HEAVY DUTY CLUB TERMS AND CONDITIONS

Milwaukee Heavy Duty Club Terms and Conditions

1 About These Terms and Conditions and Information about Us

 1.1 Scope. These terms and conditions (“Terms”) govern the Milwaukee Hong Kong Heavy Duty Club (“Heavy Duty Club”) operated by us.

 1.2 What Heavy Duty Club is. Heavy Duty Club is a loyalty program operated by us at our sole discretion. Through our Heavy Duty Club, we reward and thank our loyal customers for purchasing our products and/or taking certain actions. By becoming a Heavy Duty Club member, you may: -

  (a) earn point(s) (“Point(s)”) by making eligible purchases and/or taking eligible actions;

  (b) redeem product(s), service(s), discount(s), gift(s) and/or voucher(s) (“Reward(s)”) using the Point(s); and/or

  (c) enjoy any other benefit(s) and/or service(s) offered by us.

 1.3 Why you should read these Terms carefully. Please read these Terms carefully before joining our Heavy Duty Club. Please revisit these Terms regularly to understand the terms and conditions that apply to our Heavy Duty Club as they may change from time to time. By participating in our Heavy Duty Club, you agree to be bound by these Terms and any changes or modifications we may make in accordance with Clause 7.1 of these Terms, together with our Privacy Policy, Terms and Conditions of Use and Warranty Terms and Conditions (where applicable).

 1.4 Who we are. We are Techtronic Asia Company Limited (Company Number: 0039085), a limited liability company incorporated in Hong Kong with the registered office at 29/F, Tower 2, Kowloon Commerce Centre, 51 Kwai Cheong Road, Kwai Chung, New Territories, Hong Kong.

2 Heavy Duty Club Membership Eligibility and Overview

 2.1 Eligibility. Our Heavy Duty Club membership is complimentary and is available only to individuals, not to companies, partnerships, associations, groups or other entities. You are eligible to become a Heavy Duty Club member if you are aged at least 18 years or above.

 2.2 Restrictions. You may not have more than one membership or any form of joint membership. We reserve the right to merge or terminate additional or duplicate Heavy Duty Club membership account(s) (“Membership Account(s)”) at any time without prior notice. Our Heavy Duty Club membership is neither transferrable nor assignable, and may only be used by the registered member for his/her personal benefit only. You must not use our Heavy Duty Club membership for any business or commercial purpose. In particular, you must not trade your Point(s) associated with your Membership Account.

 2.3 Refusal of membership. We reserve the right to, at our sole discretion, refuse membership to any person, without giving any reason and without any liability.

3 Heavy Duty Club Enrolment

 3.1 How to apply. You can apply to join our Heavy Duty Club by registering online through our website www.milwaukeetool.com.hk (“Website”). During the online registration, you must create a password (“Password”). After you have filled in all the required information and clicked the “NEXT” button, a one-time password (“OTP”) will be sent to your registered mobile number by SMS. You must enter the OTP to complete the online registration.

 3.2 What you are required to provide. In order to enrol in our Heavy Duty Club, you are required to provide your first name, last name, valid Hong Kong or Macau personal mobile number, and email address. You will have the opportunity to provide us with your date of birth, gender, the trade that you work in, and other information as listed on the “Profile & Preferences” page after signing into your Online Account (as defined in Clause 3.3) (collectively the “Optional Personal Information”); however, the provision of any of the Optional Personal Information is optional.

 3.3 Membership Account(s). Upon successful registration through our Website, you will be assigned an online Membership Account (“Online Account”), with a membership number (“Membership Number”) and an electronic membership card in the form of a quick response (QR) code (“e-Membership Card”). You may log into your Online Account with your registered and verified mobile number or email address, and the Password.

 3.4 Updating personal information. You are solely responsible for maintaining the completeness and accuracy of all the information provided by you to us, and for timely updating the information. You may update your person information on the “Profile & Preferences” page after signing into your Online Account. We shall in no event be liable for any loss or damage of any kind suffered or incurred by you if any of the information provided by you is incomplete, inaccurate, or not current.

 3.5 Confidentiality and security of Membership Number, Online Account and Password. You are solely responsible for maintaining the confidentiality and security of your Membership Number, Online Account and the Password, and are fully responsible for all activities that occur under your Membership Number, Online Account and/or Password. We recommend that you update your Password regularly. Please notify us immediately if there has been any unauthorised use of your Membership Account (including, without limitation, your Online Account).

