LOYALTY PROGRAM TERMS AND CONDITIONS

1. INTRODUCTION

We will collect your personal data that receive directly from you as following:

  • 1.1 Welcome to https://www.mogumogu.com (the "Site"). Please read the following Loyalty Program Terms and Conditions (“Loyalty Program Terms and Conditions”) carefully before using this Site or opening a membership account on this Site ("Membership Account") so that you are aware of your legal rights and obligations with respect to the loyalty program (“Loyalty Program”) which is operated by Sappe Public Company Limited ("Sappe”, "we", "us" or "our"). These Loyalty Program Terms and Conditions govern Sappe’s relationship with members of the Loyalty Program (“Member”, “you”, “your” or “yours”), including how Members manage their Membership Accounts, earn, and redeem Loyalty Program points (“Points”). The "Activities" we provide or make available include (a) the Site, (b) the Activities provided by the Site and by Sappe client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application Activities (including, without limitation, any mobile application services) or other materials made available through the Site or its related Activities ("Content"). Any new features added to or augmenting the Activities are also subject to these Loyalty Program Terms and Conditions. These Loyalty Program Terms and Conditions govern your use of Activities on the Site as provided by Sappe. For your own benefit, please read our Terms and Condition before engaging in the activities on this Site.
  • 1.2 Before becoming ours Members, you must read and accept all of these Loyalty Program Terms and Conditions and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
  • 1.3 Sappe reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Activities at any time or upon notice as required by applicable laws. Sappe may release certain Activities or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Sappe may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Activities in its sole discretion and without notice or liability.
  • 1.4 Sappe reserves the right to refuse to provide you access to the Site or Activities or to allow you to open Membership Account for any reason.
  • 1.5 All Loyalty Program benefits, offers, awards and services are subject to availability and may be changed by Sappe at any time without notice. Sappe may terminate the Loyalty Program, in whole or in part, with one (1) month's advance notice to all active Loyalty Members. At Sappe’s sole discretion, Sappe may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Loyalty Members. If the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Award claims will be honored after the conclusion of the notice period. “Awards” mean any and all awards earned by Members in connection with the Loyalty Program. Members are responsible for remaining knowledgeable of the Loyalty Program Terms and Conditions and any change of such Loyalty Program Terms and Conditions. Your continued participation in the Loyalty Program will constitute your acceptance of any such change.

BY USING SAPPE SITE OR OPENING MEMBERSHIP ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THESE LOYALTY PROGRAM TERMS AND CONDITIONS, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR ACTIVITIES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 10, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN MEMBERSHIP ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE MEMBERSHIP ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING MEMBERSHIP ACCOUNT, YOU MUST ACCEPT THE TERMS AND CONDITIONS ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE MEMBERSHIP ACCOUNT OR COMPANY ACTIVITIES USING SUCH MEMBERSHIP ACCOUNT, WHETHER SUCH MEMBERSHIP ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

2. PRIVACY

  • 2.1 Your privacy is very important to us. To better protect your rights, we have provided the Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Sappe collects and uses the information associated with your Membership Account and/or your use of the Activities (the “Member Information”). By using the Activities or providing information on the Site, you:
  • (i) consent to Sappe 's collection, use, disclosure and/or processing of your Content, personal data and Member Information as described in the Privacy Policy;
  • (ii) agree and acknowledge that the proprietary rights of your Member Information are jointly owned by you and Sappe; and
  • (iii) shall not, whether directly or indirectly, disclose your Member Information to any third party, or otherwise allow any third party to access or use your Member Information, without Sappe’s prior written consent.

Any data which may affect the data subject in the same manner, as prescribed by the Personal Data Protection Committee.

3. LIMITED LICENSE

Sappe grants you a limited and revocable license to access and use the Activities subject to the provisions of these Loyalty Program Terms and Conditions. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed on the Site are the property of Sappe and where applicable, third-party proprietors identified in the Site. No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title, or interest therein. By using or accessing the Activities you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Activities, the Site, and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Activities, the Site, or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet Members to this website).

