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Richco Privileged Membership

Richco Privileged Membership

Terms and Conditions

Effective in June 2021, the loyalty program for Richco Harley-Davidson is Richco Privileged Membership or RPM (hereinafter, the “Loyalty Program”). 

The Loyalty Program operates under the terms and conditions as set out below unless otherwise expressly stated (the “Program Rules”). 

The Program Rules govern the Company’s relationship with members of the Loyalty Program (collectively, “Loyalty Program Members,” and individually, a “Loyalty Program Member,” “Member,” or “you”), including how Members manage their accounts, make purchases, achieve gear status, earn and redeem Loyalty Program points (“Points”).

By opening a Loyalty Program membership account (“Account” or “Membership Account”), or by using either your electronic membership card or the Membership Account number you were assigned (“Membership Number”) to receive and redeem benefits of the Loyalty Program, including, without limitation, Loyalty Program Points, you agree that:

 • you have read and accept these Program Rules; and you have read and accept the Website Terms of Use which are incorporated by reference herein; and

 • you consent to the collection, use, and disclosure of your personal data by the Company, the Loyalty Program, Participating Properties and Partner Programs, and their authorized third-party agents and licensees in accordance with the Company’s Privacy Statement.

All Loyalty Program benefits, amenities, offers and services are subject to availability and may be changed by the Company at any time without notice. The Company may terminate the Loyalty Program, in whole or in part, with six (6) months' advance notice to all active Loyalty Members. At the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Loyalty Members. If the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Redemption Award claims or promotional Award claims will be honored after the conclusion of the notice period.

Except as otherwise expressly prohibited or limited by applicable laws, Company may at any time amend, modify or supplement these Program Rules at any time, with or without notice, even though such changes may affect the value of Points. Loyalty Members are responsible for remaining knowledgeable of the Program Rules and any Program Rule Changes. Your continued participation in the Loyalty Program will constitute your acceptance of any such Program Rule Changes.

1. JOIN THE LOYALTY PROGRAM

1.1 Eligibility.

Membership in the Loyalty Program is free and available to any individual who: (a) possesses the legal authority to agree to the Program Rules; (b) resides in Thailand; (c) provides valid and accurate personal information when enrolling in the Loyalty Program; (e) is not already a member of the Loyalty Program (i.e., does not already have a Membership Account); and (f) has not previously been terminated from the Loyalty Program by the Company.

1.1.a. Members are responsible for reading and understanding the Loyalty Program Rules, Account statements, and other communications from the Company about the Loyalty Program in order to understand his/her rights, responsibilities, and status in the Loyalty Program. If a Member has any questions about the Loyalty Program or these Program Rules, the Member should contact Member Support.

1.1.b. Members are responsible for reading the Company’s Privacy Statement in order to understand how the Company collects, uses, and discloses a Member’s data. If a Member has any questions about the Company’s Privacy Statement or its collection, use, or disclosure of a Member’s data, the Member should contact Member Support.

1.2 Participating Brand

1.2.a. The Participating Brand is: Richco Harley-Davidson

1.3 Benefits of Membership

1.3.a. Earn Points

1.3.b. Redeem Points

1.3.c. Special discounts

1.4 Conditions of Enrollment

1.4.a.  Completing the Enrollment Application.  An individual may apply to enroll in the Loyalty Program by fully and accurately completing an application on the Loyalty Program webpage, at the Showroom, or through another enrollment channel.  The Company may deny membership in the Loyalty Program to any applicant in its sole discretion and without written notice.

1.4.b.  Individual Membership.  Only individuals are eligible for Loyalty Program membership, and each individual may maintain only one Membership Account. All Loyalty Member Accounts are individual Accounts and no joint Accounts are permitted. Loyalty Program benefits are non-transferable unless expressly stated otherwise.

1.4.c.  Types of Membership

i.     Neutral Gear Membership.  Neutral gear membership is the base membership level in the Loyalty Program.

ii.     Drive Gear Membership.  Upon reaching certain milestones, a Member will earn a drive gear membership status and become a Gear 1, Gear 2, Gear 3, Gear 4, Gear 5, or Gear 6 Member (collectively, “Drive Gear Membership Status,” or “Drive Gear Status”). The requirements for earning Drive Gear Status are set forth in Section 4.

