Terms and Conditions of CW Points Promotion
A. General Conditions
(a) The Terms and Conditions of CW Points Promotion (“Terms and Conditions”) applies as between the Registered User of Carbon Wallet Mobile App participating in the CW Points Promotion (“Promotion”), and Carbon Wallet, the owner of the Mobile App and organizer of the Promotion. By participating in the Promotion, the User is deemed to agree to fully comply with and be bound by the below Terms and Conditions. If any User does not agree to be bound by these Terms and Conditions, he or she will not be able to participate in the Promotion.
(b) This Promotion is operated and offered via Carbon Wallet Mobile App. The below Terms and Conditions shall be read together with the Terms & Conditions of Use and Services and Personal Information Collection Statement (“PICS”) for Carbon Wallet Mobile App (accessible in Carbon Wallet Mobile App) , where the relevant terms of the Terms & Conditions of 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 shall prevail only insofar as such relate to the operation and requirements of this Promotion, but the provisions of the “Carbon Wallet Application Terms and Conditions of Use and Services” shall prevail and govern in any and all other aspects and circumstances with respect to this Promotion (including but not limited to any issues of intellectual property and other rights, disclaimers, limitation of liability, indemnity, and other related or general/miscellaneous issues).
(c) 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, which must be used to redeem 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, which must be used to redeem Coupons on or before 30 June next year. The Reward redemption period shall refer to individual terms and conditions of each Reward. Expired CW Points will be forfeited automatically.
(d) Carbon Wallet reserves the right to modify the Promotion 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 and/or to these terms and conditions, it is the responsibility of Users to keep themselves up to date in respect of the Promotion and these terms and conditions. Any participation in the Promotion by a User will be deemed as acceptance of any amendment. Carbon Wallet will not be liable for loss or damage resulting from any amendment to CW Points or to these terms and conditions.
(e) Users are required to keep a valid Carbon Wallet Registered Account (“Registered Account”) for the Promotion.
(f) 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 this Terms and Conditions or as may be allowed at Carbon Wallet’s sole discretion.
(g) Carbon Wallet fully reserves the right, at its sole and absolute discretion and decision, to withhold or deduct CW Points earned from green actions or activities that Carbon Wallet suspects are:
(i) Purposefully or intentionally fraudulent, and/or involved in the abuse of any offers
(ii) Transactions that are suspected to be not eligible for earning CW Points
Carbon Wallet can also suspend or disable the User access to Carbon Wallet and suspend its eligibility to further participate in all Carbon Wallet Promotions until further notice.
B. Earning CW Points
(a) CW Points can be earned from specified green actions, friends’ referral 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. The ratio of Carbon Savings to CW Points varies based on the type of green actions and is subject to change without further notice. In some green actions or activities, calculation of Carbon Savings is not applicable or available. CW Points will be rewarded to Users directly.
The calculation of Carbon Savings is for reference only, and shall not imply any liability on Carbon Wallet if such information and any other content in the process of calculation are not complete, correct, accurate or error-free. All conversion of Carbon Savings of green actions into CW Points in Users' Registered Account shall be deemed as final and is not disputable.
(b) Earning CW Points from Recycling
(i) User who wishes to earn Carbon Savings and CW Points from recycling is required to recycle specific recycling items at specific Recycling Points listed in the Mobile App. An eligible green action is any single action of recycling 1 or more specific item in specific Recycling Points. User is then required to use the camera in the Mobile App to take a photo which shows clearly all the recycling items in front of the Recycling Point, and submit the recycling record by inputting the correct type and number of recycling items.
(ii) Once the record is submitted, Carbon Savings and CW Points will be credited into User's valid Registered Account upon successful verification of submission information. User will only be rewarded with 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.
(c) Earning CW Points from Green Dining
(i) 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 Partnering Restaurants. User is then required to use the camera in the Mobile App to take a clear photo of the receipt issued by the Partnering Restaurant and submit the record.
(ii) Once the record is submitted, Carbon Savings and CW Points will be credited into User's valid Registered Account upon successful verification of submission information, regardless of whether the transaction of eligible green dining action is partially/ completely settled by the discount coupons or cash coupons issued by Partnering Restaurants or not. User will only be rewarded with corresponding Carbon Savings and CW Points upon successful submission of a clear photo of the receipt issued by the Partnering Restaurant. Each receipt submission represents having one vegetarian meal.
