Friends of Eng Wah-Terms and Conditions

Friends of Eng Wah - Terms and Conditions

1. Definitions

1.1	In these terms and conditions, unless the context otherwise requires:
1.1.1	'EW' means EW Private Limited;
1.1.2	'FOEW Points' means the token points held to the account of a FOEW in connection with the Programme;
1.1.3	'FOEW' or 'Friend of Eng Wah' means a person whose application to participate in the Friends of Eng Wah Programme has been accepted by EW, and whose participation in the said Programme has not been subsequently terminated;
1.1.4	'Programme' means the Friends of Eng Wah Program operated by EW;
1.1.5	'Reward' means any goods, services, benefits, arrangements or other privileges as EW may from time to time and in its absolute discretion designate as being redeemable or obtain able by the use of FOEW Pointsunder the Programme; and
1.1.6	'Site' means any designated website intended for public access over the Internet and made available by EW in connection with the Programme, including without limitation all services, information, text, graphics, links or other items or materials contained or provided therein;
1.2	Unless the context otherwise requires, words referring to the singular number shall include the plural number and vice versa, and words denoting any gender include all genders. Headings have no legal effect.

2. Participation

2.1	Any natural person residing in Singapore may apply to EW to participate in the Programme ('The Applicant'). Each Applicant may only maintain one account.
2.2	Every application to participate in the Programme must be made by submitting to EW the then current registration form prescribed by EW for such purpose, payment of such administrative fee as EW may prescribe ('the Administrative Fee'), and such personal particulars and other documentation relating to the Applicant as EW may require. In submitting any such registration form and providing any such particulars or documentation, in addition to the matters set forth elsewhere in this document, the Applicant agrees:
2.2.1	to provide true, accurate, current and complete information about himself; and
2.2.2	to be bound by the terms set out herein, the terms governing the redemption of any Reward (as EW may from time to time notify the Applicant of), the terms governing access to and use of the Site (as notified therein) (collectively, the 'Terms', and all as may be amended by EW from time to time), and all applicable laws and regulations.
2.3	Each Applicant's application to participate in the Programme shall constitute an offer made by the Applicant to EW to participate in the Programme. EW may at its sole and absolute discretion accept or decline any such application without assigning any reasons there for.
2.4	The privileges extended by EW pursuant to the Programme will only be offered to Applicants whose applications are accepted by EW (hereafter, a 'Friend of Eng Wah' or 'FOEW' and only for so long as the Programme is not withdrawn or the FOEW's participation in the same has not ceased or been otherwise terminated.
2.5	Each FOEW shall maintain and promptly update his personal information to keep it true, accurate, current and complete at all times.
2.6	In order to participate in the Programme and/or redeem any Rewards, each FOEW must, without demand, and prior to the completion of any relevant transaction, produce his membership card identifying him as a participant of the FOEW Programme ('the Membership Card'). EW may at its option either issue a Membership Card to the FOEW after acceptance of his application to participate in the Programme, or designate a card held by the FOEW as a Membership Card. The Membership Card shall serve only to identify the FOEW as a FOEW, and is not a charge, credit or debit card unless otherwise stated.
2.7	Any Membership Card issued by EW is the sole and exclusive property of EW. Any Membership Card may be revoked or cancelled at any time by EW. A FOEW must immediately report in writing to EW any loss or theft of his Membership Card. EW may at its discretion and on such terms as it may prescribe (including the payment by the FOEW of a replacement fee) issue to the FOEW a replacement Membership Card in the event that the card previously issued to him is lost, damaged or stolen. EW will not be responsible for any unauthorised use of a Membership Card.
2.8	EW may amend the Terms from time to time and at any time without notice to the FOEW. Continued participation in the Programme thereafter constitutes the FOEW's acceptance of all the prevailing Terms as modified by EW. Any FOEW who does not agree to any modification of the Terms must immediately cease participation in the Programme. The prevailing Terms governing the FOEW Programme are available at the Site and upon request from EW.

3. Online Participation

3.1	Certain features of the Programme may only be available via access to the Site. Each FOEW shall be solely responsible for his access to the Internet and for obtaining and maintaining an email address to utilise such features of the Programme, the cost of which is to be borne by the FOEW. EW is not responsible for any inability on the part of the FOEW to connect to the Internet, access the Site, or to log on to his account.
3.2	No machines, scripts or automated services may be used to access the Site or earn FOEW Pointsor otherwise use or participate in the Programme.
3.3	EW is entitled to act on instructions received under the FOEW's password, and is not responsible for any transactions made in connection with the FOEW's account by someone else who uses his password. The FOEW hereby acknowledges and agrees that the aforesaid security procedures are commercially reasonable for electronic transactions.
3.4	Without prejudice to any other terms prescribed by EW which may govern any use or access of the Site, EW does not warrant, guarantee or make any representations that the Site will meet all or any of the FOEW's requirements, or that the Site or the use or access thereof shall always be available, accurate, accessible, complete, uninterrupted, current, timely, secure or error free, or free from computer viruses or malicious or destructive materials or program code. EW is not responsible for (nor does it have any control over) the contents of any third party websites to which it may provide hyperlinks on the Site, and disclaims any and all liability which may arise in connection with the use or operation of the same. The provision of hyperlinks to these sites by EW does not constitute EW's endorsement or approval of the hyperlinked websites or the contents thereof. The FOEW hereby releases EW from all claims arising from or in connection with all loss or damage the FOEW may suffer or incur in connection with the foregoing.
3.5	No FOEW shall at any time:
3.5.1	interfere with or disrupt the service or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
3.5.2	violate any applicable laws or regulations or terms governing access to and use of the site;
3.5.3	harass other users of the Site; and/or
3.5.4	reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or the Programme.

4. Issuance and Redemption of FOEW Points

4.1	Subject to the Terms, each FOEW shall, under the Programme, be entitled to earn such FOEW Pointsas EW may specify by purchasing designated items via the Site or over-the-counter at any EW Cinemas,( except any other cinemas as EW may designate from time to time), provided always that the FOEW provides his membership details at the time of the purchase in the manner required by EW, and further complies with all other procedures prescribed by EW from time to time for the earning of such FOEW Points. Without limiting the generality of the foregoing, in order to earn any FOEW Points, each FOEW must produce a valid Membership Card prior to making any qualifying purchase (if the purchase is made over-the-counter), or log-on as a FOEW immediately after making any qualifying purchase (if the purchase is made via the Site).
4.2	FOEW Pointsearned and available for redemption by the FOEW under the Programme will be reflected in his FOEW account. FOEW member has to send in an email to foew@engwah.com.sg or call 6738 2345/6734 0028 to inquire of their FOEW Points balances & expiry within 7 days from the date earned, failing which EW's records of the FOEW's FOEW Pointsstanding to his credit shall be deemed correct and conclusive. EW is entitled, for any reason and at any time without liability or prior notice to the FOEW, to suspend the accrual of FOEW Points, and/or to rectify any error relating to the balance of FOEW Pointsreflected in any FOEW account, and/or FOEW Pointsearned or deducted in connection with any transaction.
4.3	FOEW Points have no cash value and may not be exchanged for cash or credit.
4.4	A FOEW may, subject to the conditions herein and any other qualifying redemption amounts and conditions EW may prescribe from time to time, select and request to redeem any one or more of the Rewards which EW may from time to time offer to make available to such FOEW, such offer being described and made available via whatsoever medium, redemption channels and forms as EW shall prescribe. The FOEW agrees that any such redemption and the use of such channel will be governed by such terms and conditions as may be prescribed by EW.
4.5	All requests by a FOEW for redemption of FOEW Pointsfor any Reward shall be processed on a first-come, first-served basis, and in addition to any other terms relating to such redemption, are subject to the FOEW having sufficient FOEW Pointsavailable for such redemption, as well as the availability of the Reward.
4.6	The account of a FOEW who has redeemed any FOEW Pointswill be updated to reflect a deduction of such FOEW Pointsas have been used to redeem a Reward.
4.7	Rewards shall be collected by the FOEW at such time and in such manner as EW may designate. A FOEW when collecting a Reward may be required by EW to produce his Membership Card and such identification or other documents as EW may require.EW is not obliged to entertain requests for the re-issue of any voucher or Rewards. The FOEW must comply with the procedures prescribed by EW for the redemption of any voucher or Rewards. EW is not obliged to verify that the redemption of any voucher or Rewards has been authorized by the FOEW.
4.8	EW may at any time withdraw or vary the terms of any promotions relating to the earning of FOEW Pointsor redemption of Rewards.
4.9	The redemption of a Reward is subject to its continued availability and to such other conditions as may be specified by EW. EW may, in its absolute discretion, at any time and from time to time without prior notice, vary any Reward offered to a FOEW, substitute any Reward with another of a similar value or vary the number of FOEW Pointsrequired to redeem any Reward.
4.10	FOEW agrees that EW shall not in any way be liable for any goods or services or the quality or performance of goods or services comprised in any Reward supplied or provided by any participating merchant, site or service provider or other authorised agent under the Programme, and shall only seek redress and direct any complaints or comments in respect of such goods and services to the respective participating merchant, provider or agent. In respect of any Reward supplied by EW which is defective, the FOEW must within 7 days of collection of the Reward notify EW of such defect in writing, and EW may, if such defect has been proved to the satisfaction of EW as being a manufacturing defect, at its sole and absolute discretion, replace such Reward with a similar or other item of EW's choice, or provide the FOEW a refund of the FOEW Pointsused to redeem such Reward. The foregoing shall be the FOEW's sole remedy for any defects relating to any Rewards issued by EW.
4.11	Under no circumstances will Rewards be refunded or exchanged for FOEW Pointsor cash. FOEW Pointscannot be combined or used in conjunction with other promotions, coupons, discounts, concessionary schemes or special offers, unless otherwise stated. FOEW Points are void where prohibited by law. FOEW Pointsmay only be earned on account of or applied towards the purchase of full priced tickets or merchandise.
4.12	FOEW Pointsnot redeemed within the stipulated time frame as EW may notify to the FOEW from time to time, shall expire and be deducted from the FOEW's account. FOEW Pointsthat have expired are not valid for redemption and cannot be reinstated under any circumstances. EW will not grant any extension of time for the redemption of Rewards with FOEW Points.
4.13	Accrued FOEW Pointsdo not constitute property, and are not assignable or transferable without EW's consent. Any purported sale, barter, transfer, assignment, or other disposal of any FOEW Pointswithout EW's consent shall be void, and any such FOEW Pointsso purportedly assigned, sold, or otherwise transferred may be cancelled by EW at its discretion. EW shall have the right to require payment of a transfer fee designated by EW from time to time for the transfer of FOEW Points.

4.14	FOEW Pointsmay ONLY be earned on account of or applied towards the purcchase of full priced tickets or Combo sets at www.ewcinemas.com.sg or Box Office. FOEW Pointscannot be combined or used in conjeunction with other promotions, coupons, discount, concessionary schemes or special offers unless otherwise stated.

4.15	the FOEW Pointsexpire on 31 Dec, 2 years from the date issue.

4.16	Membership is valid for 3 years. Each membership is automatically renewed upon spending $100 on movie tickets and/or combos per calendar year.

5. Termination

5.1	Without prejudice to EW's rights and remedies at law, it may at any time terminate any FOEW's participation in the Programme forthwith without further notice to the FOEW if:
5.1.1	the FOEW has committed a breach of these Terms;
5.1.2	the FOEW has provided any information that is untrue, inaccurate, not current or incomplete, or EW has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;
5.1.3	the FOEW makes more than one application to participate in the Programme, or maintains multiple accounts (even if the FOEW has multiple e-mail addresses); and/or
5.1.4	the FOEW has committed any abuse or fraud in respect of the issuance of FOEW Pointsor redemption of Rewards;
5.1.5	the FOEW has not earned any FOEW Pointsfor a period of 12 months or more; or
5.1.6	EW reasonably suspects a FOEW to have committed any of the above.
5.2	Notwithstanding anything in the Terms, EW may without notice to the FOEW, at any time in its absolute discretion and without giving any reason, terminate this Programme and/or withdraw, cancel or invalidate any Reward and/or FOEW Points already issued.
5.3	Upon the termination of any FOEW's participation in the Programme or the withdrawal of the Programme for any reason whatsoever, the following shall apply:
5.3.1	the Membership Card shall immediately cease to be valid, and save for where the Membership Card was not issued by EW, must be surrendered to EW;
5.3.2	all FOEW Pointsto the account of the FOEW shall be cancelled immediately, and EW shall not be obliged to deliver to or permit the collection of any Rewards by the FOEW (even if the application to redeem the same was made prior to termination of the FOEW's participation in the Programme); and
5.3.3	EW may terminate the FOEW's account and access to the Programme and cease to make available the Site.

6. Disclaimer & Limitation of Liability

6.1

The Programme is provided to the FOEW 'as is' and on an 'as available' basis, and to the maximum extent permitted by law, EW excludes all conditions, representations, warranties and other terms which might be implied into or incorporated as part of the Terms and/or with respect to the Programme, the Rewards, any merchandise, products or services offered or provided by EW or any third parties in connection with the Programme or via or as part of the Site, the Site, any advertisements or other publicity relating to the foregoing and all matters connected with the aforesaid, whether by statute, common law or otherwise, including, but not limited to, implied warranties or terms as to merchantability, satisfactory quality or fitness for any particular purpose, as well as implied warranties or terms arising from course of dealing or course of performance.

