Terms and Conditions of CW Points Promotion
1. General Conditions
1.1 These Terms and Conditions of CW Points Promotion Programmes (“Terms and Conditions”) applies as between a Registered User of the Carbon Wallet Mobile App (“App”) participating in a CW Points promotion programme (“Programme”), and Carbon Wallet, the owner of the App and organizer of the Programme. By participating in the Programme, the User is deemed to agree to fully comply with and be bound by these Terms and Conditions. If a User does not agree to be bound by these Terms and Conditions, he or she will not be able to participate in the Programme.
1.2 Each Programme is operated and offered through the App. These Terms and Conditions must be read together with the Terms & Conditions and Personal Information Collection Statement for the App (accessible in the App) (“Use and Services and PICS”), and the relevant terms of the Use and Services and PICS are incorporated into these Terms and Conditions by this reference unless otherwise specifically stated below. In the event of any conflicts, discrepancies, inconsistencies or differences between any provisions in the "Carbon Wallet Application Terms and Conditions of Use and Services” and these Terms and Conditions, the provisions of these Terms and Conditions must prevail only insofar as those provisions relate to the operation and requirements of 1 or more of the Programmes, but the provisions of the “Carbon Wallet Application Terms and Conditions of Use and Services” must prevail and govern in all other aspects and circumstances with respect to a Programme (including any issues of intellectual property and other rights, disclaimers, limitation of liability, and general or miscellaneous issues). These Terms and Conditions must also be read together with the rules, if any, for a Programme detailed in the App (“Programme Rules”; the rules may also be referred to as “How to Earn” and “Details” in the App), and the relevant terms of the Programme Rules are incorporated into these Terms and Conditions by this reference unless otherwise specifically stated below. In the event of any conflicts, discrepancies, inconsistencies or differences between any provisions in the Programme Rules and these Terms and Conditions, the provisions of the Programme Rules must prevail only insofar as those provisions relate to the requirements, time period and limitations of the promotion, but the provisions of these Terms and Conditions must prevail and govern in all other aspects and circumstances with respect to a Programme (including any issues of intellectual property and other rights, disclaimers, limitation of liability, and general or miscellaneous issues).
1.3 There are two expiry dates for CW Points each year, 30 June and 31 December. CW Points earned from 1 January to 30 June this year will expire on 31 December this year unless they are redeemed for Coupons (see below) on or before 31 December this year. CW Points earned from 1 July to 31 December this year will expire on 30 June next year unless they are redeemed for Coupons on or before 30 June next year. The Reward redemption period must refer to the individual terms and conditions of each Reward. Expired CW Points will be forfeited automatically.
1.4 Carbon Wallet reserves the right to modify, suspend or discontinue any Programme or its structure, benefits and other features, including these Terms and Conditions, or to terminate CW Points, at any time. Although Carbon Wallet will use reasonable efforts to notify Users of material changes to CW Points, these Terms and Conditions or both, it is the responsibility of Users to keep themselves up to date in respect of each Programme and its terms and conditions. Any participation in a Programme by a User will be deemed as acceptance of any amendment of its terms and conditions, these Terms and Conditions and to CW Points. Carbon Wallet will not be liable for loss or damage resulting from any amendment to or variation of CW Points, a Programme or to these terms and conditions.
1.5 If necessary, Carbon Wallet will contact Users using push notification, in-app message, email or some combination of them. Users should never respond to any messages or phone calls that appear to be from Carbon Wallet asking Users to provide his or her account or security details. It is the User’s responsibility to ensure that push notification for the App has been enabled in the User’s mobile and to provide Carbon Wallet with a valid and up-to-date email address in order to receive notices timely. Users will be considered having received any notice given by Carbon Wallet immediately after the notice has been sent via push notification, in-app message or the email address provided by the User. Push notification messages are sent to Users' mobile devices through third-party messaging services. Any delay or failure in delivering the notifications due to the third-party messaging services is beyond Carbon Wallet’s control. Carbon Wallet must not be liable for any loss or for any other consequences suffered or incurred by Users in relation to the delay or failure in receiving the notifications.
