MYTOMMY LOYALTY PROGRAM
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS SHALL BE READ IN CONJUNCTION WITH THE INFORMATION ABOUT THE PROGRAM DISPLAYED IN THE RELEVANT STORES (BOTH ONLINE AND OFFLINE), THE DETAILS OF WHICH CAN BE OBTAINED FROM OUR SALES ASSOCIATES. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
WE MAY MAKE CHANGES TO THESE TERMS AND CONDITIONS OVER TIME, SO PLEASE COME BACK AND REVIEW THEM. BY PARTICIPATING IN THE PROGRAM AFTER WE MAKE ANY CHANGES TO THESE TERMS AND CONDITIONS, WITH OR WITHOUT NOTICE FROM US, YOU ARE AGREEING TO BE BOUND BY THE REVISED TERMS AND CONDITIONS.
1. The Program & Enrolment
1.1. This MYTOMMY Loyalty Program (“Program”) is offered at the sole discretion of PVH Asia Limited together with its parent and affiliates (“Tommy Hilfiger”, “we” or “us”).
1.2. By becoming a member of the Program, you (individually and collectively, “you,” “your,” or “Member”) agree that you have read, understood and agree to be bound by these Terms and Conditions (“Terms”) and by any changes or modifications we may make.
1.3. You are required to provide certain personal information as stated in the membership application form (“Form”), which is available in store or on our website at https://hk.tommy.com/ (“Site”) in order to enroll in the Program, including your name, mobile phone number, region of residence. You must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By enrolling in the Program, you agree that any personal data which you provide to Tommy Hilfiger in your application for and use of the Program will be collected, used and stored in accordance with our Personal Information Collection Statement as stated on the Form.
1.4. You must provide requisite personal data (such as name and/or mobile phone number) as requested by Tommy Hilfiger for identity verification in order to enjoy members’ privileges, discount and other exclusive events offered to members under this Program.
2. Eligibility for Membership
2.1. The Program membership consists of: (1) Registered Membership (may be referred to as Blue Tier in marketing communications) and (2) VIP Membership (may be referred to as Red Tier in marketing communications) (individually and collectively, “Membership”).
2.2. Any person reaches the majority age for acquiring full legal rights as is required under the governing law of these Terms (“Legal Age”) may sign up for Registered Membership and become a Registered Member by submitting the information required by Tommy Hilfiger.
2.3. “Qualifying Spend” shall mean any purchase excluding the Excluded Items (as defined below) made in:
(a) any Tommy Hilfiger, Tommy Hilfiger Jeans or Tommy Hilfiger Kids stores in Hong Kong, Macau, Taiwan, Malaysia and Singapore operated by Tommy Hilfiger excluding outlets or discount stores; and
(b) the Tommy Hilfiger online store in the jurisdiction where he/she registered as a Member of the Program,
(individually or collectively, “Designated Stores”).
2.4. Where applicable and depending on the jurisdiction where you registered as a Member of the Program, “Qualifying Spend Accumulation Period” shall mean a period of 6 calendar months or 12 calendar months or such other period of time to be specified by Tommy Hilfiger from time to time calculated from the first month of your Membership where you may accumulate your Qualifying Spend.
2.5. At present, the following items (individually and collectively “Excluded Items”) do not qualify as Qualifying Spend. Tommy Hilfiger may vary the Excluded Items from time to time:
(i) Gift certificates, merchant vouchers or cash coupons issued by Tommy Hilfiger;
(ii) Donations collected by Tommy Hilfiger on behalf of charitable organizations;
(iii) Jewelry, watches, fragrance and other items to be specified by Tommy Hilfiger from time to time (the details of which can be obtained from our sales associates);
(iv) Product items under sales or other promotional offer(s);
(v) Clothing alteration fees and other service fees; and
(vi) Product items offered at outlets, discount stores or any store other than the Designated Stores.
2.6. Any person reaches the Legal Age may become a VIP Member upon making a Qualifying Spend as required in the jurisdiction where he/she registered as a Member of the Program.
2.7. Tommy Hilfiger may vary the eligibility to become a member of the Program from time to time at its sole discretion and final decision.
3. Membership Validity
3.1. A Membership will continue for 12 calendar months or 24 calendar months or such other period of time to be specified by Tommy Hilfiger from time to time depending on the jurisdiction where he/she registered as a Member of the Program, unless and until terminated by Members or Tommy Hilfiger in accordance with these Terms.
3.2. A Membership is renewable upon expiration subject to the terms and conditions to be specified by Tommy Hilfiger from time to time for each jurisdiction where he/she registered as a Member of the Program.
4. Member Privileges
4.1. At present, where applicable and depending on the jurisdiction where he/she registered as a Member of the Program, Members may enjoy the following privileges. Tommy Hilfiger may vary the Members’ privileges from time to time at its sole discretion and final decision:
VIP Members can enjoy 15% VIP discount upon purchase of regular-priced items only in the Designated Stores. The 15% VIP discount cannot be used in the following:
(i) outlets (except for outlets in Singapore where VIP Member can enjoy a 5% discount);
(ii) discount stores;
(iii) purchase of jewelry, watches, fragrance or other items to be specified by Tommy Hilfiger from time to time in Singapore (the details of which can be obtained from our sales associates); and
(iv) purchase of any Excluded Items.
