AG Club Terms & Conditions

2. Membership Application

A. AG Club membership is open to all individuals who are aged 18 or above, except where the membership is prohibited by law from joining or who may only enroll under the supervision of a legal guardian.

B. Subject to above, an individual can join AG Club by filling and submitting the application form in one of the following channels:

i. AG website ( www.adriengagnon.com.hk ) ；

ii. other channels as may be announced by AG Club from time to time.。

C. All membership application is subject to approval by AG Club, which shall exercise sole and absolute discretion. AG Club’s decision shall be final and conclusive. Under no circumstance would any reason for the approval or refusal of application be given.

D. Applications for AG Club membership will not be accepted unless and until:

i. all required information and personal data of the applicant has been provided; and

ii. the applicant has successfully submitted and completed the activation procedure

E. Any application submitted with false or inaccurate information or personal data, will be rejected and/or if membership has been granted, such membership shall be deemed terminated. AG Club shall have the right to claw back, seek redress and/or invalidate benefits paid or to be paid (if any) to such individuals whose memberships are deemed terminated.

F. Except with valid and justified reason, AG Club will not accept any application for membership by previous members whose accounts had been cancelled.

G. Memberships, benefits, gifts, rewards, and services are non-transferable and non-assignable, and may only be used or enjoyed by the individual member to whom such membership, benefits, gifts, rewards, and services have been granted or issued.

H. Each member will be assigned a membership account. Members must keep their account details (including but not limited to passwords, membership numbers, and any identifiers representing their membership) strictly confidential and must not disclose them to any third party. Members bear full responsibility for any use of their account. If a third party conducts transactions using a member’s account, whether or not authorized by the member, AG Club shall bear no liability whatsoever.

I. Each member will be assigned a membership account. Members must keep their account details (including but not limited to passwords, membership numbers, and any identifiers representing their membership) strictly confidential and must not disclose them to any third party. Members bear full responsibility for any use of their account. If a third party conducts transactions using a member’s account, whether or not authorized by the member, AG Club shall bear no liability whatsoever.

3. Tiers of Membership

A. There are 4 tiers of membership (Bronze, Silver, Gold and Platinum), based on the designated eligible spending amount announced by AG Club from time to time (via AG website or otherwise) within the Membership Year (defined below).

B. Upon successful application and activation of membership in AG Club, all users will be immediately granted with the Basic membership. AG Club will start monitoring the points earned by the Member and adjust the membership tier upward or downward by reference to the eligible spending in each Membership Year. Member has to accumulate the necessary annual eligible spending to maintain or upgrade the tier of membership concerned.

C. Membership upgrade and downgrade are automatically handled by the system, based on accumulated eligible spending (excluding purchase of Adrien Gagnon Gift Cards and Vouchers, delivery service charges and any other transactions as may be designated from time to time, whether or not prior notice is given).

D.AG Club has the right to invite any individual to become a member in a particular tier without following the designated spending amount.

E. Unless otherwise stated, the entry criteria can be satisfied only by accumulating eligible spending on the Qualified Products through Authorized Channels (both defined below).

F Once a member is upgraded to any tier above Basic membership, he/she shall be entitled to remain in that tier for 12 months and receive the corresponding tier benefits, regardless of the accumulative eligible spending amount within that period of time. Thereafter, the tier of membership will be re-assessed by reference to the accumulative eligible spending amount during the time he/she stayed in that upgraded tier

G. All tiers of Member’s accumulated eligible spending will be automatically reset to zero without notice at the end of the Membership Year and no compensation will be made.

H. All tier movements are subject to the sole discretion of AG Club. In determining any tier movement in any direction, AG Club may take into account various factors including, but not limited to, points earnings, redemption activities, spending and payment history on qualified products, as well as other data collected, compiled, generated or held by AG Club from time to time.

4. Duration

Subject to clause 7 of these Terms and Conditions, Bronze membership has no time limit. Silver, Gold and Platinum membership however is only valid for 365 days (“Membership Year”). All tiers of member’s accumulated eligible spending will be automatically reset to zero without notice at the end of the Membership Year and no compensation will be made.

5. Points and Benefits Redemption

A. AG Club membership is acquired and held on an individual account basis, all eligible accumulative spending and benefits can only be used solely by the individual concerned.

B.AG Club membership is acquired and held on an individual account basis, all eligible accumulative spending and benefits can only be used solely by the individual concerned.

