Terms and Conditions │ above │ Pacific Place

‘above’ Loyalty Programme

TERMS AND CONDITIONS

1. The Programme

1.1 The above Loyalty Programme (the “Programme”) is offered by Swire Properties Limited (the “Company”) to Members (as defined in paragraph 2.1 below) on the terms and conditions contained herein (such terms and conditions, and as they may be amended by the Company from time to time at its sole discretion, are referred to as these “Terms”).

1.2 Upon becoming a Member, you acknowledge and agree to be bound by these Terms, which may be amended by the Company from time to time at its sole discretion.

2. Eligibility and Membership

2.1 The Programme is open to (i) selected guests by invitation only; and (ii) the general public upon reaching a Membership (as defined in later part of paragraph 2.1) tier specified under paragraph 2.4 below, (together “Eligible Applicant(s)”). Eligible Applicants may, subject to paragraph 2.4 below, apply and become a Member of the Programme (“Member(s)”) and start owning a Membership (the “Membership”).

2.2 There is no joining fee for the Membership. The eligibility criteria may be amended by the Company from time to time at its sole discretion. The Company has the sole discretion to decide whether an individual is eligible for Membership and such decision shall be final and conclusive.

2.3 Any individual must be aged 18 or above to join the Programme.

2.4 Membership Tier

There are five tiers of the Membership: Pre-Member, above Blue, above Gold, above Platinum and above Black. Each Member can hold only one Membership at a time.

By registering the receipts from eligible spending specified under paragraph 5.2 below, Eligible Applicants will be enrolled to the following Membership tier if they fulfill the requirement below:

Pre-member	Upon above account’s registration at the Pacific Place Level L2 Concierge Desk, via Pacific Place Mobile App (the “Mobile App”) or Pacific Place WeChat Mini Program (the “WeChat Mini Program”), , then complete the email verification process to activate the account
above Blue	HK$5,000 annual cumulative spending upon becoming Pre-Member
above Gold	Same day spending of HK$40,000 OR HK$200,000 annual cumulative spending upon becoming above Blue Member
above Platinum	HK$500,000 annual cumulative spending upon becoming above Gold Member
above Black	By invitation only

2.5 During the application process, Eligible Applicants may be required to submit identification documents and other documents as specified by the Company for registration and verification purposes. Failure to do so may result in a delay in the processing or a rejection of the application.

2.6 Upon successful information verification and registration, a welcome email and an account activation email will be sent to you as a Member confirmation. You will need to download the Mobile App or join the WeChat Mini Program to access your digital Membership card and review your Membership information, including but not limited to your Points(as defined under the paragraph 4.3) and tier update, transaction and redemption activities, messages from the Pacific Place Mall, Starstreet Precinct and the Programme etc.

2.7 On earning/accumulating Points for the Membership, please refer to Section 4 and Section 5 of these Terms. The Company shall be entitled to deem that the user of the Mobile App or the WeChat Mini Program has the authority to act for the Member in all matters (directly or indirectly) relating to the Programme.

2.8 If, in the Company’s sole opinion, a Member abuses any of the Programme privileges, fails to comply with any of these Terms or makes any misrepresentation to the Company, the Company shall be entitled to terminate the Member’s Membership and/or revoke all the Points that have been earned/accumulated by the Member.

2.9 Members should provide up-to-date contact details, including current email and phone number to ensure that all Programme communications are being sent to the proper address. Members should notify the Company immediately of any change in such contact details. The Company shall not be liable for any potential or actual loss, claims or damages in any form incurred by the Member arising directly or indirectly from the lack of accurate and up-to-date contact details.

2.10 The Programme is available for shoppers only, and not for the benefit of any staff of any Participating Merchants in which the Members’ spending in the Merchant shall be eligible in earning Points as specified under paragraph 5.1 (“Participating Merchants”). Participating Merchants’ staff are not allowed to participate in the Programme. Should any Participating Merchants’ staff present receipts in an attempt to apply for a Membership, or any benefits or entitlements of Programme, we will request the Participating Merchants’ Shop Managers or Participating Merchants’ Marketing Head or Human Resources personnel or equivalent for verification. Once a Member is verified as a staff of any Participating Merchant, the Member will be deemed to have abused the Programme Terms and being subject to the policy specified as under paragraph 2.8.

