

4.2.1

Upgraded Diamond VIP u can earn bonus point at the rate of 1 point for every HK$1.0 when you purchase at our shops.

4.2.2

Bonus points will be calculated on the net purchase amount after deducting the value of any cash coupons, promotion coupon or discount of any kind. Bonus points will not be calculated on cents. For example, if the net purchase is $188.9, bonus points will be issued base on your net purchase value of $188.0.

4.2.3

Bonus points earned have a validity period of more than half year, bonus points will be expired every half a year in end of June and December respectively. Example as follow:

– Bonus points earned from November 15th to December 31st, 2019 will be expired on June 30th, 2020.
– Bonus points earned from January 1st to June 30th, 2020 will be expired on December 31st, 2020.
– Bonus points earned from July 1st to December 31st, 2020 will be expired on June 30th, 2021.

Invoice Date (YYYY/MM/DD)

Net Purchase (HK$)

Bonus Points Earned

Bonus Points Redeemed

Balance Bonus

Expiry Date (YYYY/MM/DD)

2019/11/15

$2,000.9

2,000 points

2020/06/30

2019/12/13

$1,500.4

1,500 points

3,500 points

2020/06/30

2020/02/08

$600

600 points

4,100 points

(3500 points) 2020/06/30

(600 points) 2020/12/31

2020/06/20

3,000 points

1,100 points

(500 points) 2020/06/30

(600 points) 2020/12/31

The unused 500 bonus points will be cleared out on 2011/06/30, the remaining balance will be 600 points

2020/07/01

$1,300.7

1,300 points

1,900 points

(600 points) 2020/12/31

(1,300 points) 2021/06/30

4.2.4

You may earn extra bonus points when purchase selected product(s) during promotion period. These extra bonus points may not be shown on the invoice. Related terms and conditions will be posted at our shop(s).

4.2.5

Discount & bonus points will not be rewarded for selected product(s) or when you are entitled to some other benefits or as a member of the programs. No VIP discount will be offered for purchase of gift certificates. Notices of such restrictions will be posted at our shop(s) for your information.

4.2.6

All bonus points earned from purchase will be updated within 3 working days from the date of your purchase. You can use your bonus points only when it is updated to your member account.

4.2.7

Bonus points are personal to you and they are not transferable or assignable to others.

4.2.8

In case of disputes related to bonus point, the decision of Swire Resources shall be final.

4.3

Birthday Reward

4.3.1

Upgraded Diamond VIP can receive birthday coupon and enjoy double bonus points being reward for the first purchase in your birth month. These bonus points will be rewarded to your member account in the month after your birth month.

Example: If your birth month is August

Invoice Date (YYYY/MM/DD)	Payment Basic	Bonus Point(s) Earned	Extra Birthday Bonus Point(s)
2020/08/10	$1,200	1,200 points	1,200 points
2020/08/15	$500	500 points	0 points
2020/08/18	$300	300 points	0 points
Total Birthday Bonus:			1,200 points
1,200 points will be rewarded to you Before September 30, 2020

4.3.2

Birthday offer will be available after your Diamond VIP membership application is approved. You must login to Marathon Sports mobile app to receive birthday coupon or verify membership identity with shop staff to enjoy the offer. Birthday coupon will be sent on the first working day or before every month. Coupon will not be re-issued if birthday month information is received after the coupon sent. Every VIP will receive birthday coupon once only per year. The use of birthday coupon is subject to relevant terms and conditions. For details, please refer to the relevant page in the Marathon mobile app.

4.4

Other Bonus Reward and Promotions

Benefits, including bonus points, offered during one-off promotion will be governed by the terms and conditions of the specific promotion and may expire after the end of that promotion. Related terms and conditions will be posted at our shop(s) or the relevant page in the Marathon Sports mobile app or WeChat mini program.

4.5

Use of Bonus Points

4.5.1

From time to time, you may redeem different gift(s) or coupon(s) using your Bonus Point. Related terms and conditions will be posted at our shop(s) or the relevant page in the Marathon Sports mobile app or WeChat mini program.

4.5.2

You may use your bonus points to redeem special gifts or use your bonus points to enjoy special discount on selected items during one-off promotion. Related terms and conditions will be posted at our shop(s) or the relevant page in the Marathon Sports mobile app or WeChat mini program.

4.5.3

Maximum 10,000 points can be used to redeem designed cash coupon or product each month.

4.5.4

The bonus points record as shown on our cashier system shall be final.

4.5.5

The coupon redeemed by bonus do not include any return, exchange or cash refund. You are responsible for quality checking of premium at the time of redemption. No premium or bonus will be re-issued thereafter in any case. We also have no liability related to any aspect of products, service or quality.

4.6

Entitlement of Diamond VIP Privileges

4.6.1

Your Diamond VIP membership, and/or any benefit conferred by such membership is not transferable, cannot be, sold, bought, traded and/or copied in any way and can only be used by the VIP who is named and registered. You remain the responsibility, as do any security details relating to the account. We cannot be held responsible for any loss arising from the member failing to ensure the safe-keeping of these items.