1.6 Users are required to keep a valid Carbon Wallet Registered Account (“Registered Account”) for the Programmes.
1.7 CW Points have no cash value and are not exchangeable for cash. CW Points cannot be sold, purchased, assigned, or transferred, except as specifically provided in these Terms and Conditions or as may be allowed at Carbon Wallet’s sole discretion.
1.8 Carbon Wallet fully reserves the right, at its sole and absolute discretion and decision, to not award CW Points or to withhold or deduct CW Points credited to a User’s account for green actions or activities that Carbon Wallet suspects are:
1.8.1 Purposefully or intentionally fraudulent, and/or involved in the abuse of any offers or Programme terms of conditions; and
1.8.2 Transactions that are suspected of being not eligible for earning CW Points.
1.9 Carbon Wallet will decide which Rewards are offered and may change the list of Rewards over time. Carbon Wallet makes no guarantees that a Reward offered will be available.
1.10 To the maximum extent permitted by law, Carbon Wallet hereby disclaims all liability, obligations and representations made to you or to any third parties.
1.11 Carbon Wallet reserves the right to suspend or disable a User’s access to the App and suspend a User’s eligibility for further participation in any or all Programmes until further notice.
2. Earning CW Points
2.1 CW Points can be earned from specified green actions, referral of friends and featured challenges shown in the App. Users can earn CW Points based on the Carbon Savings of each successfully completed green action. CW Points rewarded will be rounded up to the nearest integer. For some green actions or activities, calculation of Carbon Savings is not applicable or available. CW Points will be rewarded to Users using other metrics.
The calculation of Carbon Savings is for reference only and Carbon Wallet disclaims all liability arising from claims that such information and any other content developed in the process of calculating the Carbon Savings are not complete, correct, accurate or error-free. All conversion of Carbon Savings of green actions into CW Points in a Users' Registered Account must be deemed as final and not subject to dispute.
2.2 Earning CW Points from a Recycling Programme (Not Smart Bin)
2.2.1 Users may earn Carbon Savings and CW Points by recycling specified items at specific Recycling Points listed in the Mobile App. An eligible green action is any single action of recycling 1 or more specified items at a specified Recycling Points. Under certain recycling Programmes, the User is then required to use the camera in the App to take a photo which shows clearly all the recycling items in front of the Recycling Point and then submit the recycling record by inputting into the App the correct type and number of recycling items.
2.2.2 Once the record is submitted, Carbon Savings and CW Points will be credited into the User's Registered Account upon successful verification of submission information. A User will only be awarded the corresponding Carbon Savings and CW Points upon successful submission of a clear photo of all the recycling items and submission of correct type and number of recycling items. Each recyclable item can only be submitted once.
2.2.3 A User can earn up to 2,000 CW Points per month for all recycling Programmes (i.e., the aggregated total). Upon reaching the 2,000 CW Points monthly limit, a User can only earn additional Carbon Savings, but no extra CW Points from any recycling Programmes until the next month. (We encourage you to continue recycling!)
2.3 Earning CW Points from the Green Dining Programme
2.3.1 A User who wishes to earn Carbon Savings and CW Points from green dining is required to have a vegetarian meal in Partnering Restaurants (see below). An eligible green action is any single action of consumption of food and/or beverages in a Partnering Restaurants. The User is then required to use the camera in the App to take a clear photo of the receipt issued by the Partnering Restaurant and submit the record.
2.3.2 Only upon submission of the record with a clear photo of the receipt will the corresponding Carbon Savings and CW Points will be awarded to the User's valid Registered Account upon verification of submission information. The Carbon Savings and CW Points will be awarded even if the bill for the eligible green dining is partially or completely settled by the discount coupons or cash coupons issued by the Partnering Restaurant. Each receipt submission will count as 1 vegetarian meal.
2.3.3 Only an original and valid receipt issued by the Partnering Restaurant within 7 days from the day of the meal will be accepted. Each printed receipt issued by a Partnering Restaurant will be accepted by Carbon Wallet only once for all Programmes. A User can submit a maximum of 3 receipts for the same transaction date. Any receipts issued by a third party, such as a delivery partner of the Partnering Restaurant, will not be accepted to earn Carbon Savings and CW Points.