3. Membership validity, upgrade and renewal

3.1 There are 4 fixed end dates of Membership tier period every calendar year: 31 March, 30 June, 30 September and 31 December. For membership’s upgrade, downgrade, and renewal, please refer to later parts as specified in this session.

For the newly upgraded tier Membership which is in a tier higher than the previous Membership tier, the Membership tier period is valid for the quarter of commencement of your upgraded Membership plus a full 4-calendar-quarter period starting from the quarter END of commencement, i.e., if the date of being upgraded to a higher tier is on 1 October 2022, the current Membership tier will be expired on 31 December 2023.

For renewed tier Membership in the same tier as the previous tier , and/or downgrade to a tier lower than the previous Membership tier, the Membership tier period is valid for a maximum of 4-calendar-quarter period starting from the quarter BEGINNING of commencement of your renewed/downgraded Membership, i.e., if the date of renewal as/downgrade from the previous tier is on 1 October 2022, the current Membership tier will be expired on 30 September 2023.

3.2 above Blue Members will be upgraded to above Gold when the Members have accumulated HK$200,000 annual cumulative spending, which is equal to 200,000 Membership Tier Points (defined as in paragraph 4.1 below), within a Membership tier period as being an above Blue Member.

3.3 Pre-Members and above Blue Members could also be upgrade to above Gold when the Members have spent HK$40,000 within 1 single calendar day. above Blue Members will be upgraded to above Gold by either meeting the criteria as specified under paragraph 3.2 or 3.3, accordingly to whichever criteria is first met according to the Programme’s internal record.

3.4 above Gold Members will be upgraded to above Platinum when the Members have accumulated HK$500,000 annual cumulative spending, which is equal to 500,000 Membership Tier Points, within a Membership tier period as being an above Gold Member.

3.5 In case of any movement of tiers during the Membership tier period, the new Membership tier period will become effective with the Membership validity updated according to the nature of the tier movement as illustrated in the example specified under paragraph 3.1.

3.6 The renewal of Membership for different Membership tiers will be determined by the required Membership Tier Points accumulated within the current Membership tier period.

Pre-member	No renewal requirement.
above Blue	HK$5,000 annual cumulative spending (which equals 5,000 Membership Tier Points) before the end of the currentabove BlueMembership tier period.
above Gold	HK$200,000 annual cumulative spending (which equals 200,000 Membership Tier Points) before the end of the currentabove GoldMembership tier period
above Platinum	HK$500,000 annual cumulative spending (which equals 500,000 Membership Tier Points) before the end of the currentabove PlatinumMembership tier period.
above Black	Renewal of Membership will be decided by the Company at its sole discretion.

3.7 Associated Members

3.7.1 Each above Gold, above Platinum and above Black Member can link his/her account with another member’s account registered under the Programme, regardless of his/her membership tier, as an Associated Member which allow both members to register their eligible receipts (as defined in Section 5.2) with one another.

3.7.2 Members are required to register linkage with Associated Member at Pacific Place Level L2 Concierge, Pavilion on Level L3 (for above Platinum members only), or aboveLounge on Level L4 (for above Black members only) in person. Each abovemember can only link with ONE Associated Member at one time, and the selection of Associated Member can only be amended after 365 days since the effective date of the current linkage.

3.7.3 When registering or uploading a receipt, associated Member can opt for registering all the points earned by the receipt to own account, or Associated Member’s account, which the Redemption Points, Bonus Redemption Points and Membership Tier Points (as defined in Section 4) will be credited to the same account according to the selection at the point of receipt registration. Adjustment cannot be made after the submission of receipts, and receipt(s) uploaded prior to the current linkage with Associated Member cannot be transferred to Associated Member’s account.

3.7.4 The linkage with Associated Member will be temporarily suspended when neither member is eligible to have Associated Member. Resumption takes place when either or both members re-upgrade to above Gold tier or above. During the suspension period, member can only register receipts to his/her own account, until the linkage with Associated Member is reinstated.

3.8 Please contact Pacific Place above Team at 2844 8988 or email to above@pacificplace.com.hk, or visit the Pacific Place Level L2 Concierge Desk for any renewal and upgrade details.

4. Membership Tier Points and Redemption Points

4.1 Membership Tier Point (“Membership Tier Point(s)”), which is equivalent to the annual cumulative spending by the end of the current Membership tier period.