6.2

EW, its subsidiaries, affiliates and related companies, together with their respective shareholders, partners, officers, directors, employees and sub-contractors, shall in no event be liable for any and all claims, suits, proceedings, liabilities (whether criminal or civil), losses, costs, damages and expenses (including without limitation, direct, indirect, special or consequential damage, economic loss, transportation costs, loss of data, income or profit, loss of or damage to property, loss of anticipated savings, loss of opportunity or claims of third parties) arising, whether directly or indirectly, from or in connection with, and whether by statute, common law or otherwise:

(i)	the Programme;
(ii)	any failure, delay, or decision by EW in or in the course of administering the Programme;
(iii)	any access, use or inability to access or use the Site and/or any use or reliance upon the information, content, materials or products included on the Site or otherwise provided to the FOEW;
(iv)	any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus; or
(iv)	the purchase or use of any Rewards, merchandise, products, or services offered or provided by EW or any third parties in connection with the Programme;
(v)	any use or access of any other web site linked to this Site; and in each instance, even if EW or its representatives are advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy but EW does not exclude its liability for death or personal injury to the extent only that such death or personal injury arises as a result of the negligence of EW.

6.3

The aforesaid terms shall operate without prejudice to any other terms prescribed by EW which may govern any use or access of the Site.

7. General Conditions

7.1	The Terms constitute the entire agreement between the FOEW and EW concerning the Programme, and the FOEW's use thereof, and supersedes any other prior agreements relating to the same. The FOEW acknowledges that he has not relied upon any representation, warranty or other assurance given or made by or on behalf of EW prior to entering into this agreement and the FOEW waives all remedies which, but for this Clause, might otherwise be available to him in respect of such representation, warranty or other assurance.
7.2	Notices provided by EW at EW's cinemas, on the Site or sent to the FOEW via postal mail to the FOEW's address, or via e-mail at the e-mail address provided to EW by the FOEW in the course of his applying to participate in the Programme, shall in each instance constitute sufficient notice to the FOEW for any purposes pursuant to the Terms. Notices from the FOEW to EW (including any request to redeem Rewards) must first have been acknowledged by EW in writing via e-mail or post to the FOEW as having been received in order to constitute sufficient notice to EW.
7.3	EW may require any FOEW under the age of 21 years to produce such proof of parental consent to his participation in this Programme or the redemption of any Rewards as EW may reasonably require as a condition precedent of its obligations hereunder.
7.4	All questions or disputes regarding the FOEW Programme, including without limitation, questions or disputes regarding eligibility for the Programme, or the eligibility of FOEW Pointsfor accrual or redemption, must be submitted in writing within 7 days of any qualifying transaction to EW via email to foew@engwah.com.sg or via post to 400 Orchard Road, #16-06 Orchard Towers, Singapore 238875.
7.5	Notwithstanding anything in the Terms, the FOEW hereby expressly agrees and acknowledges that EW's obligations to credit FOEW Pointsto the account of any FOEW upon the making of any qualifying purchases and/or to permit the redemption thereof for Rewards do not apply where there is any failure, error, omission, interruption, delay in transmission, or computer virus affecting any machine, server, computer or communication system used in connection with the Programme, or any industrial dispute, war, act of God, terrorist attacks, or anything outside the control of EW or its servants or agents, or any failure of EW's servants or agents to perform their obligations to EW (each 'a Force Majeure Event'. EW shall not, upon the cessation or removal of the Force Majeure Event, be obliged to credit any FOEW Pointsto the account of any FOEW for qualifying purchases made during any such Force Majeure Event.
7.6	If any provision of the Terms shall in whole or in part be held by any court of competent authority to be illegal, void, voidable or unenforceable under any enactment or rule of law to any extent, then such provision shall be deemed to be severed from the Terms, but such deletion shall be without prejudice to the validity or enforcement of the other provisions thereof.
7.7	The FOEW hereby authorises EW to disclose information regarding himself and his FOEW account to third parties for such purposes as EW shall see fit.
7.8	Notwithstanding anything in the Terms, the maximum liability of EW in connection with any claim arising from or in connection with the Programme (if any) shall be limited to the value of the Administrative Fee.
7.9	The records of EW (including without limitation written, computerized and mechanized records and any authorization and instructions received about any transaction) on all matters relating to this Programme shall be conclusive and binding on the FOEW.
7.10	The decision of EW on all matters relating to this Programme shall be final and binding on the FOEW and no correspondence thereon will be entertained.
7.11	This agreement between the EW and the FOEW shall be governed by Singapore law and the parties hereby submit to the exclusive jurisdiction of the Singapore courts.