These Terms and Conditions are binding on all Members of the SHKP Club (the "Club") operated by SHKP Club Limited. Members shall include Ordinary Members, Star Members and such other kinds of members as may be admitted by the Club from time to time. By signing the Application Form herein to become a Member of the Club, the applicant agrees to be bound by these Terms and Conditions (as may from time to time be in force) upon becoming a Member of the Club.
MEMBERSHIP
The minimum age requirement for a Member is 18 years
of age.
All applications for and renewals of Membership shall
be subject to the approval of the Club, which it may
approve or not at its absolute discretion and without
giving any reason therefor.
Membership will be valid for an initial period of
five years or such other period as the Club may specify
and may be renewed for such period and in such manner
at the absolute discretion of the Club. In particular
and without prejudice to the generality of the foregoing,
on renewal of Membership, Members shall upon request
prove their eligibility to Membership to the Club’s
satisfaction and produce such documentary proof in
support of the eligibility as the Club shall deem
fit.
Members have no voting right as to the constitution,
operation or management of the Club nor any right
in or any claim over any assets of the Club.
Membership of the Club is non-transferable.
MEMBERSHIP CARD
Each Member will be issued a Membership card and
a renewal Membership card (each, a "Card")
by the Club upon acceptance of the Membership application
and renewal of Membership. The Member must sign the
Card immediately upon receiving the Card using the
same signature as on the Application Form.
The Card remains at all times the property of the
Club and the Club reserves the right at any time to
revoke the Card and/or terminate the Membership of
any Member without giving any reason therefor and
to require the Card to be returned to the Club upon
request.
The Card may only be used by the Member to whom the
Card was issued and the Card is not transferable.
The Card must be produced upon request as proof of
Membership to enable the Member to enjoy the facilities
and services offered to Members.
If the Card is lost, damaged or stolen, it should
be reported immediately to the Club. A charge may
be imposed by the Club for the issuance of a replacement
Card.
FACILITIES AND SERVICES
Upon admission, Members will
be eligible to receive and enjoy the facilities and
services provided or procured by the Club subject
to the Club's invitation and any specific terms and
conditions which may be imposed by the Club in relation
to such facilities and services. Invitation to Members
shall be at the absolute discretion of the Club.
The Club shall have the right
to provide facilities and services to different kinds
of Members subject to different terms and conditions
at its absolute discretion.
The Club shall have the right,
at any time at its absolute discretion without giving
any notice or reason to Members, to terminate the
operation, provision and/or availability of any facility
or service.
The Club shall not be responsible
for the refusal of any persons including any merchants
or stores to honour the Card nor shall it be responsible
in any way for the goods and/or services supplied
by them to any Member.
No Member shall make use of
the Club or the facilities, services, information
or documents provided or procured by the Club for
any commercial, immoral or illegal purposes.
THE CLUB'S RESPONSIBILITIES
Unless due to the negligence
or wilful default of the Club or any of its employees
or duly authorised agents, the Club shall have no
responsibility or liability whatsoever to any Member
or any other person for any loss, damage, costs, charges
or expenses of any kind howsoever (whether directly
or indirectly) caused or arising as a result of or
in connection with the Member's Membership of the
Club.
REIMBURSEMENT OF COST BY MEMBER
The Club reserves the right
to require a Member to reimburse the Club of all costs
and expenses incurred by it in the provision and/or
delivery of any information or documents requested
by the Member.
AMENDMENT OF TERMS AND CONDITIONS
The Club shall have absolute
discretion and right to amend these Terms and Conditions
from time to time and may notify Members of such amendments
in any manner it considers fit. The Member will be
bound by such amendments unless his/her Card is returned
to the Club for cancellation before the date specified
in the notification upon which the amendments are
to take effect.
RESIGNATION
Any Member who wishes to resign
from his/her Membership shall give to the Club at
least 7 days advance notice in writing to that effect.
The Card must be surrendered to the Club together
with the resignation notice by registered mail.
EXPULSION OF MEMBERS
The Club may, if it considers
that any Member has conducted himself/herself in any
way injurious to the Club or prejudicing the interests
of the Club or has committed any breach of these Terms
and Conditions, expel the Member from Membership of
the Club and the decision of the Club shall be final
and conclusive.