4 Earning Point(s)

 4.1 How to earn Point(s). Once you have been assigned a Membership Account, you can earn Point(s) by the following means:

 4.2 Additional terms on eligible purchases.

  (a) Qualifying purchases. For your eligible purchase to qualify for earning Point(s), you must be successfully enrolled in our Heavy Duty Club, and either (a) be signed into your Online Account at the time of purchase through our Website or (b) provide your Membership Number or present your e-Membership Card at the time of purchase in any of our Heavy Duty Centers. All Point(s) earned in an eligible purchase will be credited to the only one (1) Membership Account signed into or presented at the time of purchase.

  (b) Exclusions. Eligible purchases exclude discounts (including, without limitation, employee discounts), shipping and delivery fees and charges, repair fees and charge, service fees and charges, and other fees, charges, and/or purchases specified by us from time to time.

  (c) Cancellation or refund. In the event of a cancellation or refund, the Point(s) earned from the relevant product(s) will be deducted from your Membership Account.

  (d) No retrospective claim of Point(s). No Point(s) can be claimed retrospectively if you did not comply with Clause 4.2(a).

 4.3 When Point(s) are credited to the Membership Account. Unless otherwise specified and except for some unforeseen circumstances, Point(s) earned will typically be credited to your Membership Account at the following time:

 4.4 Validity period. All Point(s) credited to your Membership Account in any calendar year will automatically expire and be forfeited at 11:59 p.m. on 31 December of the immediately subsequent calendar year (Hong Kong time). For instance, Point(s) credited on 23 May 2023 will automatically expire at 11:59 p.m. on 31 December 2024 (Hong Kong time).

 4.5 Point(s) is/are non-transferable, non-exchangeable, non-assignable, etc. All Point(s) earned, or any part thereof, is/are not transferrable or exchangeable for any other benefits, including, without limitation, cash or other monetary value, credits, coupons, or complimentary services. All Point(s) earned, or any part thereof, may not be sold, bartered, transferred, or assigned to any other Heavy Duty Club member(s) and/or any other third party.

5 Redeeming Reward(s)

 5.1 Overview. You can redeem Reward(s) using the Point(s) credited to your Membership Account.  The Reward(s) and the Point(s) required to redeem each Reward will be posted on our Website or published through other media (including, without limitation, in-store, marketing communications, and social media) from time to time. The Reward(s) are subject to availability.

 5.2 No combination of Points. You cannot combine the Point(s) in your Membership Account with the Point(s) in other Membership Account(s) to redeem any Reward.

 5.3 No combination of Points and cash or coupon. You cannot combine the Point(s) in your Membership Account with cash or coupon to redeem any Reward.

 5.4 How to redeem Reward(s).

1.       Product(s)/ gift(s). In order to redeem and collect a Reward that is a product or gift, you must do the following:
   1. visit one of our Heavy Duty Centers in person;
   2. sign into your Online Account using your own mobile device or our mobile device;
   3. click the “REDEEM” button for the Reward which you wish to redeem;
   4. ask our staff to enter the relevant passcode; and
   5. ask our staff to scan the QR code generated for the redemption of the Reward;
   6. collect the Reward – you must collect the Reward(s) on the same day when you redeem the Reward(s).
2.       Service(s)/ discount(s)/ voucher(s). In order to redeem and collect a Reward that is a service, discount or voucher, you must do the following:
   
   1. sign into your Online Account using your own mobile device or our mobile device;
   2. click the “REDEEM” button for the Reward which you wish to redeem;
   3. click the “CONFIRM” button to proceed with the redemption of the selected Reward;
   4. collect the Reward.

 5.5 Specific terms and conditions. The collection and/or use of the Reward(s) may be subject to specific terms and conditions which are available at the time of redemption.

 5.6 Reward(s) is/are non-returnable, non-exchangeable, non-transferable, etc. All redeemed Reward(s), or any part thereof, is/are not returnable, transferrable or exchangeable for any other Reward(s) and/or any other benefits, including, without limitation, cash or other monetary value, credits, coupons, or other products or services. Notwithstanding the foregoing, if the redeemed Reward is our own product, you may enjoy our warranty service subject to our Warranty Terms and Conditions. All Reward(s) redeemed is/are for personal use only. You may not sell, barter, transfer or assign any or all of the Reward(s) redeemed to any other Heavy Duty Club member(s) and/or any third party.

