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SOGO Rewards Programme Terms & Conditions

1. Definitions

1.1 In these Terms of Use, the following words shall be construed as follows:

(a) "SOGO Rewards" means the membership programme which SOGO gives to the loyal customers for patronizing at Retail Stores (as defined below). To enroll in SOGO Rewards and receive programme benefits, you will first need to create the SOGO Rewards Account (as defined below) at SOGO Rewards Programme Hong Kong Mobile Application " (this Application) " to become the SOGO Rewards Member (as defined below) or via the SOGO eStore website (eStore.sogo.com.hk) or through such other platform or medium provided by us as we may determine from time to time and accessed by you.

(b) "SOGO Rewards Member" means a member of this Application.

(c) "SOGO Rewards Account" means your SOGO Rewards Account enjoying the member benefits upon your successful registration with this Application.

(d) "Basic Points" means elementary point awarded to you when you make purchases at the Retail Stores based on the net spending amount of the transaction after all special offers or discounts; "Bonus Points" means additional points awarded to you based on the net purchase amount of specific promotional products when you make purchases at the Retail Stores and "Reward Points" means additional points awarded to you based on specific conditions or participation of specific promotion events (collectively “Points”).

(e) “Accumulative Spending” means total amount of each qualified purchase the SOGO Rewards Member made as recorded in our computer systems within 365 days’ period, and that is used to determine the levels of Membership Tier.

(f) “Membership Tier” means the level of SOGO Rewards Member, namely TSUBAKI, AJISAI and KIKU as well as the additional Sub-Card, YURI Beauty Card and HIMAWARI Parent Club Card.

(g) "Third Party Service Providers" means third party services 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, including Personal Data (as defined below).

(h) "Retail Stores" means department stores (including physical stores and online eStore) and the club house operated by SOGO in Hong Kong.

(i) "SOGO eGift Certificate" means the digital format of a SOGO Gift Certificate that

(i) can be redeemed with SOGO Rewards point,

(ii) can be used for full or partial payment for products and services at designated cashier in physical stores,

(iii) cannot be exchanged for cash.

(j) "eGift Coupon" means the digital format of a Gift Coupon that can be used at a designated location/cashier for physical gift redemption upon fulfilling certain requirements.

(k) "eCash Coupon" means the digital format of a Cash Coupon that

(i) can be used for full or partial payment for products and services at designated location/cashier upon fulfilling certain requirements,

(ii) cannot be exchanged for cash.

2. Registration as SOGO Rewards Member

2.1. In order to be registered as a SOGO Rewards Member, applicants must be aged 18 years or above. If you are between the ages of 13 and 18, you need to ask the parent or legal guardian who agrees to be bound by these Terms of Use to register as a SOGO Rewards Member. First, you need to (i) install the Application into your mobile device; (ii) register as a SOGO Rewards Member by completing all mandatory fields in the registration form and click to agree the Terms of Use and Privacy Policy. The registration process may require that you provide the following information using the online registration form: name, birthday month, mobile number, e-mail address, living district and password (required in order to receive all eligible rewards); and (iii) verify their mobile phone number by receiving a SMS verification code. A registered mobile number serves as the unique identifier in this Application. One mobile number can be registered as the SOGO Rewards Member for one time. For details of the ways in which we may use your personal data ("Personal Data"), please refer to our Privacy Policy.

2.2. You warrant and represent that all the information you provided to us upon registration as a SOGO Rewards Member is true, accurate and complete.

2.3. You agree to notify us immediately by updating your personal profile(s) upon change of any of your information submitted to us when you registered as a SOGO Rewards Member. To the extent permitted by law, we shall not be liable for any claim, demand, liability or action resulting from your omission, negligence and/or failure to supply us with your updated information and the accuracy and completeness of those information.

2.4 Please note that spending will only be calculated and Points to be accumulated after your installation of this Application, opening the SOGO Rewards Account and registering as the SOGO Rewards Member.