2.3.4 Only machine printed dining receipts clearly showing the name of the Partnering Restaurant, receipt number, issue date and dining record will be accepted. All damaged or modified receipts will be forfeited. Any photocopied or handwritten receipts will not be accepted.
2.3.5 “Partnering Restaurants” means restaurants participating in the Programme when the green dining action is taken by the User. Carbon Wallet can change the list of Partnering Restaurants from time to time without prior notice. The latest updated list of Partnering Restaurants can be found in the App.
2.4 Earning CW Points from Step Challenge Programme
2.4.1 To be eligible to earn Carbon Savings and CW Points from the Step Challenge Programme, the User must first allow permission for Carbon Wallet to access step activity data from the User’s mobile device. The User is then required to reach a certain amount of walking distance per week (as specified in the App) starting from 12am every Sunday to the time of the User’s last log to the App for that week.
2.4.2 A minimum and/or a maximum walking distance may be imposed for rewarding Carbon Savings and CW Points to Users. No Carbon Savings and CW Points will be rewarded if the User’s walking distance falls short of the minimum limit and/or is beyond the maximum limit.
2.4.3 The walking distance used to reward Carbon Savings and CW Points will be rounded down to the nearest one kilometer.
2.4.4 With permission granted, Carbon Wallet synchronizes latest step activity data from the User’s mobile device during the User’s last log in to the App, which will be used to calculate the walking distance for rewarding Carbon Savings and CW Points. In order to earn CW Points from the Step Challenge Programme, it is the User’s sole responsibility to ensure his or her step activity data is synchronized with Carbon Wallet’s record by successfully logging in to the App with a network connection. Carbon Wallet must not be responsible for any delayed, lost, wrong or unrecognizable data submission due to technical disruption or error, network congestion or any other reason.
2.4.5 Users should understand that discrepancies may exist across different pedometers on different devices. The walking distance recorded by Carbon Wallet and shown in the Home Page of the App must be conclusive. An iOS device will access step activity data from the Health App, provided by Apple built-in accelerometer sensor, to record the number of steps. An Android device will access step activity data from the Google Fit App, provided by built-in step counter or accelerometer sensor to record the number of steps. Any other third-party pedometers will not be accepted.
2.4.6 The pedometer function only supports iPhones running iOS 9.0 or later versions, and Android mobile phones with built-in pedometers and running operating system 5.0 or later versions. The pedometer function is subject to individual mobile phone settings from different mobile phone manufacturers. The supported mobile phone operating systems and pedometer application specification are subject to change.
2.4.7 Users should understand the content and nature of this Challenge Programme and understand this Challenge requires physical exertion. Users must confirm they are medically fit to participate in this Challenge and to consult with their doctor, as appropriate, before participating. Carbon Wallet recommends all Users shall pay attention to their personal health condition and suitability for participating in this Challenge. Users participating in this Challenge should stop immediately if feeling unwell and seek medical assistance.
2.4.8 Users may wish to discontinue participation in this Challenge Programme at any time by disabling the App’s access to step activity data in the linked pedometer application or by using the applicable device setting. In the App, users may navigate to “Profile”, click “Settings”, and turn off “Track My Step Activity”.
2.5 Earning CW Points from Referral of Friends Programme
2.5.1 To be eligible to earn CW Points from the referral of friends, the User as a referrer must keep a Registered Account during the Programme and the referred User must be a newly registered user and is required to enter the unique referral code of the referrer during the registration. Carbon Wallet will not entertain a request for CW Points after the registration of the new User has been completed, except as may be allowed at Carbon Wallet’s sole discretion.
2.5.2 Users as a referrer or referee will be rewarded with the corresponding CW Points upon successful registration of the referee.
2.5.3 A referee will be rewarded with the corresponding CW Points for each friend’s referral only once during the Programme.