(iii) Only original and valid receipt issued by the Partnering Restaurant is accepted. Each printed receipt issued by a Partnering Restaurant shall be accepted by Carbon Wallet only once for the Promotion. Only original and valid receipt submitted within 7 days from the day of the meal is accepted. A maximum of 3 receipts within the same transaction date can be submitted. Any receipts issued by third party such as delivery partner of the Partnering Restaurant will not be accepted to earn corresponding Carbon Savings and CW Points.
(iv) 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.
(v) “Partnering Restaurants” means participating restaurants in the Promotion as at the date of such green dining action taken by the User, which could change and be updated by Carbon Wallet from time to time without prior notice. The latest updated list of Partnering Restaurants could be found in Carbon Wallet Mobile App.
(d) Earning CW Points from Step Challenge
(i) To be eligible to earn Carbon Savings and CW Points from Step Challenge, the User must first allow permission for Carbon Wallet to access step activity data from User’s mobile device. User is then required to reach a certain amount of walking distance per week (as specified in the Mobile App) starting from 12am every Sunday to the User’s last log in time to Carbon Wallet in that week.
(ii) 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 for the walking distance falling short of the minimum limit and/or beyond the maximum limit.
(iii) The walking distance used to reward Carbon Savings and CW Points will be rounded down to the nearest one kilometer.
(iv) With permission granted, Carbon Wallet synchronizes latest step activity data from User’s mobile device when the User last log in Carbon Wallet, which will be used to calculate the walking distance for rewarding Carbon Savings and CW Points. In order to earn CW Points from Step Challenge, it is the User’s sole responsibility to ensure his/her step activity data is synchronized with Carbon Wallet’s record by successfully logging in Carbon Wallet with network connection. Carbon Wallet shall not be responsible for any delayed, lost, wrong or unrecognizable data submission due to technical disruption or error, network congestion or any other reason.
(v) Users shall understand that discrepancy may exist across different pedometers on different devices. The number of walking distance recorded by Carbon Wallet and shown in the Home Page of the App shall be conclusive. iOS device will access step activity data from the Health App, provided by Apple built-in accelerometer sensor, to record the number of steps; 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.
(vi) 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, and subject to individual mobile phone setting from different mobile phone manufacturers.
(vii) Users shall understand the content and nature of this Challenge and understand this Challenge requires physical exertion. Users shall also confirm they are medically fit to participate in this Challenge. 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 shall stop immediately if feeling unwell and seek medical assistance.
(viii) Users may wish to discontinue participation in this Challenge at anytime by disabling Carbon Wallet’s access to step activity data in the App or device setting. In the App setting, users may navigate to “Profile”, click “Settings”, and turn off “Track My Step Activity”.
(e) Earning CW Points from Friends’ Referral
(i) To be eligible to earn CW Points from friends’ referral, the User as a referrer must keep a valid Carbon Wallet Registered Account during the Promotion and the User as a referee must be a newly registered user and is required to enter the unique referral code of the referrer during the registration. No request to claim the CW Points after the registration shall be entertained, except as may be allowed at Carbon Wallet’s sole discretion.
(ii) Users as a referrer or referee will be rewarded with corresponding CW Points upon successful registration of the referee.
(iii) Each referee can only enjoy the CW Points of friends’ referral once during the Promotion.
(f) Earning CW Points from using MTR Transportation Services
(i) To be eligible to earn CW Points from MTR Journey taken with Octopus, the User is required to link their Octopus to the registered Carbon Wallet account (“Linked Octopus”) to earn CW Points by taking MTR rides. Upon successful binding, 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 Line and Disneyland Resort lines) (“MTR Journeys”), and fares paid by the Linked Octopus that date onwards would accrue CW Points.
(ii) Users will be rewarded with Carbon Savings and CW Points based on the travelling distance on MTR Journeys. As specified in the App, users will be rewarded with designated amount of Carbon Savings and CW Points correspondent to the prescribed distances travelled on MTR.
(iii) A maximum travelling distance on MTR will be imposed for rewarding Carbon Savings and CW Points to Users. Only Carbon Savings will be added for journeys that exceeded the maximum travelling distance limit for educational purpose.
(iv) The travelling distance of MTR Journeys for rewards will be rounded down to the nearest kilometer.
(v) Each Octopus can only be linked to one registered account. User bears full responsibility for inputting the correct Octopus ID to earn CW Points from MTR Journeys. If User mistakenly inputs the wrong Octopus ID, Carbon Wallet reserves the right to recall all CW Points the User had earned from MTR Journeys.