3. Membership Tiers

3.1 SOGO Rewards offers 3 levels of Membership Tiers, namely TSUBAKI, AJISAI and KIKU, an addition to Sub-Cards YURI Beauty Card and HIMAWARI Parent Club Card. The Membership Tiers of TSUBAKI, AJISAI, KIKU, and Sub-Card YURI Beauty Card members are determined by his/her Accumulative Spending that accumulates in his/her SOGO Rewards Account. Each SOGO Rewards Member is entitled to one Main Card tier and several Sub-Cards at a time for Accumulative Spending.

3.2 By registering as a SOGO Rewards Member, you will be automatically receive 2,000 Bonus Points as welcome offer and become the SOGO Rewards Member at the TSUBAKI tier. (i) With the Accumulative Spending falls below HK$20,000, a SOGO Rewards Member will remain in the TSUBAKI tier; (ii) With the Accumulative Spending between HK$20,000 and HK$59,999.9, a SOGO Rewards Member will automatically proceed to the AJISAI tier; (iii) With the Accumulative Spending on HK$60,000 or beyond, a SOGO Rewards Member will automatically proceed to the KIKU tier. For a tier upgrade, the new tier level will be activated the day after a SOGO Rewards Member meets the Accumulative Spending. For a tier renewal or reverted to a lower tier level, the new tier level will be activated only after the existing tier validity period ends (i.e. the first day of the following month).

3.3 A SOGO Rewards Member will be automatically enrolled in the Sub-Card - YURI Beauty Card the day after he/she meets the Accumulative Spending of HK$5,000 or above at any of the beauty merchants of Retail Stores. As YURI Beauty Card is a type of Sub-Card, all Bonus Points earned will be grouped and shown under the corresponding Membership Tier of his/her Main Card shown on the Application.

3.4 Pregnant members or parent members with children or child below the age of 14, where (i) the member or (ii) his/her spouse or (iii) his/her child, is a Hong Kong resident, may apply for a Sub-Card HIMAWARI Parent Club Card. Successful applicants will receive a welcome gift, when redeeming your welcome gift

(a) for the pregnant members applicant, you need to present a copy of medical certificate issued by a registered medical practitioner in Hong Kong to confirm your pregnancy;

(b) for parent members, you need to present a copy of your child's birth certificate or vaccination record card which contains your child’s date of birth and shows the parent-child relationships. 

For avoidance of doubt, copy of the above document is only required to be presented to our staff for verification, copy of the same would not be retained by us.

3.5 The validity period of the TSUBAKI, AJISAI, KIKU, and Sub-Card YURI Beauty Membership Tiers will be valid for 12-month period. When you proceed to the AJISAI tier or KIKU tier, you will have 5,000 Bonus Points or 10,000 Bonus Points as welcome offer. Yet the welcome offer for TSUBAKI tier is one-off offer and it cannot be enjoyed again if you are reverted from AJISAI tier to TSUBAKI tier or KIKU tier to TSUBAKI tier. The welcome Bonus Points will be credited to your Membership Account when your tier validity period starts. To maintain the TSUBAKI tier, you only need to be a SOGO Rewards Member for a lifetime period subject to clause 7.1 herein. The Sub-Card HIMAWARI Parent Club Card tier will be valid till the member's child becomes 14 years old. At that point, the Sub-Card HIMAWARI Parent Club Card tier will expire.

3.6 To maintain the membership tier, you need to meet the Accumulative Spending at AJISAI tier or KIKU tier or YURI Beauty Card tier. If you do not meet the required Accumulative Spending within the membership validity period, you will be downgraded to TSUBAKI tier/AJISAI tier/inactivated YURI Beauty Card tier.

3.7 The SOGO Rewards Members will receive the benefits that are applicable to that tier level only as shown under clause 3.8. You must continue to accumulate the Accumulative Spending in order to maintain the benefit level or proceed to a higher tier level.

