Terms and Conditions

Terms of Use

These Terms of Use apply to the services (“the Services”) operated by The Garden Company Limited (“the Company” or “we”) and provided to users in Hong Kong and Macau through the “Garden Club”. By using the Services, users agree to be bound by the following terms and conditions (including any subsequent amendments, collectively “the Terms”).

 

Article 1 Purpose

1.Scope, target audience, and effect of use of “Garden Club”.

 

Article 2 Definitions

2.1. “User” (“you”): Individuals who download/use “Garden Club”, including guests and Garden Club members.

2.2. “Member” (“Garden Club Member”): Individuals enrolled in the Garden Club membership programme.

2.3. “Points” (“Garden Club Points”): Reward units earned by members through designated sales points/stores in Hong Kong, the official online store, or designated interactions/activities of the Company.

2.4. “E‑Cash Voucher”: A digital voucher redeemable with points, usable at designated stores/cashier channels in Hong Kong; not exchangeable for cash and subject to relevant usage terms (if any).

2.5. “Points Expiry Date”: The final date on which points may be used.

2.6. “E‑Cash Voucher Expiry Date”: The final date on which an e‑cash voucher may be used.

2.7. “Birthday Reward”: A reward offered to members during their birthday month through the Garden Club (birthday month must be provided in the App). The Company reserves the right to amend this reward with reasonable prior notice.

2.8. “User Data”: Information provided by users or lawfully obtained by the Company in connection with the Services (including personal data).

2.9. “Hong Kong” refers to the Hong Kong Special Administrative Region.

2.10. “Macau” refers to the Macau Special Administrative Region.

 

Article 3 “Garden Club” Membership Registration

3.1. Registration requirements:

3.1.1. Installing “Garden Club” on a mobile device requires agreeing to the Terms.

3.1.2. Registration requires a valid Hong Kong or Macau mobile number and email address. Each individual, phone number, and email address may only correspond to one Garden Club account; duplicate applications will not be accepted.

3.2. Users declare that all registration information is true, accurate, complete and up‑to‑date. Birthday month is used solely for the reward described in Article 2.7, available once annually, and cannot be changed after registration.

3.3. Except for birthday month, members must update any changes to registration information in the App without delay. To the extent permitted by law, the Company bears no responsibility for any consequences arising from omission, negligence or failure to update information.

3.4. Points accumulation begins upon successful registration.

3.5. The Company reserves the absolute discretion to refuse, revoke, terminate, or cancel any application or existing account without prior notice.

 

Article 4 Issuance, Use, and Validity of Points and E‑Cash Vouchers

4.1. Members may earn points for eligible transactions (e.g. purchase of designated products or participation in designated activities, unless otherwise stated) at designated Hong Kong stores or the Hong Kong official online store. Points cannot be earned or used outside Hong Kong.

4.2. Points calculation: 

Red Tier: HK$1 = 1 point 

Gold Tier: HK$1 = 1.5 points

4.3. Points cannot be exchanged for cash or used as a direct cash deduction at checkout. The Company may adjust redemption ratios or rules with reasonable prior notice.

4.4. Points validity: Points earned from 00:00 on 1 January to 23:59 on 31 December each year must be used by 23:59 on 31 December of the following year (“Points Expiry Date”). Expired points will be cleared.

4.5. Birthday rewards are automatically issued on the first day of the member’s birthday month, once per year, and cannot be changed thereafter.

4.6. The Company may from time to time offer member rewards as announced through official channels.

4.7. To use points or e‑cash vouchers, members must present the installed Garden Club App at designated stores operated by the Company and indicate their intention to use such benefits. Purchases through non‑designated third‑party platforms generally do not allow points or voucher usage.

 

Article 5 Points Cannot Be Combined

5. Members’ points may not be shared, combined, transferred, gifted, borrowed, pledged, or assigned to others.

 

Article 6 Deduction, Expiry or Cancellation of Points and E‑Cash Vouchers

Points or vouchers may be partially or entirely deducted, expired, or cancelled under the following circumstances, without compensation from the Company:

6.1. Failure to use points or vouchers within the validity period.

6.2. Termination of service usage under Article 9.2.

6.3. Submission of false, incorrect, or unlawful content.

6.4. Acquisition of points or vouchers through improper means.

6.5. Violation of the Terms.

6.6. Any case where the Company deems cancellation necessary at its absolute discretion.

6.7. Account deletion by the member or termination/cancellation under Article 10.

 

Article 7 Notification

7.1. Apart from individual notifications, the Company may notify members in any manner deemed appropriate.

7.2. Notices posted on the Company’s official website or Garden Club are deemed delivered.

7.3. Push notifications aim to provide timely updates including but not limited to: 

7.3.1. New features 

7.3.2. Promotional campaigns 

7.3.3. Important announcements 

7.3.4. Customer service notices

7.4. By using the App, users consent to receiving push notifications. Users may opt out by: 

7.4.1. Disabling notifications in the App settings; or 

7.4.2. Adjusting notification permissions in device settings.

7.5. Push notifications may include text, images, or multimedia content. We may tailor notifications based on usage patterns and preferences.

