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 Company Limited (“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 Carbon Wallet operates and offers each Programme through the App. All Users must read these Terms and Conditions with the "Carbon Wallet Application Terms and Conditions of Use and Services” 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 of this year unless the User redeems them for Coupons (see below) on or before 31 December of this year. CW Points earned from 1 July to 31 December this year will expire on 30 June of next year unless the User redeems them for Coupons on or before 30 June next year. The Reward redemption period must refer to the individual terms and conditions of each Reward. Users automatically forfeit expired CW Points.
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 device and to provide Carbon Wallet with a valid and up-to-date email address in order to receive notices timely. Users will be deemed to have received any notice given by Carbon Wallet immediately after Carbon Wallet sent the notice via push notification, in-app message or the email address provided by the User. Carbon Wallet sends push notification messages 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 must establish and maintain a valid Carbon Wallet Registered Account (“Registered Account”) to participate in the Programmes.
1.7 CW Points have no cash value and are not exchangeable for cash. Users cannot sell, purchase, assign or transfer CW Points, except as specifically provided in these Terms and Conditions or as Carbon Wallet may allow at its 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 Carbon Wallet suspects of being not eligible for earning CW Points.
1.9 Carbon Wallet will decide which Rewards to offer 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 Users can earn CW Points 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 conversions of Carbon Savings from green actions into CW Points in a Users' Registered Account are 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 App. An eligible green action is any single action of recycling 1 or more specified items at a specified Recycling Point. 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 a User submits the record, Carbon Wallet will credit the Carbon Savings and CW Points into the User's Registered Account upon successful verification of submission information. Carbon Wallet will award the User 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. A User can submit each recyclable item only 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 a Recycling (Barcode Scan) Programme
2.3.1 A User can earn bonus CW Points for recycling bottles and other recyclable containers and packaging by scanning the barcode before depositing the container or packaging. The CW Points earned for scanning the barcode of the containers or packaging is in addition to the Carbon Savings and CW Points earned under a Recycling Programme, excluding Smart Bin Recycling Programmes.
2.3.2 A User will select the “Scan Barcode” option in the App and scan the barcode on the product packaging. After scanning the barcode, the products might be identified. Only products identified by the App qualify for this Programme. The next step is to enter the number of those identified products being recycled under “select quantity”. Finally, the User must also use the camera in the App to take and submit 1 photo of all qualifying containers and packaging being recycled by the User. Items can be grouped together for a group photo. Users can submit each recyclable item only once. The User journey in the App is: select “Camera” --> “Scan Barcode” --> show “Products” --> select quantity --> take a photo.
2.3.3 Once a User submits the barcode and photo of each recycled item in the App, and after Carbon Wallet successfully verifies the information submitted, Carbon Wallet will award the CW Points into the User's Registered Account.
2.3.4 Carbon Wallet, at its sole discretion, will determine the amount of bonus CW Points to be awarded for each type of recyclable container or packaging.
2.3.5 Some Programme participants (i.e., merchants, manufacturers, etc.) but not all, may award coupons for recycling their products. The Programme participant and Carbon Wallet, at their sole discretion, will determine the terms and conditions of each coupon which will vary for different products and from time to time. The terms and conditions for each coupon may include the value of the coupon (e.g., a discount on the purchase of a specified product or service, etc.), the location(s) at which the coupon may be redeemed, the expiration date, the cash value of the coupon, the total number of each coupon to be issued by a Programme participant to each User, etc. Each coupon issued to a User under this Programme will be available in the “My Coupon” section of the App.
2.4 Earning CW Points from a Smart Bin Recycling Programme
2.4.1 A User can earn Carbon Savings and CW Points for recycling specified recycling items in smart recycling bins participating in the Programme. Carbon Wallet lists the locations of the smart recycling bins in the App. An eligible green action is any single action of recycling 1 or more specified item in a smart recycling bin that is part in the Programme.
2.4.2 A User will be able to record in the App the type and number of specified recyclable items he or she deposits in a smart recycling bin by scanning a QR code generated by the smart bin and displayed on the bin’s display.
2.4.3 Once the User scans the QR code in the App, Carbon Wallet will award the corresponding Carbon Savings and CW Points into the User's Registered Account upon successful verification of submission information. Users can submit each recyclable item only once.
2.4.4 A User can earn up to a monthly limit of 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!)
2.5 Earning CW Points from Receipt Scanning
2.5.1 To earn Carbon Savings and CW Points from scanning receipts, a user can participate in the following categories of green actions: Green Dining, Plant Milk, and Green Shopping. Only upon submission of the record with a clear photo of the receipt will Carbon Wallet award the corresponding Carbon Savings and CW Points to the User's valid Registered Account upon verification of submission information. To qualify, user must engage in the specific activities described below.
2.5.2 Green Dining: User can earn Carbon Savings and CW Points by having a vegetarian meal in Partnering Restaurants ( refer to Term 2.5.7). An eligible green action is any single transaction of consumption of food and/or beverages in a Partnering Restaurant. The User must then use the “Camera” in the App to take a clear photo of the receipt issued by the Partnering Restaurant and submit the record.
2.5.3 Plant Milk: User can earn Carbon Savings and CW Points by purchasing a plant-based milk beverage in Partnering Stores (refer to Term 2.5.7). An eligible green action is any single transaction of consumption of plant-based milk beverages in a Partnering Store. The User must then use the “Camera” in the App to take a clear photo of the receipt issued by the Partnering Store and submit the record.
2.5.4 Green Shopping: User can earn Carbon Savings and CW Points by making a purchase in a Partnering Store. To qualify for the Green Shopping action, user may need to purchase a specific type of product for some of the Partnering Stores (refer to Term 2.5.7). The User must then use the “Camera” in the App to take a clear photo of the receipt issued by the Partnering Store and submit the record.