4. SOFTWARE

Any software provided by us to you as part of the Activities is subject to the provisions of these Loyalty Program Terms and Conditions. Sappe reserves all rights to the software not expressly granted by Sappe hereunder. Any third-party scripts or code, linked to or referenced from the Activities, are licensed to you by the third parties that own such scripts or code, not by Sappe.

5. MEMBERSHIP ACCOUNTS AND SECURITY

  • 5.1 Membership in the Loyalty Program is free and available to any individual who: (a) possesses the legal authority to agree to the Loyalty Program Terms and Conditions; (b) resides in a jurisdiction which legally permits participation in the Loyalty Program; (c) provides valid and accurate personal information when enrolling in the Loyalty Program; (d) is not already a member of the Loyalty Program (i.e., does not already have a Membership Account); and (e) has not previously been terminated from the Loyalty Program.
  • 5.2 Members are responsible for reading and understanding the Loyalty Program Terms and Conditions, Membership Account statements, and other communications from Sappe about the Loyalty Program in order to understand his/her rights, responsibilities, and status in the Loyalty Program. If a Member has any questions about the Loyalty Program, the Member should contact e-mail mogumogu_globalteam@sappe.com
  • 5.3 Members are responsible for reading Sappe’s Privacy Policy in order to understand how Sappe collects, uses, and discloses a Member Information. If a Member has any questions about Sappe’s Privacy Policy or its collection, use, or disclosure of a Member’s data, the Member should contact e-mail mogumogu_globalteam@sappe.com
  • 5.4 Our Site requires you to register for Membership Account by selecting a unique Member identification ("Member ID") and password, and by providing certain personal information. If you select a Member ID that Sappe, in its sole discretion, finds offensive or inappropriate, Sappe has the right to suspend or terminate your Membership Account. You may be able to use your Membership Account to gain access to other services, websites, or Activities to which we have enabled access or with which we have tied up or collaborated. Sappe has not reviewed, and assumes no responsibility for any third-party content, functionality, security, Activities, privacy policies, or other practices of those products, websites, or Activities. If you do so, the terms of service for those services, websites, or Activities, including their respective privacy policies, if different from these Loyalty Program Terms and Conditions and/or our Privacy Policy, may also apply to your use of those services, websites, or Activities.
  • 5.5 You agree to (a) keep your password confidential and use only your Member ID and password when logging in, (b) ensure that you log out from your Membership Account at the end of each session on the Site, (c) immediately notify Sappe of any unauthorized use of your Membership Account, Member ID and/or password, and (d) ensure that your Membership Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your Member ID and Membership Account even if such activities or uses were not committed by you. Sappe will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
  • 5.6 You agree that Sappe may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate or suspend your Membership Account and your Member ID, remove or discard from the Site any Content associated with your Membership Account and Member ID, withdraw any subsidies offered to you, cancel or suspend any transactions associated with your Membership Account and Member ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Sappe deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms and Conditions, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior, (d) having multiple Membership Accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) failure to make timely payment of any outstanding amount owed to Sappe, or (g) behavior that is harmful to other Members, third parties, or the business interests of Sappe. Use of Membership Account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Membership Account or your use of the Activities for any reason, Sappe may terminate your Membership Account immediately with or without notice. Sappe will handle your personal data in accordance with our Privacy Policy. In the event of account termination or suspension, your personal data will be retained or deleted as per legal requirements and our data retention policy.
  • 5.7 Members may terminate their Membership Account if they notify Sappe in writing (including via email at mogumogu_globalteam@sappe.com) of their desire to do so. Notwithstanding any such termination, Members remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), and Members must contact Sappe after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Loyalty Program Terms and Conditions. Sappe shall have no liability and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Members waive all claims based on any such action taken by Sappe.
  • 5.8 All Membership Accounts are individual accounts and no joint or shared accounts are permitted even if you reside within the same household. Loyalty Program benefits are non-transferable unless expressly stated otherwise.
  • 5.9 Sappe will comply with all relevant laws and regulations in the execution of these Loyalty Program Terms and Conditions and reserves the right to modify these terms as necessary to ensure legal compliance.