2.6 Earning CW Points from Use of MTR Transportation Services Programme
2.6.1 To be eligible to earn CW Points from an MTR Journey taken using an Octopus card, the User is required to link their Octopus card to their registered Carbon Wallet account (“Linked Octopus”) to earn CW Points by taking MTR rides. Upon successful linking, the carbon savings generated from the journeys taken on MTR’s 9 main commuter lines (Kwun Tong, Tsuen Wan, Island, South Island, Tung Chung, Tseung Kwan O, East Rail, Tuen Ma and Disneyland Resort lines) (“MTR Journeys”), and fares paid by the Linked Octopus from that date onwards will accrue CW Points.
2.6.2 Users will be rewarded with Carbon Savings and CW Points based on the travelling distance of MTR Journeys. As specified in the App and subject to these Terms and Conditions, Users will be rewarded with the designated amount of Carbon Savings and CW Points corresponding to the distances travelled on MTR Journeys.
2.6.3 Each User will be awarded Carbon Savings and CW Points for distances of up to 300km for all MTR Journeys per month. Only Carbon Savings will be added for MTR Journeys that exceeded the maximum travelling distance limit per month to account for the carbon emissions saved by taking MTR.
2.6.4 The distance of each MTR Journeys will be rounded down to the nearest whole kilometer.
2.6.5 Each Octopus card can only be linked to one registered account. The User bears full responsibility for inputting the correct Octopus ID number to earn CW Points from MTR Journeys. If the User mistakenly inputs the wrong Octopus ID number, Carbon Wallet reserves the right to cancel all CW Points the User had been awarded for travel on the MTR system.
2.6.6 The accrual of Carbon Savings and CW Points from MTR Journeys starts from the date the User successfully links the correct Octopus ID number with the registered CW account. Rewards will not be granted for a User’s MTR trips taken prior to account linking.
2.6.7 In order to earn CW Points from MTR Journeys, Users are required to collect CW Points earned within a period of time as specified in the App. CW Points will be forfeited if a User fails to collect them within the specified period. No forfeited CW Points will be granted manually at the request of a User.
2.6.8 Eligible Carbon Savings and CW Points will be awarded to the User’s registered account within 5 days from the date of travel. This Programme is not applicable to rides on Airport Express, Light Rail, MTR Bus or High-Speed Rail.
2.6.9 Carbon Wallet’s assessment and calculation of the distance travelled on MTR Journeys and the respective carbon savings must be final and binding.
2.6.10 Whether a registered user can join and complete this Programme is subject to the device model used and network performance. Carbon Wallet does not guarantee that the Programme will operate smoothly and without error. Carbon Wallet hereby disclaims all liability for any Offers that are lost, delayed, not received or not redeemed due to any issues relating to system updates or maintenance, device model, failure of networks and other technology to perform properly, hacking, unsuccessful or delayed participation in or operation of the Programme, any events beyond the control of Carbon Wallet, or any combination of these factors. Offers will not be reissued under any circumstances.
2.7 Carbon Wallet may, from time to time and without notice, impose limits on activities or actions to earn CW Points, including per head, time or daily limit limits. No CW Points will be granted for any activity or action exceeding a specified limit.
2.8 Users shall ensure that their mobile device has a stable connection during the upload of receipts, photo-taking, QR code scanning or other participation in the Programme.
2.9 Carbon Wallet reserves the full and final right and discretion in deciding whether to grant or not grant any CW Points to Users with respect to any dubious or faulty receipts, photos taken, QR code scanned and data, including the uploading of an unclear photo or a duplicate submission. Carbon Wallet reserves the right to amend (from time to time) the information which must be uploaded by the User for their submission to earn CW Points via the App, and Carbon Wallet should make the final decision in case of any dispute. Each User must bear full responsibility to ensure the information she or he uploaded or submitted to earn CW Points is accurate and error-free. If the submission is rejected, the User will not be able to re-submit or upload the information again to earn CW Points. In these circumstances, no CW Points will be granted regardless of whether the corresponding Programme action would otherwise be eligible.
3. Rewards Redemption
3.1 The “Rewards” page of the Application and other pages which contain the Reward information (“Rewards page”) are provided to Users to enable them to redeem CW Points for coupons for certain Rewards, including merchandise, e-vouchers, discount codes, gift cards and tours (“Coupon”).
