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Terms and Conditions of Membership

These terms and conditions govern the PizzaMarzano membership program held by Marzano China (all subsidiaries in China of PizzaExpress Group Holdings Limited, including Pizzaexpress (Shanghai) Limited, Pizzaexpress Beijing Limited and Pizzaexpress (Shenzhen) Limited.) (the “PizzaMarzano”) and constitute a legal agreement between you and the PizzaMarzano. Capitalized terms used in these terms and conditions (and not otherwise defined herein) will have the meanings set forth in the “Definitions” section below.

 

You affirm, represent and warrant that you are at least 18 years of age (or if you are less than 18 years of age, you have your parents’ or legal guardian’s consent), and are fully able and competent to enter into these terms and conditions and to abide by and comply with them. You agree to provide complete and accurate information as requested by PizzaMarzano such as when creating your PizzaMarzano Account with PizzaMarzano, including your real name, email address and telephone number. You also agree to maintain and promptly update your PizzaMarzano Account information to keep it accurate, current and complete.

 

By clicking the “Set Up Immediately”, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them. If you do not agree to these terms and conditions, please close this window and do not register your PizzaMarzano Account.

 

Definitions

“China” refers to the purposes of these terms and conditions, the People’s Republic of China, excluding Hong Kong, Macau and Taiwan.

“Participating Restaurants” refers to restaurants of PizzaMarzano and PizzaExpress managed by Pizzaexpress (Shanghai) Limited, Pizzaexpress Beijing Limited and Pizzaexpress (Shenzhen) Limited.

“Eligible Payment Methods” refers to cash, bank debit cards, bank credit cards and such other payment methods as PizzaMarzano may designate from time to time as being eligible to result in the recording of purchases to PizzaMarzano Accounts. “Eligible Payment Method” will not include redemption of physical coupons, gift certificates, in-kind exchanges, use of a credit issued to resolve a dispute or for any other reason, or any other payment methods (including those listed in the preceding sentence) that PizzaMarzano may designate from time to time as not being eligible to result in the recording of purchases to PizzaMarzano Accounts.

“Excluded Items” refers to items the applicable Participating restaurant designates as ineligible to be recorded in PizzaMarzano Account or Rewards Points of the items ineligible to be earned with PizzaMarzano Accounts. Such items include but not limited to promotions or other items that PizzaMarzano may designate from time to time as being ineligible to be recorded in PizzaMarzano Account.

“Purchase” refers to a purchase of PizzaMarzano goods (other than Excluded Items) using Eligible Payment Methods in Participating Restaurants. The number of Purchases in any given transaction will be the number of receipts issued for that transaction. In other words, multiple items included in a single receipt will be treated as a single Purchase. Complimentary goods in any form will not be counted in any Purchase.

“Rewarding Points” refers to points earned in using Eligible Payment Methods in Participating Restaurants.

The "account year" starts from the day of your first consumption after your registration and the "account anniversary" refers to the same day of the second year.

“Member Account” refers a PizzaMarzano membership account.

“Membership Card” refers to virtual card presented in bar code or physical platinum card approved by PizzaMarzano

 

Program Overview

Visual card registration: Scan two-dimensional code of PizzaMarzano wechat, and set up PizzaMarzano Account.

After your registration, all your Purchase will be recorded in the PizzaMarzano Account when you eat in Participating Restaurant and present your visual card in WeChat or mobile.

You spend one RMB and get one Rewards Point, except for Monday (excluding public holidays) that you spend one RMB and get two Rewards Points.

However, PizzaMarzano reserves the right to remove Rewards Points from your PizzaMarzano Account if the Purchase that resulted in the Rewards Points is reversed for any reason, such as because of a dispute or a return of the Purchased product.

As described in detail below, based on the number of Rewards Points that you have in your PizzaMarzano Account and the level of your membership, you will have the opportunity to receive e-coupons for in-store benefits. E-coupons will be automatically recorded in your PizzaMarzano Account as you receive them and will be automatically deducted from your PizzaMarzano Account once the related benefits have been used. Typically, e-coupons will be recorded in your PizzaMarzano Account within 24 hours after the Purchase resulting in the e-coupon.

Rewarding Points in your PizzaMarzano Account will be erased automatically on the end of March of the second year. The unused e-coupon remains within the effective period.

