TAMJAI MYXIAN CLUB PROGRAM TERMS AND CONDITIONS

Please read the following terms and conditions carefully as they shall apply to your TamJai Myxian Club membership. By registering as a member on this Mobile App (as defined below) and by logging in subsequently, you are agreeing to these terms and conditions and accept and agree to be bound by the same.

1. TAMJAI MYXIAN CLUB PORGRAM

TamJai Myxian Club is a loyalty program managed and operated by Jointed-Heart Limited and is governed by the terms and conditions set out herein (“Terms and Conditions”).

2. DEFINITIONS

2.1. Accumulated Spending means the total Net Spending Amount of a Member, which is qualified for accumulation under these Terms and Conditions.

2.2. Benefit(s) means any services, benefits, privileges, promotions, offers, rewards or the like offered or to be offered to the Members by Jointed-Heart Limited or any third parties under TamJai Myxian Club from time to time.

2.3. Member means a person admitted to be a Pre-Member / VIP Member or any other tiers of memberships as may be designated by Jointed-Heart Limited from time to time under TamJai Myxian Club, subject to such terms and conditions as Jointed-Heart Limited may think fit; and the term “Membership” shall be construed accordingly.

2.4. Mobile App means the “TamJai Yunnan Mixian” mobile application which is operated by Jointed-Heart Limited.

2.5. Net Spending Amount means the net amount spent by a Member in Transaction(s) made at TamJai Yunnan Mixian Stores after deduction of any applicable discounts and/or expenses (including but not limited to physical or electronic vouchers or Points) as may be designated by Jointed-Heart Limited from time to time.

2.6. Points means the reward point(s) granted to VIP Members according to these Terms and Conditions.

2.7. TamJai Myxian Club means the loyalty program operated and managed by Jointed-Heart Limited and governed by these Terms and Conditions.

2.8. TamJai Yunan Mixian Stores means TamJai Yunnan Mixian branches operated by Jointed-Heart Limited and located within Hong Kong only.

2.9. Transaction means the eligible transaction specified in these Terms and Conditions.

3. ELIGIBILITY AND MEMBERSHIP – TAMJAI MYXIAN CLUB MEMBERSHIP

3.1. There are two tiers of Membership, namely, TamJai Myxian Club Pre-Member (“Pre-Member”) and TamJai Myxian Club VIP Member (“VIP Member”).

3.2. Any individual aged 12 or above is eligible to apply for Membership as Pre-Member or above upon satisfaction of the corresponding entry requirements as specified under Clause 4 hereinbelow. By submitting a Membership application through the Mobile App, the applicant represents that he/she is of legal age and has the legal capacity to enter into a legally binding contract. Applicants who are minors (i.e. individuals under the age of 18) shall require the consent of a parent or legal guardian to join TamJai Myxian Club. By accepting these Terms and Conditions, the minor confirms that he/she has obtained consent from his/her parent or legal guardian. Jointed-Heart Limited has the absolute discretion to refuse registration of any person as a Member.

3.3. The applicant’s name provided in the Membership application shall be the same as the name in his/her official identity document. Jointed-Heart Limited reserves the right to request proof of identity from the applicant. Each individual is only allowed to have one (1) Membership account at any given time.

3.4.  Applicants shall provide genuine, accurate, complete, and current information for Membership application and account registration.

3.5. Each mobile number can only be registered by one (1) Member. Any duplicate registration of the same mobile number will not be accepted.

3.6. Jointed-Heart Limited has the sole and absolute discretion to approve or refuse any Membership application without giving any reason.

3.7. Membership and the Benefits are non-transferable and non-assignable and may only be used or enjoyed by that individual Member to whom the Membership and the Benefits are granted or issued.

3.8. Jointed-Heart Limited may at any time without prior notice review the Membership tiers and the respective criteria for eligibility, or reassign a Member to another Membership tier as Jointed-Heart Limited may decide.

3.9. Jointed-Heart Limited reserves the right to add, modify, or remove any part of the structure, benefits, contents and other features of TamJai Myxian Club, including but not limited to the Membership tiers, the Accumulated Spending, the Points, the Benefit, these Terms and Conditions, joining or having arrangements with other programs, at any time without prior notice. Although Jointed-Heart Limited will use reasonable efforts to notify Members of material changes to TamJai Myxian Club and/or to these Terms and Conditions, it is the responsibility of Members to keep themselves up to date in respect of TamJai Myxian Club and these Terms and Conditions. Jointed-Heart Limited shall not be liable for any loss or damage resulting from modifications.