3.2 All CW Points required for the redemption of a Reward must be in the User’s Registered Account at the time of redemption. The pooling of CW Points from a number of different Users’ Registered Accounts and the transfer of CW Points from 1 User’s Registered Account to the Registered Account of another User are not permitted.
3.3 A User must make redemption requests in the App through the Rewards page. Redemption requests from parties other than the User, including nominees, will not be processed.
3.4 Carbon Wallet will make reasonable efforts to ensure the Reward information in the App is correct. However, to the maximum extent permitted by law, Carbon Wallet disclaims all liability if such information and any other content on the redemption Platform is not complete, correct, accurate or error-free.
3.5 All Rewards are subject to availability and Carbon Wallet may, at any time and without advance notice, withdraw, limit, modify, cancel or increase the availability of such Rewards or adjust the number of CW Points required for redemption.
3.6 Rewards are subject to the terms and conditions of the respective Programme partner and Carbon Wallet, including delivery and return policies, which may be subject to change without prior notice. In case of any dispute, the decision of Carbon Wallet and the respective Programme partner, as applicable, is final.
3.7 Carbon Wallet may provide external links (to product videos or other information) on the Rewards page. The actual goods and services may vary from what is shown in the materials and content displayed on the linked pages. These links and the content provided on them are not under the control of Carbon Wallet and Carbon Wallet does not make any representations or warranties and disclaims all liability concerning or related to the materials and content provided on external sites or by third parties.
3.8 The User warrants that the Reward item(s) are for her or his own personal use only and not for the purpose of re-sale.
3.9 Any redemption details which need to be confirmed with or by Carbon Wallet or the respective Programme partner should be done by the specified deadline because the Reward will become void after the deadline.
3.10 Redeemed rewards cannot be exchanged for other Rewards or cash.
3.11 Rewards may carry different validity periods (or periods of availability), subject to the terms of specific Reward offer made by a Programme partner and the terms and conditions of the applicable Programme. The validity periods are based on Hong Kong time, unless expressly specified otherwise. Some Programme partners may impose blackout periods for when specified Rewards may be used. A Reward will become void and will no longer be available if not used within its validity period.
3.12 After confirming the redemption of a Reward, the User will receive a Coupon which will contain a QR code, passcode or coupon image, or a store code coupon in the App. For store code coupons, the User is required to show the coupon to the Programme partner or its personnel who will enter their staff code in the App when the Coupon is redeemed. Carbon Wallet disclaims all liability for any loss or damage associated with or arising from the User's incorrect or improper usage of a store code coupon without validation by the Programme partner or its personnel. For other forms of Coupons, the User is required to follow the instruction on the Coupon to complete the redemption process.
3.13 For redemption of free MTR Rides, the User bears full responsibility for inputting the correct MTR Mobile User ID number in the App to receive the Coupon in the MTR Mobile App within 2 days. The User is required to follow the instruction on the MTR Mobile App to collect and use the redeemed Reward.
3.14 For certain Coupons, the Coupon will be valid for only 24 hours after the User’s confirmation to use the Coupon. Carbon Wallet disclaims all liability arising from claims that a User is unable to use or redeem a Coupon after expiry of the 24-hour period.
4. Rewards & Cancellation
4.1 Once the Reward redemption has been placed, the redemption will be considered final and cannot be amended or cancelled by the User and, subject to clause 4.4 below, the deduction of the corresponding number of CW Points from the User’s Registered Account will be irrevocable and non-refundable.
4.2 Unless the User notifies the Programme partner in writing within 30 days from receipt of a Product-related Reward of a problem with its condition, the Product-related Reward should be deemed to have been accepted by the User as being in good condition.
4.3 Upon receipt of a Product-related Reward, if the Reward is faulty or materially different in specifications from the User’s original Reward redemption order, the User should notify the Programme partner in writing within 30 days from receipt of the Reward that the Reward is faulty or materially differs from the specifications of the User’s original Reward redemption order. The Programme partner will, at its discretion, arrange for repair, replacement or a refund, as applicable. A refund, if any, may not be in the form of cash and may be the reinstatement of the number of CW Points originally redeemed for the Reward.
