Saai2 Ts&Cs
Saai2 by Splitting Colours Jewellery Loyalty Programme
Terms and Conditions
Saai2璽 by Splitting Colours Jewellery Loyalty Programme (“Loyalty Programme”) is managed and operated by Splitting Colours Jewellery (“SCJ”, “we”, or “us”), which is part of SPAVY Strategic Holdings Limited. The Loyalty Programme is governed by the terms and conditions set out herein (“Terms and Conditions”). The Terms and Conditions should be read carefully, particularly as they include limitations and exclusions of liability in favour of SCJ and Partnering Brands.
Unless otherwise defined, these terms should have the following meanings:
Definitions
Defined Terms |
Definitions |
"Award" |
Means any product or service which is offered by SCJ, it affiliates, or Partnering Brands which has been designated by SCJ as being eligible to be obtained by a Member through redemption of Points under these Terms and Conditions. |
"Fraud" |
Means fraud, dishonesty and deceit which includes, but is not limited to:
Knowingly benefiting from the Fraud or Misconduct of another Member or individual. |
"HKD" |
Means Hong Kong dollar, the official currency of the Hong Kong Special Administrative Region of the People’s Republic of China. |
"Member", "you", "your" |
Means any person who is a member of The Loyalty Programme. |
"Membership" |
Means the membership of each Member of The Loyalty Programme. |
"Membership Card" |
Means the digital Membership card of a Member under the Loyalty Programme. |
"Membership Period" |
Means the period commencing on the date that the Member’s Membership account was first opened |
"Misconduct" |
Means wrongdoing and improper behaviour which includes, but is not limited to:
Attempting to obtain Points or Awards by Fraud. |
"Official Website" |
Means www.splittingcolours.com |
"OTP" |
Means an automatically-generated string of characters that authenticates a user for a single transaction or login session. |
"Partnering Brands" |
Means the list of merchants/brands with whom SCJ has made arrangements for Members to redeem Awards, which may be changed by SCJ from time to time. |
"Point" |
Means the unit of measurement of The Loyalty Programme, such Points being credited to Members in connection with products and services purchased or usage of participating services and products as determined by SCJ in its sole discretion. |
"Qualified Spending" |
Means purchases of product(s)/service(s) completed at either SCJ’s Official Website or any of SCJ Location(s), or purchases that are explicitly stated or marketed by SCJ as eligible for Qualified Spending from time to time. Only Qualified Spending made during the Membership Period will be qualified for Points accumulation under the Loyalty Programme. Spending on bespoke projects that involved SCJ-sourced gemstones will be qualified as Qualified Spending for the purpose of Points accumulation under the Loyalty Programme. For the avoidance of doubt, spending on bespoke projects involving client-sourced gemstones shall be excluded from the context of Qualified Spending and hence will NOT be eligible for Points accumulation under the Loyalty Programme. SCJ may identify additional methods for Members to earn Points from time to time. |
"Saai2璽 by Splitting Colours Jewellery Loyalty Programme" |
Means the loyalty programme owned by SPAVY, and operated and managed by SCJ. |
"SCJ Location(s)" |
Means all retail outlets as set out in https://www.splittingcolours.com/pages/locations. The Company has the sole discretion in altering the list of eligible SCJ Location(s) from time to time without prior notice, and is not liable for any change. |
"Status" |
Means the status of a Member based on the four tiers of The Loyalty Programme pursuant to these Terms and Conditions. |
"Status Upgrade Date" |
Means the date on which the Member has accrued the required number of Points to progress to the next immediate Status. |
About the Loyalty Programme
General Conditions
- The Loyalty Programme is managed and operated by SCJ and is governed by the Terms and Conditions.
- The Loyalty Programme is open to individuals aged eighteen (18) or above. By applying to join The Loyalty Programme, you confirm that you aged eighteen (18) or above. No purchase, membership fee or minimum spending will be required for membership registration. Membership is accepted at the sole discretion of SCJ.
- By applying for membership at the Loyalty Programme, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them; you further agree to provide with us your personal data (“Personal Data”, as defined in the Personal Data (Privacy) Ordinance (Cap.486) of Hong Kong), and agree that we may collect and use your Personal Data in accordance with the Terms and Conditions.
- Upon successful registration with the Loyalty Programme, each Member will be issued with a digital Membership Card. The use of this digital Membership Card and the associated benefits is deemed to be acceptance of these Terms and Conditions by the Member to the benefit of SCJ and all Partnering Brands.