6. TERM OF USE

We use the collected data for various purposes:

  • 6.1 The license for use of this Site and the Activities is effective until terminated. This license will terminate as set forth under these Terms and Conditions or if you fail to comply with any provisions of these Terms and Conditions. In any such event, Sappe may enforce such termination with or without notice to you.
  • 6.2 You agree not to:
  • (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • (b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, anti-money laundering, counter-terrorism, or third party rights;
  • (c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Activities to harm minors in any way;
  • (d) use the Activities or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Activities;
  • (f) remove any proprietary notices from the Site;
  • (g) cause, permit or authorize the modification, creation of derivative works, or translation of the Activities without the express permission of Sappe;
  • (h) use the Activities for the benefit of any third party or any manner not permitted by the licenses granted herein;
  • (i) use the Activities or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
  • (j) open and/or operate multiple Membership Accounts in connection with any conduct that violates either the letter or spirit of these Loyalty Program Terms and Conditions;
  • (k) access this Site, open Membership Account, or otherwise access your Member Membership Account using any non-official Sappe hardware or software, including but not limited to an emulator, simulator, bot or other similar hardware or software;
  • (l) take any action that may undermine the feedback or ratings systems;
  • (m) attempt to decompile, reverse engineer, disassemble or hack the Activities (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Sappe with respect to the Activities and/or data transmitted, processed or stored by Sappe;
  • (n) harvest or collect any information about or regarding other Membership Account holders, including, without limitation, any personal data or information;
  • (o) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • (p) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • (q) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
  • (r) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
  • (s) interfere with, manipulate or disrupt the Activities or servers or networks connected to the Activities or any other Member's use and enjoyment of the Activities, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • (t) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Activities or the servers or networks connected to the Activities;
  • (u) use the Activities to violate the privacy of others or to "stalk" or otherwise harass another;
  • (v) infringe the rights of Sappe, including any intellectual property rights and any passing off of the same thereof;
  • (w) use the Activities to collect or store personal data about other Members in connection with the prohibited conduct and activities set forth above; or
  • (x) direct or encourage another Member to conduct a transaction other than on the Site.
  • 6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Sappe, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent, or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Sappe be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.
  • 6.4 You acknowledge that Sappe and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove, or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, Sappe and its designees shall have the right to remove any Content (i) that violates these Loyalty Program Terms and Conditions; (ii) if we receive a complaint from another Member; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Activities as part of our effort to protect the Activities or our Members, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Sappe or submitted to Sappe on the Site.
  • 6.5 You acknowledge, consent to and agree that Sappe may access, preserve, and/or disclose your Membership Account information, Content, and any other materials or information you provide to us to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Sappe, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Sappe, its Members and/or the public.

7. VIOLATION OF OUR TERMS AND CONDITIONS

  • 7.1 Violations of these terms and conditions may result in a range of actions, including, without limitation, any or all of the following:
  • (a) Limits placed on Membership Account privileges;
  • (b) Membership Account suspension and subsequent termination;
  • (c) Criminal charges; and/or
  • (d) Civil actions, including without limitation a claim for damages and/or interim or injunctive relief.