3.8 A SOGO Rewards Member may enjoy different benefits listed below.
 

TSUBAKI Tier

Welcome offer: 2,000 points

POINTASTIC Rewards: Applicable

Year-round Shopping Privileges: Applicable

Birthday Delights: Earn 2X Bonus Points upon accumulative spending of HK$2,000 or above during birthday month (max. 100,000 points)

Members Events: Applicable
 

AJISAI Tier

Welcome offer: 5,000 points

POINTASTIC Rewards: Applicable

Year-round Shopping Privileges: Applicable

Birthday Delights: 1,000 Bonus Points + Earn 2X points upon purchase during birthday month (max. 100,000 points)

Members Events: Applicable

Private Event Invitations: Applicable
 

KIKU Tier

Welcome offer: 10,000 points

POINTASTIC Rewards: Applicable

Year-round Shopping Privileges: Applicable

Birthday Delights: 1,000 Bonus Points + Earn 3X points upon purchase during birthday month (max. 600,000 points)

Members Events: Applicable

Private Event Invitations: Applicable

Dining Offer: Enjoy 10% discount at Wa San Mai Japanese restaurant
 

YURI Beauty Card

Welcome offer: 3,000 points

Year-round Shopping Privileges: Applicable

Members Events: Applicable

Private Event Invitations: Applicable
 

HIMAWARI Parent Club Card

Welcome offer: Designated gift

Members Events: Applicable

Private Event Invitations: Applicable
 

3.9 A SOGO Rewards Member can enjoy birthday delights if he/she has provided the birthday information during the registration, once it is submitted during the registration it cannot be changed. The AJISAI and KIKU tiers of SOGO Rewards Member can earn his/her fixed birthday Bonus Points on the first day of his/her birthday month. The 2X / 3X Bonus Points for respective tiers will be granted on or before the 15th day of the following month when the eligible spending requirements are met. As there can be movement of Membership Tiers throughout the month, for the benefit to our members, the 2X / 3X Bonus Points will be calculated based on the latest Membership Tier on the last day of the birthday month. There is a maximum amount of Bonus Points a member can enjoy from the 2X / 3X birthday delights. For AJISAI tier, SOGO Rewards Member can earn up to 100,000 Bonus Points (2X) and for a KIKU tier, the SOGO Rewards Member can earn up to 600,000 Bonus Points (3X).

3.10 Shopping and dining privileges are applicable only at participating merchants. The list of participating merchants with offer(s) is available on the Application and is subject to change without notice to SOGO Rewards Members. SOGO Reward Members are required to present their SOGO Rewards QR code to enjoy the privileges. Availability of the privileges is subject to the product or service availability of individual participating merchants and on a first-come-first-served basis. Any photos of the products or service specifications provided are supplied by the participating merchants and are for reference only. SOGO and participating merchants reserve the right, at their sole discretion, to discontinue any privileges at any time without notice to SOGO Reward Members. Separate terms and conditions may be applied by each of the Merchant and you have to obtain the details from the relevant participating merchants directly. SOGO is not liable to any losses or damages suffered by you or SOGO Rewards Members arising from the products or services provided by the participating merchants.

4. SOGO Rewards, Spending, Reward Points and Special Offers using the Application

4.1. Subject to clause 4.5 herein, you will receive one Basic Point for each HK$1 dollar spent in the Retail Stores, except during limited time promotions when SOGO may offer Bonus Points on designated promotional products and/or services from time to time.

4.2. To earn Points, your SOGO Rewards QR code or membership number must be presented before settling the payment at the point of use. Points will be credited to your SOGO Rewards Account within 48 hours after your purchase, while the eligible spending will be reflected on SOGO Rewards APP on the day after your eligible purchase. It may take longer for some promotions and offers. Please refer to respective terms and conditions for particular promotions. After a transaction is completed, you cannot claim any missing Points.

4.3. The Points calculation cycle starts on 1 July each year and ends on 30 June the following year (both dates inclusive). Points earned between 1 January and 30 June will expire on 30 September in the same year, while Points earned between 1 July and 31 December will expire on 30 September the following year. Points unused will be forfeited after expiry date.

4.4 Your Accumulative Spending is calculated based on the “Accumulative Spending”. Each Membership Tier has its own calculation cycle, unlike the Bonus Points calculation cycle.