- Membership in the Loyalty Programme and Membership Cards are not transferable and may only be used by the Member. Points in the Loyalty Programme shall have no cash value and cannot be exchanged for cash. Misuse of Membership, Membership Card, or programme benefits, including, but not limited to, Fraud and Misconduct, may result in termination or suspension of Membership, or withdrawal of benefits.
- SCJ reserves the right to modify The Loyalty Programme structure, benefits and other features, including these Terms and Conditions, or to terminate The Loyalty Programme, at any time. Although SCJ will use reasonable efforts to notify Members of material changes to The Loyalty Programme and/or to these Terms and Conditions, it is the responsibility of Members to keep themselves up to date in respect of The Loyalty Programme and these Terms and Conditions. Any use of Points by a Member will be deemed as acceptance of any amendment. SCJ and/or Partnering Brands will not be liable for loss or damage resulting from any amendment to The Loyalty Programme or to these Terms and Conditions.
- Members can check their Points and Statuses upon successful registration at the mobile application. Members are responsible for the security of their passwords and SCJ shall not be liable in the event that a Member's password is disclosed, whether intentionally or not, so as to allow a third person access to the Member’s account to make transactions.
- SCJ reserves the right to investigate or audit a Member's account at any time without prior notice to ensure compliance with these Terms and Conditions; any Partnering Brand’s terms and conditions; and any other applicable rules, regulations or terms and conditions. During the course of an investigation or audit, the Member’s account will be temporarily suspended, and the Member will not be permitted to access his/her account nor perform any transactions.
- The sale or barter of Points, Awards or other programme benefits is prohibited and will result in the forfeiture of all Points or Awards and the cancellation of Membership. Violators will be liable for damages suffered or incurred by SCJ and/or Partnering Brands.
Enrolment
- Individuals aged eighteen (18) or above can apply online on the Official Website, or with the assistance of our boutique assistants at any SCJ Location(s), fill in the required information on the registration form provided by SCJ agreeing to these Terms and Conditions. No minimum spending or membership fee will be required for Membership registration for the Loyalty Programme.
- Individuals will be required to provide their valid mobile phone numbers in their applications. An OTP will be sent to the individual’s mobile phone number and the individual must provide such OTP to complete the application.
- Membership of The Loyalty Programme is at the sole discretion of SCJ and SCJ may refuse Membership to any applicant.
- Multiple Memberships are not permitted. Each Member must maintain only one (1) Membership account.
- If an application is successful, the applicant will be issued one Membership Card on the mobile application. Applicants must ensure that the information submitted on the registration form is authentic, accurate, complete, not misleading and without any elements of fraud.
- Members can check their purchase and Points record upon successful registration at the mobile application.
- To the extent permitted by law, we shall not be liable for any claim, demand, liability or action resulting from customer’s/member’s omission, neglect and/or failure to supply us with their updated information, or from the accuracy and completeness of those data.
Qualified Spending, Membership Statuses and Points Accumulation
- Qualified Spending determines the Status of a Member.
- Members may earn Points under the Loyalty Programme either through Qualified Spending with us, or other additional methods to be identified by SCJ from time to time.
- There are four (4) Statuses under the Loyalty Programme, starting from Watermelon, to Indicolite, Paraiba and Paraiba.
- Membership Card must be presented upon transaction to record Qualified Spending or earn Points. Member can register 1 Point for every HKD 7.8 of Qualified Spending.