1.4.d.  Assignment of Membership Account and Membership Number.  After applying to the Loyalty Program, a Membership Account will be opened and a Membership Number will be assigned to each applicant.  Upon receiving this Membership Number, an individual becomes a Member eligible to earn Points Further details are outlined in Section 1.5 and Section 2.

1.4.e.  Duplicate Accounts.  An individual may join the Loyalty Program. However, a Member may not have one or more duplicate Accounts under the Loyalty Program at any time.

i.     If more than one Loyalty Program Membership Number is assigned to an individual for the Loyalty Program, he/she will only receive Points for one Membership Account. Duplicate Membership Accounts may be cancelled.

ii.     A Member with individual Membership Accounts in the Loyalty Program will not be able to link these Accounts, transfer points across Accounts, or have Drive Gear Status matched. The Member must combine them into a single Membership Account with one number, one Drive Gear Status, and one Points balance. Combining Accounts can be requested at the Showroom.

1.4.f.  Personal Profile.  Information provided by a Member will be maintained in a personal preference profile with the Membership Account.  All information provided by a Member in his/her personal profile must be valid and accurate and must be kept current. 

i.     A Member may change his/her address by changing his/her information on the Account Profile on the Loyalty Program website or at the Showroom. In certain instances, address changes may require supporting legal documentation.

ii.     Name changes to a Membership Account must include supporting legal documentation, signature, date and Membership Number.  More information is in our Frequently Asked Questions or Member Support.

1.4.g.  Use of Information Collected in Application.  The information a Member provides to the Company when completing the Loyalty Program application and redeeming Points is processed in accordance with the Company’s Privacy Statement.  Communication of relevant information is important to administering the Loyalty Program and providing each Member with the opportunity to maximize the benefits of Membership.  The Loyalty Program will only disclose Member information to:  the Company, person(s) authorized by the Member; franchisees, fulfillment houses, and email service providers; and marketing companies that provide services to the Company.  Member information will, in each case, only be disclosed for one or more of the following purposes:  1) in order to better service the Membership Account and the Member’s preferences by keeping the Member informed of Account status and activities through electronic statements; 2) to assess a Member’s entitlement to benefits; 3) to collect and process Member charges incurred at the Company’s facilities; 4) to offer a Member additional products and services; 5) to send periodic satisfaction or market research surveys; and/or 6) to offer a Member products or services from select reputable companies with whom the Loyalty Program has a strategic relationship because the Loyalty Program believes their offerings will be of interest to the Member.  In choosing to become a Loyalty Program Member, the Member consents to receive all the types of information described above, but the Member will be given the opportunity to define and modify mailing and other communication preferences.

1.5 Membership Communications

1.5.a.  New Members will receive RPM Loyalty Program communications. 

1.5.b.  All Loyalty Program communications will be sent to a Member’s mailing address or email address currently provided in the Member’s Account.  Communications delivered to the address on file will be deemed to have been received one (1) business day after sending it if delivered to the Member’s email address or five (5) business days after sending it if delivered to the mailing address provided.  Members must keep their email and mailing addresses current.  Neither the Company nor the Loyalty Program shall have any responsibility for misdirected or lost mail or any consequences thereof.

1.5.c.  Members will receive regular Points balance reports by email, provided there has been a transaction on the Account since the last Points balance report and the Member provided the Company with the appropriate permission to contact the Member via email.

1.5.d.  The Company may also send Members promotions, offers and other communications from time to time, which may include, without limitation, items from third parties.  The items from third parties are based on the information provided to the Company by a Member and any additional data the Company may maintain.  Members may change personal details and communications preferences at any time in the Account Profile on the  Loyalty Program website  or at the Showroom; however, the Company may require a Member to send supporting documentation prior to allowing certain changes (e.g., legal name changes).

1.5.e.  A Member can review his/her Points balance and transaction history and update personal details and preferences in the Account Profile on the Loyalty Program website. A Membership Number or his/her user name and password are required to access the website.

1.6 Earning Points.

Members may earn Points (the currency of the Loyalty Program), for eligible transactions at the Showroom in accordance with Section 2.

1.6.a.  Points Subject to Program Rules.  As set forth in Section 1.1.a., the accumulation of Points is subject to the Program Rules.  Each Loyalty Program Member is responsible for reading the Program Rules, newsletters, and Account statements in order to understand his or her rights, responsibilities, and status in the Loyalty Program, as well as the structure for earning Rewards.