You are solely responsible for the activity that occurs on your PizzaMarzano Account, and you must keep your PizzaMarzano Account password for security. Please note after you redeem e-coupon with Rewards Points, corresponding Rewards Points will be deducted immediately and irrevocably from your PizzaMarzano Account. You shall read relevant use terms carefully before your redemption and use the e-coupon before expiry. If you do not use e-coupon within the effective period, deducted Rewards Points will not be returned. Generally e-coupon shall used within 30 days after its being redeemed. You will have different e-coupon based on your membership level.

There are no membership fees under the PizzaMarzano Rewards program. Rewarding Points in your PizzaMarzano Account are complimentary, have no cash value and will expire and be removed from your PizzaMarzano Account on the end of March of the second year.

PizzaMarzano will update benefits for membership regularly. PizzaMarzano reserves the rights to amend terms and conditions at its own discretion. Except as described in this “Modification” section, PizzaMarzano undertakes no other obligations or responsibilities for the modification of the terms and conditions.

 

Levels of PizzaMarzano Account and Benefits

Blue Level: 0-2499 Rewards Points

You will enter Blue Level when you set up your PizzaMarzano Account, which entitles you to receive:

• Set-up gift: one gift subject to promotion brochure in Participating Restaurants.

• Get double Rewards Points in the month of birthday when you eat in the restaurant.

• Friends recommendation: Both you and your friends can get a buy one get one free coupon for main course (except for main course in set; the lower price of the main course will be free) when your friends set up his/her PizzaMarzano Account through “friends recommendation” in PizzaMarzano’s Official Account in WeChat. This coupon will be expired in 30 days from the next day of your receipt and can be used once per table per day.

• Sign-up everyday: You can earn Rewarding Points everyday.

Golden Level: 2500-9999 Rewards Points

When you have more than 2500 Rewards Points (less than 10000 Rewards Points) accumulated in your PizzaMarzano Account within an Account Anniversary, you will have a complimentary upgrade from the Blue Level to the Golden Level with the following benefits:

• All benefits of Blue Level.

• Upgrade gift: Three buy one get one free coupons for main course (except for main course in set) which will be expired in 3 months and can be used once per table per day.

• Birthday complimentary: You will get a free pizza of any type in the month of your birthday and get double Rewards Points when you eat in the restaurant.

• Benefit for frequency: You will get a designated product for free once you complete three consumptions in a month.

• PMP for Kid: Buy pizza making party for six Kids get two free, effective for one year.

• You will be invited for survey and try of new menu launching with priority.

If you are upgraded to Golden Level, your Golden Level membership will be maintained until the first Account Anniversary (also called “Review Day”). Your Golden Level membership will not be affected by the expired Rewards Points in your PizzaMarzano Account before Review Day.

If you are a Golden Level member and you earn another 2500 Rewards Points at least within 12 months prior to your Review Day, your Golden Level membership sustains for another 12 months. In case that you earn less than 2500 Rewards Points during that period, your PizzaMarzano Account will be degraded to Blue Level. This same process will apply for the 12-month period ending on each Account Anniversary. Your membership level is determined by your accumulated Rewards Points within 12 months prior to Review Day in PizzaMarzano Account.

Platinum Level: over 10000 Rewards Points

When you have more than 10000 Rewards Points accumulated in your PizzaMarzano Account within an Account Anniversary, you will have a complimentary upgrade from the Golden Level to the Platinum Level with the following benefits:

• All benefits of Blue Level and Golden Level.

• Physical platinum card and a tailored gift.

• Upgrade gift: Three e-coupons having value of 100 RMB each.

• Priority in arranging for seats when queuing for meal.

• Flexibility in time selection for kids PMP.

• More benefits will be launched.

If you are upgraded to Platinum Level, your Platinum Level membership will be maintained until the first Account Anniversary (also called “Review Day”). Your Platinum Level membership will not be affected by the expired Rewards Points in your PizzaMarzano Account before Review Day.

If you are a Platinum Level member and you earn another 10000 Rewards Points at least within 12 months prior to your Review Day, your Platinum Level membership sustains for another 12 months. In case that you earn less than 10000 Rewards Points during that period, your PizzaMarzano Account will be degraded to Golden or Blue Level. This same process will apply for the 12-month period ending on each Account Anniversary. Your membership level is determined by your accumulated Rewards Points within 12 months prior to Review Day in PizzaMarzano Account.