- Set out below is an overview of the Accumulated Qualified Spending (in HKD) required to upgrade, Entitled rewards and privileges for the four (4) Statuses:
Status |
Accumulated Qualified Spending (in HKD ) to Upgrade |
Entitled Rewards and Privileges |
Watermelon |
Nil |
Upon successful sign-up under the Loyalty Programme, you will be automatically enrolled into the Watermelon Status. As a first-time applicant, you will receive a HKD 200 Gift Voucher at any SCJ Location(s) or Official Website as a welcome gift. The Gift Voucher will be valid for two (2) months and can only be applied towards regular-price merchandise. |
Indicolite |
3,000 |
With an accumulated Qualified Spending of HKD 3,000, your Membership Status will be upgraded from Watermelon to Indicolite. As Member of the Indicolite Status, you will be eligible to receive a Milestone Reward: - HKD 500 Online Gift Voucher on Official Website, and During your birthday month (assuming you had provided your birthday to us during the Membership application), you will enjoy a Birthday Reward: - a one-time 5% off the entire shopping cart on Official Website, valid until end of birthday month, and Members with Indicolite Status are entitled to the exclusive events, promotions, and rewards offered by SCJ; Besides, with a one-off Qualified Spending of HKD 20,000, you will receive an immediate upgrade to Rubellite Status. |
Rubellite |
30,000 |
With a one-off Qualified Spending of HKD 20,000 or accumulated Qualified Spending of HKD 30,000, your Membership Status will be upgraded from Indicolite to Rubellite. As Member of the Rubellite Status, you will be eligible to receive a Milestone Reward: - HKD 2,000 Online Gift Voucher on Official Website, You will be entitled to an annual 5% discount off all regular-priced items in SCJ Location(s) or Official Website. During your birthday month (assuming you had provided your birthday to us during the Membership application, and you become a member one (1) month prior to your birthday), you will enjoy a Birthday Reward: - a one-time 8% off the entire shopping cart on Official Website, valid until end of birthday month, and Members with Rubellite Status are entitled to the exclusive events, promotions, and rewards offered by SCJ; Besides, with a one-off Qualified Spending of HKD 40,000, you will receive an immediate upgrade to Paraiba Status. |
Paraiba |
80,000 |
With a one-off Qualified Spending of HKD 50,000 or accumulated Qualified Spending of HKD 80,000 from the last Status Upgrade Date, your Membership Status will be upgraded from Rubellite to Paraiba. As Member of the Paraiba Status, you will be eligible to receive a Milestone Reward: - HKD 2,500 Online Gift Voucher on Official Website, and You will be entitled to an annual 8% discount off all regular-priced items in SCJ Location(s) or Official Website. During your birthday month (assuming you had provided your birthday to us during the Membership application, and you become a member one (1) month prior to your birthday), you will enjoy a Birthday Reward: - a one-time 12% off the entire shopping cart on Official Website, valid until end of birthday month, and Members with Paraiba Status are entitled to the exclusive events, promotions, and rewards offered by SCJ. |
Member Privileges
- Membership privileges are offered to a Member by the Company and/or Partnering Brands. The Company has the sole discretion to specify and vary the list of Partnering Brands from time to time without prior notice. The Company is not liable for any consequences due to any changes of Partnering Brands. Members may visit any of SCJ Location(s) or our Official Website for the most recent list of membership privileges and eligible Partnering Brands.
- The Company has the sole discretion in determining, changing and/or withdrawing the Membership privileges and the duration for which they are available. Membership privileges offered are subject to these Terms and Conditions, as well as to any specific terms and conditions which may be imposed by the Company and/or any Partnering Brands.
- All purchases of goods and/or services offered by Partnering Brands are made directly by a Member with the relevant Partnering Brands, and the Company has no liability whatsoever related to these purchases.
- Any enquiries, complaints or disputes relating to the food, products and/or services should be directed to the relevant Partnering Brands. Under no circumstance will the Loyalty Programme or the Company entertain any such enquiry or complaint nor will the Loyalty Programme or the Company be a party to any such dispute.
Cessation of Membership
- A Saai2璽 by Splitting Colours Jewellery Loyalty Programme Membership account may be closed if the Membership account has not recorded any activity for a consecutive period of thirty-six (36) months, and any remaining Points, and unused benefit entitlements in the account will be cancelled.
- Members may terminate their Membership at any time by contacting our team by emailing saai2@splittingcolours.com, at which time any outstanding Points and any unused or unclaimed benefits will be cancelled. Under normal circumstances, we will complete the verification and processing of your account termination within no more than sixty (60) calendar days after verifying your identity.
- SCJ may terminate the Membership of a Member, the right of a Member to use his/her digital Membership Card, and the Member’s access to or use of the Loyalty Programme services, facilities and benefits without notice if SCJ believes that a Member commits Misconduct or Fraud, misuses the Loyalty Programme benefits and any Awards, and/or fails to adhere to these Terms and Conditions. In such circumstances, SCJ may cancel all Points and/or Awards redeemed by (as applicable) the Member.
- For the avoidance of doubt, SCJ reserves the right to terminate the duplicate Membership accounts if a Member has opened more than one (1) Membership account and cancel the Points balance in the account and/or redemption of any Awards (as applicable).
- SCJ may also terminate the Membership of a Member at its complete discretion and in such circumstances may provide the Member with as much prior notice as reasonably practicable. Upon expiry of the notice period, all unused Points will be cancelled. SCJ may also terminate or suspend the Member’s right to use the Loyalty Programme Membership facilities, and any benefits and services that the Member may be entitled to.
