Terms and Conditions

1. Definition

1.1. “Member(s)” means service users of the Centre for Harmony and Enhancement of Ethnic Minority Residents (“CHEER”) who fulfil Membership criteria.
1.2. “Membership” means any Membership of the Centre for Harmony and Enhancement of Ethnic Minority Residents (“CHEER”)
1.3. “Rewards(s)” means various gifts, rewards, and/or activities including but not limited to any kinds of services, products, goods, etc. provided to Members by CHEER or jointly with other units.

2. Membership

2.1. These terms and conditions are effective from 1 Aug 2024 (“Effective Date”).
2.2. “CHEER Rewards Scheme” applies to CHEER Member(s) who satisfy the Membership criteria outlined in Clause 2.3.
2.3. Member criteria
2.3.1. Eligible CHEER Member(s) will automatically acquire Membership, and no registration is required.
2.3.2. Every Member can earn POINTs by attending centre activities or programmes (please refer to Clause 3 for details).
2.3.3. Membership in the “CHEER Rewards Scheme” belongs exclusively to CHEER Members. The Membership is based on the Membership code and cannot be transferred to any third party.
2.3.4. During the Membership validity period, if a Member:
a. changes the registered data; or
b. terminates and/or cancels his/her CHEER Membership; or
c. changes his/her Member’s code his/her Membership in the “CHEER Rewards Scheme” will be re-evaluated by CHEER. All POINTs linked to the Membership account will be forfeited and not be reissued. CHEER will not provide any form of compensation.
2.4. Cancellation of Membership
2.4.1. Members are entitled to request cancellation of Membership of “CHEER Rewards Scheme” at any time. Members may contact CHEER Rewards Scheme staff at CHEER’s general enquiry hotline 3106-3104 to cancel their Membership of “CHEER Rewards Scheme”.

3. POINTs

3.1. Definition:
3.2. “POINTs” are the criteria units of the “CHEER Rewards Scheme” to determine Members’ participation level.
3.3. Earn POINTs:

3.3.1. “Attended activities or programmes” refers to Members’ eligible attendance from a programme or an activity provided by CHEER, which generates a number of POINTs. POINTs are calculated based on the eligible sessions, and the number of POINTs will be credited to Members’ accounts after the activity or programme is completed and responsible staff data input in due course.
3.3.2. The maximum number of POINTs obtained from attended activities or programmes is unlimited.
3.3.3. POINTs will be calculated for each independent Membership based on the respective CHEER Membership codes that are eligible for Membership. Each Membership will accrue POINTs independently, and the POINTs cannot be combined with other Memberships.
3.3.4. If there is any discrepancy between the accrued POINTs and the terms and conditions of any POINTs collection activities, the effective POINTs displayed in the Members’ accounts shall prevail.
3.3.5. After collection of POINTs, Members cannot exchange POINTs for cash, and POINTs cannot be replaced, refunded, sold, split or transferred. POINTs accumulated by different members cannot be combined. When a Member cancels his/her CHEER Membership, the POINTs in his/her account will be automatically forfeited and not be reissued. CHEER will not provide any form of compensation.
3.3.6 CHEER Reward Scheme does not apply to joining the following activities, including Mentor@Home Scheme, Multicultural Carnival, Embrace Your Talent and Service Information Day.
3.3.7 Members obtain the POINTs for joining activities within 5 minutes lateness and no early leave only.
3.4 POINTs Validity Period:
3.4.1. All POINTs have a validity period (“POINTs Validity Period”). 31 July 2025 is the expiration date of the POINTs issued. On the expiration date, POINTs will expire automatically and become invalid.
For illustration:
Earn POINTs Period: 1 Aug 2024 to 31 July 2025
POINTS expiration date: 15 Aug 2025
3.5 Others:
3.5.1. CHEER reserves the right to determine Members’ POINTs at its sole discretion. Under the following circumstances, CHEER reserves the right to deduct or withhold the issuance of POINTs to any Member’s account without notice (including, but not limited to) (a) in the case of a Member’s actual or suspected fraud; (b) Member earns POINTs through unfair means (including, but not limited to, dishonest use, deception, misuse or abuse); (c) cancellation of Membership by the Member; (d) miscalculated or inaccurate crediting of POINTs to any Member’s account by CHEER; and/or (e) any case where CHEER reasonably exercises the above right to ensure that the Member is earning POINTs appropriately.
3.5.2. CHEER is not responsible or liable for any loss of POINTs and rights arising from the unauthorised use or loss of the Member’s account or POINTs.
3.5.3. If a Member has already redeemed/used/transferred the POINTs that do not belong to the Member, CHEER has the right to (a) charge the value of the redeemed POINTs/rewards value of the Membership Rewards from the Members; (b) collect the value of the transferred POINTs from Members in accordance with the current redemption rate; or (c) any combination of the aforementioned methods.
3.5.4. If CHEER suspects any Member is:
a. carrying out or related to abnormal/suspicious activities;
b. using improper or fraudulent methods;
c. detected to be involved in any dishonest behaviour, by providing false or incorrect information;
d. violating any of these Terms and Conditions or any other applicable laws or regulations; or
e. harbouring any non-goodwill or maliciously using any related services; to make it eligible to become a Member, CHEER has the discretion and the final decision to suspend or cancel his/her account and/or “CHEER Rewards Scheme” Membership and/or the eligibility to participate in any programmes and activities in the future and/or redeemed Rewards without any notice. CHEER reserves the right to pursue the Members, including taking recourse actions for any injury and loss to the centre and/or its agency, and/or partners and/or third parties caused by any related breach of contract by the Members, and the Members will be blacklisted from all CHEER activities.
3.5.5. If, for any reason including computer system virus infection, defect, tampering, unauthorised interference, fraud, technical failure or any other reason beyond the control of CHEER, the safety, impartiality, or completion of the POINTs operation system or the normal operation of this project (“POINTs Management System”) is affected, CHEER reserves the right to take any action at its discretion.
3.5.6. Member clearly understands and agrees to bear the risks and consequences of using the service and earning POINTs provided by CHEER. The services are provided by CHEER to the maximum extent permitted by law but do not provide any kind of express or implied guarantee. CHEER does not recognise all warranties, express or implied, including any warranties for merchantability, fitness for a particular purpose, suitability, and non-infringement. CHEER cannot guarantee that:
a. POINTs will meet your requirements;
b. POINTs accumulation will be uninterrupted, timely, safe or without errors;
c. the results provided via CHEER Rewards Scheme are absolutely true or reliable;
d. any products, services, information or other purchased goods or materials obtained through CHEER Rewards Scheme will meet your expectations; or
e. all errors in CHEER Rewards Scheme can be corrected.
3.5.7. CHEER reserves the right to change, increase, decrease or cancel the number of POINTs in each Member’s account without individual or prior notice.
3.5.8. CHEER reserves the right to modify or update any information, rewards available for redemption, POINTs exchange rate and/or redemption progress without notice.
3.5.9 Staff can check the members’ POINTs by Google Form if there are any enquiries.