Depending on the jurisdiction where he/she registered as a Member of the Program, VIP Members may also enjoy a 20% birthday discount upon purchase of regular-priced items only during his/her birthday month in the Designated Stores. The 20% birthday discount cannot be used in the following:
(i) outlets;
(ii) purchase of jewelry, watches, fragrance or other items to be specified by Tommy Hilfiger from time to time in Singapore (the details of which can be obtained from our sales associates); and
(iii) purchase of any Excluded Items.
Depending on the jurisdiction where he/she registered as a Member of the Program, Registered Members in Hong Kong, Macau, Singapore and Malaysia may enjoy a 10% birthday discount upon purchase of regular-priced items only during his/her birthday month in the Designated Stores (except Taiwan). The 10% birthday discount cannot be used in the following:
(iv) outlets;
(v) purchase of jewelry, watches, fragrance or other items to be specified by Tommy Hilfiger from time to time in Singapore (the details of which can be obtained from our sales associates); and
(vi) purchase of any Excluded Items.
5. Program Communications
5.1. By enrolling in the Program, you will be automatically subscribed to receive and you consent to receive Program-related communications.
5.2. You may opt-out of receiving Program-related communication at any time by following the instructions provided in our emails and text messages. If you opt-out of Program-related communication, you will no longer receive communication regarding your Membership status or benefits that may be available to you.
5.3. You should provide up-to-date contact details to Tommy Hilfiger to ensure that all communications relating to the Program can be sent to you. You should notify Tommy Hilfiger immediately of any change in your contact details.
6. Disclaimer
6.1. To the maximum extent permitted by applicable law, and subject to section 6.3 below:
(i) We (including our directors, officers, agents, consultants and associates, along with our parents, subsidiaries, affiliates) shall not be liable, whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise, for any (a) access delays or access interruptions to the Program; (b) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (c) loss or damages of any sort incurred as a result of dealings with or the presence of third party links on the Site or Tommy Hilfiger online store; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, Tommy Hilfiger online store including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Program content; or (f) events beyond our reasonable control. We make no representations or warranties that defects or errors will be corrected.
(ii) We (including our directors, officers, agents, consultants and associates, along with our parents, subsidiaries, affiliates) shall not be liable to you for any loss, damage or liability (whether direct, indirect, consequential, economic or otherwise) incurred by you in relation to the Membership, including without limitation: (a) your enrollment on the Program and use of the Program; (b) disclosure and/or use of your Membership details, whether with or without your permission; (c) any revisions to these Terms; or (d) any cancellation, revocation or non-renewal of your Membership or the Program.
6.2. We and any of our agents, contractors (if any) that we may use in the execution and management of this Program do not warrant or represent (either directly or indirectly):
(i) that participation in and/or access to the whole or part(s) of the Program, Program materials, contents, information and/or functions contained therein will be provided uninterrupted, timely, secure and error-free;
(ii) that no computer viruses shall be transmitted or that no damage shall occur to Member's computer system or device as a result of any online activity of the Program.
6.3. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, or any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
7. Indemnification
7.1. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless from and against any and all losses, damages, claims, demands, actions, proceedings, liabilities, judgments, costs and expenses (including all reasonable attorney’s fees and costs) of any nature arising out of or in connection with your participation in and/or use of the Program in violation of any law, rule, regulation or these Terms.
8. Termination and Modification
8.1. The Program and its benefits are offered at our sole discretion. To the maximum extent permitted by law, we may, in our discretion, cancel, modify, restrict or terminate these Terms, the Program and/or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the benefits and/or the ability to use such benefits. By continuing to use the Membership, you agree to be bound by these Terms as revised from time to time.
8.2. We reserve the right to exclude you from the Program or to discontinue your Membership at any time, in our sole discretion. If, in Tommy Hilfiger’s sole opinion, there is any suspected abuse of the Program, failure to follow any Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or unauthorized use of any benefits, we may revoke your Membership and bar you from further participation in the Program at any time with or without prior notice to you. If your Membership is revoked, any benefits and/or Qualifying Spend in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.
8.3. If you decide you no longer want to maintain your Membership, you may cancel your Membership at any time by opting-out of the Program by contacting us at customerservicehk@tommy.com. If you cancel your Membership, you will lose all accumulated Qualifying Spend, benefits and privileges available to Members.
9. Data Access Request
9.1. If you wish to access, modify or request the removal of your personal data held by us, please contact us at customerservicehk@tommy.com.
10. General
10.1. A person who is not a party to these Terms has no right to enforce any terms of these Terms.
10.2. The Membership is non-transferable, it is for personal use only and cannot be used for any commercial or promotional purpose or any other purpose whatsoever unless authorized by Tommy Hilfiger in writing.
10.3. In the event of any dispute, Tommy Hilfiger reserves all rights of final interpretation under applicable laws.
10.4. These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which your Membership is registered.
10.5. In the event of any discrepancy or conflict between different language versions of these Terms, the English version shall prevail.