- 所有单板机（包括但不限于树莓派、BeagleBone 、Micro Bit及其套件等）产品不参加此活动。①
- 指定人员将代表账户持有方负责奖品的接收、再分配、使用。 客户使用礼品卡还应当遵守第三方公布的礼品卡使用规则。如因账户持有方自身原因导致任何无法使用或者限制使用礼品卡的情况，易络盟将不承担任何责任。
- 奖品条款：奖品将基于第三方的条款和条件发放并使用。对于奖品使用的条款和条件或任何由第三方提供的服务、或第三方未能提供货物或服务而引起的纠纷、索赔或权利主张，易络盟均不承担任何责任。易络盟仅负责购买并安排提供礼品卡或其他构成奖品的内容，并不承担因奖品的运输、 分配、激活、使用、结算或者因其可用性、有效性而产生的或与之相关的任何损害、损失、费用、赔偿的责任。在法律允许的最大限度内，易络盟特此明确排除一切其他的保证或陈述。
- 责任限制：受限于条款5.1所述，易络盟、其母公司或任何易络盟的子公司，或上述母公司和子公司的董事、高级职员和雇员（在本文条款中，以上统称为“关联方”）均未对本活动或其可能的奖品作出任何明示或暗示的担保、保证或表述。对账户持有方注册本活动或参与本活动产生的任何相关责任、索赔、兑现或活动奖品的价值、该奖品的送达、使用或享用、或任何与上述内容相关的事件或情形，易络盟或任何其关联方均不承担责任。特此明确排除上述内容中任何对于条件、可销售性或恰当性、适用性的暗示性保证。在法律允许的最大限度下，如果易络盟存在任何上述责任，那么，易络盟与该活动相关的任何责任仅限于相关账户持有方应得的奖品的价值。 在本文条款中，“责任”是指：任何及一切由相关事件直接或间接引发的成本、费用、赔偿、赔偿金、诉讼、诉讼程序、要求、损失以及其他责任（包括以全额赔偿为基准的律师费）。
eluomeng electronics (China) Co.,Ltd (“eluomeng”) – Terms and Conditions for Loyalty Campaign
Updated in Jun 2020
End date: Long term. But eluomeng reserves the right to bring the Promotion to an end on 30 days’ notice at any time
Promoter: eluomeng electronics (China) Co., Ltd. (“eluomeng”)
Rewards: shopping vouchers or its equivalence issued by the 3rd party appointed by eluomeng
- OVERVIEW OF THE PROMOTION
- This Promotion: This loyalty campaign allows accountholders to earn rewards by placing orders and buying goods from eluomeng.
- Promotion Organizer: This promotion is offered by eluomeng electronics (China) Co., Ltd, trading as eluomeng (and known as ‘eluomeng’ in these terms). eluomeng may purchase shopping vouchers or any equivalence in various amount from reputable 3rd party platform (the 3rd party) who will be responsible for the distribution and delivery.
- Term of Promotion: The registration time for this promotion is from June 1, 2020 to June 30, 2020. The account holder must sign back the authorization letter before June 30, 2020 to become a valid participant of this year's promotion. But eluomeng reserves the right to bring the promotion to an end at any time on not less than 30 days’ notice in writing to Designated Person(s) (which notice will be sent by email and posted to the website: cn.element14.com).
- Eligible customers: This promotion is only open to accountholders of eluomeng which is the counterparty to any order or which holds the account with eluomeng (known as "Accountholder" in these terms). Only Accountholders achieving the requisite level of Average Monthly Spend (as defined below) will be entitled to rewards under this promotion. An individual, organization or entity which purchases from eluomeng under the same account name and ID number is regarded as an “Accountholder” in these terms.
- The following Accountholders may be excluded from participation in this promotion:
- Current or former Public officials, civil servants or their relatives or any person with close relationship;
- Governmental departments or institutions (including state-owned entities, public institutions, people’s organizations) and their employees, officers or agents;
- Any Accountholder which fails to enter into an Authorization Contract (as defined below) with eluomeng relating to this promotion;
- Directors, officers, employees or representatives of eluomeng or any Agent and their respective relatives and members of their households;
- Individuals or entities deemed by eluomeng to be its competitors or suppliers (and so that eluomeng’s decision as to which such individuals or entities are its competitors or suppliers shall be final);
- The accountholder who has already participate in any promotion including without limitation rebate program.
- Qualifying Spend:
- Accountholders whose FY20 (ie from July 1, 2019 to June 30, 2020) average monthly spend (excluding Tax) is equal to or exceeds RMB 6,500 are eligible to take part in this promotion.