(vi) The accrual of Carbon Savings and CW Points from MTR Journeys starts from the date the User successfully linked the correct Octopus ID with the registered CW account. Rewards will not be granted for user’s MTR Journeys taken prior to Octopus binding.
(vii) In order to earn CW Points from MTR Journeys, Users are required to collect CW Points earned within a period as specified in the App. CW Points will be forfeited if User fails to collect within the specified period. No forfeited CW Points will be granted manually at User’s request.
(viii) Eligible Carbon Savings and CW Points will be synchronized to user’s registered account within 5 days from the date of travel. This Promotion is not applicable to rides on Airport Express, Light Rail, MTR Bus or High Speed Rail.
(ix) The distance travelled on MTR Journeys and the respective Carbon Savings as assessed and calculated by Carbon Wallet shall be final.
(x) Whether a registered user can join and complete this Promotion is subject to the device model used and network performance. Carbon Wallet will neither guarantee the Promotion will operate smoothly, nor bear any legal responsibility for any Offers that are lost, delayed, not received or not redeemed due to any issues relating to system updates/maintenance, device model, network, technology, hacking, unsuccessful/delayed participation in or operation of the Promotion, and/or any other uncontrollable events.
(g) Carbon Wallet may, from time to time without notice, impose limit on activities or actions to earn CW Points including but not limited to per head, time, or daily limit, etc. No CW Points will be granted to any activity or action exceeding the limit.
(h) Users shall ensure that their mobile device has a stable connection during the upload of receipt, photo-taking, QR code scanning or the participation in the Promotion.
(i) 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 but not limited to unclear photo uploaded, duplicated submission, etc. Carbon Wallet reserves the right to amend the information uploaded by the User for their submission to earn CW Points via the Mobile App from time to time, and Carbon Wallet shall make the final decision in case of any dispute. Users shall bear full responsibility to ensure the information they uploaded or submitted to earn CW Points is accurate and error-free. If the submission is rejected, User may not be able to re-upload or re-submit the information to earn CW Points. In these circumstances, no CW Points will be granted regardless of whether the corresponding green action is eligible or not.
C. Rewards Redemption
(a) The “Rewards” page of Carbon Wallet’s mobile application and other pages which contain the Reward information (“Rewards page”) are provided to Users to enable them to redeem for coupons of certain Rewards including, but not limited to, merchandise, e-vouchers, discount codes, gift cards, tours, etc (“Coupon”).
(b) All CW Points required for Reward redemption must be in the User’s Registered Account at the time of redemption, and the pooling of CW Points from a number of different Users’ Registered Accounts is not permitted.
(c) Redemption requests must be made in the Mobile App by an User through the Rewards page. Redemption requests from parties other than the User, including Nominees, will not be processed.
(d) Carbon Wallet shall make all reasonable efforts to ensure Reward information in the Mobile App is correct. However to the maximum extent permitted by law, Carbon Wallet does not accept any liability if such information and any other content on the redemption Platform are not complete, correct, accurate or error-free.
(e) 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 to adjust the CW Points required for redemption.
(f) Rewards are subject to terms and conditions of the respective Participant and Carbon Wallet, including, and not limited to delivery and return policies, which may be subject to change without prior notice. In case of any dispute, the decision of Carbon Wallet and Participant is final.
(g) Carbon Wallet may provide external links (such as product videos or introduction) on the Rewards page. These links are beyond the control of Carbon Wallet and Carbon Wallet do not make any warranties nor accepts any liability in relation to materials and content contained on external sites.
(h) User warrants that the Reward item(s) are for its own personal use only and not for re-sale purpose.
(i) If certain redemption details need to be confirmed with Carbon Wallet or respective Participants this should be done by the specified deadline, otherwise the Reward will become invalid.
(j) Redeemed rewards cannot be exchanged for other Rewards or cash.
(k) Rewards may carry different validity periods, subject to individual Participant offers. The validity periods are based on Hong Kong time, unless expressly specific otherwise. Some Participants may impose blackout periods for when rewards may be used. Rewards will become invalid if not used within the validity period.
(l) After confirming to redeem a Reward, Users will receive a Coupon which will contain QR code, passcode, or coupon image, or a Store Code Coupon in the Carbon Wallet Mobile App. For Store Code Coupon, the User is required to show the Coupon to the Participant or its personnel for entering the staff code in the Mobile App at the time of usage. Carbon Wallet will not be liable to any loss or damage associated with User's incorrect or improper usage of the Store Coupon Code without validation by the Participant or its personnel. For other forms of Coupons, the User is required to follow the instruction on the Coupon to complete the redemption process.
