TERMS AND CONDITIONS

Welcome to this Website which is owned and operated by eBenefits.hk ( "eBenefits", "we", and "us"). These Terms & Conditions (also referred to below as the "Agreement") constitute an agreement between you and eBenefits, which governs the use of this Website and any web page which is a part of this Website, your registration with this Website as a Member, your purchase of or subscription to any product or service through this Website or otherwise.

1. ACCEPTANCE OF THE TERMS AND CONDITIONS

As noted above, by using and/or registering with this Website as a member, you agree to be bound fully by the provisions below, as are published at such time. You agree to use this Website solely in accordance and compliance with these Terms and Conditions for which we reserve the right, in our sole discretion, to change at any time by posting a change notice or new agreement on this Website.

2. TERMS AND CONDITIONS GOVERNING MEMBERSHIP

a. By applying for membership with eBenefits through completing the online application form, your membership will be bound by these Terms and Conditions upon eBenefits’ confirmation of approval of your application and provision to you of your membership number. Membership is open to individuals and approved at the sole discretion of eBenefits. By applying for a membership with eBenefits, members shall acknowledge and agree to eBenefits’ Personal Data (Privacy) Policy Statement in Clause 5 below.

b. Membership with eBenefits is not transferable and may only be used by the Member.

c. eBenefits reserves the right to modify the membership programme structure and other features or offers, including these Terms and Conditions, or to terminate the membership programme or offers, or to deactivate Member’s membership or terminate or suspend a Member’s right to use or access this Website at any time. Although eBenefits will use reasonable efforts to notify Members of material changes of the programme and/or to these Terms and Conditions, it is the responsibility of Members to keep themselves up to date in respect of the programme and these Terms and Conditions. Any use of the membership programme by a Member will be deemed as acceptance of any amendment. eBenefits and/or its partners will no be liable for loss or damage resulting from any amendment to eBenefits’ programme or to these Terms and Conditions.

d. Members are responsible for the security of their passwords and eBenefits shall not be liable in the event that a Member’s password is disclosed, whether intentionally or not, so as to allow a third person access to the Member’s account.

e. eBenefits may run promotions from time to time offering discounts and/or other benefits with partner restaurants. All such offers are subject to any additional terms and conditions of the individual restaurant. It is the responsibility of the Member to check the details of these terms on the restaurant discount voucher when making reservation or payment. eBenefits is not liable for any claim or dispute between the Member and any partner restaurant.

f. A Member warrants that (i) the personal particulars provided when registering as a Member are true, accurate, current, complete and not misleading in all respects, and further undertakes to promptly update eBenefits where there is any change. A Member’s failure to do so would entitle eBenefits to suspend and/or terminate the membership without further notice or recourse to the Member; and (ii) the Member shall comply with all applicable laws regarding use of this Website and the services provided therein and shall use same for legal purposes.

3. PRODUCTS AND SERVICES

a. We work hard to be as accurate as possible of the products and services offered on this Website which contain descriptions that are provided by by our restaurant partners. We do not warrant or represent that such descriptions are complete and accurate. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission.

b. eBenefits and/or its restaurant partners shall not be liable to any Member or companion for any indirect or consequential loss, damage or expense of any kind whatsoever arising out of or in connection with the membership programme, the provision or the refusal to provide any benefits, and the use of the product or services offered on this Website, whether such loss, damage or expense is caused by negligence or otherwise, and whether eBenefits and/or its partners have any control over the circumstances giving rise to the claim or not.

c. eBenefits will endeavour to ensure the availability of products and services provided by its restaurant partners but will not be liable for any loss arising from the failure by any partner to provide such products and services. Where a Member uses the services provided by a partner, their terms and conditions will apply and eBenefits will not be liable for any loss.

d. All terms expressed or implied by statute or otherwise on the part of eBenefits and/or its restaurant partners are hereby excluded to the fullest extent permitted by law.

4. PROPER USAGE

You agree to use this Website, and to subscribe for the products or services through the use of this Website, only for your own personal, noncommercial use. You agree not to use this Website (a) in any unlawful manner or in any manner that creates civil or criminal liability on the part of eBenefits or is otherwise harmful to eBenefits or its restaurant partners; (b) in any manner that could damage, disable, overburden, impair, impede, disrupt, or alter this Website; and (c) in any manner that would interfere, impair, impede, or disrupt the use of this Website by any third party. You agree not to post on or transmit through this Website or to submit to eBenefits for inclusion, use or distribution on this Website or for any other purposes any material that is unlawful; libelous; constitutes an invasion of privacy; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner; constitutes a breach of your contractual and/or fiduciary obligations; infringes on any third-party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights; or, contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment. eBenefits reserves the right in its sole discretion to prohibit any conduct, communications, content, or use of this Website, and to remove any content or communications, which in its sole discretion it finds objectionable or unacceptable in any manner.