1.6.b.  Taxes.  Points earned through participating in the Loyalty Program may be subject to tax liability.  Any tax liability, including disclosure, connected with the receipt or use of Points is the sole responsibility of the Member.

1.6.c.  Conditions for Transferring Points.  Accrued Points do not constitute property of the Member.  Points accrued by a Loyalty Program Member are for the Member’s benefit only and may not be transferred to anyone except as provided below.

i.      Transferring Points to Accounts of Family or Friends.  There is a limited exception to the restriction on the transfer of a Member’s Points to the accounts of friends or family, provided both Accounts are in good standing.  See Section 2.8 for more information.

ii.      Death.  In the event of a Member’s death, the Company may, in its sole discretion, allow unredeemed Points from the deceased Member’s Account to be transferred to a family member or a friend who is an active Member upon the Company’s receipt and review of all requested documentation and communications.

iii.      Divorce.  In the event of a Member’s adjudicated divorce settlement, the Company may, in its sole discretion, allow unredeemed Points to be transferred from one Member’s Account to another Member’s Account upon the Company’s receipt and review of all requested documentation and communications including, without limitation, legal documents directing such a transfer of Points.

iv.      Members are prohibited from bartering or selling Points for cash or other consideration pursuant to Section 1.7.h.

v.      Any Points which the Loyalty Program deems in its sole discretion to have been transferred in violation of the Loyalty Program Terms and Conditions may be confiscated.

1.6.d.  Points Expiration Policy.  Members must remain active in the Loyalty Program to retain Points they accumulate.  If a Member Account is inactive for twelve (12) consecutive months, that Member Account will forfeit all accumulated Points.  Members can remain active in the Loyalty Program and retain accumulated Points by earning Points in the Loyalty Program or redeeming Points in the Loyalty Program at least once every twelve (12) months, subject to the exceptions described below.  If a Member does not maintain an active status for five (5) consecutive years, the Member’s Account may be deactivated.  Once Points are forfeited, the Points cannot be reinstated, but a Member can earn new Points, unless that Member’s Account has been deactivated.

i.      Not all Points activities help maintain active status in the Loyalty Program.  Examples of activities that do not count toward maintaining an active status in the Loyalty Program include, but are not limited to:

A.      Gifting or transferring Points; 

B.      Receiving Points as a gift or transfer;

C.        Accruing points other than through a purchase at the Showroom (e.g. Checking in, Liking or Sharing a social media post)

1.7 Other Conditions of Enrollment

1.7.a.  Cancelling or Suspending Membership Accounts

i.        Cancelling by Member. A Member may cancel his/her membership in the Loyalty Program at any time by sending written notice of cancellation to Member Support. All unredeemed Points, as well as member status, including Drive Gear Status, will be forfeited immediately and may not be reinstated or transferred.

ii.        Cancelling or Suspending by the Company. The Company may cancel a Member’s accumulated Points, suspend Loyalty Program benefits or cancel a Member’s Account at any time with immediate effect and without written notice, for any reason and in the Company's sole discretion including, without limitation, if the Company believes the Member has:

A.        Acted in a manner inconsistent with applicable laws, regulations, ordinances;

B.        Failed to pay any invoice when due to the Company;

C.        Acted in an inappropriate, fraudulent, abusive or hostile manner;

D.        Breached or violated any of these Program Rules or the Website Terms of Use;

E.        Fraudulently claimed eligibility to earn Points or other benefits; or

F.        Engaged in any misconduct or wrongdoing in connection with the Loyalty Program including, without limitation, with respect to Points, or any other Loyalty Program Member benefits.

iii.        Bankruptcy. Subject to applicable law, a Member’s membership in the Loyalty Program will terminate automatically upon the Member filing for bankruptcy or otherwise being subject to a bankruptcy proceeding.

iv.        Legal Action. Nothing contained in these Program Rules will limit the Company in the exercise of any legal or equitable rights or remedies.