3.10.Each Member will be assigned a Membership account. Member must ensure that his/her Membership account details including but not limited to the password, Membership number, as well as any information related to his/her Membership are kept confidential in order to prevent unauthorized use of the Membership account. Member is fully responsible for any use of his/her Membership account by any persons, and Jointed-Heart Limited shall not be liable in the event of any unauthorized access to a Member’s account. Member agrees to indemnify Jointed-Heart Limited for all claims, losses and damages whatsoever made by any third party arising from the actions of any person using the Member’s Membership account.

3.11. Jointed-Heart Limited shall have the right to audit a Member’s account at any time without prior notice to the Member to ensure compliance with these Terms and Conditions, and/or any other applicable rules, regulations or terms and conditions. During the course of an audit, a Member’s account may be temporarily suspended and a Member may not be permitted to access his/her account nor perform any transactions.

3.12. Should there be any changes or updates on the information you provided, please update the same in the Mobile App yourself promptly (if function available) or send us a data correction request according to our Privacy Policy. Jointed-Heart Limited shall not be responsible for any consequences caused by the inaccuracy of any information provided.

4. MEMBERSHIP ENTRY REQUIREMENT

4.1. Pre-Member

4.1.1. Any individual who satisfies the membership entry requirements as may be specified by Jointed-Heart Limited from time to time is eligible for application of Membership. Membership for Pre-Member is valid for a lifetime unless terminated pursuant to these Terms and Conditions.

4.1.2. An applicant must complete the required registration procedures via the Mobile App.

4.2. VIP Member

4.2.1 If the Accumulated Spending of a Pre-Member has reached HKD300 within a consecutive ninety (90) day period after the date of the earliest entry shown in the Accumulated Spending record (“Specified Period”), he/she shall be upgraded to VIP Member. Membership for VIP Member is valid for a lifetime unless terminated pursuant to these Terms and Conditions.

4.2.2 If a Pre-Member fails to fulfil the above mentioned upgrade requirement within the Specified Period, the Accumulated Spending record shall be reset and all entries therein shall be deleted. The Specified Period shall be re-calculated for another consecutive ninety (90) day period upon the next Transaction.

5. ELIGIBLE TRANSACTION

Only eligible Transactions by Members at TamJai Yunnan Mixian Stores shall be counted towards the Accumulated Spending for upgrading to VIP Membership or for earning Points by VIP Members. An eligible Transaction EXCLUDES the following:  

  1. Sums paid using TamJai Yunnan Mixian physical or electronic gift vouchers / ecoupons, which shall be deducted from the value of the Transaction;
  2. Charitable donations;
  3. Transactions made through food delivery platforms or self-ordering services/kiosks provided by third-parties;
  4. Any other transactions as specified by Jointed-Heart Limited from time to time (with or without prior notice).

6. ELIGIBLE REGISTRATION

6.1. Members shall register the Transaction via the Earn Points function of the Mobile App.

6.2. Registration shall be done within (4) hours from the time of the Transaction.

6.3. Transactions shall be registered automatically for orders made through the Mobile App.

6.4. A maximum of (5) Transactions can be registered per day.

6.5. The processing time for Accumulated Spending / Points to be credited to Members’ accounts may take up to (7) working days from the time of the Transaction.

6.6  Only the first person who scans a receipt shall be entitled to register Accumulated Spending / Points, any subsequent registration with the same receipt shall not be accepted.

7. PROOF OF SPENDING

7.1. Jointed-Heart Limited will only accept original machine-printed receipts as proof for registration of Accumulated Spending / Points by Members.

7.2 Payment must be made by the Member and Jointed-Heart Limited reserves the right to seek verification from the Member including but not limited to cross-checking the name shown in electronic payment records against the Member’s account information and/or official identity document. For the avoidance of doubt, Members may not use sales receipts, electronic payment slips or other purchasing information/ document of any other individuals for earning Accumulated Spending / Points.

7.3 Jointed-Heart Limited reserves the right to reject any receipts, invoices or payment slips that Jointed-Heart Limited suspects to be invalid, forged or not issued for genuine transactions. Jointed-Heart Limited has the right to determine and verify the validity and applicability of any receipts, invoices or payment slips. In the event of disputes, the decision of Jointed-Heart Limited shall be final and binding on the parties involved.