 

Article 8 Agreement to Terms

8. Downloading or using Garden Club constitutes agreement to the Terms. Users who do not agree must delete the App.

 

Article 9 Activation and Termination

9.1. Use of the Services requires downloading Garden Club. 

9.2. The Company may terminate a user’s access without notice if: 

9.2.1. The user engages in improper behaviour toward the Services or other Company systems; 

9.2.2. The user has a history of such improper behaviour; 

9.2.3. The user downloads Garden Club on another person’s device or one obtained unlawfully; 

9.2.4. The user violates any of the Terms; 

9.2.5. The Company, at its discretion, deems the user unsuitable for the Services. 

9.3. The Company is not liable for any losses/damages to users or third parties arising from such termination.

 

Article 10 Immediate Suspension or Cancellation

10.1. The Company may suspend or cancel usage without prior notice if: 

10.1.1. The account has no login activity for 36 consecutive months; 

10.1.2. Any scenario under Article 9.2 occurs; 

10.1.3. The user illegally uses or induces others to use the Services illegally; 

10.1.4. The user alters information provided by the Company without consent; 

10.1.5. The Services are used or induced to be used for unlawful purposes; 

10.1.6. The user engages in inappropriate or fraudulent behaviour; 

10.1.7. Any other conduct the Company deems inappropriate. 

10.2. Upon cancellation, all records—including accumulated points, unclaimed or unused e‑cash vouchers, and rewards—will be invalidated without reissue or refund.

10.3. The Company reserves final decision rights for disputes relating to points or the Services and may limit or suspend usage.

10.4. The Company bears no responsibility for loss of service due to circumstances described herein; users must compensate the Company or third parties for any resulting loss/expenses (including legal fees).

 

Article 11 Necessary Suspension or Termination

11.1. The Company may suspend or terminate all or part of the Services without notice in cases such as: 

11.1.1. System maintenance, inspection, repair, or updates; 

11.1.2. Natural disasters or force majeure/uncontrollable circumstances; 

11.1.3. War, unrest, riots, or similar events; 

11.1.4. System failures, hacking, destruction, or network disruptions; 

11.1.5. Other situations deemed necessary by the Company. 

11.2. The Company is not liable for any resulting losses/damages.

 

Article 12 Termination by User

12.1. Users may terminate usage at any time; all points, vouchers, and related rights/privileges immediately expire upon termination without compensation. 

12.2. User death constitutes termination.

 

Article 13 Prohibition of Identity Transfer

13.1. Users may not lend, transfer, or pledge their accounts or rights. 

13.2. Users must compensate the Company/third parties for any losses/expenses (including legal fees) arising from such actions.

 

Article 14 Personal Data Security

14.1. Users are responsible for safeguarding their login information. The Company is not liable for losses/damages resulting from intentional or negligent misuse or device/account theft. 

14.2. The App collects device identification information to manage guest accounts and system operations.

 

Article 15 Notifications and Information Disclosure

15.1. Users must review announcements and information published through the Services. 

15.2. If failure to provide/update required information results in delayed or undelivered notices, such notices are still deemed delivered. The Company bears no responsibility for losses/damages arising therefrom.

 

Article 16 Prohibited Acts

16. Unlawful acts—including infringements, fraud, privacy violations, malware, spam, system intrusion, unauthorised data collection, or permitting/encouraging others to do so—are strictly prohibited.

 

Article 17 Changes to the Services

17.1. The Company may modify, update, revise, or terminate all or part of the Services or Garden Club (including prices of goods/services) without prior notice. 

17.2. The Company is not liable for any disadvantage/damages arising from such changes. 

17.3. The Company may update, modify, discontinue, or restrict Garden Club at any time without obligation or liability.

 

Article 18 Ownership

18. All content within Garden Club and the Services (text, images, logos, trademarks, layouts, audio, etc.), including their compilation, belongs to the Company/affiliates or content providers/customers and is protected by law. No content may be modified, copied, published, sold, distributed, or used for public/commercial purposes without prior written consent.

 

Article 19 Disclaimer

19.1. Users bear all risks related to the use of the Services and Garden Club. The Company is not liable for losses resulting from deletion of user data, suspension of eligibility, or suspension/interruption/termination of the Services. 

19.2. The Company may change product features/specifications displayed on Garden Club without notice; photos and stock are for reference only; dimensions/capacity are approximate; unless stated otherwise, prices are regular retail prices. Latest information shall follow retail stores. 

19.3. The Company has no obligation to pre‑screen user‑submitted content; if such content is deemed inappropriate or in violation of the Terms, the Company may remove it without notice. Users bear the risk of using such content.

 

Article 20 Breach Handling

20. Users who violate the Terms (including Article 10) must compensate the Company/third parties for damages (including legal fees) and hold them harmless.

 

Article 21 Scope, Additions and Amendments

21.1. Any individual rules and additional provisions published by the Company regarding the Services form part of the Terms. If inconsistencies arise, individual/additional provisions prevail. 

21.2. The Company may amend the Terms without user consent and provide the Services under the amended conditions, effective upon publication on the official website unless otherwise specified.

 

Article 22 Governing Law

22.1. In case of disputes, The Garden Company Limited reserves final decision rights. 

22.2. The Contracts (Rights of Third Parties) Ordinance (Cap. 623 of Hong Kong Laws) does not apply to the Terms.

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