1.7.b.  Effect of Membership Cancellation

i.        The Loyalty Program, Points and other related benefits and services are the sole property of the Company, and are not the property of Members. On cancellation of membership in the Loyalty Program for any reason, all unredeemed Points will be forfeited and a Member will no longer be able to participate in the Loyalty Program. Points have no cash value and the Company will not compensate or pay cash for any forfeited or unused Points.

ii.        If the Company cancels a Member’s Account for any reason, the Member may not reapply for membership in the Loyalty Program except in very limited circumstances at Company’s sole discretion, and any Account opened in the Member’s name and Points earned in that Account will be forfeited upon discovery.

iii.        If a Member cancels his/her Account, or if a Member Account becomes inactive as described in Section 1.5.d. the Member may reapply for membership in the Loyalty Program at a later date, but no Points previously forfeited or expired will be reinstated to the Member Account and any Drive Gear Membership Status will not be reinstated.

iv.        Any Drive Gear Membership Status terminates upon cancellation of a Member Account.

1.7.c.  Modification of Program. Except as otherwise expressly prohibited or limited by applicable laws, the Company has the right to change, limit, modify or cancel the Loyalty Program Rules at any time, with or without notice, even though such changes may affect the value of Points. The Company may, among other things: (i) increase or decrease the number of Points received for a transaction or required for an Award; (ii) withdraw, limit, modify or cancel any Award; (iii) add blackout dates, limit products available for any Award or otherwise restrict the continued availability of Awards; (iv) change program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules governing the use of Awards; (v) change or cancel its partner awards. In accumulating Points, Members may not rely upon the continued availability of any Award or Award level and category.

1.7.d.  Termination of Program. The Company may terminate the Loyalty Program with six (6) months' advance notice to all active Loyalty Members. At the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Loyalty Members. A Member may not accumulate Points or claim Redemption Awards, promotional Awards or Loyalty Program benefits or amenities after the termination of the Loyalty Program. If the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Redemption Award claims or promotional Award claims will be honored after the conclusion of the notice period.

1.7.e.  Benefits Subject to Availability and Modification. All Loyalty Program benefits, offers, awards and services are subject to availability and may be changed at any time without notice.

1.7.f.  Eligibility to Receive Benefits. By accepting any Loyalty Program benefits, offers, awards or services, including, without limitation, any Points, Redemption Awards and promotional Awards, a Member acknowledges that he/she is responsible for determining whether he/she is eligible to receive, and that he/she is eligible to receive, such Loyalty Program benefits, offers, awards or services (including, without limitation, Points, Redemption Awards and promotional Awards) under applicable laws, gift policies and incentive policies. Each Member must immediately notify the Company if he/she is not eligible to receive any Loyalty Program benefits, amenities, offers, awards or services at any time.

1.7.g.  Eligibility Notification. A Member must promptly notify the Company in the event that (i) he/she is not eligible for any reason, including, without limitation, pursuant to any applicable laws, gift policies or incentive policies, to earn Points, Drive Gear Membership Status, or any other benefits that a Member may earn under the Loyalty Program, or (ii) his/her Member Account has been credited with any Points, Drive Gear Membership Status, or any other benefit that a Member may earn under the Loyalty Program that he/she has not earned or is not eligible to earn.

1.7.h.  No Sale or Transfer. Points, Redemption Awards, promotional Awards and other Member benefits may not be sold, bartered or transferred (other than by the Company or its agents). Any attempted transfer, sale or barter will be void and will be confiscated. The Company and its partners may refuse to honor or recognize any Points, Redemption Awards, promotional Awards or Member benefits which the Company believes may have been transferred, sold or bartered.

2. EARN POINTS

2.1 Earning Opportunities

2.1.a. A Member will earn:

i.     Ten (10) base Points for each thousand (1,000) baht, that is incurred and paid for by the Member on Qualifying Transactions in accordance with Section 2.1.b; and

ii.     Drive Gear bonus Points, provided the Member has met the Drive Gear Membership Requirements for Drive Gear Membership Status as outlined in Section 4.2. The amount of bonus Points a Member earns will depend on the Member’s achieved Drive Gear pursuant to Section 4.2:

2.1.b. Qualifying Transactions. “Qualifying Transactions” are:

i.     Full price purchases at the Showroom, including, without limitation, charges for:

A.     Workshop labor and subcontracted labor;

B.     Genuine Harley-Davidson parts, except painted parts, motorcycle frames, engine blocks;

B.     Genuine Harley-Davidson accessories, tyres, oils and Motorclothes;

C.     Harley-Davidson Official Licensed Products;

D.     Certain non-franchise products as indicated on the product;

provided the Member provides his/her Membership Number at the time of purchase and pays for the charges; or