8. POINT REGISTRATION UNDER TAMJAI MYXIAN CLUB

8.1. Only VIP Members can earn Points and use Points.

8.2. For every HKD1 a VIP Member spent in a valid Transaction at TamJai Yunnan Mixian Stores, 1 Point will be earned for that VIP Member.

8.3 For the avoidance of doubt, any spending amount exceeding HK$300 in a single or multiple transaction(s) used to fulfil the spending accumulation requirement to upgrade from Pre-Member to VIP Member shall not be eligible for points earning. For example, a Pre-Member has accumulated HK$250 as of 30 June 2022. He spent HK$70 at TamJai Yunnan Mixian Store on 5 July 2022. He will become VIP Member on 6 July 2022 with 0 Points in his account. He will start earning points from any transaction made on or after 6 July 2022.

8.4. Points earning ratio maybe adjusted and the number of Points a VIP Member will earn in each valid Transaction may be adjusted by Jointed-Heart Limited at any time without prior notice.

8.5. Points are subject to expiry date, which falls on 31 March and 30 September of every calendar year as follows:

Points earned from: Points Expiry Date:
(a) 1 October to 31 March in a year (both days inclusive) 31 March in the next calendar year following the period mentioned in (a)
(b) 1 April to 30 September in a year (both days inclusive) 30 September in the next calendar year following the period mentioned in (b)

For example, if 100 Points and 300 Points are earned on 1 January 2022 and 31 July 2022, the expiry dates of the 100 Points and 300 Points will be 31 March 2023 and 30 September 2023, respectively.

The expiry dates of the Points are shown in the Mobile App. Jointed-Heart Limited shall have the right to shorten or extend the expiry period of Points with or without notice to Members.

8.6. Unless otherwise specified, bonus Points are subject to the expiry dates stated in Clause 8.5 above. Please refer to the terms and conditions of each individual promotion for expiry dates of the bonus Points.

8.7. Jointed-Heart Limited reserves the right to cancel or deduct the Points of any VIP Member if such Points were credited to the VIP Member’s account incorrectly, or not in accordance with, or in breach of, these Terms and Conditions, at any time, with or without notice to a VIP Member.

8.8. The records of Jointed-Heart Limited as to the number of Points earned by a VIP Member shall be final and conclusive.

9. REDEMPTION AND ENJOYMENT OF BENEFITS

9.1. Members may only claim Benefits at designated locations as may be specified by Jointed-Heart Limited from time to time and the decision of Jointed-Heart Limited regarding such Benefits shall be final. Members shall be subject to the terms and conditions as may be applicable to any Benefits from time to time.

9.2. All Benefits are offered subject to availability while stocks last (if applicable).

9.3. Jointed-Heart Limited shall grant Benefits to a Member only when the Membership account of this Member is valid and in good standing as recognised by Jointed-Heart Limited.

9.4. Once Jointed-Heart Limited has accepted any redemption request from a Member, the redemption request by the Member cannot be changed or cancelled.

9.5. A Member shall immediately inform Jointed-Heart Limited of any Transaction where Benefits have been obtained/redeemed but such Transaction is subsequently cancelled, refunded or reversed for whatever reasons. In the event that such cancelled, refunded or reversed Transaction(s) has come to the knowledge of Jointed-Heart Limited and the Member had failed to inform Jointed-Heart of the same, the Member shall reimburse Jointed-Heart Limited forthwith upon written notice from Jointed-Heart Limited the value of the Benefits, which shall be determined by Jointed-Heart Limited in its sole and absolute discretion.

9.6. Jointed-Heart Limited reserves the right to request Members to present their Membership account information and, if necessary, other identification documents for verification of identity when Members claim for any Benefits.

10. REWARD REDEMPTION

10.1. VIP Members can use Points in their Membership accounts to redeem rewards via the Mobile App.

10.2. Members may redeem the rewards subject to terms and conditions as may be applicable from time to time.

10.3. All prices listed in the Mobile App for redemption are denoted in Hong Kong dollars. All payments must be settled in Hong Kong dollars only.

10.4. Jointed-Heart Limited may accept or reject the redemption requests according to (amongst others) whether such Member has made the required payment for the redemption and whether the reward is still available.