It refers to the points eligible for Membership upgrade or renewal defined in section 3. Membership Tier Points are calculated by spending after enrolling to a Membership tier, i.e. spending accumulated to achieve your most recent tier status is excluded. Furthermore:

The validity of Membership Tier Point is according to as defined in section 3.1, which is always in sync with the Member’s current Membership tier period; and

Membership Tier Point balance will be reset to zero and will not be carried forward to the new Membership tier period.

4.2 Redemption Point (“Redemption Point(s)”), which is commonly referred as the above point(s).

It refers to the points eligible for redeeming Rewards defined in section 6 and is calculated by all approved spending in Member’s account and points rewarded from designated promotion campaigns by Pacific Place. Furthermore:

The Redemption Point’s point cycle will be commenced from the day of Member profile creation until the end of the fourth calendar quarter; Hence, the cycle period is determined by the date of Member profile creation and will not be affected by Membership tier movement in the Programme;

Redemption Points earned from eligible receipts (as defined in section 5.2) and promotion from designated campaign during the point cycle will be valid for redemption of rewards before the point cycle ended; and

Redemption Point balance will be reset to zero and unused Redemption Points will be forfeited and will not be carried forward to the new point cycle.

4.3 The Membership Tier Point and Redemption Point are jointly referred as the Point(s) (“Point(s)”).

5. Earning Points

5.1 Subject to the paragraphs below, each purchase transaction made by the Member at any of the Participating Merchants including restaurants, outlets and shops at Pacific Place Mall, designated merchants at Starstreet Precinct (effective from 1^st April 2023), Maison Kayser at Six Pacific Place (effective from 1^st September 2024), and dining from Salisterra at The Upper House (effective from 1^st October 2021), is eligible to earn Points. Members will be able to earn one Point for every HK$1 spent, while the Company reserves the sole discretion to change or modify the amount of Points to be earned from spending at any time without prior notice. Should there be any decimal place in the payment amount, it will be rounded down to the nearest dollar. Points (only applicable to the Membership Tier Point and basic Redemption Points) will be credited to Member’s account within 7 working days upon registration of eligible receipts. Designated merchants at Starstreet Precinct include:

45R, Artemis & Apollo, Ask for Alonzo, Baked, Blend & Grind, Blue Bottle Coffee, Elephant Grounds, Francis, Giando, Grappa’s, Hana-Musubi, Ichijuissai, Le Garcon Saigon, Le Petite Saigon, Matchali, Monocle, Morty’s Delicatessen, Oolaa Petite, Pici, Plaza Mayor, Pret A Manger, Pure Yoga, Perfumer H, Salvo, The Pizza Project, TMK, Vogue Laundry, WOAW, YNC

5.2 Eligible Receipts

5.2.1 To earn Points, you must present electronic payment receipt(s) and receipt(s) issued by the relevant Participating Merchants and which are Eligible Receipt(s) (as defined under subparagraph 5.2.2 below) at the Pacific Place Level L2 Concierge Desk, Pavilion on Level L3 (only for above Platinum Members) or above Lounge at Level L4 (only for above Black Members), or submit through the Mobile App or the WeChat Mini Program within FOURTEEN (14) days of the purchase date as shown on the receipts.

5.2.2 “Eligible Receipt” means a receipt that:

recording any purchase or spending by a Member at a Participating Merchant which is HK$100 or more, and is settled by electronic payment including credit card, debit card, EPS, Apple Pay, Android Pay, Samsung Pay, Alipay, WeChat Pay, Tap & Go, Octopus card, PayMe or other types of electronic payment as solely accepted by the Programme (the “Eligible Spending”); and

which is in its original form and machine-printed; and

recording payment by the credit cards/debit cards/EPS (Note: The Company reserves the right to request the Member to present the relevant payment card stating the same name as the Member’s name as registered with the Programme for verification purposes); or

recording payment by Apple Pay/Android Pay/Samsung Pay/Alipay/WeChat Pay/Tap & Go/ PayMe etc. (Note: Members are required to present the screenshot of corresponding payment records’ account information matching with that of the account information shown on his/her own mobile device. The Company reserves the right to request the Member to present the relevant payment card stating the same name as the Member’s name as registered with the Programme linked with payment account for verification and points upload purpose).

