Kohler Design Community Terms & Conditions
Please carefully read and understand the following Terms and Conditions before you start to register for Membership of Kohler Design Community.
Kohler Design Community (Kohler Design Community Website: www.designcommunity.kohler.com) is the program managed and operated by Kohler Asia Pacific Limited for the registered interior designers and/or home decorators which will deliver benefits and privileges (“Service”) to the Member (“you”).
1. Acknowledgement and Acceptance
1.1 Once you have registered for Membership successfully, it means that you have understood and fully accepted all provisions of these Terms and Conditions, and these Terms and Conditions will constitute a legally binding agreement between you and Kohler Asia Pacific Limited and its affiliates and subsidiaries (collectively as “Kohler”).If, when reading these Terms and Conditions, you do not agree with these Terms and Conditions or any provisions hereof, you should stop the registration procedures.
1.2 Membership and Services in Kohler Design Community are offered at Kohler’s sole and absolute discretion. Kohler has the right to terminate Kohler Design Community or to change these Terms and Conditions, rules, regulations, policies and procedures, benefits, conditions of participation or points levels, in whole or in part, at any time, even though changes may affect the value of the Kohler Points already accumulated by you. Kohler will inform you of such amendment via email or by posting a notice on Kohler Design Community website. If you continue to use Kohler Design Community after such amendment, it will be deemed that you have read, understood and unconditionally accepted such amendment. Any and all statements, notices, warnings or other information made by Kohler in whatever form with respect to Kohler Design Community, including via announcement, email, text message or otherwise, should be deemed as a part of these Terms and Conditions.
1.3 Privacy Policy displayed on Kohler Design Community Website is an integral part of these Terms and Conditions. If you have registered for Membership successfully, it means that you have understood and fully accepted all provisions of Privacy Policy.
2. Personal Data Collection
2.1 The personal data collected from the application for Membership Account (the “Data”) will be used by Kohler for the purposes of processing your application for membership in Kohler Design Community, making logistical arrangements, compiling statistics and other related matters.
2.2 In applying for Membership Account, it is obligatory for you to supply to Kohler the Data requested in the registration form except as otherwise indicated. If you fail to supply such Data, Kohler will not be able to process your application.
2.3 The Data may be provided to such persons within Kohler whose proper business is to have access to and assist in the processing of the applications and other matters related to the operation of Kohler Design Community. The Data may also be provided to other persons who may help Kohler in attaining the purposes above mentioned.
2.4 Any Data that is provided to anyone outside of Kohler will be restricted to what is necessary and not excessive to achieve any intended purpose.
2.5 You have the right to request access to and correction of the Data. Any such request should be addressed to “Kohler Asia Pacific Limited, 29/F, Siu On Center, 188 Lockhart Road, Wan Chai, Hong Kong”.]
3. Membership Account
3.1 Kohler Design Community is open to interior designers and/or home decorators aged 18 or above only, and membership is not available to corporations or other legal entities. [Only a single membership is allowed within each corporation or other legal entity in Hong Kong.]
3.2 You shall provide Kohler with accurate registration information (including the Data) when applying for Membership Account, including but not limited to email address, full name, birthday, mobile phone, region, gender, company, business title, company phone, password etc. During the registration process, a verification code will be required and sent to your assigned email, you must fill in the code to complete the registration process. You shall provide true and accurate information. If you are unable to use the Service due to inaccurate or false information provided by you or any other reasons, Kohler will not assume any liabilities therefore. You shall maintain and duly update registration information to ensure such information is updated, complete and accurate all the time. If Kohler cannot contact you using the updated information provided by you, or you fail to provide information in a timely manner as required by Kohler, or the information provided by you is false in any material respect, you should be liable for all losses to and adverse effects on you, other persons and Kohler.
3.3 You shall register only one account. If you have registered more than one Membership Account, all of your accounts may be suspended, and Service may be revoked or consolidated at Kohler’s sole and absolute discretion.
3.4 You shall take care of your own login and password information, and assume legal liability for all activities and events using your account number. You shall not transfer, sell or lend your account number and password to a third party for use. If Kohler finds any account is not used by a person registering the account, Kohler has the right to temporarily suspend the account without any liability to the person registering or using the account, and you shall be liable for any suspension of account, failure to access to information, loss of data or otherwise caused thereby. If you find your login and password information is illegally used by others, you should notify Kohler immediately. Kohler has the right not to assume the liability if your login or password is illegally used by others due to hacking or negligence in password keeping.