A Member who has been expelled
from the Club shall cease to have any rights, benefits
or privileges of Membership and any rights to enjoy
the facilities and services provided or procured by
the Club and shall immediately, upon receipt of the
notice of expulsion, surrender to the Club his/her
Card.
TERMINATION OF OPERATION OF THE CLUB
SHKP Club Limited shall have
the right at any time at its absolute discretion without
giving any notice or reason to Members to terminate
the operation of the Club. Upon the termination of
the operation of the Club, all rights and privileges
of Members shall cease and all the Members shall,
forthwith upon notification, return their respective
Cards to the Club. No claim or demand of whatsoever
nature and howsoever arising shall be made by Members
against the Club, the directors, shareholders or management
of SHKP Club Limited in connection with such termination.
PERSONAL DATA
Each applicant for Membership
is required to supply all the personal data and other
information requested in the Application Form herein
in order to enable the Club to consider his/her application.
Failure to do so may result in the Club being unable
to process the application. If the application is
successful, further personal data and information
may be collected during the period when a Member's
Membership continues.
Personal data and information
relating to an applicant or Member may be used by
the Club to facilitate or in connection with any and
all of the following purposes:
(a) processing application for
Membership;
(b) assessment and/or verification of information
supplied to the Club;
(c) conducting researches and/or analysis from time
to time for any purpose of the Club and/or any member
of the Sun Hung Kai Properties Group (the "Group");
(d) providing privileges, benefits and other advantages
to the Members and rallying and arranging for the
same to be provided by any other person including
any member of the Group or any other firm, company,
corporation, body or organisation (collectively, a
"Relevant Person");
(e) designing, providing and marketing to Members
or customers generally facilities, services and/or
products of the Club, any member of the Group or any
Relevant Person;
(f) promoting, improving and/or furthering the provision
of facilities, services and/or products to Members
or customers generally by the Club, any member of
the Group or any Relevant Person;
(g) facilitating communications between Members and
the Club and any member of the Group and encouraging
feed-back from Members on their needs and expectations
of facilities, services and/or products of the Club,
any member of the Group or any Relevant Person;
(h) matching for whatever purpose (whether or not
with a view to taking any adverse action against any
applicant or Member) with other personal data relating
to him/her in the possession or control of the Club
and/or any other person;
(i) meeting any requirements to make disclosure under
any applicable law;
(j) any other purpose which an applicant or Member
may from time to time agree.
The Club will keep personal
data and information relating to applicants and Members
confidential but the Club may disclose, transfer (whether
within or outside the Hong Kong Special Administrative
Region) and/or exchange any such data and information
to or with any and all of the following persons or
entities:
(a) any member of the Group;
and/or
(b) any Relevant Person; and / or
(c) any agent, contractor or third party service provider
who provides administrative, telecommunications, computer
or other services to the Club or any member of the
Group in connection with their respective operations
or provision of facilities, services and/or products
to Members.
In particular, such personal
data and information may be used for direct marketing
of facilities, services and /or products offered by
the Club, any member of the Group or any Relevant
Person from time to time unless and until a written
request is received from the relevant Member to stop
using his/her data for direct marketing purposes.
Each Member has the right to
request access to and correction of any of his/her
personal data established to be inaccurate. The Club
has the right to charge a reasonable fee for the processing
of any data access request. Any data access request
or data correction request may be made by a prescribed
form in writing with at least 7 days advance notice
to the Club's Data Protection Officer at its office
situated at 45/F., Sun Hung Kai Centre, 30 Harbour
Road, Hong Kong (Telephone No. 2828 7878 and Fax No.
2827 8804). The Club will comply with any such request
unless it may or is required to refuse to do so under
the applicable laws and regulations.
APPLICABLE LAW
These Terms and Conditions shall
be governed by and construed in accordance with the
laws of the Hong Kong Special Administrative Region.
GOVERNING VERSION
The English version of these
Terms and Conditions shall prevail wherever there
is any discrepancy between the English and Chinese
versions.