4.4 If Carbon Wallet cancels a redemption order or a Coupon, the User will be informed and be offered a reinstatement of the CW Points redeemed for that order. Carbon Wallet may offer the User a substitute Coupon of equal value instead of offering a reinstatement of the redeemed CW Points.
5. Warranty & Limitation of Liability
5.1 All Rewards are manufactured or provided by a Programme partner and other third parties. Carbon Wallet is neither the supplier nor manufacturer of any Rewards and disclaims all liability arising from or related to: (i) the quality, merchantability or fitness for purpose of any Product-related Reward; and (ii) the quality of any Service-related Reward. Carbon Wallet does not warrant that any Service-related Reward will be provided with reasonable care and skill.
5.2 Carbon Wallet disclaims all warranties, representations and liability for any Reward actually redeemed or otherwise. Users are advised to contact the applicable Programme partner or suppliers directly should there be any query or dispute concerning the product warranty and maintenance. Prior to redemption, the User should take note of the product warranty (if available), warranty period and any territorial restrictions or variations on any warranty available from the applicable Programme partner.
5.3 In the case of any dispute relating to Rewards and provided that the User notified Carbon Wallet of such disputed claims within 30 days of receipt of the Reward, the sole liability of Carbon Wallet in respect of any defect in or failure of any Product- or Service-related Reward or for any loss, injury or damage attributable, directly or indirectly, is limited to (at Carbon Wallet's sole discretion) and capped at (i) making good the defect or procuring the satisfactory performance of the service, as applicable, or (ii) reinstating in the User’s Registered Account the number of CW Points redeemed for that Reward.
6. Definition and Interpretation
6.1 In these Terms and Conditions, unless the context otherwise requires, the following words and expressions should have the following meanings:
6.1.1 “Application” means any and all versions (including, if any, updates, upgrades, beta versions or any combination of them) of Carbon Wallet’s mobile application (titled “Carbon Wallet”) in any form, format, media and medium (“App”), and any and all websites, micro-sites, software, computer programs, systems and any other online, digital, electronic and/or interactive platforms thereof (including front-end and back-end systems), and any and all Derivative Works created therefrom or thereof, whether conceived or existing before or after the date of these Terms and Conditions.
6.1.2 “CW Points” means the loyalty points awarded to Users in or through the App.
6.1.3 “Derivative Works” means any work created from, based on or derived from the existing works (or any of them) concerned, including modifications, improvements, compilations, annotations and translations.
6.1.4 “Users” means any living person that is licensed by Carbon Wallet to access and use the Application pursuant to the relevant Application User License and the Use and Services and PICS.
6.1.5 “Programme partner” means any third-party merchants, restaurants, shops and service provider who is collaborating with Carbon Wallet to offer or provide relevant information, products, services or any combination of them by participating in 1 or more Programmes on or through the Application. The intent of the collaboration is to advocate for and promote sustainability, environmental protection and green living objectives.
6.1.6 “Reward” or “Rewards” mean the awarding of coupons for eligible transactions and/or activities to be received by Users upon the redemption of the appropriate number of CW Points in or through the Application. A Reward may include tangible items (a “Product-related Reward”) and intangible items which arise from the output of 1 or more individuals (a “Service-related Reward”). All Rewards are subject to the applicable Programme terms and conditions and Programme Rules (if any).
6.1.7 “Warranty” means a provision or clause of an agreement between a User and a Programme partner entered into as part of a Reward redemption, the breach of which gives rise to a claim of damages, but not a right to reject the goods and treat the contract as repudiated or void.
6.2 These Terms and Conditions have been translated into Traditional Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version must prevail.
6.3 In these Terms and Conditions, references to the words “include” and “including” are to be construed as illustrative and without limitation and the use of the words “must” or “should” in relation to an action, consideration or measure indicates that it is a mandatory requirement.
6.4 The Contracts (Rights of Third Parties) Ordinance (Cap. 623, Laws of Hong Kong) must not apply to the Terms and Conditions herein.