3.5 Kohler reserves the right to audit Members’ Accounts at any time to ensure compliance with these Terms and Conditions, without notice to you. During the course of an audit or investigation, your Account information may be disclosed to third parties with whom Kohler has contracted to assist in performing such audit or investigation. In the event that an audit reveals discrepancies or possible violations, Kohler may delay the processing of Kohler Points redemption requests, cancel any outstanding Kohler Points redemption, withhold statements or suspend your Membership and/or your Account pending completion of the audit. While your Account is suspended, you may continue to accrue Kohler Points in the Account, but no Kohler Points redemptions or other transactions will be permitted and any outstanding Kohler Points redemption will be cancelled. Upon completion of the audit, if a discrepancy or violation has been determined by Kohler, in addition to any other remedies described herein, Kohler Points may be removed from your Account to remedy such discrepancy or violation with or without notice to you.
4. Kohler Points
4.1 Kohler Point means the unit of measurement for Kohler Design Community, with such Kohler Point being awarded to Members in connection with the purchase of goods of Kohler Kitchen and Bath Group, brands including Kohler, Kallista, Kohler Kitchens, Jacob Delafon, Karat, and/or Englefield (“Kohler Brands”), from Kohler authorized dealers and/or showrooms.
4.2 You may earn Kohler Points in various ways, including:
4.2.1 By submitting invoice which meet the requirements of Kohler to support the documents at Kohler Design Community Website. Except for Hong Kong, all the documents shall be submitted within 180 days from invoice date, verified and approved by Kohler, and Kohler has right to ask Member to submit more supporting documents at any time. For Hong Kong, invoice shall be submitted within 90 days from invoice date with below conditions applied:
• Purchase of products for a maximum of 5 residential units or 5 commercial units.
• For KOHLER and KALLISTA items, if invoice value over HK$500,000, points beyond the HK$500,000 ceiling will be forfeited.
• For KOHLER KITCHENS items, if invoice value over HK$100,000, points beyond the HK$100,000 ceiling will be forfeited.
4.2.2 By participating activities hosted by Kohler that stated to be eligible to earn Kohler Points, and follow instructions listed to earn Kohler Points.
4.3 Conversion Formulas:
Hong Kong: 1 Hong Kong Dollar convert to 1 Kohler Point
Taiwan: 10 Taiwan New Dollar convert to 1 Kohler Point
Thailand: 50 Thai baht convert to 1 Kohler Point
4.4 Three Tiers of Membership as calculated by Kohler Points:
Silver Membership: 0-59,999 Kohler Points
Gold Membership: 60,000-99,999 Kohler Points
Diamond Membership: 100,000 or above Kohler Points
Kohler will announce the promotions and offers to each Tiers of Membership on Kohler Design Community and reserve the right to modify.
4.5 Kohler Points are valid until the 31st December of the second year from which Kohler Points are credited to your Account. Kohler has the discretion to rescind any erroneous or fraudulent Kohler Points credited, including where there is a service dispute or where you return any items previously transacted with Kohler authorized dealers and/or showrooms. Kohler may vary the methods or procedures for the accrual of Kohler Points at any time.
4.6 Kohler has the right to suspend and close an Account which has not recorded any activity for a period of 24 months without notice and all remaining Kohler Points will expire. You shall have no rights to claim against us for any implied value of the outstanding Kohler Points.
4.7 You shall log into your Account on Kohler Design Community Website to redeem Kohler Points. All redemptions are subject to the availability of the goods or services at the time of redemption. Kohler will not be responsible for the quality or fitness for purpose of such goods or services redeemed which are not Kohler’s. Kohler Points are redeemed on a first-in, first-out basis. Any Kohler Points that are not redeemed when it reaches the 31st December of the second year from which Kohler Points are credited to your Account, will expire. If your Membership is terminated, either voluntarily or involuntarily, all outstanding Kohler Points shall be cancelled before they expire. Expired or cancelled Kohler Points cannot be used for redemption. All Kohler Points redemption transactions are non-refundable and non-reversible.
4.8 Kohler Points are not your property. Kohler Points have no cash value and cannot be redeemed for cash. Kohler Points are issued at Kohler’s sole and absolute discretion. Kohler Points cannot be assigned, transferred or pledged to any third parties. Kohler Points cannot be transferred by operation of law or by inheritance. For avoidance of doubt, Kohler Points are for the benefit of valid Members only and any accrued Kohler Points shall immediately be cancelled upon termination of Membership.
5. Content
5.1 Kohler Design Community allows you to submit, post, share and otherwise make available certain information, text, graphics, photos, videos, or other materials (“Content”). You are responsible for the Content you post on Kohler Design Community Website, including its legality, reliability, and appropriateness. Kohler has the right to delete or block the Content you post at any time and without cause.
