MEMBERSHIP AGREEMENT

TERMS & CONDITIONS

Qian Hu Rewards (“Programme”) is a loyalty programme by Qian Hu Corporation Limited (“Qian Hu”) that rewards shoppers on their purchases with our physical store at Qian Hu Fish Farm. It is a membership that allows Rewards Members (“Members”) to earn points (“Points”) and redeem rewards (“Rewards”) subject to the terms and conditions herein.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

1. Use of the Membership Portal (“Portal”)

A. Membership Account

You agree to furnish accurate and complete information in the creation and use of your account and that we may terminate your account immediately if any information is inaccurate or incomplete. You are solely responsible for the use of your account and may not use another Member’s account without authorization. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any loss caused by any unauthorized use of your account or breach of security.

Once you have created a Membership account on our Portal, you can start earning points on your purchases in our retail store at Qian Hu Fish Farm. We reserve the full discretion to reject any Membership application, as well as to suspend or terminate any Membership Account.

You may cancel your Membership Account at any time by notifying us via email, and the cancellation will take immediate effect upon our receipt of the notice.

All Membership-related information shall be communicated via e-mail.

B. Membership Points

You may accumulate points on your Member Account (“Membership Points”) for your Qian Hu’s In-House Brands Products, Aquatic Species (E.g. Aquarium Fish and Aquatic Plants), Frozen Bloodworm and Frozen Brine Shrimp purchases at the rate of S$1 to 1 point and for your Arowana Fish purchases at the rate of S$10 to 1 point, which is subject to change under Qian Hu’s sole discretion, and such points are valid for 2 years from the date of acquisition. Membership Points accumulated may only be redeemed in subsequent transaction(s) at the rate of 100 points to S$5.

There is strictly no sharing of Membership Points with other Member(s), and Membership Points:

1. can be earned and redeemed for the purchase of Qian Hu’s In-House Brands Products (E.g. Aqua Zonic®, OF®, Ocean Free®, Classica®, Ponddpro®, Reptilepro®, RevoReef®, Aristo-Cats®, Sumo Cat®, BARK®, Felines’ Language®, Love Sand®, Platinum Choice® and more), Aquatic Species (E.g. Aquarium Fish and Aquatic Plants), Arowana Fish, Frozen Bloodworm and Frozen Brine Shrimp.
2. can be earned but cannot be redeemed for the purchase of Qian Hu’s Non In-House Brands Products (E.g. HiBlow, Eheim, Arcadia, Hai Feng, DAB Water Technology, Leader, Tsurumi Manufacturing Co., Ltd., Nature’s Gift and more) and Promotional and Discounted Items.
3. cannot be earned and redeemed for the purchase of Giant Freshwater Prawns, Marble Goby (Soon Hock), Plants, Flowers, Plant and Flower Fertilizers and Pots, Clearance Items, Workshops (E.g. Aquascaping Workshop) and Activities (E.g. Longkang fishing, Fish Spa, Koi Feeding).

Our decision on any Membership Points-related dispute/issue shall be conclusive and final, and you agree to abide and be bound by the same.

Upon cancellation or termination of your Membership Account, all unredeemed Membership Points will immediately be invalidated.

2. Programme Availability and Our Right to Terminate

We may, without prior notice, change the Programme; stop providing the Programme or features of the Programme, to you or to Members generally; or create usage limits for the Programme. We may permanently or temporarily terminate or suspend your access to the Programme without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination or suspension of access, you continue to be bound by this Agreement. We reserve the right, but have no obligation, to monitor disputes between you and other Members. The Company shall have no liability for your interactions with other Members, or for any Member’s action or inaction.

3. Security

Member agrees that Qian Hu and our third parties acting on our behalf, may collect, use and disclose your personal data, which you have provided at the members' portal at qianhumembers.com, for the following purposes highlighted below, in accordance with the Personal Data Protection Act 2012 and our Privacy Policy.

By signing up as a Member, you agree that you have read, understood, and agree to be bound by these Terms and Conditions and consent to the collection, use, and disclosure of your information for the following purposes:

1. We will use the information you provide to discharge our obligations in the course of providing, maintaining and improving our Programme to you; verifying your identity; providing customer service, including but not limited to responding to, handling, and processing queries, requests, applications, complaints, and feedback from you; processing payment, credit, or any other transactions; sending you notices, updates, alerts, invoices, and other support and administrative messages.

1. When you register with Qian Hu’s newsletter or otherwise provide us with your personal information through the Platform, we will also use your personal information to send you marketing information about products, services, offers, promotions, events, news, initiatives, lucky draws, membership and reward schemes, and any other information we think will be of interest to you from time to time. You can unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us.

1. We will also use the information you provide to promote safety, integrity and security in the delivery of our Programme; monitor and analyze trends, usage, and activities in connection with our Programme; personalize our Programme and provide advertisements, content and features that match user profiles and/or interests.

We may disclose your personal data:

1. where such disclosure is required for performing obligations in the course of or in connection with the provision of our Programme;
2. by consent;
3. if we are required to do so by applicable law and regulations, codes of practice, guidelines, and rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
4. or you violate our Terms and Conditions or to protect the rights, property and safety of ourselves and others;
5. in the event we believe such disclosure is necessary to prevent imminent harm;
6. where you use features of the Programme that share your information such as sharing via social media platforms; or
7. to third-party service providers, vendors, consultants, agents and other organisations necessary for the provision of the Programme.

Should a Member wish to unsubscribe from receiving marketing information at any time from Qian Hu, they may do so by using the unsubscribe function within the electronic marketing material.

4. Third-Party Links

The Portal may contain links to third-party websites not owned or controlled by us and we do not endorse or assume any responsibility for any such third-party sites. If you access a third-party service from the Portal, you do so at your own risk, and you understand that these Terms and Conditions does not apply to your use of such service, and you expressly relieve us from any and all liability arising from your use of any third-party service or content.

5. Indemnity

You agree to defend, indemnify and hold us harmless and our subsidiaries, agents, licensors, managers, and other affiliated companies, and our employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

(a) your use of and access to the Portal, including any data or content transmitted or received by you;

(b) your violation of any provision of these Terms and Conditions, including without limitation your breach of any of the representations and warranties herein;

(c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;

(d) your violation of any applicable law, rule or regulation;

(e) any claim or damages that arise as a result of any of your personal information or other information that is submitted via your Member Account; or

(f) any other party’s access (whether authorized or unauthorized) and use of the Portal via your unique Member name, password or other appropriate security code.

6. No Warranty

Use of the Portal is at your own risk. to the maximum extent permitted by applicable law, the Portal is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, privacy, security, accuracy, timeliness, quality, or non-infringement. Any content downloaded or otherwise obtained through the use of the Portal is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Portal.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we, our affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, or unauthorized use of these Portal.

8.Governing Law and Arbitration

These Terms and Conditions shall be governed by the laws of the Republic of Singapore. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.

9. General

A. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.

B. Amendments

We may, in our sole discretion, modify or update these Terms and Conditions from time to time, such change to be binding immediately. Your continued use of the Portal after any such change constitutes your acceptance of the new Terms and Conditions.

C. Entire Agreement/Severability

These Terms and Conditions and their amendments constitute the entire Terms and Conditions between you and us concerning the Programme. If any provision is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

D. No Waiver.

No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

E. Rights of Third Parties

A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of the Republic of Singapore to enforce or to enjoy the benefit of any terms of the same.

(Updated as of 2 November 2021.)