5.2.3 Each receipt can only be used once to earn the Points, and the amount shown on the receipt cannot be split.

5.2.4 All Eligible Receipts will be stamped upon presentation at the Concierge Desk, Pavilion (only for above Platinum Members) or above Lounge (only for above Black Members). Stamped receipts cannot be used for refund at the relevant shops.

5.3 The following purchases or spending cannot be used to earn Points:

5.3.1 Any purchase or spending settled by cash, cash coupons, gift certificates, membership cards, gift cards (except Pacific Place Gift Card), and stored value cards.

5.3.2 Any purchases of gift cards (including Pacific Place Gift Card), gift certificates, gift vouchers or cash coupons issued by any one, entity or organization. .

5.3.3 Any purchases or spending relating to banking services, telecommunications services, car parking, hotels (including banquets (Private or Corporate functions) at Salisterra; and hotel stay packages covering Salisterra dining from The Upper House), charity donations, exchange or refund receipts, stored-value cards or any value added to stored-value cards, deposits on merchandise and meals, reloading of Octopus Card at any tenants, outlets or shops at One, Two, Five & Six Pacific Place Office Tower.

5.3.4 Tips towards any spending or purchases.

5.3.5 Transactions on Membership fee/Service Plan such as PURE Yoga and Challenger.

5.3.6 Online transaction order from tenants’ website except BVLGARI and Gucci (applicable to delivery to Pacific Place store ONLY).

5.4 Online receipt upload via the Mobile App or the WeChat Mini Program is not available for shops which accept refund:

Pacific Place Mall: COS, ARMANI beauty, Lane Crawford Home, Lululemon, On Running, Saint Laurent, Tiffany & Co., Vilebrequin, Watson’s Wine Cellar, Zara;

Three Pacific Place: Hana-Musubi, Ichijuissai, Pret A Manger;

Starstreet Precinct: Matchali, Monocle, Pure Yoga, Salvo, TMK, The Pizza Project

5.5 In the case of dispute, the Company reserves the right to request the Member to re-submit the receipts or submit further documents or evidence of the spending in relation to an Eligible Receipt for verification. Members should keep the receipts submitted until points have been confirmed.

5.6 When uploading the eligible receipt, member could choose to credit the Membership Tier Points and Redemption Points earned upon receipt approval to own account or his/her Associated Member’s account (if any).

5.7 For the avoidance of doubt, the following receipts shall be considered invalid:

5.7.1 Reprinted or copied or duplicated receipts, standalone credit card receipts, hand-written receipts, or deposit receipts.

5.7.2 Receipts that have been used for registration for above points in any member’s account

5.7.3 Receipts using credit notes, deposit notes, credit vouchers or payments on account in settling payments.

5.7.4 Receipts issued in respect of a transaction that has subsequently been unsettled, refunded, cancelled, falsified, withdrawn or defined as fraudulent

5.7.5 Receipts showing only a payment or deposit or partial payment

5.7.6 Receipts using shopping vouchers/e-vouchers

5.8 The Company reserves the right to awarding Points (which may otherwise be earned from purchases or spending) if the Company suspects such purpose or spending to be fraudulent. In such case, the Company is also entitled to suspend the Member’s Membership for assessment until further notice or terminate such Membership.

5.9 Points have no cash value, and are not exchangeable for cash. Points cannot be sold, purchased, assigned, or transferred, except as specifically provided for in these Terms or as may be permitted by the Company at its sole discretion.

5.10 Terms and conditions on earning Points may be amended by the Company at its sole discretion from time to time and will form parts of these Terms. Please refer to any updated notice to be issued by the Company through various communication channels from time to time.

5.11 The Company may, at its sole determination, deduct from Member's tier Points in the following situations:

5.11.1 Any Points suspected to be fraudulently recorded or earned by Member;

5.11.2 Any Points recorded in error; and

5.11.3 Any Points relating to a transaction which has been cancelled and/or refunded.

6. Redemption of Rewards

6.1 Redemption of Rewards in ‘above’ Dollar

6.1.1 Members can use Redemption Points (above Points) to redeem above Dollar in designated conversion rates based on the member’s membership tier when the transaction takes place. One (1) above Dollar can be used as HK$1 instant cash to be spent in a transaction at designated Participating Merchants.