8. EARNING POINTS AND AWARD REDEMPTION

  • 8.1 You may earn Points from participating the following activities:
  • (a) Code Under Mogu Mogu Cap: Points can be earned by entering the unique code found under the cap of Mogu Mogu bottles. This applies to different pack sizes, including 320ml and 1-liter bottles.
  • (b) Online Games or Activities on the Site: Members can earn Points by participating in online games or activities hosted on the Site.
  • (c) Future Activities: Sappe reserves the right to introduce new ways to earn Points in the future. Details of any new point-earning activities will be communicated to Members through official channels.
  • 8.2 You will earn:
  • 1 Point for each code entered from under the cap of Mogu Mogu bottles (320ml and 1-liter bottles).
  • 3 Points for each code entered from exclusive packs (code found under the box).
  • Points for Future Activities: Points for future activities will be determined and communicated as new activities are introduced.
  • 8.3 Points Expiration Policy
  • 8.3.1 Validity Period: Points earned through the Mogu Mogu loyalty program will be valid for twelve (12) months from the date they are earned.
  • 8.3.2 Expiration Notification: Members will be notified thirty (30) days prior to the expiration of their Points. Notifications will be sent via email or through the Membership Account dashboard on the Site.
  • 8.3.3 Activity Requirement: To keep Points active, Members must engage in point-earning Activities or redeem Points within the 12-month validity period. Failure to do so will result in the expiration of the Points.
  • 8.3.4 Points Expiration: Any Points not used within the 12-month period will automatically expire and be removed from the Membership Account. Expired Points cannot be reinstated or redeemed.
  • 8.3.5 Account Termination: If a Membership Account is terminated for any reason as outlined in Section 5.6, all Points in the Membership Account will be forfeited immediately.
  • 8.3.6 Exceptions: Sappe reserves the right to adjust the points expiration policy at its discretion and will notify members of any changes through official communication channels.
  • 8.4 A Member may redeem full or partial Points to obtain various Awards offered on the Site. A full listing of current Award Redemption options is available on the Site.
  • 8.5 Points and Award redemptions may not be exchanged or redeemed by a Member for cash, prizes or credit.
  • 8.6 Award redemptions believed to have been bartered, sold, exchanged, or issued fraudulently, or issued to someone other than the eligible Member, will be void and will not be honored.

9. EFFECT OF MEMBERSHIP CALCELLATION

  • 9.1 The Points, Awards, and other related benefits are the sole property of Sappe and are not the property of Members. On cancellation of membership in the Loyalty Program for any reason, all unredeemed Points, Awards and other related benefits will be forfeited and a Member will no longer be able to participate in the Loyalty Program. Points, Awards and other related benefits have no cash value and Sappe will not compensate or pay cash for any forfeited or unused Points or Awards.
  • 9.2 If Sappe cancels your Membership Account for any reason, you may not reapply for membership in the Loyalty Program except in very limited circumstances at Sappe’s sole discretion, and any unauthorized Membership Account opened in the Member’s name following cancellation, as well as Points, Awards and other related benefits earned in that Membership Account will be forfeited upon discovery.
  • 9.3 If a Member cancels his/her Membership Account, or if a Membership Account becomes inactive as described in Section 8.3, the Member may reapply for membership in the Loyalty Program at a later date, but no Points, Awards and other related benefits previously forfeited or expired will be reinstated to the Membership Account.

10. MODIFICATION OF LOYALTY PROGRAM

Except as otherwise expressly prohibited or limited by applicable laws, Sappe has the right to change, limit, modify or cancel the Loyalty Program Terms and Conditions and Awards, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Awards. Sappe may, among other things: (i) increase or decrease the number of Points; (ii) withdraw, limit, modify or cancel any Awards; (iii) change program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules governing the use of Awards. In accumulating Points, Members may not rely upon the continued availability of any Award.

11. TERMINATION OF PROGRAM

Sappe may terminate the Loyalty Program with one (1) month's advance notice to all active Loyalty Members. At Sappe’s sole discretion, Sappe may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Members. A Member may not accumulate Points or claim Awards after the termination of the Loyalty Program. If the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Award claims will be honored after the conclusion of the notice period.

12. AWARD SUBJECT TO AVAILABILITY AND MODIFICATION

All Loyalty Program benefits, and Awards are subject to availability and may be changed at any time without notice.

13. ELIGIBILITY TO RECEIVE AWARD

By accepting any Loyalty Program benefits, including, without limitation, any Points or Awards, a Member acknowledges that he/she is responsible for determining whether he/she is eligible to receive such Loyalty Program benefits, Points and Awards under applicable laws, gift policies and incentive policies. Each Member must immediately notify Sappe if he/she is not eligible to receive any Loyalty Program benefits, Points, or Awards at any time.