4.5. SOGO Rewards benefits are determined based on the amount of spending you made and the Points accumulated for redemption of the SOGO eGift Certificates, eCash or eGift Coupons via the Application. Calculation and accumulation of Points will not be applicable to certain products and/or services in the non-eligible list, including but not limited to, purchase of SOGO Gift Certificates, POINTASTIC rewards redemptions, Kobe Fugetsudo vouchers, pure gold items, electronic game and its related items, infant milk powder, tobacco items, vending machine products, consumption at Café SENSU, Mellow Brown Coffee by UCC, La Serene Café S & UCC Coffee Shop, payment by Freshmart mobile Octopus reader, gifts of redemption promotion, clothes alteration fee, donation, food and beverage tips, plastic bag levy, delivery charge, Wedding List Service or such other items which SOGO may specify from time to time. The non-eligible item list may be amended without prior notice to you. Calculation and accumulation of spending including Accumulative Spending will not be applicable to non-merchandise or non-sales items, including but not limited to purchases of SOGO Gift Certificate, deposit, delivery charge, gift wrapping charge, parking fee, and POINTASTIC redemption fee. We reserve the right to exclude any products or services from the calculation and accumulation of Basic Points or Accumulative Spending, in our absolute discretion. Notices of such exclusion will be updated in SOGO Rewards Programme Terms of Use from time to time.

4.6 To use your SOGO eGift Certificate, eGift coupon or eCash Coupon, you must present its QR code at designated location/cashier listed on the item or at a participating merchant for verification. Each QR code can only be used once, and usage cannot be cancelled.

4.7 Each SOGO Rewards Member can redeem up to 500,000 Points for SOGO eGift Certificate per day via the Application. Only the SOGO Rewards Member whose SOGO Rewards Account contains a SOGO eGift Certificate/eGift Coupon/eCash Coupon can use that certificate/coupon. It must be used together with the same member’s SOGO Rewards Account.

4.8. Once a redemption order is confirmed by a member, Points required for the redemption will be deducted from the SOGO Rewards Account immediately, and the redemption order cannot be amended or cancelled.

4.9. Any offer of benefits or rewards, including Points awarded or issued during one-off promotions, redemption of SOGO eGift Certificates, eGift Coupons and eCash Coupons, will be governed by the rules applicable to the specific promotion of the merchant, and may expire after end of that promotion.

4.10. Points and spending will be deducted from your SOGO Rewards Account if you return products to our Retail Stores for a refund. You should follow our product return procedures to request for a refund. Product refund request is not permitted if points balance is less than the Points required for product refund. SOGO Rewards Member can choose to make purchase to earn additional Points or purchase Points by cash at the designated cashier in physical stores in order to proceed to the refund. SOGO reserve the right of final decision to revise, or cancel the Membership Tiers anytime.

4.11 Points and spending records are non-transferrable and cannot be merged or combined from different SOGO Rewards Accounts.

4.12 Points do not carry any cash value and cannot be exchanged or redeemed in lieu of cash.

4.13 We reserve the right not only to deduct points and spending from your SOGO Rewards Account but to take all actions which we consider to be appropriate if we suspect that such Points and spending records were obtained via fraudulent, dishonest means or in such other manner not in accordance with these Terms of Use.

4.14 The latest 15-month Points records shall be shown under your SOGO Rewards Account. Members are advised to check each transaction and Points awarded each time via the Application.

4.15 We reserve the right to change the benefits, offers and features of this Application from time to time, without prior notice to you.

4.16 We give no warranty or representation in relation to any rewards, redemption products and/or services in connection with this Application or their suitability for any purpose.

4.17 We shall not be liable for any loss of Points and spending records or loss or damage suffered as a result of a technical defect or error that prevents us from retrieving information relating to your points balance from our computer systems.

4.18 Transfer Rewards to your family, friends or others

4.18.1 SOGO Rewards Members may transfer gift items (including SOGO eGift Certificates, SOGO eGift and eCash Coupons) from “My Gift Box” to one of your family members, friends or others by using the rewards transfer function only via SOGO Rewards Application. The recipient should download the Application and register as a SOGO Rewards Member in advance to redeem the rewards.