4.6.2

You are required to provide your registered mobile phone number or VIP ID before purchase to enjoy the member privileges and earn bonus points.

4.6.3

You are required to provide your valid mobile phone number to receive and enter the SMS verification code and login to Marathon Sports mobile app or WeChat mini program for the redemption of rewards and coupons.

4.6.4

We will organise various promotions at our shop(s). Some promotion offers might not be used in conjunctions with the member privileges. Terms and conditions of these promotions will be posted at our shops, Marathon Sports mobile app or WeChat mini program.

4.6.5

Your registered mobile number is to verify your identity of VIP membership. To protect customer interest, you are not able to redeem VIP bonus points, join VIP promotional activities or receive birthday coupon until your mobile number has been verified with SMS verification code at Marathon Sports mobile app or WeChat mini program.

4.6.6

Use or redemption of bonus point is NOT applicable to the franchised stores operated by Swire Resources Limited (including but not limited to Nike, Adidas, New Balance, etc.). Nonetheless, you are able to register the membership and earn points through shopping in these stores.

Return and Refund

5.1

If you are entitled to an exchange or refund in relation to any goods purchased, the (i) bonus points awarded and/or (ii) good(s) and coupon(s) redeemed in that transaction will be deducted from and adjusted when the exchange / refund is made. Under any circumstances on the recruitment terms and conditions at the time, we may cancel your membership.

5.2

All gifts redeemed by bonus points and all products purchased with bonus points cannot be exchanged or refunded.

Cancellation of Membership

If you want to cancel your membership, you need to fill in the “Enquiry Form” and return it to any of our shops or contact our customer services hotline. Upon the cancellation of membership, you will lose all member privileges and unused bonus point(s). To avoid mishandling, you are required to provide valid identification for verification.

Others

7.1

As the program operates through systems which rely on telecom & electricity networks etc., which is beyond our control, we cannot always guarantee the Program operates at all times. However we will make all reasonable efforts to ensure our system supports the operations in connection with Program.

7.2

We may update our membership program details, offers, promotions, etc. These items will also be bounded by above mentioned and all related terms and conditions. It is the responsibility of VIP to keep themselves up to date in respect of the program content. Redemption of offers and benefits will be deemed as acceptance of all relevant changes. We will not be liable for loss or damages resulting from the change of content.

7.3

We do not assume any responsibility for the quality of service provided by you in participating any activities under this membership.

7.4

We may, at any time, decline to issue, withdraw, cancel or terminate any VIP membership, and/or remove a VIP from the VIP membership program where we reasonably believe there has been:

any breach or attempted breach of these terms and conditions;

any abuse or attempted abuse of the scheme;

any fraudulent use of the privileges by the member and/or any third party acting on behalf of the member;

any behaviour relating to the VIP Membership Program that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information.
VIP shall not be entitled to any compensation of any kind whatsoever. We have also the right to seek to recover any damages anytime that your breach may have caused to us and/or our partners, and demanding any reasonable claimed from our costs, expenses, losses and damages as a result of your breach or your consent to he third parties to breach these terms & conditions.

7.5

We may make changes to these terms and conditions from time to time without prior notice to you. All VIP that maintains under the VIP membership program after such a change will be deemed to have accepted the updated terms and conditions.

7.6

All e-coupon photos are for reference only and may vary from actual products.

7.7

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these terms that caused by events outside our reasonable control (“Force Majeure Event”). Our obligations under these terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period.

7.8

These terms shall be governed by Hong Kong Law. We agree to the non-exclusive jurisdiction of the Hong Kong courts.

7.9

If there is any inconsistent or conflict between the English and Chinese versions, the English version shall prevail.

7.10

Swire Resources Limited reserves the right of final decision on the above Terms and Conditions.