Conversion rate from Redemption Points to above Dollar of respective membership tiers:

Membership Tier	Redemption Points	'above' Dollar
above Black	60	1
above Platinum	80	1
above Gold	150	1
above Blue	250	1
Pre-member	Inapplicable

6.1.2 The Company is entitled to adjust the above Dollar conversion rate at any time and/or to restrict or limit the amount of above Dollar a member can use for each transaction without any prior notice.

6.1.3 Members shall use at least 10 above Dollar in one (1) single transaction. The conversation rate and the required Redemption Points to redeem above Dollar will be reflected during the checkout process at the Participating Merchants on the Mobile App or the WeChat Mini Program. By continuing with the transaction, members confirm their acceptance of this conversation rate.

6.1.4 To use above Dollar at Participating Merchants, members shall redeem above Dollar via the Mobile App or the WeChat Mini Program and present the QR code (or redemption code) generated for the merchant’s scanning. When the QR code has been successfully scanned and the transaction is completed, the corresponding Redemption Points shall be deducted from the member’s account instantly and reflected in the member’s account.

6.1.5 above Dollar can be used in conjunction with other vouchers, discounts, or promotional offers (including Pacific Place Shopping/ Dining e-Voucher and Pacific Place Gift Card).

6.1.6 The usage of above Dollar is also bound by the individual terms and conditions of Participating Merchants. Please check with the respective merchants for details.

6.1.7 above Dollar redeemed by different member accounts cannot be combined to pay for a single transaction.

6.1.8 If a member does not report error on above Dollar redemption to the Participating Merchants or Pacific Place on the same day of the transaction, it is deemed that he/she agrees with the details of the transaction details (including but not limited to the points used and the above Dollar redeemed) as specified in the Mobile App or the WeChat Mini Program.

6.1.9 Transactions paid partially or fully with above Dollar cannot be cancelled, refunded, voided, and/or reversed under any circumstances or for any reasons. Both the above Dollar amount and balance settled with other payment method (if any) will not be eligible for refund.

6.1.10 above Dollar is non-exchangeable for cash and may not be sold, purchased, or transferred to any other member or individual.

6.1.11 Any amount of payment settled by above Dollar is not eligible for the accumulation of Redemption Points or registration under any promotion programme for any purpose whatsoever.

6.1.12 Members will be responsible for the payment of any amount in addition to the transaction after deducting the above Dollar at the Participating Merchants. Members must not withhold any payment due based upon members’ expectation of receiving future Redemption Points, vouchers or any forms of rewards redeemed by Redemption Points in the Programme. Only approved Redemption Points can be converted to above Dollar and settle the balance of transactions.

6.1.13 Members agree that the records of the Company as to the amount of above Dollar used by the member are final and conclusive.

6.1.14 The Company shall not be liable for the operations of or the goods, services, products, or food items provided by any of the Participating Merchants. Any enquiry or complaint for the goods, services, products, or food items shall be directed to the relevant Participating Merchants.

6.1.15 The Company reserves the right to amend these terms and conditions at any time without prior notice.

6.1.16 In case of any dispute, the Company reserves the right of final decision on all related matters.

6.2 Redemption of Rewards in goods, services and merchant vouchers

6.2.1 Members may use their Redemption Points to redeem goods or services as specified by the Company from time to time (“Reward(s)”), subject to availability on a first-come first-served basis. Requests for redeeming Rewards are subject to the Company’s acceptance. If such request is accepted by the Company, the required Redemption Points will be deducted from the Member's account. Requests will be cancelled automatically in the event of insufficient Redemption Points and/or the Redemption item is no longer available to redeem.

6.2.2 For Rewards in the form of shop-specific vouchers, goods or services including physical and/or digital forms, they shall be collected or used by Members either at the designated redemption counter , Pavilion on Level L3 (only for above Platinum Members)and/or above lounge on Level L4 (only for above Black Members), or at the merchants responsible for the supply of such merchant vouchers, goods or services as stated in the pick-up/actualisation location.

6.2.3 Rewards cannot be exchanged for cash, and requests for redeeming Rewards submitted by Member cannot be revoked or cancelled.

6.2.4 Member can transfer redeemed rewards to his/her associated member through Pacific Place Mobile App or the WeChat Mini Program. The validity period of the reward will not be affected by the transfer.

6.2.5 For Rewards which are issued or supplied by Merchants, the Company shall not be liable for any loss or damage as a result of the use of, or arising from, any such Rewards.