4.18.2 A unique transfer link will be generated for each transfer item; you may share the link to a friend via third party application in your mobile phone.

4.18.3 Cancellation of transfer is allowed only if the transferred gift is in “Pending” status and the transfer link is still valid. Once the gift is collected by the recipient, the transfer is irreversible.

4.18.4 Members can transfer any reward that is still valid and not expiring within 5 days.

4.18.5 We do not accept any responsibility or liability for any loss of the transferred gift item. No replacement rewards or points will be issued.

4.19 All rewards will be governed by the respective terms and conditions for particular promotions and their expiry dates.

5. Safety and Security of SOGO Rewards Account and Password

5.1. The SOGO Rewards Account is personal to you, and except expressly permitted under these Terms of Use or the rules of a promotional programme, the SOGO Rewards Account cannot be sold, transferred or assigned to, or shared with family, friends or others. If your SOGO Rewards Account encounters any error when logging-in or while in use, you may contact the SOGO Customer Services Hotline.

5.2. You should contact the SOGO Customer Services Hotline or send us an email to sogorewards@sogo.com.hk with your registered mobile number and email address to request for immediate account suspension if your mobile phone installed with your SOGO Rewards Account has been lost or stolen, or if you have reason to believe that your SOGO Rewards Account may have been used by, or password may have been disclosed to, an unauthorised party.

5.3. It is your responsibility to ensure the safe custody and security of your SOGO Rewards Account and password. We shall not be liable for any loss or damage suffered directly or indirectly by you as a result of and/or in relation to a lost or stolen mobile phone installed with your SOGO Rewards Account and/or the unauthorised use of your SOGO Rewards Account or disclosure of your password.

5.4. If you need to change the registered mobile number and/or birthday month in your SOGO Rewards Account, please use your registered email account to send a change request to sogorewards@sogo.com.hk immediately. We reserve the rights to request for proof of your identity in order to verify and process your change request.

6. Cancellation or Termination of SOGO Rewards Account

6.1 SOGO reserves the right to terminate your SOGO Rewards Account and/or your participation in the SOGO Rewards if SOGO determines in its sole discretion that you have violated these Terms of Use, or that the use of your SOGO Rewards Account is unauthorised, fraudulent or otherwise unlawful.

6.2 SOGO reserves the right to terminate, discontinue, modify or cancel SOGO Rewards Programme or SOGO Rewards Account at any time and in its sole discretion without notice to you.

6.3 Members can cancel the SOGO Rewards Account through this Application and the SOGO Rewards membership will be terminated immediately. Any Points, spending records and rewards remaining in the SOGO Rewards Account will be forfeited and will not be returned in any way. In the event that your SOGO Rewards Account is terminated by SOGO for any reason(s), your Points will also be forfeited. And the used registered phone number and email address cannot be used for registration again.

7. General

7.1. If your SOGO Rewards Account is left idle for 36 months, it will be deactivated and your personal information will also be deleted from our system. If you wish to join the SOGO Rewards Programme again, you are required to register for a new Account.

7.2. At times when SOGO Rewards 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 SOGO Rewards Programme will resume service as soon as possible after the scheduled maintenance or breakdown.

7.3. We may provide you with new services associated with your SOGO Rewards Account from time to time, and these new services will also be governed by these Terms of Use in addition to any other terms and conditions applicable to the specific services.

7.4. In the event that we plan to terminate SOGO Rewards Programme, we endeavor to give you a reasonable period of notice by posting the notice in this Application, Retail Stores, website or through such other means/channels that SOGO deems appropriate. Rewards not collected by the termination date will be forfeited and will not be refunded/recoverable.

7.5. If any provision of these Terms and Use is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of these Terms and Use which shall continue in full force and effect.

7.6. Any failure or delay by us to act in relation to a breach of these Terms of Use by you does not waive our right to take action in respect of the said breach and any similar breach of these Terms and Conditions by you in the future.