5. PRIVACY AND SECURITY

a. Your privacy is important to us. We encourage you to read our Personal Data Privacy Policy and Statement which is incorporated into these Terms & Conditions and governs your use of this Website. By visiting this Website, registering with this Website, or subscribing for any products or services through this Website, you agree with and consent to our Personal Data Privacy Policy and Statement, including the information collection, analysis, and usage practices it describes. To the extent there is a conflict between the Privacy Policy and these Terms & Conditions, these Terms & Conditions will control to the fullest extent permitted by law.

b. Personal Data Privacy Policy and Statement

i. This Policy may be revised by eBenefits from time to time and the updated version will be posted on this Website. Any revised version of this Policy shall be effective from the date of publication on this Website. Members are responsible for keeping eBenefits up to date on their correct communication address. eBeneifts is not responsible for any loss as a result of a Member’s failure to notify of a change in address. Failure by Members to provide up-to-date information may result in eBenefits being unable to offer membership and associated benefits. In such cases, membership may be terminated.

ii. We will collect and process some or all of the following Personal Data about you:

aa) Your personal information such as your name, contact details, your membership number and your username;

ab) A record of any interactions and correspondence between us such as through calls, any interactions you have with our staff or representatives and any interactions with us or posts that refer to us on social media; and

ac) Details of your visits to this Website, your use of social media platforms and our mobile applications, if any, and other information collected through cookies and other tracking technology including information that you look at.

iii. How we collect Personal Data: We will collect some Personal Data from you directly. We will collect other Personal Data from third parties including your employer and our restaurant partners.

iv. Why we collect and use your Personal Data: When you share information with us, you help us make our services to you better. Here are some of the ways we will use your Personal Data.

aa) To operate and facilitate your participation in eBenefits membership programme We will use Personal Data that we collect about you for the operations of eBenefits such as processing your membership application and to ensure that you get the benefit of our services, membership programme and restaurant partner offers

ab) To provide member support For member support purposes including responding to your enquiries and providing general assistance and relaying your feedback and comments to our restaurant partners;

ac) For marketing purposes For providing you with marketing communications, as explained in more detail in section vi below;

ad) To improve For the purposes of improving our programme for the benefit of our members generally, including to ensure that our websites, mobile applications and web pages (including social media pages), if any, function correctly and in accordance with your preferences and circumstances;

ae) For legal and administrative purposes For legal and administrative purposes such as to comply with our legal and regulatory obligations, screening against criminal or unlawful activities, developing, maintaining and testing our systems and for understanding, exercising, enforcing or protecting our legal rights and those of others.

v. Who we share your Personal Data with: In certain circumstances, we will disclose your Personal Data to (aa) our restaurant partners in order to facilitate any special arrangements that you may have requested; and (ab) governments, regulatory authorities and bodies and to other individuals, bodies and organisations such as dispute resolution, prosecution and law enforcement bodies, and legal advisers, for the purposes of complying with our legal obligations. We may also disclose your Personal Data to such individuals, bodies and organisations to enable us to provide our product and services to you, as well as for any legal and administrative purposes.

vi. Marketing

aa) We may use Personal Data for marketing and promotional purposes, including (i) for sending or showing you updates on latest news, offers and promotions in connection with our services and the membership programme; and (ii) for sending or showing you joint marketing offers about our restaurant partners;

ab) We may communicate marketing, promotions and research invitations to you by post, telephone, or online (including by email or through your mobile device or via online banner advertisement) and, as appropriate and where required, we will ask you for your consent, or otherwise provide you with the opportunity to choose not to receive marketing, at the time we collect your data.

ac) We will provide an option to unsubscribe or opt out of further communication on any direct marketing communication sent to you. Please note that if you choose to unsubscribe or opt out of marketing communication, you will still continue to receive administrative emails and updates to our services.

vii.Transmission, storage and security of your Personal Data

aa) IT Security

No data transmission over the Internet, a website, mobile application or via email or other message service can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Data in accordance with the requirements of data protection legislation. All Personal Data we collect about you is stored on our or our subcontractors’ secure servers. We comply with our security policies and standards when accessing or using this information and restrict access to your Personal Data to those persons who need to use it for the purpose(s) for which it was collected. You are responsible for keeping any information that we send to you confidential and for complying with any other security procedures that we notify you of. In particular, where we have given you (or where you have chosen) a password which enables you to access certain parts of our website or mobile applications, we ask you not to share your password with anyone.

ab) Retention period

We will retain your Personal Data for as long as is necessary for the processing purpose(s) for which it was collected and any other permitted linked purpose (for example where we are required to retain personal data for longer than the purpose for which we originally collected it in order to comply with certain regulatory requirements). Our retention periods are based on business needs and your information that is no longer needed is either irreversibly anonymised (and the anonymised information will be retained) or securely destroyed.

viii. You have the right to request access to and correction of information held by us about you. To exercise this right (for which we may charge a reasonable fee for processing the request), please contact us at info@eBenefits.hk

ix. Use of Cookies: This Website uses cookies which, among other things, help us to improve your experience and to ensure that they perform as you expect it to. When you visit this Website, we will record your visit only as a "hit". The webserver makes a record of your visit that includes your IP addresses (and domain names), the types and configurations of browsers, language settings, geo-locations, operating system, previous sites visited, and time/durations and the pages visited (visitor data). We use visitor data for the purpose of maintaining and improving our websistes such as to determine the optimal screen resolution, which pages have been most frequently visited etc. We use such data only for website enhancement and optimisation purposes. We do not use, and have no intention to use the visitor data to personally identify anyone.

6. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, this website, the content of this website, the software utilized by this website, and all products and services offered or licensed through this website are provided on an "as is" basis and eBenefits makes no warranties of any kind, express or implied, regarding this website, the content of this website, the software utilized by this website, or the products and services offered through this website or that this website is free of viruses or the like.

7. APPLICABLE LAW

This Website is created, controlled, owned and operated by eBenefits and governed by the laws of Hong Kong.

8. MISCELLANEOUS PROVISIONS

All terms and conditions contained herein are severable and in the event any of them shall be held to be invalid, this Agreement shall be interpreted as if such invalid term or condition were not contained herein. Headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement. Any failure by eBenefits to enforce any provision of this Agreement shall not constitute a waiver of such provision nor prejudice eBenefits’s right to enforce the provision at any subsequent time. All orders are subject to acceptance of eBenefits.