10.5. Rewards are offered on a first-come-first-served basis and shall be available while stock lasts.

10.6. Rewards redeemed cannot be exchanged for cash or other gifts.

10.7. Specific terms and conditions may apply to each reward.

11. TERMINATION OR SUSPENSION OF MEMBERSHIP

11.1. Members may terminate their Membership at any time by giving written notice to Jointed-Heart Limited or applying through the Mobile App.

11.2. Jointed-Heart Limited reserves the right to forthwith terminate or suspend the Membership of any Member in the event that the Member breaches any of these Terms and Conditions or does not comply with the instructions of Jointed-Heart Limited. In addition, Jointed-Heart Limited shall have the right to forthwith terminate or suspend the Membership of any Member at any time at the sole and absolute discretion of Jointed-Heart Limited without any reasons or compensation. Jointed-Heart Limited shall not be liable for any loss or damage resulting therefrom suffered by any party in any circumstances.

11.3. All Accumulated Spending / Points associated with a Membership account shall be cancelled upon termination of such account without any compensation.

11.4. Termination of Membership for whatsoever reasons shall not prejudice any accrued rights and remedies of Jointed-Heart Limited as at the date of termination.

11.5. If there is any misuse of, amongst others, the Membership accounts or Benefits, Jointed-Heart Limited shall have the right to terminate or suspend the Membership or withdraw the Benefits from the Member without prejudice to any accrued rights and remedies of Jointed-Heart Limited against the Member.

11.6. Upon the death of a Member, the associated Membership account shall be deemed to be automatically terminated.

12. DISCLAIMERS AND EXCLUSION OF LIABILITIES

12.1. Jointed-Heart Limited shall not be liable to Members for any direct, indirect or consequential loss, damage or expense of any kind whatsoever arising out of or in connection with TamJai Myxian Club (including but not limited to the refusal by Jointed-Heart Limited to allow any Member to register his spending/Points, or claim any Benefits or rewards). Such exclusion of liability applies whether the loss, damage or expense is caused by negligence or otherwise, and whether Jointed-Heart Limited have any control over the circumstances giving rise to the claim or not.

12.2. All terms expressed or implied by statute or otherwise on the part of Jointed-Heart Limited are hereby excluded to the fullest extent permitted by law. For the avoidance of any doubt, nothing in these Terms and Conditions shall exclude liability for death or personal injury caused by negligence.

13. GENERAL CONDITIONS

13.1.  Jointed-Heart Limited shall deal with all personal data in accordance with the Personal Data (Privacy) Ordinance of the laws of Hong Kong and its Privacy Policy. Please refer to the Privacy Policy of Jointed-Heart Limited here: https://tamjaimixian.com/en/privacy-policy/.

13.2.  A Member shall consent to the Personal Information Collection Statement of Jointed-Heart Limited during the application for Membership which sets out the privacy policy and practices of Jointed-Heart Limited in respect of its collection, holding and use of personal data in relation to TamJai Myxian Club.

13.3. Jointed-Heart Limited reserves the right to amend, delete, modify and/or vary any of these Terms and Conditions, including but not limited to imposing additional terms and conditions in respect of the Membership, the Accumulated Spending, Points, the Benefits and other matters in relation to TamJai Myxian Club from time to time without prior notice. Should there be any inconsistencies between these Terms and Conditions and those additional terms and conditions, those additional terms and conditions shall prevail. By accessing this Mobile App and any of its pages, you are agreeing to the latest version of these Terms and Conditions and accept and agree to be bound by the same.

13.4. Jointed-Heart Limited reserves the right to suspend and terminate TamJai Myxian Club at any time without any prior notice, reason or compensation. Jointed-Heart Limited shall not be liable for any loss or damage resulting therefrom by any party in any event.

13.5. Jointed-Heart Limited has the right to interpret these Terms and Conditions and its interpretation shall be final and binding on all parties concerned.

13.6. The Chinese version of these Terms and Conditions is provided for reference only. In the event of any discrepancy between the English version and the Chinese version, the English version shall prevail.

13.7. These Terms and Conditions shall be governed by the laws of Hong Kong and any disputes arising from, out of or in relation thereto, shall be subject to the exclusive jurisdiction of the Hong Kong courts.

 

Last updated on 9 November 2022