7.7. We may amend or update this Terms of Use from time to time without prior notice. In case of discrepancies between the English and Chinese versions in respect of all or any part of this Terms of Use, the English version shall prevail.

8. SOGO Rewards Mobile Application Terms and Conditions

Downloading, installing, accessing or otherwise using this SOGO Rewards Programme Hong Kong Mobile Application ("This "Application") constitutes acceptance of these terms of use (“Terms”), which such Terms may be revised by SOGO Hong Kong Company Limited operating the SOGO department store and Ronson Kwok Asia Pacific Limited operating the SOGO CLUB ("SOGO" or "we" and "us" and "our" shall be construed accordingly) from time to time without notice to you, and is binding agreement between the user ("User", "you", "your") and SOGO governing the use of this Application. If the User does not agree to these Terms, the user should not use and should uninstall this Application immediately.

8.1 Eligibility

The Application may only be used by individuals aged eighteen (18) years or older. If the User is aged thirteen (13) years or older but under the age of eighteen (18) years, the User should review these Terms with the User’s parent or guardian to make sure the User and the User’s parent or guardian understand and agree to them. Should the User’s parent or guardian not agree to these Terms, the User must immediately uninstall the Application and discontinue its use.

In order to use certain functions of our Application, you will need to register for an account to become the SOGO Rewards Member (as defined below) ("SOGO Rewards Account"). You agree to

(a) create only one SOGO Rewards Account using your registered and valid mobile number;

(b) provide accurate, truthful, current and complete information when creating your SOGO Rewards Account;

(c) maintain and promptly update your SOGO Rewards Account information;

(d) to follow the guidance provided by us from time to time (including, but not limited to, through the SOGO website and/or the Application) in designating a password (the "Password") when creating your SOGO Rewards Account (you may change the Password at any time, but any change shall be effective only if accepted by us);

(e) maintain the security of your SOGO Rewards Account by not sharing your Password with others and restricting access to your SOGO Rewards Account and your Device (as defined below) on which the Application is installed;

(f) promptly notify SOGO if you discover or otherwise suspect any security breaches relating to the Application; and

(g) take responsibility for all activities that occur under your SOGO Rewards Account and accept all risks of unauthorised access.

The Application is available to handheld mobile devices running Apple iOS and Android Operating Systems. In order to use the Application, you are required to have a compatible Device and Internet access.

8.2 Apple and Google Terms and Conditions

These Terms supplement and incorporate (a) in case the Application is distributed through Apple, Inc.’s ("Apple") system, Apple’s Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein ("Apple Terms"); (b) in case the Application is distributed through Google Inc.’s ("Google") system, Google Play Terms of Service (located at https://play.google.com/about/play-terms.html) ("Google Terms"); and (c) other SOGO Policies, including, but not limited to, the Terms of Use for the SOGO Website (as defined below) and the SOGO Rewards Programme (as defined below), the SOGO Privacy Policy, and any other policies which SOGO may issue from time to time, posted at www.sogo.com.hk ("SOGO Website"). If any of the provisions of the Apple Terms, Google Terms or any applicable SOGO Policies conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.

8.3 User License

Subject to these Terms, SOGO grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or non-commercial use only on an Apple iPhone, iPad or iPod Touch or an Android device (each a "Device") owned or controlled by the User as permitted by the Apple Terms or the Google Terms and in accordance with these Terms ("User License"). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application ("Content") including these Terms is prohibited. These Terms and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

Any and all rights in the Application are and shall remain the exclusive property of SOGO. Nothing in these Terms intends to transfer any such rights to, or to vest any such rights in, the User. Users are only entitled to the limited use of the Application granted to Users under these Terms. SOGO reserves all rights not expressly granted under these Terms. The User is responsible for any costs associated with downloading, installing, accessing and/or using the Application which may depend and vary on the terms and conditions of the User’s own mobile device service provider.

SOGO may, at any time and without giving notice to you, make changes, corrections and/or improvements to the Application, stop providing the Application or features of the Application to you or to Users generally, or create usage limits for the Application. These Terms are effective until terminated. You may terminate these Terms at any time by uninstalling the Application and destroying all copies of the Application in your Device.