2.1.c. Non-Qualifying Transactions. Transactions which do not qualify for Points include any complimentary services, Points redemption Awards, promotional Awards or any other fees or charges including, without limitation: (A) Discounted products; (B) transactions made using any other membership discount or loyalty program, including, without limitation, HOG Chiang Mai Chapter membership and HOG International membership; (C) charges for HOG merchandise and HOG Chiang Mai Chapter membership fees; 

2.2 Individual Earning for Qualifying Transactions

2.2.a.  No other person except the Member may earn Points on Qualifying Transactions for his/her Membership Account.

3. REDEEM POINTS

3.1 Redeeming Points for Awards.

A Member may redeem Points to obtain certain awards and benefits (each an “Award” or “Award Redemption”) including, without limitation, limited offer merchandise, and other services.  A full listing of current Award Redemption options is available on the Loyalty Program website under “USE POINTS.”

3.1.a.  Points and Awards may not be exchanged or redeemed by a Member for cash, prizes or credit.

3.1.c.  Awards are valid only for use by the individual designated on the Award and are not transferable.

3.1.d.  Awards believed to have been bartered, sold, exchanged, or issued fraudulently, or issued to someone other than the eligible Member, will be void and will not be honored.

3.2 Instant Redemptions.

Members may redeem Points directly against Qualifying Transactions at the rate of 1 point for 1 baht which they may apply as a credit against their outstanding invoice provided the Points are posted to their membership account more than 24 hours in advance of the transaction. 

3.2.a. A request for Instant Redemption Award may only be made by a Member of the Loyalty Program who is in good standing. As proof of eligibility, a valid Membership Number is required when redeeming an Instant Redemption Award.

3.2.b. Instant Redemption Awards are valid only when used toward the expenses charged to a Member’s ouststanding invoice. Instant Redemption Awards cannot be redeemed for cash or gift cards. Instant Redemption Award credits may be used by the Member only and may not be gifted.

3.2.d. Redeemed Instant Redemption Awards are not refundable, exchangeable, replaceable or transferable for cash or credit.

4. DRIVE GEAR MEMBERSHIP

4.1 Drive Gear Membership General

4.1.a.  Drive Gear membership is an exclusive privilege of RPM Loyalty Program Membership. All Program Rules apply to Drive Gear membership. The Loyalty Program has the right to terminate the Drive Gear recognition program (the “Drive Gear Program” or the “Drive Gear Membership Program”) at any time by providing advance notice to Members in accordance with section 1.7.d. The Loyalty Program has the right to change, limit, modify or cancel the Program Rules for the Drive Gear Program at any time, with or without notice, pursuant to section 1.7.c. 

4.1.b.  Pursuant to section 1.7.a., the Company reserves the right to revoke, cancel or suspend a Member’s Drive Gear membership status, any Loyalty Program Membership, Award, and/or any and all unredeemed Points, or take other action at its discretion, at any time with immediate effect and without written notice if the Company believes the Member has (a) violated any of the Program Rules, (b) failed to pay any bills or accounts due to the Company, (c) acted in a manner inconsistent with applicable law, regulations or ordinances, (d) engaged in any misconduct or wrongdoing in connection with the RPM Loyalty Program, including without limitation, involving Point credit, Award use, or Member benefits, or (e) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the RPM Loyalty Program, the Showroom, customers, or the Company or its employees. Nothing in these Program Rules will limit the Company from exercising any legal rights or remedies that it may have.

4.1.c.  Benefits of Drive Gear membership apply to Qualifying Transactions (as described in Section 2.1.e.) and are reserved for Members only.

Drive Gear Members will receive Drive Gear membership benefits including, without limitation:  bonus Points, priority event invitations and private promotions. Benefits vary by Drive Gear membership tier.  More information can be found in section 4.3.

4.2 Drive Gear Membership Requirements

4.2.a.  Only transactions conducted personally by and individually billed to a Drive Gear Member are credited toward the Drive Gear Member’s Drive Gear membership achievement and renewal thereof.