6.2.6 Redemption of the Rewards must be submitted to the Company on or before the date as specified on the Redemption item’s available for redemption period. Collection and utilisation of the Rewards must be done on or before the date as specified on the redemption notification issued by the Company. Any failure on the part of Member to do so for any reason whatsoever will result in the automatic forfeiture of the Reward concerned. For the avoidance of doubt, the Redemption Points used in the redemption of the Reward will not be returned or credited back to the Member notwithstanding the failure to collect and/or utilise the Reward or in the case of Vouchers.

6.2.7 The Company shall not be responsible for the condition of the Reward, the operation of the Reward or any damage, loss or bodily injury arising from usage of the Reward. All queries (including product warranties) regarding the Reward redeemed shall be raised with the relevant Merchant directly. Any dispute concerning the Rewards (quality or otherwise) shall be settled between the Member and the relevant Merchant. The Company shall not be liable for any product warranty or quality issues.

6.2.8 All Rewards are subject to availability and restrictions may apply as to where and when the Rewards may be redeemed. The Company reserves the right, at its sole discretion, to discontinue a Reward or to substitute a similar Reward of equal value at any time without notice prior to that Reward being redeemed.

7. Membership Card, the Mobile App and the WeChat Mini Program

7.1 The Membership Card stored at Pacific Place Mobile App or the WeChat Mini Program (the ‘Membership Card’) is for the sole and exclusive use by the Member. The Member shall not allow or knowingly allow any other person to use the Membership Card (or any related information).

7.2 You acknowledge that there may be a time lag in transmission of instructions, information or communication relating to the Programme.

7.3 You shall act in good faith, exercise reasonable care and diligence in keeping your Membership Card (and its related information).

7.4 You shall be fully responsible for any accidental or unauthorised disclosure of your Membership Card (or any related information) and shall bear the risks of your Membership Card (and any related information) being used by unauthorised persons or for unauthorised purposes.

7.5 Upon notice or suspicion of your Membership Card (or any related information) being disclosed to any unauthorised person or for unauthorised purposes, you should notify the Company in person as soon as practicable (and the Company may ask the Member to confirm in writing on any details given) and, until the Company’s actual receipt of such notification, the Member shall remain responsible for any and all use of the Membership Card by unauthorised persons or for unauthorised purposes.

7.6 The welcome email and account activation email shall be deemed to have been received by you after registration. If you have not received such email, please feel free to contact us at 2844 8988 or email to above@pacificplace.com.hk for assistance.

7.7 None of the Company or any information provider warrants or represents that the Membership Card and related information is free from virus or other destructive features which may adversely affect the Member's devices, including its hardware, software and/or equipment.

8. above Lounge

8.1 Eligible above Black Members can access above Lounge on a complimentary basis with specific allowable quota per respective Programme’s Tiers and Benefits, which may be changed by the Company from time to time at its sole discretion without prior notice. The visit can be accompanied by one guest only. Additional entry will be charged at 30,000 Redemption points for each guest or 40,000 Redemption points for 2 guests (Child below 12 years of age is excluded).

8.2 If one of the two associated members is an above Black member, the associated member can also access above Lounge without the presence of the above Black member.

8.3 Each Member must present a valid Membership Card for access into above Lounge.

9. Pavilion

9.1 Eligible above Black, above Platinum, and above Gold Members can access the Pavilion on a complimentary basis with specific allowable quota per respective Programme’s Tiers and Benefits, which may be changed by the Company from time to time at its sole discretion without prior notice, while all above Members and general shoppers who reach daily spending of HK$100,000 (A maximum of 2 same-day receipts, split receipts will not be accepted) is entitled to a complimentary one-time access to the Pavilion on the day of purchase. The visit can be accompanied by one guest only of the Member. Additional entry will be charged at 30,000 Redemption points for each guest or 40,000 Redemption points for 2 guests (Child below 12 years of age is excluded).

9.2 If one of the two associated members is an above Platinum or above Gold member, the associated member can also share the same usage quota to access Pavilion without the presence of the above Platinum or above Gold member.

9.3 Each Member must present a valid Membership Card for access into the Pavilion.

10. Privacy Policy

10.1 The Company reserves the right to photocopy and/or take photos of the machine-printed receipts and matching electronic payment sales slips, and to store the photocopies and/or photos for recording and verification purposes.