We may suspend or terminate these Terms at any time by giving you reasonable prior notice. We need not, however, give you notice where we have serious grounds for considering that immediate termination is required (e.g. if we reasonably suspect fraudulent or unauthorised use of the Application). In the event that these Terms are terminated, the provisions of these Terms shall continue to apply.

Upon any termination, you agree to uninstall the Application immediately and destroy all copies of the Application, any accompanying documentation, and all other associated materials. SOGO reserves the right to terminate these Terms at any time if you are in breach of any of the terms of these Terms.

8.4 Email Communications, Text Communications and Push Notifications

If a User signs up for SOGO Rewards Account using the Application, the User will be given the opportunity to opt-in or opt-out to receive promotional email and text (SMS/MMS) communications from SOGO ("Email & Text Communications"). Thereafter, the User may opt-in or opt-out of receiving Email & Text Communications at any time by adjusting the User’s profile settings in the User’s account via the Application.

Similarly, upon download of this Application, the User is, provided the option to opt-in or to opt-out of receiving push notifications from SOGO on their Device and within the Application. This may include promotional communications, offers, and system messages pushed to the Device or within the Application mailbox ("Push Notifications"). The User may, at any time, opt-in or opt-out of receiving Push Notifications by adjusting the "Push Notification" switch within the Application “Communication Channels” settings to "off", or within the device’s application setting under "SETTING" to completely opt out of Push Notifications. Opting out of Push Notifications will not affect User settings with respect to Email and Text Communications.

8.5 Unacceptable Use

Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content must comply with these Terms and the SOGO Policies. In no event may the Application be used (whether by the User or a third party allowed by the User) in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Application, SOGO Website or Content that is not authorised by SOGO; (d) attempts to introduce viruses or any other computer code, files or programmes that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) attempts to gain unauthorised access to SOGO computer network or user accounts; (f) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (g) violates these Terms; (h) attempts to damage, disable, overburden, or impair SOGO servers or networks; (i) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; (j) fails to comply with applicable third party terms; (k) makes and/or distribute copies of the Application; (l) attempts to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (m) create derivative works of the Application of any kind whatsoever (collectively "Unacceptable Use"). SOGO reserves the right, in its sole discretion, to terminate any User License, remove Content or assert legal action with respect to Content or use of the Application that SOGO reasonably believes is or might be in violation of these terms of Unacceptable Use or SOGO Policies. SOGO failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

8.6 Indemnification

The User agrees to defend, indemnify, and hold harmless SOGO, SOGO’s parent company and their affiliated companies, independent contractors, service providers and consultants and their respective employees, contractors, agents, officers, directors, representatives, and/or advisers fully from and against any and all claims, suits, losses, damages, costs, lawsuits, fines, penalties, liabilities, and/or expenses (direct and/or indirect, and including legal fees and expenses on a full indemnity basis) that arise from or relate to the User’s use or misuse of the Application, violation of these Terms or violation of any rights of a third party. This means that you cannot sue or recover any damages from us, our directors, employees, and Third Party Service Providers as a result of our decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to SOGO Rewards, or to take any other action during the investigation of a suspected violation or as a result of SOGO's conclusion that a violation of these Terms has occurred, to the extent permitted by law. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms. SOGO reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

8.7 Warranties Disclaimers

SOGO is providing the Application to the User on an "as is" and "as available" basis, and the user is using the Application at his or her own risk. To the fullest extent allowable under applicable law, SOGO disclaims all representations and warranties, whether express or implied by statute, common law, trade usage, or otherwise, including any warranties that the Application is merchantable, reliable, available accurate, fit for a particular purpose or need or satisfactory quality, non-infringing or free of defects or viruses or able to operate on an uninterrupted basis, or that the use of the application by the User is in compliance with laws applicable to the user.