4.2.b.  To achieve or renew Drive Gear membership status, the following value of Qualifying Transactions (“Minimum Requirement”) must be charged and fully paid between January 1 and December 31 of any given year:

i.    Drive Gear 1: 10,000 to 19,999 baht

ii.    Drive Gear 2: 20,000 to 49,999 baht

iii.    Drive Gear 3: 50,000 to 99,999 baht

iv.    Drive Gear 4: 100,000 to 149,999 baht

v.    Drive Gear 5: 150,000 baht or more

5. ADDITIONAL TERMS OF PARTICIPATION IN THE LOYALTY PROGRAM

5.1 Monitoring Membership Accounts

The Company reserves the right to monitor the Accounts of all Members, at any time and without notice, for compliance with Program Rules.  The Company may review all Members’ Points and transaction history including, without limitation, requests for Loyalty Program Awards, promotional Awards and other benefits.

5.2 Adjustments

A Member may request credits for Points or Drive Gear Status (other than Drive Gear Night Credit earned pursuant to Section 4) that are not reflected in a Member’s Account by contacting Member Support. Such a request must be received within three (3) months of the applicable Qualifying Transaction to receive any credit.

5.3 Correction of Benefits

At any time and in the Company’s sole discretion (including, without limitation, where a Member was not eligible to earn a specific benefit pursuant to these Program Rules), the Company may correct (i) the amount of Points credited to a Member’s Account, and (ii) any other benefit that has been credited to a Member’s Account, including, without limitation, any Drive Gear Membership Status.

5.4 Taxes

Points, Redemption Awards, promotional Awards and other Member benefits may be subject to income or other taxes.  The Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which the Member earned Points.  The Company will not be liable for any tax liability, duty or other charges in connection with the issuance of Points, Redemption Awards, promotional Awards and other Member benefits.

5.5 No Warranties or Representations, Express or Implied

The Company makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program.

5.6 Operation of the Loyalty Program

The Company administers the Loyalty Program.  The Company promotes the Loyalty Program including, without limitation, by creating and launching marketing campaigns, developing and maintaining the Loyalty Program website and managing partner relationships.

5.7 Not Responsible for Acts, Errors, or Omissions

The Company is not responsible for:  (a) any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests, Redemption Awards or Member benefits; (b) theft or unauthorized redemption of Points or Redemption Awards or use of a Redemption Award; (c) any acts or omissions of third parties (including, without limitation, Participating Properties); or (d) any errors published in relation to the Loyalty Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Loyalty Program affiliates, and errors in the crediting or debiting of Points from Member Accounts.  The Company reserves the right to correct, without notice, any errors.

5.8 Interpretation of Loyalty Program Rules

All interpretations of these Loyalty Program Rules regarding membership are at the Company’s sole discretion, and the Company’s decisions will be final.  In the event of any discrepancy between the English version and any translated version of these Program Rules, the English language version will govern.

5.9 Trademarks

The Company is the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Richco Group (Thailand) Co., Ltd., Harley-Davidson, and its affiliates.  Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.

5.10 Waiver

The Company’s waiver of any breach of these Loyalty Program Rules by any Member will not constitute a waiver of any other prior or subsequent breach of these Program Rules.  The Company’s failure to insist upon strict compliance with these Loyalty Program Rules by any Member will not be deemed a waiver of any rights or remedies the Company may have against that or any other Member.  The Company may waive compliance with these Program Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members.

5.11 Limitation of Liability

IN NO EVENT WILL RICHCO GROUP (THAILAND) CO., LTD., ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE LOYALTY PROGRAM, THESE PROGRAM RULES, OR THE COMPANY’S OPERATION OF THE LOYALTY PROGRAM.

5.12 Choice of Law and Venue

Any disputes arising out of or related to the Loyalty Program or these Program Rules will be handled individually, and will be governed by, construed and enforced in accordance with the laws of Thailand.

5.13 Subject to Law

Membership in the Loyalty Program and the earning and redeeming of Points are subject to all applicable local laws and regulations.  Membership in the Loyalty Program, Member benefits, Redemption Awards and promotional Awards are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the Kingdom of Thailand Member’s jurisdiction of residence.  If any part of these Loyalty Program Rules is held to be unlawful or unenforceable, that part will be deemed deleted from these Program Rules in such jurisdiction and the remaining provisions will remain in force, subject to Sections 1.7.c. and 1.7.d.

5.14 Entire Agreement

The Loyalty Program Rules, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and Members relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Loyalty Program website.