Matsumotokiyoshi (Taiwan) Limited Terms and Conditions of Loyalty Program for Members
When a member participates in the Program set forth below, the member is regarded as having consented to the provisions set forth in these terms and conditions (the "Terms and Conditions").
Article 1 (Purpose)
These Terms and Conditions set forth the conditions of the "loyalty program" (the "Program") of Matsumotokiyoshi (Taiwan) Limited (the "Company") under which members are entitled to redeem points awarded to them under certain conditions prescribed by the Company for certain goods, etc. provided by the Company.
Article 2 (Members/Enrollment)
A member is a person who desires to be enrolled as a member, and applies for a membership, of the Taiwan Matsumotokiyoshi Loyalty Program and whose enrollment is accepted by the Company.
A person who desires to be enrolled as a member is required to register his/her name, address, telephone number, date of birth, gender, email address, and certain other information upon consenting to these Terms and Conditions.
When a person who desires to be enrolled as a member is found to fall under any of the following items, the Company may reject to enroll such person as a member. Also, if a person who has already been enrolled as a member is found to fall under any of the following items, the Company may cancel such enrollment:
when the person is already enrolled as a member;
when the person's membership was canceled in the past due to violation of these Terms and Conditions or for other reason;
when any of the matters registered at the time of application for enrollment is found to be incorrect;
when the person is found to have conducted an act against these Terms and Conditions; or
when the Company determines that the person is not appropriate for membership.
Members are required to be those residing in Taiwan and capable of evidencing their address in Taiwan. Members may not be enrolled with an address outside Taiwan.
Article 3 (Services of the Program)
1. The services of the Program are as follows:
i. When a member purchases goods that have been designated to grant points, certain points ("Points") are granted, provided that confirmation of the number of Points may take a few days. The services that grant Points are as follows:
(1) purchase of goods or services at the store (except for certain goods and services);
(2) use of services that are designated by the Company to grant Points; and
(3) winning Points in a campaign.
ii. The criteria for granting Points are as follows:
When a member uses a designated service, 1 Point is granted for every X Taiwan dollars of purchase (after discount and excluding taxes), unless the rate at which the Points are granted is altered for a campaign or other event.
iii. Members are entitled to redeem Points for goods, etc. provided by the Company in accordance with the number of Points; provided that the number of points redeemable shall be as prescribed by the Company.
2. When a member falls under any of the following items, that member may not be able to participate in the Program:
i. when the member fails to present the Application before settling the payment for purchasing goods;
ii. when the member purchases goods that do not grant Points;
iii. when it is found that the member has assigned or loaned the Application to a third party and such third party
has used the Application of the relevant member;
iv. when an Application that has been lost is used; or
v. when any other unauthorized use is found.
Article 4 (Suspension of Program)
In any of the following events, the Company may temporarily discontinue or suspend the services of the Program in whole or in part without notifying the same to the members. In such case, the Company shall not be liable for any disadvantage or loss incurred by the members:
i. when the maintenance or checking, etc. of devices or systems, etc. necessary for the implementation of the Program is conducted;
ii. when it becomes difficult to implement the Program due to natural disaster or other force majeure event; or
iii. when it becomes necessary to temporarily discontinue the Program due to operational or other similar issues or when the Company considers that it is difficult to continue the Program due to an unexpected occurrence.
Article 5 (Processing of Personal Information)
1. The Company collects the following information of the members ("Membership Information") through the Program:
i. email address;
ii. telephone/cell phone number;
iv. date of birth;
v. zip code;
vi. address; and
2. The Company uses Membership Information for the following purposes:
i. for advertising business by sending trade magazines and printed matters; and
ii. for marketing analysis and products development.
3. When the Company uses Membership Information for the purpose set forth in item (ii) of the preceding paragraph, the Company provides the results of the analysis of Membership Information to a third party in a form that is incapable of identifying an individual.
4. The Company uses Membership Information within Taiwan; provided, however, that in any of the following cases, the Company may transfer the information outside Taiwan and provide such information or the results of analysis thereof to the Company's group companies or other third party in a form that is incapable of identifying an individual:
i. when the member's consent is obtained in advance;
ii. when the Company outsources services upon executing a confidentiality agreement with respect to personal information; or
iii. when it is required under the Personal Information Protection Act of Taiwan.
5. Regardless of the preceding paragraph, the Company may provide Membership Information to MatsukiyoCocokara & Co. and its affiliates, a Japanese group company of the Company. Members hereby acknowledge the above and consent thereto.
6. The Company uses and provides Membership Information during the period of membership and for five years after the withdrawal from membership for the purposes set forth in paragraph 2 hereof. Upon expiration of the said period, the Company deletes the Membership Information.
7. Members cannot participate in the Program if they do not consent to the use and provision of Membership Information set forth in this Article.