10.2 Personal data and information provided by Members at Membership Registration, Point registration or Rewards redemption relating to the Programme may be used by the Company for administration purpose or other purposes specified in the Personal Information Collection (“PICS”). Terms may be updated, revised and changed from time to time and will take effect immediately upon being posted on www.swireproperties.com/en/privacy-policy.aspx

10.3 We are committed to protecting the privacy of the personal data (“Personal Data”) we hold. To ensure that you can make informed decisions and feel confident about providing your Personal Data to us, we outline our practices and the choices you have concerning the collection and use of your Personal Data in the Data Privacy and Security Policy. Terms may be updated, revised and changed from time to time and will take effect immediately upon being posted on www.swireproperties.com/en/privacy-policy.aspx

10.4 In future, if Members would like to update or change any of their personal data, please send the request through any one of the following channels:

E-mail: above@pacificplace.com.hk

Address: Suite 1801, 18/F, Two Pacific Place, 88 Queensway, Admiralty, Hong Kong

10.5 Each Member has the right to opt-out from receiving direct marketing materials and communications from Pacific Place. Opt-out Requests should be processed in the following manner:

10.5.1 By email, telephone, fax or letter to:

Swire Properties Limited or Pacific Place Marketing and Promotions Team; or

Other staff whose contact information is included in any direct marketing materials issued or managed by SPL portfolios or appointed Data Processors.

10.5.2 By clicking “Unsubscribe” in email sending from Swire Properties Limited or at Pacific Place Mobile App.

10.5.3 By approaching the Pacific Place Concierge, Pavilion on Level L3 (only for above Platinum Members) in and/or above Lounge on Level L4 (only for above Black Members) in person.

11. General

11.1 The Company reserves the right to terminate or suspend the Programme or revise these Terms at any time with or without notice and without having to give any reasons for doing so. The Company may (but shall not be obliged to) give advance notice to Members in the manner it deems appropriate in the event it decides to terminate or suspend the Programme or revise these Terms.

11.2 The Company’s failure to enforce a particular term herein does not constitute a waiver of that term by the Company.

11.3 The Company assumes no responsibility for any claims, losses, costs, expenses or damages of whatever nature resulting from the redemption of Rewards.

11.4 Suspected or actual fraud and/or suspected or actual abuse relating to the accumulation of Points or redemption of Rewards may result in immediate forfeiture of accumulated Points as well as termination of Member's Membership.

11.5 All questions or disputes regarding the eligibility for the Programme or the Points accrual or redemption of Rewards will be determined by the Company at its sole discretion.

11.6 Notices to Members may be sent via email or regular mail or www.pacificplace.com.hk/en/above/happenings may also provide notices on changes to these Terms or other matters.

11.7 These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

11.8 The Company reserves the right to amend these Terms at any time without prior notice.

11.9 These Terms are written in English language and may be translated into other languages. In the event of discrepancies between the English and the translated version of these Terms, the English version shall prevail.

12. Disclaimers

12.1 You agree to bear all risks associated with your participation in the Programme and/or the redemption and use of Rewards. The Company and the Company’s officers, directors, employees, agents, contractors and affiliates (together, “Our Representatives”) make no representations or warranties of any kind (whether express or implied):

12.1.1 on the operation, condition or quality performance of the Programme. We make no representations or warranties that the participation in and/or access to the whole or part(s) of the Programme, Programme materials, contents, information and/or functions contained therein will be provided without interruption, timely, secure and error-free.

12.1.2 on the quality of Rewards items redeemed by Member, including its merchantability, suitability or fitness.

12.1.3 that any of content of the Programme is free of virus or other harmful computer codes or components.

12.2 You will be solely responsible for any damages to your device or loss or data that results from the downloading or use of any materials or contents relating to the Programme.

12.3 Limitation of Liability: In no event shall the Company or Our Representatives be liable to you for any property damage, loss of data, computer, mobile or malfunction or force majeure events or losses or costs or any other forms of direct or indirect, special, incidental, consequential or punitive damages (including but not limited to damages for loss of profits, goodwill, data or other intangible losses even if the Company and its partner(s) have been advised of the possibility of such damage(s)) from any causes of action arising out of or relating to your participation in the Programme and/or the redemption and use of Rewards, whether arising in contract, tort (including without limitation, negligence) or otherwise, as a result of or in connection with your participation in the Programme and/or the redemption and use of Rewards, and you hereby waive any right to make such claims.