6 Referral Program

   6.1 How to participate in Referral Program. As a referrer (“Referrer”), you can find your referral code (“Referral Code”) on the “Profile & Preferences” page after signing into your Online Account. You may share your Referral Code with individuals who are not existing Heavy Duty Club members (“Referee(s)”). A “Successful Referral” occurs when a Referee has successfully registered through the Website as a new Heavy Duty Club member using your Referral Code.

   6.2 Referral Program Rewards.

        (a) Successful Referral rewards. Within one (1) week after a Successful Referral, the Referrer may receive five hundred (500) Points, and the Referee may receive a one hundred Hong Kong Dollars (HK$100) Milwaukee cash coupon (“HK$100 Cash Coupon”).

        (b) First purchase reward. Within one (1) week after the completion of the Referee’s first purchase through our Website or in any of our Heavy Duty Centers, following successful registration as a new Heavy Duty Club member using your Referral Code, provided that the Referee either (a) signed into his/her Online Account at the time of purchase through our Website or (b) provided his/her Membership Number or presented his/her e-Membership Card at the time of purchase in any of our Heavy Duty Centers, the Referrer may receive a HK$100 Cash Coupon.

   6.3 HK$100 Cash Coupon. The use of the HK$100 Cash Coupon is subject to the Terms and Conditions for Milwaukee Heavy Duty Club Cash Coupon. The HK$100 Cash Coupon received, or any part thereof, is not returnable, transferrable or exchangeable for any other Reward(s) and/or any other benefits, including, without limitation, cash or other monetary value, credits, coupons, or other products or services. The HK$100 Cash Coupon received is for personal use only. The Referrer and the Referee may not sell, barter, transfer or assign any or all of the HK$100 Cash Coupon received to any other Heavy Duty Club member(s) and/or any third party.

7 Cancellation, Suspension, Termination or Revocation of Membership

 7.1 Cancellation. You may cancel your membership at any time by emailing us at enquiry@milwaukeetool.com.hk.

 7.2 Inactive Membership Account. If your Membership Account has been inactive for three (3) consecutive years (that is, you have neither logged in to your Online Account, earned any Point(s), nor redeemed any Reward(s), for three (3) consecutive years), we reserve the right, at our sole discretion, to terminate your membership without prior notice and without any liability.

 7.3 Abuse, violation, and illegal activity, etc. Any actual or suspected abuse of our Heavy Duty Club, failure to comply with these Terms, illegal activity, fraud, wilful misconduct, misrepresentation, or other conduct detrimental to us or our interests, including, without limitation, any actual or suspected illegal, fraudulent or other unauthorised use of any Point(s) and/or Reward(s), may result in suspension, termination or revocation of your membership, as determined by us at our sole discretion, without prior notice and without any liability, and without prejudice to any other rights and remedies that we may have. If your membership is terminated or revoked, you may be ineligible for further participation in our Heavy Duty Club.

 7.4 Transferral or deactivation of registered mobile number. Your Membership Account is linked to your registered mobile number which is verified pursuant to Clause 3.1. If we reasonably believe that your registered mobile number has been transferred to a third party, or you have deactivated your registered mobile number, we reserve the right to, at our sole discretion, terminate your membership which is linked to such registered mobile number, without prior notice and without any liability.

 7.5 Consequences of cancellation, termination or revocation of membership. If your membership is cancelled, terminated or revoked for any reason, any and all Point(s) earned that has/have not yet been credited to your Membership Account, any and all Point(s) that is/are credited to your Membership Account but has/have not yet been used, as well as any and all Reward(s) redeemed that has/have not yet been collected, prior to the effective date of cancellation, termination or revocation (as the case may be), will be forfeited, and your access to your Membership Account (including, without limitation, your Online Account) and our Heavy Duty Club will be automatically terminated.

8 Modification and Termination of Heavy Duty Club

 8.1 Our right to modify, suspend, terminate or cancel. We reserve the right to, at our sole discretion and at any time:

  (a) modify these Terms;

  (b) change, modify, suspend, terminate or cancel our Heavy Duty Club and any aspect or feature of it, including, without limitation, the registration process, the mechanism for earning Point(s), the Referral Program, the mechanism for redeeming Reward(s), and the Reward(s) – which may affect the value of Point(s) or Reward(s) already earned or credited and/or the ability to redeem Reward(s).

 8.2 Notification. We will use reasonable endeavours to provide advance notice to you of any material changes to these Terms and/or our Heavy Duty Club, and/or suspension, termination or cancellation of our Heavy Duty Club, by emailing you or posting it/them on our Website or publishing it/them through other media (including, without limitation, in-store, marketing communications, and social media).