14. NO SALE NOR TRANSFER

Except as expressly permitted in the Loyalty Program Terms and Conditions, Points, Awards, and other Member benefits may not be sold, bartered or transferred. Any attempted transfer, sale or barter will be void and will be confiscated. Sappe may refuse to honor or recognize any Points, Awards, or Member benefits which Sappe believes may have been transferred, sold or bartered.

15. DISCLAIMER

  • 15.1 You fully understand and agree as follows: All material provided in this Site is “as is” and may contain inaccuracy, in term of content and spelling. You hereby understand and agree that material and data you obtain and use from the Site will be at your own discretion. We reserve the right to modify any errors or omissions on this Site at any time. Thus, any Site materials, details and description of the product and service program shown in the Site may be modified without prior notice.
  • 15.2 By using this Site, please complete your details and personal information for registration process. Moreover, you must set up your own password by yourself, and are responsible for maintaining the confidentiality of your Membership Account and password.
  • 15.3 Sappe makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program.
  • 15.4 Sappe is not responsible for: (a) any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests, Awards or Member benefits; (b) theft or unauthorized redemption of Points or Awards or use of an Award; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Loyalty Program, including, without limitation, any typographical errors, or errors of description. Sappe reserves the right to correct, without notice, any errors.

16. LIMITATION OF LIABILITY

IN NO EVENT WILL SAPPE, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE OPERATION OF THIS LOYALTY PROGRAM.

17. INDEMNITY

You agree to indemnify and hold Sappe (and its employees, directors, suppliers, subsidiaries, joint ventures, and legal partners) against from any claim or demand. Including reasonable attorneys’ fees, from and against all losses, expenses, damages and costs resulting from any violation of these Loyalty Program Terms and Condition or any activity related to your Membership Account due negligent or wrongful conduct.

18. TAXES

Points, Awards, and other Member benefits may be subject to income or other taxes. The Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which the Member earned Points. Sappe will not be liable for any tax liability, duty or other charges in connection with the issuance of Points, Awards, and other Member benefits.

19. INTERPRETATION OF TERM

All interpretations of these Loyalty Program Terms and Conditions regarding membership are at Sappe’s sole discretion, and Sappe’s decisions will be final.

20. GENERAL PROVISIONS

  • 20.1 Entire Agreement. These Loyalty Program Terms and Condition constitute the sole record of the agreement between you and Sappe in relation to your use of the Site. Neither you nor Sappe shall be bound by any expressed or implied representation, warranty, or promise not recorded herein. Unless otherwise specifically stated, this Site terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Sappe in respect of your use of the Site.
  • 20.2 Alteration. Sappe may at any time modify any relevant terms and condition, policies or notices. You acknowledge that by visiting the Site from time to time, you shall become bound to the current version of the relevant terms and condition and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the current version each time you visit the Site.
  • 20.3 Conflict. Where any conflict or contradiction appears between the provisions of this Site’s Loyalty Program Terms and Condition and any other relevant terms and condition, policies or notices, the other relevant terms and condition, policies or notices which relate specifically to a particular section or module of the Site shall prevail in respect of your use of the relevant section or module of the Site.
  • 20.4 Waiver. No indulgence or extension of time which either you or Sappe may grant to the other will constitute a waiver of or, whether by law or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
  • 20.5  Cession. Sappe shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant Loyalty Program Terms and Condition, policies and notices to any third party.
  • 20.6 Severability. All provisions of any relevant Loyalty Program Terms and Condition, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and condition, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non-script and the remaining provisions of any relevant terms and condition, policies and notices shall remain in full force and effect.
  • 20.7  Applicable Laws. Any relevant Loyalty Program Terms and Condition, policies and notices shall be governed by and construed in accordance with the laws of Thailand without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Court of Thailand in respect of any disputes arising in connection with the Site, or any relevant terms and condition, policies and notices or any matter related to or in connection therewith.
  • 20.8 Comments or Questions. If you have any questions, comments or concerns arising from the Site, the privacy policy or any other relevant terms and condition, policies and notices or the way in which we are handling your personal information please contact us via mogumogu_globalteam@sappe.com