- Each full fiscal month defined by eluomeng (“fiscal month”) during the Promotion Period is a Target Month.
- Average Monthly Spend in respect of any Target Month is the average Spend of the Accountholder over the three consecutive fiscal month period immediately preceding any Target Month, and the average monthly spend of the three consecutive fiscal months period must be higher than FY20 (ie from July 1, 2019 to June 30, 2020) average monthly spend.
- Earning rewards:
- In order for any Accountholder to earn rewards under this promotion, the Spend of that Accountholder in the relevant Target Month (“Target Spend”) must be equal to or more than 125% of the Average Monthly Spend for that Target Month.
- The amount by which the Target Spend equals or is more than 100% of the Average Monthly Spend for that Target Month is referred to in these terms as the “Incremental Spend”. Any Accountholder qualifying for rewards under this 3.2 will receive rewards equal in value to 5% of the Incremental Spend provided that the value of the Rewards cannot exceed 3% of the Target Spend in that Target Month.
- Spend: In these terms ‘Spend’ means the total aggregate amount invoiced to the Accountholder by eluomeng at any time during the relevant period , in respect of the purchase price of all goods ordered by the Accountholder from eluomeng (provided that eluomeng reserves the right to exclude the purchase price of any goods which are not paid for by the appropriate payment dates or are returned and to re-calculate Spend to take account of any such exclusions) but excluding:
- Any costs of delivery and packing, amounts paid in respect of VAT, sales taxes or duties.
- Where an Accountholder participates in this promotion through more than one Representative, orders placed by the Representative(s) representing such Accountholder will be aggregated for the purposes of determining the Spend of that Accountholder.
- Target Spend taken into account for the purposes of this promotion will not be taken into account for the purposes of any other promotion offered or operated by eluomeng during the Promotion Period. This includes (but is not limited to) promotions offering incentives such as shopping vouchers, as well as sweepstakes and prize draws (but may not, at eluomeng’s discretion, include promotions which are not dependent on the customer making any purchases from eluomeng).
- All the single board computers (including Raspberry Pi, BeagleBone, Micro Bit or their accessories) are not involved in this campaign and the sales of the same will not be counted as Target Spend ①
- eluomeng reserves the right to exclude or bar any Accountholder participating in this promotion from taking part in all or any other promotion, offer or campaign operated or run by eluomeng during the Promotion Period.
- Rewards: The rewards available under this promotion as at the date of these terms are shopping vouchers or its equivalence provided by the 3rd party appointed by eluomeng and may be exchanged for a wide range of products and services provided by such 3rd party. The Rewards are non-negotiable and non-refundable and no cash alternative will be offered.
- Issuing of Rewards: The Rewards will be issued by the 3rd party to the Designated Person according to the Authorization Contract. eluomeng will notify the Designated Person by email of the delivery information on the delivery day. Should the delivery information is incorrect or there is dispute about the voucher amount, the Designated Person shall notice eluomeng in writing within 10 days after receiving the email. The delivery will be deemed as undisputed and accepted by the Designated Person if no reply is given by the same within the period. The Designated Person is responsible for any use (including any further distribution) of the Rewards by or on behalf of the Accountholder.
- The Designated Person shall be responsible for the reception, use and sub-distribution of the Rewards on behalf of the Accountholder.
- The use of the shopping vouchers shall also be subject to the rules and regulations published by 3rd party. Eluomeng will in no case be liable for any limited use or unavailability of the shopping vouchers arising due to any reason attributable to the Accountholder. eluomeng reserves the right to replace these rewards with alternatives or substitutes of similar values or to augment them with additional rewards at any time and details of any alternative, substitute or supplemental rewards available will be posted to eluomeng’s website or given in writing otherwise. Rewards offered under this promotion (or any alternatives, additions or substitutes for them on offer from time to time) are referred to in these terms as the ‘Rewards’.
- Tax Liability: Rewards receivable shall be recorded in the financial books accurately and be chargeable to tax in the hands of the Accountholder. Any such liability, including without limitation, any obligation of notification or disclosure connected with the receipt and/or use of any Reward, shall be the sole responsibility of the Accountholder and its Representative(s) shall ensure that such notifications or disclosures are properly made in a timely fashion. The Accountholder shall be solely liable for all and any Liabilities arising out of or in connection with failure of the Accountholder to comply with this Terms and Conditions, breach of any applicable accounting standards or discharge its responsibilities in respect of tax. The Accountholder shall also protect and keep eluomeng indemnified of the same.
- Random checks: eluomeng reserves the right to carry out random checks to ensure that the compliance of dispatch, receipt and use of any Rewards. eluomeng may contact a Accountholder who participates in this promotion.