2.5.5 Carbon Wallet will accept only an original and valid receipt issued by the Partnering Restaurant or Partnering Store within 7 days from the day of the transaction. Carbon Wallet will accept each printed receipt issued by a Partnering Restaurant or Partnering Store only once for all Programmes. User can submit a maximum of 4 receipts for each type of green action every day. Carbon Wallet will not accept any receipts issued by a third party, such as a delivery partner of the Partnering Restaurant, for the awarding of Carbon Savings and CW Points.
2.5.6 Carbon Wallet will only accept machine-printed receipts that clearly display the name of the Partnering Restaurant or Partnering Store, receipt number, issue date, transaction amount and relevant transaction details. All damaged or modified receipts will be forfeited. Carbon Wallet will not accept any photocopied or handwritten receipts.
2.5.7 “Partnering Restaurants” or “Partnering Stores” means restaurants or merchants participating in the Programme at which a User undertakes a green action. Carbon Wallet can change the list of Partnering Restaurants or Partnering Stores from time to time without prior notice. Users can find the latest updated list in the “Guide” function of the App.
2.6 Earning CW Points from Step Challenge Programme
2.6.1 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 must 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 to satisfy the minimum requirement for this green activity.
2.6.2 Carbon Wallet may impose a minimum and/or a maximum walking distance for rewarding Carbon Savings and CW Points to Users. Carbon Wallet will not award Carbon Savings and CW Points if the User’s walking distance falls short of the minimum limit or is beyond the maximum limit.
2.6.3 Carbon Wallet will round down the walking distance used to reward Carbon Savings and CW Points to the nearest one kilometer.
2.6.4 With permission granted, Carbon Wallet will synchronize the latest step activity data recorded by the User’s mobile device when the User next logs into to the App. Carbon Wallet will use the synchronized data 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 ensurthat his or her step activity data is synchronized with 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.
2.6.5 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.
2.6.6 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.
2.6.7 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.
2.6.8 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”.
2.7 Earning CW Points from Referral of Friends Programme
2.7.1 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 the referred User must enter the unique referral code of the referrer during the registration. Carbon Wallet will not entertain a request for CW Points for a referral after the new User completes his/her registration, except as Carbon Wallet may allow at its sole discretion.
2.7.2 Carbon Wallet will reward Users as a referrer or referee with the corresponding CW Points upon successful registration of the referee.
2.7.3 Carbon Wallet will reward a referee with the corresponding CW Points for each friend’s referral only once during the Programme.
2.8 Earning CW Points from Use of MTR Transportation Services Programme
2.8.1 To be eligible to earn CW Points from an MTR Journey taken using an Octopus card, the User must link their Octopus 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.
2.8.2 Carbon Wallet will award Users 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, Carbon Wallet will reward Users with the designated amount of Carbon Savings and CW Points corresponding to the distances travelled on MTR Journeys.
2.8.3 Carbon Wallet will award each User Carbon Savings and CW Points for distances of up to 300km for all MTR Journeys per month. Carbon Wallet will award only Carbon Savings for MTR Journeys that exceeded the maximum travelling distance limit per month to account for the carbon emissions saved by taking MTR.
2.8.4 The distance of each MTR Journeys will be rounded down to the nearest whole kilometer.
2.8.5 Users can link each Octopus to only 1 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 it has awarded to the User for travel on the MTR system.
2.8.6 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. Carbon Wallet will not award Carbon Savings or CW Point and will not grant Rewards for a User’s MTR trips taken prior to account linking.
2.8.7 Users can earn CW Points from MTR Journeys only if they are earned within the applicable period specified in the App. CW Points will be forfeited if a User fails to collect them within the specified period. Carbon Wallet will not grant forfeited CW Points at the request of a User.
2.8.8 Carbon Wallet will award eligible Carbon Savings and CW Points 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.
2.8.9 Carbon Wallet’s assessment and calculation of the distance travelled on MTR Journeys and the respective carbon savings must be final and binding.
2.8.10 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. Carbon Wallet will not reissue Offers under any circumstances.
2.9 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. Carbon Wallet will not grant CW Points for any activity or action exceeding a specified limit.
2.10 Users must 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.
2.11 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, barcode 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 Users must upload 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.
3. Rewards Redemption
3.1 Carbon Wallet provides the “Rewards” page of the Application and other pages which contain the Reward information (“Rewards page”) 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. Carbon Wallet will not process redemption requests from parties other than the User, including nominees.
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 (for example, to product videos or other information) on the Rewards page. The actual goods and services may vary from what other parties show 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 Carbon Wallet or the respective Programme partner must confirm any required redemption details by the specified deadline because the Reward will become void after the deadline.
3.10 Users cannot exchange redeemed rewards 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. Programme partners may impose blackout periods during which specified Rewards for services may not be available. 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 must show the coupon to the Programme partner or its personnel, who will enter their staff code in the App when the User redeems the Coupon. 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 must follow the instructions 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 User submits the Reward redemption, the redemption will be 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 User will be deemed to have accepted the Product-related Reward 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, Carbon Wallet will inform the User and offered the User 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 A Programme partner and other third parties manufacture or provide all Rewards. 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 a supplier will provide any Service-related Reward with reasonable care and skill.
5.2 Carbon Wallet disclaims all warranties, representations and liability for any Reward actually redeemed or otherwise. Carbon Wallet advises Users 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 to whom Carbon Wallet grants a license 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 a User upon the User’s 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 Carbon Wallet has translated these Terms and Conditions 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 these Terms and Conditions.