5.2 You represent and warrant that you have the right to legally post Content on Kohler Design Community Website, i.e. you are the owner of Content or you have obtained the express consent of the owner of Content for your posting. Furthermore, by posting Content on Kohler Design Community Website, you represent and warrant that no Content posted by you contains anything which: (i) is in violation of prohibitive provisions of laws and regulations; (ii) spread political propaganda, feudalistic superstition, obscenity, eroticism, gambling, violence, terrorism or subornation; (iii) is fraudulent, false, inaccurate or misleading; (iv) infringes upon other’s intellectual property, or involves any third party’s trade secret and other proprietary rights; (v) insults, slanders, threatens or involves other’s privacy infringing upon other’s legal interest; (vi) contains any virus, Trojan, Crawler or other malicious virus or program codes which may destroy, distort, delete or affect normal operation of any system of Kohler Design Community or access to date of Kohler Design Community and other users on an unauthorized basis; and (vii) is otherwise in violation of public interest or public morality, or not suitable to be posted on Kohler Design Community Website. Otherwise, Kohler may delete or block the Content posted by you, or even terminate your Membership.
5.3 You retain any and all of your rights to any Content you post on Kohler Design Community Website and you are responsible for protecting those rights. Kohler takes no responsibility and assumes no liability for Content you or any third-party posts on Kohler Design Community Website. You agree to indemnify and defend Kohler against all claims arising out of or based upon your Content.
6. Termination
6.1 You may terminate your Membership at any time by giving written notice to Kohler attention to “Kohler Asia Pacific Limited, 29/F, Siu On Center, 188 Lockhart Road, Wan Chai, Hong Kong”, at which time any outstanding Kohler Points will be cancelled. You shall have no rights to claim against Kohler any value (implied or otherwise) of the outstanding Kohler Points in case of such voluntary termination.
6.2 Kohler may forthwith terminate your Membership if you commit misconduct or fraud, misuse the Kohler Design Community benefits and awards, Service, or fail to comply with these Terms and Conditions. In such circumstances, Kohler shall simultaneously cancel all Kohler Points in your Account.
6.3 Upon the termination, your right to use Service will be terminated. Kohler will assume no liability to you for any termination.
7. Intellectual Property Rights
7.1 The trademarks, logos and service makes (collective the “Trademarks”) displayed on Kohler Design Community Website, are owned by Kohler. Nothing contained on Kohler Design Community Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on Kohler Design Community Website without Kohler’s written permission.
7.2 If you print, copy or download any part of Kohler Design Community Website and/or other means authorized by Kohler in relation to Kohler Design Community in breach of these Terms and Conditions, your right to use Kohler Design Community Website and/or other means authorized by Kohler in relation to Kohler Design Community will cease immediately and you must, at Kohler’s option, return or destroy any copies of the materials you have made.
8. Disclaimer
8.1 You hereby agree to release and hold Kohler harmless from all liability regarding the earning and redemption of Kohler Points or your participation in Kohler Design Community.
8.2 Kohler shall not be liable to you for any indirect or consequential loss, damage or expense of any kind whatsoever arising out of or in connection with Kohler Design Community with respect to the provision or the refusal to provide any benefits and Kohler Points, and the use of redemption rewards, whether such loss, damage or expense is caused by negligence or otherwise, notwithstanding that Kohler may or may not have control over the circumstances giving rise to the claim.
8.3 Kohler has not reviewed all of the sites linked to Kohler Design Community Website and is not responsible for the contents of any off-site pages or any other sites linked to Kohler Design Community Website. Your linking to any other off-site pages or other sites is at your own risk.
9. Indemnity
You agree that you shall be liable for, and exempt Kohler and its officers, managers, agents and employees or any other party engaging in business on behalf of Kohler from, any liabilities and losses (including but not limited to reasonable legal fees and other professional fees) caused by any and all third party claim, action, liability, losses, damages, judgment, costs and fees arising out of or in connection with any of the following (collectively as “Claims”): (i) you or any person permitted by you to use Service fail to comply with or commit a breach of any provision of these Terms and Conditions, or (ii) you or any person permitted by you to use Service commit any violation of any laws or regulations or infringe upon a third party’s rights.
10. Consent
Where you seek to earn Kohler Points in respect of any goods ordered or activities conducted other than on your own behalf, you agree to obtain the prior written consent from each of (i) your customers (“Customers”) and (ii) your employer (where you are acting as an employee), [and provide Kohler with such copy,] acknowledging and agreeing that you may receive Kohler Points from Kohler for recommending Kohler Brands products to your Customers and facilitating the purchase of such products, and that Kohler may credit Kohler Points to your Membership Account upon purchase of Kohler Brands products from Kohler authorized dealers and/or showrooms for and on your Customer’s behalf.]
11. Governing Law and Dispute Resolution
11.1 These Terms and Conditions shall be governed by and construed under the laws of Hong Kong.
11.2 Any dispute arising out of or in connection with these Terms and Conditions, 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 incorporated by reference in this clause.