- Subject to having received an applicable Authorization Contract and all other terms and conditions of this promotion, eluomeng will use its reasonable endeavors to instruct the 3rd party to send the Rewards to the delivery/mailing address of the relevant Designated Person within 60 days after the end of the Target Month. eluomeng will have no liability in the event that this timescale is not met.
- Terms of Rewards: The Rewards are issued by the 3rd party according to its usual terms and conditions. eluomeng will have no responsibility for any dispute, compensation or claim arising from the terms of the Rewards or any services provided by the 3rd party or its failure to provide any goods or services. Eluomeng will only be responsible for the purchase and the arrangement of provision of the shopping vouchers and will not be liable for any lose, damage, expense, cost or compensation arising from or in connection with the delivery, distribution, activation, use, payment of the shopping vouchers or its availability, effectiveness. All further warranties or representations are hereby expressly excluded to the fullest extent permitted at law.
- Saving provision: eluomeng confirms that nothing in these terms will affect any liability for any matter in relation to which it would be illegal for eluomeng to exclude or to attempt to exclude its liability.
- Limitation of Liability: Subject to 5.1, neither eluomeng, its parent company nor any subsidiary of eluomeng or such parent company or any of their directors, officers and employees (together referred to in these terms as the ‘Associates’) makes any guarantee, warranty or representation of any kind, express or implied, with respect to this promotion or the rewards potentially available under it. Neither eluomeng nor any of its Associates shall be responsible for any Liability that may arise out of or in connection with any Accountholder’s registration for or participation in this promotion, the claiming, redemption or value of rewards under it, the delivery, use or enjoyment of such rewards or any events or circumstances arising out of or in connection with any of them. Any implied warranties of condition, merchantability or suitability or fitness for purpose of any of them are hereby expressly excluded. To the fullest extent permitted by law and to the extent that eluomeng has any such Liability, any Liability of eluomeng with respect to the Promotion is limited to the value of the Rewards due to the relevant Accountholder.
- Definition of Liability: Wherever used in these terms, ‘Liability’ shall mean any and all costs, expenses, claims, damages, actions, proceedings, demands, losses and other liabilities (including legal fees and costs on a full indemnity basis) arising directly or indirectly out of or in connection with the matter concerned.
Personal data: By taking part in this promotion or requesting or receiving Rewards under it, the Accountholder confirms his or her consent to the use by eluomeng of his or her personal data for the purpose of this promotion, including the provision of that data to any 3rd party. The Accountholder further confirms that its Representatives, Designated Person and Senior Person also consent to the use of their data by eluomeng for these purposes and that the Accountholder has authority to provide this confirmation on their behalf. Any such consent shall not affect any consent or other permission or right which eluomeng otherwise has to use that personal data for other purposes (such as marketing). This promotion is subject to the pricy policy of eluomeng which is available at cn.element14.com.
- The 3rd party: Any 3rd party appointed by eluomeng has no right or authority to make any representations on behalf of or to bind eluomeng.
- Promotion Assignment: The rights and obligations of eluomeng under the promotion may be assigned or transferred by eluomeng to any other related or unrelated entity at any time, and performance thereafter shall be the responsibility of that entity.
- Notice of Changes: eluomeng reserves the right to amend the terms of this promotion at any time. The latest version of these terms at any time will be set out on the Site and any changes to them will be effective immediately unless stated otherwise. Without limiting the generality of this clause, such changes may include closing registration for the promotion prior to the end of the Promotion Period or changes to the scheduled date for termination of the Promotion Period in 1(iii)
- Violation of the terms of the promotion: In the event of any suspected fraud, impropriety or breach of the terms of this promotion, eluomeng reserves the right to take such action as it sees fit, including reference to appropriate governmental authorities, the forfeiture or take-back of Rewards, suspension or cancellation of any Accountholder’s participation in the promotion or any part of it, with or without notice.
- Interpretation: Interpretations of terms of this promotion shall be at the sole discretion of eluomeng. The decision of eluomeng is binding on all matters concerning the promotion. Neither the promotion nor any benefit offered by the promotion creates, constitutes or gives rise to any legal or contractual rights by Accountholder against eluomeng or any of its Associates.
- Governing law: This promotion and dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the PRC law and all Accountholders irrevocably agree that the courts of PRC shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this promotion.
① From 1st February, 2017, all Raspberry Pi products are not involved in this campaign and the sales of the same will not be counted as Target Spend. From 1st July, 2018 all the single board computers (including Raspberry Pi, BeagleBone, Micro Bit or their accessories) are not involved in this campaign and the sales of the same will not be counted as Target Spend.