(m) Upon redemption of free MTR Rides (“Ride Offer”) on Carbon Wallet Mobile App, Users will receive a coupon code and a link to direct users to redeem the Ride Offer on MTR Mobile App. The User is required to follow the instructions on the MTR Mobile App to collect and use the redeemed Reward.
(n) Each Linked Octopus can only carry a maximum of 1 Ride Offer at any time. Once used, the Octopus will become available again to collect subsequent Ride Offer by following the same procedure (if any). Using the same Octopus to collect more than 1 Ride Offer will void the unused Ride Offer. Carbon Wallet will not compensate for the voided Ride Offer.
(o) For certain Coupons, the Coupon will be valid for 24 hours only after User’s confirmation to use the Coupon. Carbon Wallet shall not be responsible for any loss or damage associated with the non-usage or late-usage of a Coupon after the expiry of the 24-hour period.
D. Rewards & Cancellation
(a) 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 D(d) below, the deduction of CW Points from the User’s Registered Account will be non-reversible and non-refundable.
(b) Unless User notifies Participant in writing within 30 days from receipt of the Product-related Reward, the Product-related Reward shall be deemed to have been accepted by the User as being in good condition.
(c) Upon receipt of the Reward, if the Reward is faulty or different in specifications from User’s original redemption order, User should contact Participant in writing within 30 days from receipt of the Reward and if the Reward is faulty or different in specifications from User’s original redemption order, Participant will, at its discretion, arrange for repair, replacement or refund, if applicable.
(d) If Carbon Wallet cancels a redemption order or a Coupon, the User will be informed and be offered a refund of CW Points for that order. Carbon Wallet may offer User a substitute coupon of equal value instead of offering a refund of CW Points.
E. Warranty & Limitation of Liability
(a) All Rewards are manufactured or provided on behalf of Participants and other third parties. Carbon Wallet is neither the supplier nor manufacturer of any Rewards and excludes all liability in respect of (i) the quality, merchantability or fitness for purpose of any product-related Reward; (ii) the quality of any service-related Reward. In particular, Carbon Wallet does not warrant that any service-related Reward will be provided with reasonable care and skill.
(b) Carbon Wallet is not responsible or liable in any way for any warranty provided with a redeemed Reward. Users are advised to contact Participants or suppliers directly should there be any query or dispute concerning the product warranty and maintenance. Prior to redemption, User should take note of product warranty (if available), warranty period and warranty available region/country.
(c) In the case of any dispute relating to Rewards and provided that the User notified Carbon Wallet of such dispute 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 making good the defect or failure by (at Carbon Wallet's discretion) procuring the performance of the service or crediting the User with redeemed CW Points.
F. Definition and Interpretation
(a) In this Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:-
(i) “Application” means any and all versions (including any updates and/or upgrades of any version and/or any beta versions, if any) of Carbon Wallet’s mobile application (currently, tentatively named as “Carbon Wallet”) in any form, format, media and medium (“Mobile 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 exist before or after the Effective Date.
(ii) “CW Points” means the loyalty points awarded to Users in or through the Mobile App.
(iii) “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.
(iv) “Users” means any living person that is licensed by Carbon Wallet to access and use the Application pursuant to the relevant Application User License.
(v) “Participant” means any third party merchants, restaurants, shops and service providers who are collaborating with Carbon Wallet to offer or provide relevant information, products and/or services of the relevant Marketing Subjects on or through the Application to advocate and promote sustainability, environmental protection and green living objectives.
(vi) “Reward” or “Rewards” mean relevant rewards of coupons for eligible transactions and/or activities to be received or redeemed by CW Points of Users in or through the Mobile App, including tangible items for acquisition, attention or consumption (“Product-related Reward”) and intangible items which arise from the output of one or more individuals (“Service-related Reward”), subject to the applicable Rules of Promotion.
(vii) “Warranty” means an agreement with reference to the Product-related Reward which are the subject of a contract of Reward redemption, but collateral to the main purpose of such contract, the breach of which gives rise to a claim of damages, but not to a right to reject the goods and treat the contract as repudiated.
(b) This 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 shall prevail.
(c) The Contracts (Rights of Third Parties) Ordinance shall not apply to the Terms and Conditions herein.