TERMS AND CONDITIONS OF MEMBERSHIP
I hereby confirm and agree that:
1.1 My continued participation in Ayala Rewards Circle (ARC), also referred to as the “Program”, a program run and managed by the Ayala Group Club, Inc. (hereinafter referred to as “Ayala Group Club”), shall constitute my acceptance of the Terms and Conditions as the same may be amended, modified and supplemented from time to time.
1.2 My membership account is not transferable. Enrolment of several people in a single account (joint account) and multiple enrolments by a single person are strictly not allowed.
1.3 A name change on my record will be accepted upon written notification to Ayala Group Club. Proof of name change is required for this purpose.
1.4 Membership in the Program shall be valid for five (5) years and shall be renewed, subject to the approval of Ayala Group Club. In case of approval by Ayala Group Club, I hereby agree to such renewal, subject to the same terms and conditions, as may be amended by Ayala Group Club from time to time.
1.5 In the event that membership in the Program is discontinued, Ayala Group Club shall retain personal information, sensitive personal information, and privileged information (collectively, “Personal Data”) for a maximum period of one (1) year after member has exited the Program.
1.6 Ayala Group Club reserves the right to review my account at any time for compliance with the Program’s Terms and Conditions without prior notice being given.
2. GENERAL TERMS FOR THE REWARDS PROGRAM
2.1 ARC rewards and privileges, where applicable, are subject to availability and are redeemable on a first-come, first-served basis. Ayala Group Club reserves the right, in its absolute discretion, to cancel, change, substitute or discontinue the rewards/privileges/benefits, or make any amendments to, change or substitute or impose new conditions relating to the rewards/privileges/benefits at any time with or without prior notice to me.
2.2 Ayala Group Club may revise the Program rules or Program benefits without prior notice. Ayala Group Club reserves the right at any time to change or discontinue, without limitation, the following:
- Program partners or participating organizations
- The rewards/privileges structure and the availability of rewards/privileges
- The features of special offers and promotions.
I likewise acknowledge that rewards/privileges/benefits from Program partners are dependent on the partner’s continued participation in the Program.
2.3 Merchants are not obliged to reserve stock or goods for Program members and neither Ayala Group Club nor its merchants shall be liable or responsible in the event of any shortage.
2.4 Redemption of the Program’s rewards/privileges/benefits shall be subject to the individual merchant’s and/or the Program’s participating companies’ terms and conditions.
3. GENERAL TERMS & CONDITIONS
3.1 Ayala Group Club reserves the right, at any time and without prior notice, to amend, modify or supplement any of these Terms and Conditions, or to terminate any (or all) of the programs mentioned herein.
3.2 Ayala Group Club reserves the right to extend, renew and terminate the Program or any part thereof, at any time with or without notice. Ayala Group Club is not liable to members for any special, consequential, exemplary, indirect damages or for any loss of value, opportunities or benefits that may arise as a result of any changes made to the Program.
3.3 Ayala Group Club shall not be liable for any product or service offered or promised from a participating merchant. Ayala Group Club shall not be held liable for any action that may arise as a result of patronizing a participating merchant.
3.4 Ayala Group Club may assign or subcontract its rights and obligations under these Terms and Conditions in favor of any of its subsidiaries, affiliates, sub-contractors or appointed agents. Ayala Group Club shall not be responsible to me for any delay in the performance or non-performance of its sub-contractors and/or agents due to causes beyond its reasonable control.
3.5 Without prejudice to the application of Clause 3.11, Ayala Group Club shall not be in breach of its obligation of confidentiality if disclosure of my confidential information is pursued in conjunction with its right to assign or subcontract, an order of court, or is required by law or any governmental or regulatory authority. To the extent permitted by law and if the disclosure is not required with immediate effect, Ayala Group Club shall give me prior notice of such disclosure.
3.6 I am fully responsible for keeping myself informed of the Terms and Conditions of the Program, including any amendment, modification or supplement thereto.
3.7 It is my responsibility to keep my mailing address and email address up to date. Any communication sent to me will be regarded as delivered when posted to a mailing address, or sent to my email address, on record. Ayala Group Club will not be responsible for any delayed, misdirected or lost mail or email.
3.8 No forbearance, delay or failure on Ayala Group Club’s part to exercise any power or right under these Terms and Conditions shall operate as a waiver of such power or right, nor shall any single or partial exercise of such power or right preclude any further exercise of that or any power or right.
3.9 These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of the Philippines. I agree to submit myself to the non-exclusive jurisdiction of the courts of Makati City, Philippines.
3.10 All information contained here is correct and current at the time of publication and is subject to change.
3.11 To maintain and implement the Program in connection with its marketing, communication, analysis and research objectives and for me to continue enjoying the rewards, privileges and benefits thereof, I acknowledge and agree that Ayala Group Club, its directors, officers, employees, service providers, authorized representatives and agents (collectively, the “Ayala Group Club”)
(i) will collect, obtain, use, store, process and consolidate (collectively, “process” or “processing”) information about me (including my sensitive Personal Data, contact details, demographic information and account details) to determine suitable promos, events, activities, products and services that I can participate in or avail; and
(ii) may outsource the processing thereof to service providers, whether within or outside the Philippines, with my consent herein given.
3.12 By continuing with my ARC membership or by availing of the rewards/privileges/benefits of the Program, I authorize Ayala Group Club, its related companies (including member-companies), assignees and their respective outsourced service providers to use, share and disclose my information for any or all of the following purposes:
(i) To facilitate the administration, provision, implementation and monitoring of my rewards, benefits and privileges as ARC member;
(ii) To contact or reach out to me through phone calls, mail, email, SMS and e-commerce platforms or any other type of electronic facility which the Ayala Group Club may deem appropriate and provide me with marketing or promotional information and materials relating to promos, events, activities, products and services which I may find interesting;
(iii) To develop, enhance and provide improvements/upgrades in its systems and business processes, including but not limited to data analytics and automated processing;
(iv) To carry out and implement the Program promos, events, activities, products and services which I avail of or participate in from time to time. For any or all of the foregoing purposes, I expressly authorize, from time to time, under an obligation of confidentiality: (i) the Bank of the Philippine Islands, Globe Telecom, Ayala Land, Inc., other Ayala Group Club members, their respective subsidiaries and affiliates (collectively, the “Ayala Group of Companies”) and the marketing and promotional partners and third parties, whether within or outside the Philippines (the “Program partners”), to disclose and share to Ayala Group Club my information as appearing in their respective records; and (ii) for the Ayala Group Club to process my updated information obtained from the Ayala Group of Companies and the Program partners. I agree to inform Ayala Group Club of any changes relating to my information through its email@example.com
The foregoing constitutes my express consent under the applicable confidentiality and data privacy laws of the Philippines and other jurisdictions and I agree to hold the Ayala Group Club, the Ayala Group of Companies, the Program partners and their respective authorized representatives and outsourced service providers free and harmless from any and all liabilities, claims, damages, suits of whatever kind and nature, that may arise in connection with the implementation and compliance with the authorization conferred by me under these Terms and Conditions.
Revised as of 15 January 2019.