ARTICLE 1: DEFINITIONS
In this document of terms and conditions for card issuance and usage, the words and expressions shall have the following meanings:
1.1. “EMG”: is short for Elements Management Group (EMG) and the management company for all the EMG outlets, located at 33 Le Duan street, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam.
1.2. “EMG Outlets”: are the restaurant and nightlife concepts managed and operated by Elements Management Group,
At the time of writing Elements Management Group manages and operates the below outlets:
1.3. “Card”: is the gift card issued by Elements Management Group to sell and/or award to customers. Accordingly, Card does not identify the Cardholder and allows Cardholder to make transactions within the limited amount corresponding to the amount topped up into Card. Card cannot be additionally topped up.
1.4. “Cardholder”: is the individual using the Card, accordingly, Cardholder is responsible for using the Card as regulations stipulated in this document of terms and conditions for card issuance and usage.
1.5. “Website/ The official electronic information page of EMG”: is the website of elements as the following link: www.rockwellcollection.com
1.6. “Card Transaction”: is the transaction made by Card at the EMG outlets.
1.7. “Card Expiry Date”: is the period of time in which Card works normally, from the issuance date to the expiry date. The Card Expiry month is stamped on the gift card and is valid until the end of that month.
ARTICLE 2: GUIDELINE OF CARD USAGE
2.1. General information of Card
a. Card is sold at all EMG outlets.Upon Card purchasing, Cardholder shall be handed over with Card, Terms & conditions information.
2.2. Scope of Card usage
a. Card could only be used for purchasing goods, services at card payment machines of Elements Management Group.
b. Card could not be used for cash withdrawal.
2.3. Validity of Card
The card cannot be topped up and the valid date is stamped on the gift card.
2.4. Denomination of Card
a. Cardholder is allowed to make Card Transaction within the value of Card Denomination
b. Card cannot be topped up.
2.5. Checking balance of Card
Cardholder could check the balance of Card through following methods:
a. At card payment machines of EMG outlets.
b. On the transaction receipt which the balance of Card shall be printed.
c. Reach customer service through Mail (Customerservies@rockwellcollection.com) or customer service hotline (+84) 902503828
2.6. Other regulations:
a. In case the value of Card is not sufficient for making payment at EMG outlets, Cardholder could make payment for the difference by other payment methods, such as cash, credit card, etc.
b. Cardholder could use many Cards for one payment transaction of goods, services purchasing.
c. Issued Card could not be returned (except for the case as stipulated in item d section 1 Article 4 of this document of terms and conditions for card issuance and usage); refunded; changed; converted to other value.
d. Cardholder could contact the Customer Service of EMG for further detailed information as well as solve any arising concern (if any) during the Card usage.
ARTICLE 3: RIGHTS AND OBLIGATIONS OF CARDHOLDER
3.1. Rights of Cardholder
a. To be entitled to use Card to make payment for goods and services at EMG Outlets.
b. To be entitled to make claims for errors (if any) and other arising issues during their Card usage.
c. To be entitled to enjoy benefits for Cardholder which implemented by EMG from time to time (if any).
3.2. Obligations of Cardholder
a. To be responsible for paying fees for purchasing Card to EMG (if any).
b. To be responsible for managing, ensuring the safety of Card.
c. To be responsible for directly contacting EMG to solve claims for errors (if any) and other arising issues during their Card usage, including but not limited to Card balance, Card transactions.
d. To be responsible for all transactions to be made by Card with/without signatures of Cardholder.
e. To allow EMG to provide the information of Card Transaction of Cardholder upon requests of Authorities and/or regulations of the Law without notification to Cardholder.
f. To be responsible for using Card as regulated by the Law, the State Bank of Vietnam and EMG. To commit not to make Card Transaction violating the Law of the Socialist Republic of Vietnam.