- Termination of Membership for whatever reason shall be without prejudice to the accrued rights and remedies of SCJ and Partnering Brands and the Member as at the date of termination.
- Upon the death of a Member the Membership account will be closed and all outstanding Points and any unused benefit entitlements in the account will be cancelled.
- Surrender of Membership does not mean withdrawal of consent to use of the Member’s personal data for the purposes of marketing activities. If a Member wishes to withdraw his or her consent to such use, please send an email to saai2@splittingcolours.com or as indicated in the relevant materials.
- If a Member has redeemed awards for himself/herself or others through Fraud then the Member shall without limitation be liable to SCJ or Partnering Brands for the full price of the redeemed award or other products or services obtained together with all costs and damages incurred or suffered by SCJ or Partnering Brands as a result thereof.
Warranties
A Member hereby warrants as follows that (i) the Member shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Official Website, Materials and Services, and that (ii) the Member shall use the Official Website, Materials and Services solely for legal purposes and will not infringe the rights of any third party in using the Official Website, Materials and Services.
Exclusion and Limitation of Liability
- SCJ and/or Partnering Brands shall not be liable to any Member or nominee or companion for any indirect or consequential loss, damage or expense of any kind whatsoever arising out of or in connection with The Loyalty Programme, the provision of any services, the provision or the refusal to provide any benefits, and Awards, whether such loss, damage or expense is caused by negligence or otherwise, and whether SCJ and/or Partnering Brands have any control over the circumstances giving rise to the claim or not.
- Subject to clause 1 of ‘Exclusion and Limitation of Liability’ above and any applicable limitations under the Warsaw Convention, SCJ and/or Partnering Brands liability in contract, tort or otherwise with respect to any claim arising in respect of acts or omissions under The Loyalty Programme including provision and use of Awards, shall be limited to re-crediting the value of the Points redeemed by the Member in connection with which the matter arises.
- SCJ will endeavour to ensure the availability of products and services provided by Partnering Brands but will not be liable for any loss arising from the failure by Partnering Brands to provide such products and services. Where a Member uses the services provided by a Partner, their terms and conditions will apply and SCJ will not be liable for any loss.
- For the avoidance of any doubt, nothing in these conditions shall exclude liability for death or personal injury caused by negligence. All terms expressed or implied by statute or otherwise on the part of SCJ and/or Partnering Brands are hereby excluded to the fullest extent permitted by law.
Miscellaneous
- SCJ reserves the right to amend these Terms and Conditions, including any subsection of these Terms and Conditions applicable to any service provided, at any time without prior notice. Your continued Membership and/or use of any service provided by SCJ will indicate your acceptance of the amendments to the Terms and Conditions.
- Members may incur a tax liability or disclosure obligation through use of Points. SCJ reserves the right to provide any tax authorities with full details of any Members accrual and redemption of Points, on request of a tax authority. SCJ exclude all liability for cooperating with tax authorities in this manner.
- Points and all rights of title to and property in such Points, remains with SCJ at all times and never passes to the Member.
- Risk in respect of theft, or unauthorised or fraudulent redemption associated with Points passes to the Member as soon as Points are accrued in a Member’s account.
- Except as provided in these Terms and Conditions, Points are not transferable in any way, and cannot be bequeathed, devised or otherwise transferred by operation of law.
- The failure by SCJ to exercise or enforce any right herein contained shall not be deemed to be a waiver thereof nor shall it affect SCJ's entitlement to take any subsequent action in respect of that right or of any other right.
- Should any provision of these Terms and Conditions be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
- These Terms and Conditions constitute the entire agreement and understanding of SCJ’s and a Member in respect of The Loyalty Programme and supersede all prior written or oral representations, agreements or understandings between them relating to the subject matter of these Terms and Conditions (including any misrepresentation made by SCJ), other than any fraudulent misrepresentation made by a party to induce the other party to enter into these Terms and Conditions.
- In the event of any inconsistency between the English version of these Terms and Conditions and a version of these Terms and Conditions in another language, the English version shall always prevail.
- Your Personal Data provided will be used by SCJ for which it is collected and for other directly related purposes, including but not limited to direct marketing purposes, services and promotional events or other marketing materials.
- SCJ reserves the right of final decisions in case of any disputes.
Law and Jurisdiction
These terms and conditions are governed and construed in accordance with Hong Kong law. By participating in The Loyalty Programme and using any of the services provided under these Terms and Conditions, each Member submits to the non-exclusive jurisdiction of the courts of Hong Kong in connection with any legal action or dispute that may arise in relation to such participation in The Loyalty Programme.