Hotline: 852-2310-6251

Personal Data (Privacy) Ordinance

1.	Notice relating to the Personal Data (Privacy) Ordinance (the "Ordinance")
1.1	Swire Resources Limited (the “Company” or “Swire Resources”) respects personal data and is committed to fully implementing and complying with the data protection principles and all relevant provisions of the Personal Data (Privacy) Ordinance ("the Ordinance"). This Policy is applicable to VIP Membership Program of Marathon Sports, GigaSports & Catalog (“VIP”) as well as any other persons that their personal data is collected, by whatever means, used and held by the Company. If you are unable or unwilling to provide such personal data, Swire Resources may not be able to process your membership application or provide or continue to provide the services, products and privileges under the VIP Program to you.
	By using the App, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/handheld device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in Hong Kong. If you reside outside the Hong Kong, your information will be transferred, processed and stored there under Hong Kong Personal Data (Privacy) Ordinance.
1.2	The Company will only collect, use and retain your name, date of birth, email address, telephone number, transaction and bonus record. We may automatically collect certain information, including but not limited to, (a) the use of your location data when providing Location search services; (b) the international mobile equipment identification code when providing important information and notices; (c) notification communication messages are recorded for future reference; (d) Cookie when using mobile phone or electronic device application or browser to understand your usage habits. You may provide us with your personal data at your own will. Should you be under the age of 18, please consult your parents or guardians before providing your personal data. If we are unable to obtain such data that specifies as “Compulsory Items”, the requested services, products, gifts, privileges or information may probably not be able to be provided. Without your permission to provide IMEI number and MAC Address, our Apps cannot be downloaded to your handset. Personal data provided by you and all information generated, compiled or held by Swire Resources relating to your membership under the VIP Program ("Personal Data") may be used and retained for the following purposes:
a.	processing your application for the VIP Program membership;
b.	providing you with services, products and privileges under the VIP Program;
c.	marketing of services and products offered by Swire Resources and its holding companies, subsidiaries or affiliated companies ("Swire Resources Group") and/or persons or entities that are partners of Swire Resources Group in connection with the VIP Program ("Our Partners");
d.	providing you with selected offers, promotions and benefits from Swire Resources Group and/or Our Partners that are likely to be of interest to you. Swire Resources Group and Our Partners may process and analyze your Personal Data to better understand your lifestyle and buying behaviour and characteristics and needs. The result of such analysis may be shared amongst members of Swire Resources Group and Our Partners;
e.	conducting matching procedure (as defined in the Ordinance) with your Personal Data to produce or verify data for taking actions against you where appropriate or circumstances require;
f.	providing regular communications about the VIP Program;
g.	managing, operating, administering and maintaining the VIP Program;
h.	designing new or improving existing services, products and privileges provided by Swire Resources Group and/or Our Partners and conducting related research;
i.	investigating customer complaints and suspicious transactions;
j.	preventing or detecting criminal activities;
k.	complying with legal, legislative or regulatory requirements to disclose data; and
l.	purposes relating to any of the purposes described above.
	Swire Resources will keep a record of all transactions with you in our course of business for a reasonable period of time for review and verification purposes.
1.3	Your Personal Data held by Swire Resources will be kept confidential but Swire Resources may disclose and transfer your Personal Data to any of the members of Swire Resources Group, Our Partners, agents, contractors, telecommunications service or other service providers engaged by Swire Resources, any other persons and entities that are under a duty of confidentiality to Swire Resources and any actual or proposed assignees or transferees of Swire Resources’ rights or obligations in connection with the VIP Program or its business (whether within Hong Kong or abroad).
1.4	Use of Personal Data in direct marketing
a.	Swire Resources is allowed to use your Personal Data in direct marketing after obtaining your consent in the following manner:
(i)	to use your name, contact details, services and products portfolio information, and lifestyle and buying behavioral information held by Swire Resources from time to time in direct marketing;
(ii)	to market the following classes of services and products offered by Swire Resources, other members of Swire Resources Group and/or Our Partners from time to time:
	(1) consumer goods; and
	(2) footwear, apparels and the accessories
(iii)	to provide your Personal Data described in (i) above to any members of Swire Resources Group and/or Our Partners for their use in direct marketing the classes of services and products described in (ii) above.
b.	If you do NOT wish Swire Resources to use your Personal Data in direct marketing, you can choose not to receive these marketing notifications by contacting our customer service officer at 2310-6251, or write to Swire Resources at the address set out in paragraph 1.7 below quoting your name and membership number, to opt out from direct marketing at any time.
1.5	To ensure the correctness of the Members’ personal data, particularly contact details, retained by the Company, you may receive our request of confirmation or verification. You have the right to:
a.	check whether Swire Resources holds any of your Personal Data;
b.	request access to your Personal Data held by Swire Resources;
c.	request correction of any Personal Data which is incorrect;
d.	ascertain Swire Resources policies and practices in relation to personal data; and
e.	opt out from receiving direct marketing materials.
1.6	After clicking any an advertisement or a hyperlink button on our platform, you may have left our platform and entered the website of our Company’s advertising client, content provider, supplier, associated company or business partner. Your visit to these third parties’ websites is not protected by this Policy. These third parties’ websites are not owned or controlled by the Company. We have not authorized them to collect any personal data from you. Therefore, we are not responsible for any exposure of your data at these websites or losses arising from a third-party website’s practice or policy. Please contact the manager or owner of such websites directly for any enquiries or questions about their own privacy practices or policies.
	In accordance with the Ordinance, Swire Resources has the right to charge you a reasonable fee for processing and complying with your data access request. All requests for access to or correction of Personal Data or information regarding our policies and practices in relation to personal data should be in writing and addressed to :
1.7	Swire Resources Limited Marathon Sports Customer Services Department 12/F Kingston International Centre, 19 Wang Chiu Road, Kowloon Bay, Hong Kong Tel: (852) 2310-6251 If you'd rather not receive the messages from subscribed e-news, you can unsubscribe by clicking link in the email and you will be unsubscribed from the mail list immediately and without any cost. Email: marathon_cs@swire-resources.com