C. AG Club membership is acquired and held on an individual account basis, all eligible accumulative spending and benefits can only be used solely by the individual concerned.

D. Unless officially announced otherwise, the exchange ratio will be posted on the AG website and the exchanged points will be automatically credited to member’s account.

E. Member records including the accumulated eligible spending amount and reward points are based on the computer records of AG Club, save and except for manifest error.

F. Purchases of Adrien Gagnon Gift Cards and Voucher, delivery service charges and any other transactions as may be designated from time to time, whether or not prior notice is given, do not qualify for any points, accumulative eligible spending or free delivery service.

G. All cancelled transactions and shopping refunds will result in the automatic deduction of points and eligible spending amount obtained from the relevant purchases, including the extra points earned from specific promotions.

H. All points credited to a member’s account can be used by the member but AG Club has the right to make subsequent adjustments to the account without prior notification to rectify any inaccurate entries. AG Club is not responsible for any loss of points due to technological or system problems. The point records of AG Club shall prevail. AG Club will not accept any claim of missing points.

I. AG Club may at anytime deduct any points or eligible spending from any member’s account under the following circumstances:

J. In the event the member has already redeemed/transferred the points which they are not entitled to, AG Club may:

K. All benefits, offers, awards and services of AG Club are subject to availability and will be offered on a first-come, first-served basis (where applicable). While AG Club will use its best endeavours to meet the needs of members with the limited stock/duration/resources available at the time, AG Club reserves the rights to change/substitute the products/services/contractors concerned at any time without notice to the best it can at that time. Members shall be bound by any terms and conditions that may from time to time apply to offers, gifts, rewards, and services.

L. AG Club reserves the right to provide benefits, offers, rewards, and services to members only where AG Club has confirmed that the member’s account is valid and in good standing.

M. Once AG Club has accepted a member’s redemption request, the request may not be altered or cancelled.

N. Benefits, offers, awards and services may not be exchanged for cash or substituted with other items.

6.Personal Data

A. This Clause and the Privacy Statement and Personal Information Collection Statement (“Privacy Statement”) in AG website provide information on the obligations and policies of AG Club in relation to the privacy issues associated with the collection, retention, processing or handling of personal data by AG Club. The Privacy Statement specifically addresses the obligations in respect of the data privacy laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). Throughout these Terms and Conditions, the meaning of the term "personal data" is as defined in the Personal Data (Privacy) Ordinance (“Ordinance”).

B. When applying for membership, members must agree to the Privacy Policy in the AG website. If members have any questions, or wish to access or correct the personal data held by AG Club, they should contact AG Club’s Data Protection Officer:

BY POST: 2 Dai Fu Street, Tai Po Industrial Estate, Hong Kong
BY EMAIL:dpo@ck-lifesciences.com

C. Where AG Club's operations are subject to privacy legislation other than that of Hong Kong, then this Clause shall be applied so far as practicable and consistent with such local legislation. If the collection or processing of a member’s personal data is subject to the laws of another jurisdiction, the member must notify AG Club. AG Club will then consider whether it is able to comply with such laws and take appropriate measures. For further details on the compliance with the Ordinance and any other privacy legislation, please contact the Data Protection Officer at the address set out in the Privacy Statement.

D. Until the cessation of membership, members agree (unless otherwise notified to AG Club), to receive notifications, newsletter, marketing and other nature of information delivered through AG website or AG Club in whatever format through the use of the members’ contact information and geolocation data including notice of gifts, discounts, special offers, benefits and other promotions.

E. Members may withdraw their consent to receive notifications, newsletters, marketing communications, and other promotional information at any time. To opt out, members should follow the unsubscribe instructions included in each communication, adjust their preferences through the AG website or AG Club account settings, or contact AG Club’s Data Protection Officer directly. Upon receipt of such a request, AG Club will cease sending marketing communications to the member, though service-related notices may still be delivered as necessary.

7. Cancellation and Termination

A. A member may terminate his or her membership at any time by giving written notice to AG Club.

B. A membership with AG Club will be cancelled if AG Club thinks just, or if the member has:

C. AG Club shall owe no liability to the members whose accounts are cancelled because of the reasons aforesaid. All unredeemed points and other benefits will be forfeited immediately and the same cannot be reinstated.