SOGO reserves the right to amend or withdraw the Application, or charge for the Application or service provided to you in accordance with this Terms, at any time and for any reason. SOGO will use reasonable efforts to make the Application available at all times. However 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 SOGO’s reasonable control. SOGO 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.

8.8 No Liability

To the fullest extent allowable under applicable law, in no event shall SOGO, its parent companies and their affiliated companies (a) be liable to the user with respect to use of the Application and (b) be liable to the user for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, the inability to use the application or any of its features or device failure or malfunction. The User’s sole remedy is to cease use of the Application. To the fullest extent allowable under applicable law, in no event (but subject to the maximum extent permitted by applicable law) shall the aggregate liability of SOGO, its parent companies and their affiliated companies, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the Application exceed any compensation the User pays, if any, to SOGO for access to or use of the Application during the six months period immediately prior to the event giving rise to such liability. Notwithstanding anything to the contrary in these Terms, nothing in these Terms shall exclude or restrict SOGO, it’s parent company and affiliated companies’ liability for death or personal injury resulting from their negligence.

8.9 Intellectual Property Rights, Application and Content

"SOGO ",   (SOGO logo), the Chinese character “崇光” and other SOGO stylised trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Kabushiki Kaisha SOGO Seibu (SOGO & Seibu Co., Ltd.) (“Licensor”) (collectively "SOGO Marks"). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively "Third Party Marks"). The SOGO Marks and Third Party Marks may not be copied, reproduced, uploaded, downloaded, post, transmitted, stored in retrieval system, modified, altered, displayed, imitated or used, in whole or in part, without the prior written permission of SOGO & Seibu and SOGO or the applicable owners. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary and intellectual property rights.

8.10 Third Party Content and Links, Applications, Products and Services (including Advertising and Promotions)

SOGO may provide third party content in the Application (including embedded content) or links to third party content, applications, products and services, including advertisements and promotions (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by SOGO of any application or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that SOGO is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you use other applications via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our Terms and Policies no longer govern, and that the Terms and Policies of those third party applications will now apply. You should review the applicable Terms and Policies, including privacy and data gathering practices, of any application to which you navigate from our Application.

8.11 Governing Law and Jurisdiction

These Terms and use of the Application are governed by the laws of Hong Kong, without regard to conflict of laws rules. The User irrevocably consents to the non-exclusive jurisdiction of the courts of Hong Kong for purposes of any legal action arising out of or related to the use of the Application or these Terms.

8.12 Changes

SOGO reserves the right to change or modify these Terms or any other SOGO Policies related to use of the Application at any time and at its sole discretion, changing these Terms within the Application or by posting revisions on the SOGO Website. Subject to the remainder of this clause, any change, addition or deletion will become effective at the time we post the revised Agreement to our website or on the Application. The amended Terms will apply to you if you continued to use the Application following our posting of these changes or modifications.

8.13 Assignment

We may transfer all or part of these Terms without such transfer being considered a change to these Terms, by giving notice to you. The company or other entity to whom we transfer these Terms will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the terms and conditions of these Terms so that your rights under these Terms are not detrimentally affected and we will then be released from all liability.

8.14 Entire Agreement and Construction

These Terms will be in the English language and the Chinese language. In the event of any inconsistency between the English version and the Chinese version, the English version shall prevail. These Terms are the complete and exclusive statement of agreement between you and SOGO, and supersedes all prior proposals and all other agreements in respect of the subject matter of this Agreement. If any provision of these Terms is illegal or unenforceable, that provision will be deleted from these Terms, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of these Terms. Our failure to exercise or to enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and any waiver of any provision of these Terms will be effective only if in writing and signed by us.

8.15 Third Party Rights

These Terms do not create any right enforceable by any person who is not a party to this Agreement under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) (the "Ordinance"), but this provision does not affect a right or remedy of a third party that exists or is available apart from this Ordinance.

8.16 Contact SOGO

If you have any questions regarding the Application, please email our Customer Services Department at sogorewards@sogo.com.hk with you name, SOGO Rewards membership number and registered mobile number or call our Customer Service Hotline at (852) 2833-8338.

(Last update: February 2022)

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