Article 6 (Inquiry and Request Concerning Personal Information)
1. A member may inquire about his/her Membership Information collected by the Company or make a request for inspection or creation and provision of copies thereof to the Company in accordance with the procedure prescribed by the Company.
i. Point of contact for making an inquiry/request: Matsumotokiyoshi (Taiwan) Limited, Marketing and Sales Promotion Department
ii. Method of making an inquiry/request: please ask the point of contact for specific procedure. When making a request, the relevant member will be required to present a certificate issued by a public agency for identity verification (such as driver's license or passport).
iii. Cost of making an inquiry/request: the Company charges the amount of actual expenses required to respond to the inquiry and request.
iv. Other inquiries/requests: please ask the point of contact for disclosure request set forth in item (i) above.
2. If any information disclosed in response to the inquiry and request set forth in the preceding paragraph is found to be inaccurate or incorrect, the relevant member may request correction, supplementation or suspension of use of the relevant Membership Information.
3. A member may request deletion or suspension of management and use of his/her Membership Information when the purposes set forth in Article 5, paragraph 2 cease to exist; when the period set forth in Article 5, paragraph 6 expires; or when the collection, management or use of personal information by the Company is in violation of the Personal Information Protection Act of Taiwan.
4. Items (i) through (iv) of paragraph 1 apply mutatis mutandis to the method of making a request set forth in paragraphs 2 and 3 of this Article.
Article 7 (Prohibited Matters)
The following acts are prohibited:
i. a criminal act or an act that can be connected to a criminal act;
ii. an act to make a false report when making an application or notification of change;
iii. an act to use the Application fraudulently;
iv. an act in violation of these Terms and Conditions and/or laws and regulations;
v. any other act that the Company considers inappropriate.
Article 8 (Intellectual Property Rights)
Members may not transcribe, copy, publish, or make other use of any intellectual property rights pertaining to the Program without the permission of the Company or other right holders.
Article 9 (Notification of Change of Registered Matters)
1. If there has been any change in the matters registered pursuant to Article 2, paragraph 2, the relevant member is required to promptly notify the same in either of the following manners:
i. notification of changes by using the Application; or
ii. notification in any other manner prescribed by the Company.
2. If trade magazines, etc. mailed by the Company fail to reach a member due to the member's failure to make notification, they are deemed to have been delivered on the date on which they should be normally delivered. Even if the member incurs any damage due to such failure of delivery, the Company shall not be liable therefor.
Article 10 (Withdrawal)
To withdraw from membership, the procedures prescribed by the Company must be followed.
Upon withdrawal, any and all rights relating to Points, etc. that have already been granted become null and void.
Members may not make any claim against the Company upon withdrawal from membership.
When a member dies, he/she is deemed to have withdrawn from membership.
Article 11 (Effective Period of Points)
Points granted by the end of March of each year, based on the day on which the relevant Points are granted, expire at the end of March of the following year, and Points that are not used before the relevant expiration date shall become invalid.
Article 12 (Suspension/Cancellation of Membership, Elimination of Points)
When a member falls under any of the following items, the relevant member shall be removed from membership without notice.
When the member fails to make notification of change of registered matters pursuant to Article 2, paragraph 2, which results in the whereabouts of the member becoming unknown, and the member still fails to follow the relevant procedures for notification of change even though the Company has requested the member to follow the procedure when the services of the Program are used; in such case, any Points that have already been granted are treated as invalid.
When the member is found to have violated these Terms and Conditions; in such case, the member may be required to return the issued point card or repay the amount equivalent to the Points that have already been redeemed.
Article 13 (Damages)
When a member causes damage to a third party with respect to the Program, the member shall resolve the issue on his/her own responsibility and hold the Company harmless. If the Company suffers any damage, the Company may claim compensation for damages.
Article 14 (Amendment to the Terms and Conditions)
When the Company amends these Terms and Conditions, the Company notifies the members to the effect that the amendment is to be made, the contents of the amended Terms and Conditions, and the date on which such amendment takes effect, via the Company's website or the Application.
Article 15 (Agreed Jurisdiction)
These Terms and Conditions shall be governed by the laws of the Republic of China (Taiwan). Members and the Company agree to submit to the Taiwan Taipei District Court as the court of first instance having exclusive jurisdiction over any dispute arising in relation to the Program or these Terms and Conditions.
Article 16 (Affiliated Services)
When the Company forms an affiliation with its group companies or other services, the members are entitled to receive other services additionally by following a prescribed procedure.
The contents of other services are as described in their respective terms and conditions.
Contact for inquiry concerning the Program: Matsumotokiyoshi (Taiwan) Limited, Marketing and Sales Promotion Department
Address: 9F-5, No. 104, Minquan W. Road, Datong Dist., Taipei City, Taiwan
Telephone: (02) 2501-6680