 

Rewards Points and redemption

Members can use Rewards Points to redeem gift. Different membership level spends different Rewards Points as below (PizzaMarzano will make adjustment if necessary) (subject to menu of Participating Restaurant)

Blue Level:

•  Tea or coffee: 600 Rewards Points

•  Side salad: 1000 Rewards Points

•  Afternoon tea set for single person: 1200 Rewards Points

•  Pizza: 2000 Rewards Points

•  Afternoon tea set for two persons: 2400 Rewards Points

•  House wine: 3600 Rewards Points

•  Pizza making party for 8 kids: 8000 Rewards Points

Golden Level and Platinum Level:

•  Tea or coffee: 300 Rewards Points

•  Side salad: 500 Rewards Points

•  Afternoon tea set for single person: 600 Rewards Points

•  Pizza: 1000 Rewards Points

•  Afternoon tea set for two persons: 1200 Rewards Points

•  House wine: 1800 Rewards Points

•  Pizza making party for 8 kids: 8000 Rewards Points

 

Termination

PizzaMarzano may terminate your PizzaMarzano Account and cancel your PizzaMarzano Card if you fail to comply with your obligations under these terms and conditions or you use your PizzaMarzano Card or PizzaMarzano Account in a manner that violates any applicable law, rule or regulation.

If PizzaMarzano terminates your PizzaMarzano Account or cancel your PizzaMarzano Card, you will no longer have any e-coupons in your PizzaMarzano Account or be able to use your PizzaMarzano Card. Since all benefits are complimentary, you will not be entitled to any refund or compensation in connection with any e-coupons

 

Modification

PizzaMarzano has right to modify the terms and conditions and terminate membership program at its own discretion (in one or some cities in China) and does not undertake any other obligation.

PizzaMarzano will provide reasonable advance notice by posting a notice on website or wechat prior to modifying these terms and conditions, unless PizzaMarzano is unable to provide advance notice in order to comply with an applicable law, rule or regulation. Termination of membership event will take effect on the date stated in the notice. You shall review website or wechat regularly for any changes to these terms and conditions.

Except as described in this “Modification” section, PizzaMarzano undertakes no other obligations or responsibilities for the modification of the terms and conditions.

 

Consent to contact

Note that, by clicking “Create My PizzaMarzano Account” below, you are agreeing that PizzaMarzano, its affiliates or vendors may from time to time send you PizzaMarzano Communications. If you do not wish to receive PizzaMarzano Communications, you should not click “Set Up Immediately”.

 

Governing Law, Dispute Resolution

These terms and conditions shall be governed by, and construed in accordance with, the laws of China. Any dispute, controversy or claim relating to the PizzaMarzano membership program, any PizzaMarzano Account or Card or any terms and conditions or privacy policy now or hereafter governing or applicable to such program, account or card shall be settled through friendly consultations between the parties to such dispute, controversy or claim. If settlement is not reached within thirty (30) days after a party’s initial request to resolve through consultation, it shall be finally resolved through arbitration, which shall be conducted by a single arbitrator in Shanghai in accordance with its arbitration rules in effect at the time of arbitration. The cost of arbitration shall be borne and paid equally between you and PizzaMarzano; provided that if, in justice and fairness, the arbitral tribunal determines otherwise, then in such case you and PizzaMarzano shall abide by the determination of the arbitral tribunal. The arbitral tribunal shall award the prevailing party its attorneys’ fees and related expenses incurred in connection with the arbitration. The decision of any arbitration made pursuant to this Section shall be final and binding on the parties and shall be specifically enforceable in any court having jurisdiction over the parties.

 

If a term and condition hereunder is or becomes illegal, invalid or enforceable in any jurisdiction, it will not affect or impair the legality, validity or enforceability of other terms and conditions in such jurisdiction. Unless and except for situation agreed hereunder, nor PizzaMarzano or PizzaMarzano’s Indemnitee will be liable for you. Waiver of terms and conditions hereunder shall be made by PizzaMarzazno in written, which has legal binding effect with PizzaMarzano or PizzaMarzano’s Affiliates.

PizzaMarzano’s Affiliates means entity controls, is controlled by, or is under common control with PizzaMarzano directly or indirectly.

PizzaMarzano’s Indenmnitee means PizzaMarzano, each PizzaMarzano’s Affiliate and its manager, director, employee, shareholder, agent and their successor and transferee.