ARTICLE 4: RIGHTS AND OBLIGATIONS OF Elements Management Group
4.1. Rights and of EMG
a. To be exempt from liability in case the processing, communication systems fail…or for any other reasons beyond the control of EMG.
b. To be exempt from liability for any cases in which Card is rejected by EMG outlets.
c. To be entitled to reject the authorization for Card Transaction, requests relating to Card issuance and usage which are illegal, invalid as regulated by the Law EMG or cases beyond the control of EMG.
d. To implement necessary methods without informing to Cardholder in advance, for instance, stop Card Transaction, suspend/terminate the usage, withdraw Card, cancel Card when Cardholder violates the Law relating to Card usage or regulations in this document of terms and conditions for card issuance and usage, or cases with signs indicating that Card is exploited or Card is doubted to make fraudulent transactions.
e. To be exempt from liability for any claims for errors (if any) and other arising issues during their Card usage.
f. To be exempt from liability in the event of counterfeit Card, Card information due to faults and/or negligence of Cardholder or third party.
g. To be entitled to provide information of Card Transaction of Cardholder based on requests of authorities without notification to Cardholder.
h. To be entitled to process the requests of EMG relating to Card, including: lock/ unlock Card; change Card and terminate Card usage.
i. Not to process requests of Cardholder relating to Card, including: lock/ unlock Card; change Card and terminate Card usage.
j. To cancel Card or terminate the usage of Card upon the expiry date.
k To be responsible for complying with regulations of Card issuing and acquiring as stipulated by the Law and EMG.
l. To be entitled to collect the fee for purchasing Card from Cardholer and do not refund the remaining balance (if any) to Cardholder after the expiry time or termination.
4.2. Obligations of EMG
a. Other rights as regulated by the Law, EMG, the State Bank of Vietnam and agreements.
b. To be responsible for guiding customers about conditions, procedures, rights and obligations during Card usage.
c. To be responsible for solving claims about errors (if any) and other arising issues during Card usage of Cardholder, including but not limited to Card balance, Card transactions, Card locking/ unlocking, Card changing; Card termination.
d. To be responsible for directly solving all claims of cardholders relating to Card and Card transactions.
ARTICLE 5: MODIFICATION TERM
EMG are entitled to modify the content of this document of terms and conditions for card issuance and usage at any time when EMG consider it appropriate. Any amendments shall be effective from the date on the notification of the modification of this document of terms and conditions for card issuance and usage attached with the card.
ARTICLE 6: GOVERNING LAW AND DISPUTE RESOLUTION
6.1. This document of terms and conditions for card issuance and usage is governed by the Law of Socialist Republic of Vietnam, current regulations about Card issuance and usage of regulations of EMG.
6.2. The issues which are not regulated in this document of terms and conditions for card issuance and usage shall be governed by the Law and regulations of EMG.
6.3. In the event of any dispute arising during the implementation, the Parties shall resolve firstly by negotiation. If no resolution could be reached, Parties may bring such dispute to the competent court in Vietnam where EMG places its head office for settlement as regulated.
ARTICLE 7: EXECUTION
7.1. The content of this document of terms and conditions for card issuance and usage creates a legal agreement between Cardholder EMG. That Cardholder uses Card means Cardholder accepts and to be bound by the content of this document of terms and conditions for card issuance and usage.
7.2. This document of terms and conditions for card issuance and usage is made in both Vietnamese and English versions. In case of any discrepancy or inconsistence between the Vietnamese and English versions, the Vietnamese version shall prevail.
7.3. If one part or the whole of any article of this document of terms and conditions for card issuance and usage is invalid, unlawful or unenforceable under applicable law, the validity and enforceability of other articles of this document of terms and conditions for card issuance and usage shall not be affected or invalidated thereby.
7.4. The lack or delay of rights and obligations implementation of EMG under this document of terms and conditions for card issuance and usage shall not be deemed a waiver of the whole or a part of rights and obligations of EMG except when EMG has notified in written about its waivers of rights and obligations.
7.5. Cardholder acknowledges that has read, clearly understood and committed to comply with this document of terms and conditions for card issuance and usage, other regulations of EMG as well as applicable Law of Vietnam.