 8.3 Acceptance of changes. By continuing to participate in our Heavy Duty Club after we have provided you with the notice pursuant to Clause 8.2, you agree to be bound by the changes. If you disagree with any changes to these Terms and/or our Heavy Duty Club, you may cancel your membership in accordance with Clause 7.1.

 8.4 Consequences of termination or cancellation of Heavy Duty Club. If our Heavy Duty Club is cancelled or terminated for any reason, any and all Point(s) earned that has/have not yet been credited to your Membership Account, any and all Point(s) that is/are credited to your Membership Account but has/have not yet been used, as well as any and all Reward(s) redeemed that has/have not yet been collected, prior to the effective date of cancellation or termination (as the case may be), will be forfeited.

9 Data Privacy and Personalised Offer(s)

 9.1 How we deal with your personal information. We value your privacy. The personal information collected from you in connection with our Heavy Duty Club, including, without limitation, your personal information detailed in Clause 3.2, and the purchase(s) made in connection with your Membership Account, will be used, processed, stored and/or transferred for the purposes of, inter alia, the administration and operation of our Heavy Duty Club, delivery of the associated benefits and services, marketing in connection with our Heavy Duty Club, and internal analysis, and in accordance with our Privacy Policy.

 9.2 Personalised Offer(s). If you have provided your consent, we will use your personal information to inform you of and provide you with personalised and tailored offer(s) and promotion(s) (“Personalised Offer(s)”). Any Personalised Offer will be subject to additional terms and conditions, which will be posted on our Website or otherwise notified to you by us. Any and all Personalised Offer(s) is/are for your personal use only, and cannot be shared with any other Heavy Duty Club member(s) and/or any third party.

10 Disclaimers and Exclusion of Liabilities

 10.1 No representations, warranties or conditions made. To the maximum extent permitted by applicable laws, neither we nor our affiliates make any representations, warranties, or conditions of any kind whatsoever, express or implied, in connection with these Terms, our Heavy Duty Club, or any of the Point(s), Reward(s), other benefits or services, or any information, content or materials associated with our Heavy Duty Club, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

 10.2 Exclusion of liabilities. To the maximum extent permitted by applicable laws, we, our affiliates, and our respective directors, officers, employees and agents, shall not be liable for any damages, losses, costs, expenses, liabilities, injuries, or claims whatsoever, whether direct, indirect, special, punitive, incidental, or consequential, in contract, tort (including negligence), under statute or otherwise, arising out of or in connection with our Heavy Duty Club or any aspect or feature of it, including, without limitation, your registration or participation in our Heavy Duty Club, and any Point(s) or Reward(s).

11 General

 11.1 No third-party rights. Our contract with you is between you and us only. Nobody else has any right to enforce, or enjoy the benefit of, any of these Terms under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) or equivalent legislation in any other applicable jurisdiction.

 11.2 Severance. If for any reason any provision of these Terms shall be held by a court or other authority to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

 11.3 No waiver. Even if we delay in enforcing any provision of these Terms, we can still enforce it later. We may not immediately chase you for not doing something or for doing something that you are not allowed to, but that doesn’t mean that we cannot do it later.

 11.4 Entire agreement. These Terms, together with our Privacy Policy, Terms and Conditions of Use and Warranty Terms and Conditions (where applicable), set out the entire agreement between you and us with respect to our Heavy Duty Club.

 11.5 Language. These Terms are written in English language and may be translated into Traditional Chinese language. In case of any inconsistency or ambiguity between the English and Traditional Chinese versions of these Terms, the English version shall prevail.

 11.6 Governing law. These Terms shall be governed by the laws of Hong Kong.

 11.7 Dispute resolutions. If you have any complaints about us or our Heavy Duty Club, please contact us in accordance with Clause 10.8. We will do our best to resolve any problems you have with us or our Heavy Duty Club. If you are not satisfied with the outcome, you can bring claims against us in the courts of Hong Kong, which shall have the exclusive jurisdiction to resolve any dispute between us arising from these Terms.

 11.8 Contact us. You may contact us by:

  (a) calling us at +852 8101 0100;

  (b) emailing us at enquiry@milwaukeetool.com.hk;

  (c) filing out the Contact Us Form; or

  (d) visiting any of our Milwaukee Tool Heavy Duty Centers.

Effective date: 01 December 2023