Marks & Spencer Rewards
Terms and Conditions
The Marks & Spencer Rewards Programme (the “Programme“) is managed and operated by ALF Retail Hong Kong Limited together with its parent company, subsidiaries and affiliates thereto known as Al-Futtaim Group of Companies (collectively “Al-Futtaim”). The Programme involves earning cashbacks (“Cashback“ or “Cashbacks”) and redeeming Cashbacks in return for products and services offered by Marks & Spencer Hong Kong operating in the Hong Kong Special Administrative Region (“Hong Kong”).
These terms and conditions (“Terms and Conditions“) are binding on all member(s) of the Programme (“Member” or “Members”), and Members agree and accept the Terms and Conditions set forth and any amendments to be made by Al-Futtaim from time to time.
1. Eligibility and Membership
- 1.1The Programme is open to individuals aged 18 or above. Individuals below the age of 18 may also become Members but are required to obtain their parent or guardian’s consent to become Members prior to providing any personal data to Al-Futtaim. For the avoidance of doubt, the Programme is only open to individuals, while corporations and organizations are not eligible to become Members. There is no joining fee, but Al-Futtaim reserves the right to decline any application for membership in its sole discretion without giving any reasons, and such decision shall be final and conclusive. Al-Futtaim also reserves the right to monitor the number of accounts per individual and close duplicate accounts at any time.
- 1.2Membership of the Programme is non-sellable, non-transferable and non-exchangeable. Al-Futtaim reserves the right to terminate any Member’s membership in its sole discretion without giving reasons. Al-Futtaim may exercise this right if, for example, a Member abuses the Programme, creates duplicate accounts or fails to comply with any of the Terms and Conditions or makes any misrepresentation to Al-Futtaim. Termination of membership will mean revocation and forfeiture of any Cashbacks that the Member has accrued in addition to cessation of any other benefits offered under the Programme.
- 1.3Membership will automatically expire without prior notice if there is no recorded transactional activity (i.e. if the Member has not earned or used any Cashback) for a period of 24 months.
- 1.4For the avoidance of doubt, all benefits and privileges under the M&S Privilege Card will no longer be valid.
- 2.1In order to register for the Programme, Members must download the Marks & Spencer Hong Kong mobile app (the “App“).
- 2.2Customers may register for the Programme with a Hong Kong, mainland China or United Kingdom mobile number. Customers will first be requested to fill out a registration form to create a Marks & Spencer Rewards account. All information submitted on the registration form must be authentic, correct, complete and not misleading. An one time password (“OTP”) authentication code will then be sent to the Member’s registered mobile number by SMS. Customers must complete both the registration form and the OTP authentication to register as Members and to redeem Cashbacks.
- 2.3Each mobile number can only be registered by one Member. Any duplicate registration of mobile number or multiple applications of the same Member will not be accepted. Mobile number submitted for registration must be authentic and valid; otherwise, Al-Futtaim shall have the right to suspend or terminate such membership and forfeit all Cashbacks of the Member without any prior notice. To the extent permitted by law, Al-Futtaim shall not be liable for any claim, demand, liability or action resulting from Members’ omission, neglect and/or failure to provide their updated information, or from the accuracy and completeness of those data and information.
- 2.4Members will not be issued a physical membership card and the App will generate an identification barcode (“Identification Barcode”) which will act as Member’s unique identification for the membership of the Programme.
3. Cashback Earning
- 3.1Every purchase made by a Member at all Marks & Spencer participating retail stores in Hong Kong and on the App for delivery orders (excluding Marks & Spencer Hong Kong Online Store (www.marksandspencerasia.com) purchases) is eligible for Cashback earning (“Eligible Purchase(s)”). For every Eligible Purchase, Members will earn Cashbacks at the rate of 1% of the amount spent. Cashbacks are denoted in the unit of HK$. Cashbacks are earned based on net amount paid in a purchase, after deducting, including but not limited to, discounts, Cashbacks redeemed and amount paid for excluded items. For example, if the net amount paid by a Member in an Eligible Purchase is $112, he or she will earn $1.12 Cashbacks. For the avoidance of doubt, spending amount which is less than HK$100 will also be eligible for earning Cashbacks. Cashbacks earned will be rounded down and displayed in two (2) decimal places on the App.
- 3.2Unless otherwise specified under the particular transaction(s), Cashbacks will be awarded and updated within 24 hours from the time of the corresponding Cashback earning purchase for all in-store purchases, or after delivery of goods to Members for all online purchases.
- 3.3In the event of a refund, the Cashbacks earned from the corresponding purchase shall be deducted from and updated in the Member’s Marks & Spencer Rewards account.
- 3.4Al-Futtaim reserves the right in its sole discretion to change the Cashback earning rate at any time without notice.
- 3.5To earn Cashbacks, a Member must register a transaction at the time of purchase by presenting the Identification Barcode on the App at checkout for in-store purchases or by logging into his or her Marks & Spencer Rewards account when making online purchases on the App. Screenshot or photograph of the mobile screen with the Identification Barcode is not accepted. For in-store purchases , a Member may alternatively, provide his or her registered mobile number at checkout to earn Cashbacks. Selected products or services are excluded from Cashbacks earning, including but not limited to gift vouchers or gift cards. These excluded items are subject to change from time to time at the sole determination of Al-Futtaim.
- 3.6If a Member forgets to provide his or her Identification Barcode or registered mobile number at checkout or forgets to log into his or her Marks & Spencer Rewards account before making payments on the App for online purchases, no Cashbacks can be retrospectively claimed.
- 3.7Al-Futtaim reserves the right, in its sole discretion, to withhold or revoke Cashbacks earned from transactions which Al-Futtaim considers do not comply with any of the Terms and Conditions, were earned fraudulently, or were registered as a result of mistake or error.
- 3.8Al-Futtaim reserves the right, in its sole discretion, to offer specified promotions or opportunities to Members to earn additional bonus Cashbacks or other benefits and/or to terminate, discontinue, change the terms of any offer, promotions or opportunities of earning Cashbacks without prior notice to Members. These specified promotions or opportunities are non-transferable, may only be offered to selected Members and cannot be used in conjunction with other promotional offers.
- 3.9Cashbacks are not issued against payment of money, do not have any cash value and are not exchangeable for cash, products or services. Cashback earned may not be sold, purchased or transferred to other Members and non-members.
4. Cashback Expiry
- Cashbacks earned will accumulate over 365 days on a rolling basis counting from the date of Cashback earning purchase and expire on the 366th day from the day of the Cashback earning purchase.
5. Cashback Redemption
- 5.1Members may use Cashbacks to obtain cash discounts on their purchases at all Marks & Spencer participating stores in Hong Kong (excluding in-store self-service kiosks) and on the App for delivery orders (excluding Marks & Spencer Hong Kong Online Store (www.marksandspencerasia.com) purchases).
- 5.2To redeem Cashbacks, a Member may enter the amount of Cashbacks he or she wishes to redeem on the App. The Member will then be required to scan the in-store QR code at the cashier. Once the in-store QR code is scanned, the Cashbacks will be deducted from the Member’s Marks & Spencer Rewards account and are not reversible.
- 5.3To redeem Cashbacks on the App for delivery orders, a Member must be logged into his or her Marks & Spencer Rewards account when making purchases on the App. Once a Member enters the amount of Cashbacks he or she wishes redeem on the App and “Place Order” is clicked, the Cashbacks will be deducted from the Member’s Marks & Spencer Rewards account and are not reversible.
- 5.4The amount of Cashbacks redeemed must be a multiple of HK$1.
- 5.5In the event of refund of item(s), the Cashbacks redeemed for the corresponding purchase will not be returned.
6. Responsibilities of Al-Futtaim
- 6.1Nothing in the Terms and Conditions shall limit or exclude Al-Futtaim’s liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by the applicable law.
- 6.2Subject to the preceding paragraph and to the fullest extent permitted by applicable law, Al-Futtaim shall under no circumstances whatever be liable to Members, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Programme and/or the Terms and Conditions; and Members hereby waive any right to make such claims upon their participation of the Programme.
7. Alteration of Terms and Conditions
- 7.1Al-Futtaim may revise or amend the Terms and Conditions at any time. Al-Futtaim will use reasonable efforts to ensure that any important changes will be notified to Member by an appropriate method, such as a notice within the App. However, it is Member’s responsibility to check the Terms and Conditions regularly to take notice of any changes Al-Futtaim make, and Member agrees to do so. If there is/are any change(s), the updated version containing such change(s) will be available through a link in the App to this page and will be effective immediately. Member’s continued participation in the Programme after any changes to the Terms and Conditions will constitute acceptance of such change(s) by Member.
- 7.2If a Member does not agree with any change(s) or addition(s) Al-Futtaim make, he should stop participating in the Programme and inform Al-Futtaim immediately that he or she wishes to terminate membership of the Member. Termination of membership will mean forfeiture of any Cashbacks, offers and privileges that the Member has accrued.
8. Termination of Programme
- 8.1Members acknowledge that Al-Futtaim shall have the right at any time in its sole discretion, without prior notice or assigning any reason, to terminate, modify or suspend the operation of the Programme or any aspect of the Programme including but not limited to membership eligibility, Programme rewards and benefits and Cashback earning rules.
- 8.2If a Member wishes to cancel his Marks & Spencer Rewards membership, he may contact Al-Futtaim by email at MandSHK.OnlineCustomerService@alfuttaim.com. Cancellation of Marks & Spencer Rewards membership will be processed within 10 working days. Any Cashbacks, offers and privileges accrued will be forfeited upon cancellation of membership.
- 8.3In case of dispute, Al-Futtaim reserves the right of final decision. Upon termination of the Programme, all rights and privileges shall cease (including any unredeemed Cashbacks) and no claim or demand of whatsoever nature and howsoever arising shall be made or capable of being made by Members against Al-Futtaim in connection with termination of the Programme. If a Member uses an account that belongs to another person or is found to have been dishonest in the application for membership or exercise of Member privileges, Al-Futtaim reserves the right in its sole discretion to freeze the Member’s account without any prior notice and the frozen account will be terminated automatically after three (3) months.
9. Personal Data
10. Applicable Laws
- 10.1The Terms and Conditions shall be governed by and construed in all respects according to the laws of Hong Kong.
- 10.2The parties irrevocably submit to the exclusive jurisdiction of the Hong Kong courts as regards any proceeding, claim, dispute or matter arising (or which may arise) out of or in connection with or relating to the Terms and Conditions or the Programme.
- 11.1If a Member discovers any abnormal Marks & Spencer Rewards account activity or Cashback movement following a purchase, suspects that Cashbacks may be improperly applied to or deducted from his or her account, or if there are any enquiries regarding Cashback earning, redemption or expiry, the Member should make enquiries to the Marks & Spencer Hong Kong Customer Service by email at MandSHK.OnlineCustomerService@alfuttaim.com specifying the name of the Member, email address associated with the membership, the date of the relevant account activity and the issues encountered. Such email must be sent no more than one (1) calendar month after the date of the purchase, Cashback movement or relevant account activity. Al-Futtaim will not be responsible for any loss in Cashbacks resulting from late notifications to Marks & Spencer Hong Kong Customer Service.
- 11.2The failure of Al-Futtaim to exercise or enforce any right or remedy provided under the Terms and Conditions will not constitute a waiver of such right or remedy. Any waiver of right or remedy of the Terms and Conditions by Al-Futtaim will be effective only if in writing and signed by Al-Futtaim.
- 11.3The Terms and Conditions or any rights hereunder or any part hereof may not be transferred or assigned by Members, but may be assigned by Al-Futtaim without restriction.
- 11.4If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms and Conditions, which shall continue in full force and effect.
- 11.5The Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) shall not under any circumstances apply to the Terms and Conditions.
- 11.6This (including any other document referred to in the Terms and Conditions) is the entire agreement between Members and Al-Futtaim.
- 11.7If there is any inconsistency or conflict between the English and Chinese versions of the Terms and Conditions, the English version shall prevail.