4. Member Offers

4.1. To collect an Offer, Members are required to present a valid Membership card, an original or copy (as applicable) of redemption letter, SMS, email or any other redemption proof, together with their identity documents or other documents, as required by CHEER.
4.2. Members are advised to read the relevant terms and conditions carefully before enjoying the Rewards. CHEER is not liable for any disputes and/or losses.
4.3. All Member Offers are not exchangeable, refundable, replaceable, and transferable for cash, and cannot be used in conjunction with any other Offers under any circumstances. CHEER has the right to cancel any Membership, and reserves the right to recoup all losses and demand compensation from Members and other persons involved in any dishonest or fraudulent transactions.
4.4. Offers of the “CHEER Rewards Scheme” may contain products by third parties. The consumption of such products shall be at the Members’ own risk, and CHEER is not liable for any personal injury or property damage suffered through the use of any products or services obtained as part of the “CHEER Rewards Scheme” Offer.
4.5. CHEER assumes no responsibility for any claims, losses, costs, expenses or damages of any nature resulting from the rewards redemption.
4.6. If Members have any inquiries, claims or complaints about the quality or supply of the relevant goods or services, they should directly contact the relevant third party/merchants. Members and Merchants shall resolve the relevant disputes or controversies between themselves.
4.7. Offers of the “CHEER Rewards Scheme” are subject to availability. CHEER reserves the right to change the Offers at any time without notice.
4.8. Members acknowledge that CHEER reserves the right to change any terms and conditions of the Offers or suspend and terminate them periodically without prior notice. Members are advised to visit the CHEER website or the updated “CHEER Rewards Scheme” details for the most updated information.

5. Changes

5.1. CHEER reserves the right, at any time, to update, revise, supplement and modify “CHEER Rewards Scheme” Terms and Conditions, POINTs, Membership criteria, reward items and related rules and policies of “CHEER Rewards Scheme” (“Amended Terms”) without further notice. Such Amended Terms will be effective immediately once incorporated into these Terms and Conditions. If the member continues to participate in the “CHEER Rewards Scheme”, it is deemed that the member has accepted such Amended Terms. All Amended Terms will become part of these Terms and Conditions. Any temporary changes or cancellations in “CHEER Rewards Scheme” will be subject to the announcement of CHEER.
5.2. The provisions contained in each clause of these Terms and Conditions shall be enforceable independently of each of the others, and its validity shall not be affected if any of the others is invalid.
5.3 While every effort has been made to ensure that the information shown in the ‘accumulated POINTS’ is accurate, CHEER is not responsible for any error or omission. CHEER reserves the right to make the final decision if there is any inaccuracy or omission.

6. Collection of Personal Data

6.1. Members agree that CHEER will use and collect their personal data when handling and managing their “CHEER Rewards Scheme” when providing Offers, and when Rewards are redeemed. Members agree that to the extent necessary, CHEER will disclose certain members’ personal data to relevant staff. Members agree and accept that these terms and conditions are subject to the “General Personal Information Collection Statement” and Private Policy Statement.

7. Applicable Law

7.1. These Terms and Conditions herein are governed by the laws of the Hong Kong Special Administrative Region (“Hong Kong”). Members agree that any litigation or claim arising out of these Terms and Conditions shall be governed by the exclusive jurisdiction of the Hong Kong courts.

8. Force Majeure

8.1. CHEER shall not be liable for any loss or damage resulting from the delay or failure to perform these Terms and Conditions in whole or in part where such delay or failure is due to causes beyond CHEER’s reasonable control or which is not occasioned by CHEER’s fault or negligence. These include, but are not limited to, war, the threat of imminent war, riots or other acts of civil disobedience, insurrection, acts of God, restraints imposed by governments or any other supranational legal authority or any other industrial or trade disputes, fires, explosions, storms, floods, lightning, earthquakes and other natural calamities.

9. Third Party Rights

9.1. No person other than Members and CHEER will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of the Terms and Conditions.

10. Disclaimers

10.1. CHEER is not responsible for:
10.1.1. any loss or misdirection of, or delay in receiving any Membership applications, correspondences, Offer redemption proofs, or general administration work regarding the handling of Offers; or
10.1.2. theft or unauthorised Offer redemption, or Membership theft or loss.
10.1.3. If Members violate the law and/or these Terms and Conditions, or damage the rights of third parties, Members agree to indemnify CHEER for any claims caused by their actions to avoid damages to CHEER.

11. Interpretation

11.1. CHEER has the sole discretion to determine Membership and eligibility for obtaining POINTs in “CHEER Rewards Scheme”. In case of any disputes, CHEER reserves the right to make the final decision.
11.2. If there are any discrepancies between the Chinese and English versions of these Terms and Conditions, the English version shall prevail.

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