D. AG Club may be terminated with advance notice to all active members. All members shall then within the period before the termination consume all the points regardless of the original expiry dates applicable to the points. Any credit balance of points which existed on the date of the termination of AG Club will be deemed forfeited and in respect of which AG Club shall owe no liability to the members or to any other persons.

8. Limitation of Liability

A. AG Club is not responsible for: (a) any loss or misdirection of, or delay in receiving, any membership application, correspondence, redemption requests, or handling the benefits; (b) theft or unauthorized redemption of benefits; (c) any acts or omissions of third parties; or (d) any errors published in relation to the description of the benefits, information about points and its exchange ratio.

B. The benefits that members can receive from or through AG Club may contain products or services supplied by third parties. The acceptance of such services or consumption of those products shall be at the member's own risk and AG Club shall not be liable for any personal injury or property damage suffered by the member.

C. AG Club shall not in any way be liable for any direct, indirect, special, exemplary, punitive, incidental or consequential loss or damage or expense of any kind, whether based on contract, tort or otherwise which arise out of or are in any way connected with AG Club, and whether such loss, damage or expense is caused by negligence or otherwise, and whether AG Club has any control over the circumstances giving rise to the claim or not.

D. AG Club makes no warranties or representations, either expressed or implied with respect to type, quality or fitness of goods or services provided by or through AG Club.

E. Each member of AG Club assumes all the risks of loss in the use of the internet or mobile application whether during or as a result of visiting the AG website and/or third party website(s) inside/linked to the AG website.

F. The maximum liability of AG Club to any member under any circumstances shall be limited to the maximum designated annual spending amount for the member in the Membership Year concerned or the alleged loss suffered by the member concerned, whichever is the smaller.

G. Each member is hereby deemed to have read, understood, and agreed to these Terms and Conditions, and acknowledges that he/she has not relied on any representation, statement, warranty, or guarantee made by AG Club. The member further waives any and all related rights against AG Club (if any).

H.For the avoidance of doubt, nothing in these Terms and Conditions shall exclude liability for death or personal injury caused by negligence, nor shall it exclude or limit any liability that cannot be excluded or limited under applicable law.

I.All disclaimers made by AG Club in this Terms and Conditions shall be equally applicable to VCHK, its affiliates, all directors and staff of AG Club, VCHK and its affiliates.

9. Miscellaneous Provisions

A. Modification. The mode of operation, composition, contents, general administration, and other functions of AG Club, including but not limited to the AG website, membership, designated eligible spending amount, offers, gifts, rewards, services, these Terms and Conditions, participation in programs or arrangements with new or other programs, and the termination of the AG Club, may be changed or modified at any time, for any reason and without the members individually notified. Members are responsible for keeping themselves informed of the latest status of AG Club and these Terms and Conditions. Continued participation in or use of the membership program shall constitute acceptance of such changes or modifications. AG Club shall not be liable for any loss or damage arising from any changes or modifications to the AG Club, including but not limited to amendments to these Terms and Conditions.

B.Taxes. In case the points or other benefits received from or through AG Club are subject to income or other taxes. The member is responsible for paying all such taxes and AG Club will not be liable for any tax liability, duty or other charges in connection with those points or benefits.

C. Interpretation of Terms. The interpretations of these Terms and Conditions and all other terms and conditions applicable to AG Club shall be at AG Club’s sole discretion and decisions which will be final, binding and conclusive. In the event of any dispute in connection with AG Club, AG Club’s decisions will be final, binding and conclusive. In the event of any discrepancy between the English version and any translated version, the English language version will prevail.

D. Waiver. A waiver of breach of any specific term of AG Club will not constitute a waiver of breach of other terms or a waiver of any prior or subsequent breach of the same term. Under no circumstance will there be any waiver from AG Club unless such waiver is explicitly communicated in any official channel.

E. Exclusion. All terms expressed or implied by statute or otherwise are hereby excluded to the fullest extent permitted by law.

F.Exclusion. All terms expressed or implied by statute or otherwise are hereby excluded to the fullest extent permitted by law.

G. Choice of Law and Venue. These Terms and Conditions and all other terms and conditions applicable to AG Club shall be governed by the laws of Hong Kong and any disputes arising out of or related to AG Club will be resolved in private in accordance with HK law through mediation and/or arbitration held within Hong Kong.

10. Agreement to be Bound

By becoming a member of the AG Club, he/she is deemed to have: