1、Purpose

1-1. This rule (herein after referred as “rule”) aims to define rights and obligations of Element Fresh Food & Beverage Management (Shanghai) Co., Ltd, Yaosu Food & Beverage (Shanghai) Co., Ltd, Xin Can Lv Food & Beverage Management (Shanghai) Co., Ltd and Xin Shi Chao Food & Beverage Management (Beijing) Co., Ltd (herein after referred to as “the company” as one party for short) as provider of member card service and “customer registration rule and restriction” so as to further improve service quality.

2、Definition

2-1. “Membership holder” (herein after referred to as “member”) refers to persons who become registered members after applying for Element Fresh membership, providing personal information, finishing application procedure and accepting this rule.

2-2.“Member service” refers to the service provided to members by company including managing customers’ previous consumption records and providing all kinds of information related with products and consumptions.

2-3. “Element Fresh restaurant” (herein after referred to as “appointed restaurant”) refers to restaurants operated by the company which can provide member service together with the company. Confirmed and updated restaurant list which is appointed to provide member service is available for members on the website of friends.elementfresh.com, and list of appointed restaurant is updated from time to time by the company.

2-4. “Total points” refers to the total points gained by buying company products from appointed restaurants. Part of company products are not applicable to points policy (detained information refer to article 7 in this rule “use and restriction of members points”). Points and accumulative rate can be adjusted accordingly based on different payment methods and discount rates when members make consumptions.

2-5. “Remaining points” refers to the points left after deducting points redemption and expired points.

2-6. “China” refers to mainland of the People’s Republic of China excluding Hong Kong, Macao and Taiwan for the purpose of providing member service.

3、Brief introduction of member service

3-1. Customers can enjoy member service provided by the company only after finishing correct member service application procedure stipulated in this rule.

3-2. Members can obtain points after presenting member card (including physical card or electronic card) after consumption in appointed restaurants. Part of company products are not applicable to points rule (detained information refer to article 7 in this rule “use and restriction of members points”).

4、Effectiveness and modification of the agreement

4-1. This rule shall be effective for applicants (members) after applicants fill in and submit membership application form through member website, restaurants, wechat or other channels.

4-2. This rule can be modified from time to time. In case the company intends to modify the rule, it shall inform members by a) email, b) letter, c) member website, d) wechat or e) notice issued by appointed restaurants, etc.

4-3. It shall be regarded as members accept the modification in case they raise no objections and withdraw the membership in written within 10 calendar days from the date when the notice is issued. The modification of the agreement shall enter into force from the 11th day since the issuance of the notice.

5、Member registration

5-1. Applicants must submit membership application form through member website, wechat webpage and restaurants if they want to become registered members. New members, after submitting application form, can fully enjoy member benefits only after passing cell phone number verification, confirming all necessary personal information, reading and accepting terms of use on member service website.

5-2. At no time can membership be allowed to be transferred, or used by non-members, or used for other purposes including but not limited to guarantee behavior like mortgage, pledge, etc. All the consequences resulted from violation against this rule shall be fully borne by members.

6、Membership restriction

6-1. Unless required by members to withdraw membership and withdrawal application is submitted, membership shall be permanently effective. Special member benefits shall be enjoyed by members with different membership grades.

Membership grades:

FANS(FANS) :to become FANS, fill in complete personal information via passing cell phone number verification on the member website or wechat or appointed restaurant and make registration, read and accept terms of use.

FRIENDS:FANS whose points from transactions reach 1,000 (cumulative consumption totals RMB1,000) in Element Fresh, Vital Tea, take-out ordering platform owned by Element Fresh (order by phone and order on the website owned by Element Fresh) within 12 months can be automatically updated to FRIENDS.

BFF: FANS whose points from transactions reach 5,000 (cumulative consumption totals RMB5,000) in Element Fresh, Vital Tea, take-out ordering platform owned by Element Fresh (order by phone and order on the website owned by Element Fresh) within 12 months can be automatically updated to BFF.

FAMILY:BFF whose points from transactions reach 10,000 (cumulative consumption totals RMB10,000) in Element Fresh, Vital Tea, take-out ordering platform owned by Element Fresh (order by phone and order on the website owned by Element Fresh) within 12 months can be automatically updated to FAMILY.

Validity period of membership grades:

Validity period of FRIENDS, BFF and FAMILY is 12 months beginning from membership effectiveness month and expiring on the last day of the 12th month.

Validity period of upgraded members begins from upgrading day and expires on the last day of the 12th month.

FANS shall be permanently effective.

Membership extension and restriction

FRIENDS membership extension: FRIENDS can be extended when accumulative consumption reaches RMB1,000 within membership validity period beginning from the extension beginning day and expiring on the last day of the 12th month. FRIENDS will be automatically downgraded to FANS when accumulative consumption fails to reach RMB1,000 within membership validity period.

BFF membership extension: BFF can be extended when accumulative consumption reaches RMB5,000 within membership validity period beginning from the extension beginning day and expiring on the last day of the 12th month. BFF will be automatically downgraded to FRIENDS when accumulative consumption reaches RMB1,000 but fails to reach RMB5,000 within membership validity period. FRIENDS will be automatically downgraded to FANS when accumulative consumption fails to reach RMB1,000 within membership validity period.

FAMILY membership extension: FAMILY can be extended when accumulative consumption reaches RMB10,000 within membership validity period beginning from the extension beginning day and expiring on the last day of the 12th month. FAMILITY will be automatically downgraded to BFF when accumulative consumption reaches RMB5,000 but fails to reach RMB10,000 within membership validity period. BFF will be automatically downgraded to FRIENDS when accumulative consumption reaches RMB1,000 but fails to reach RMB5,000 within membership validity period. FRIENDS will be automatically downgraded to FANS when accumulative consumption fails to reach RMB1,000 within membership validity period.

In case accumulative consumption fails to reach RMB1,000 within validity period, BFF and FAMILY membership shall be automatically downgraded to FANS with permanent effectiveness.

Points accumulated from transaction in one year shall be expired at the end of the second year. For example, points gained from transaction in 2016 will be expired on December 31st, 2017. Points, failed to be redeemed within validity period, shall become invalid automatically.

Bonus points may have different validation period.

Use and restriction of points, coupons and other members-only benefits

7-1. Collect Points

  • (1)Points can be collected through transactions or given by company as points. Bonus points will NOT be calculated for membership grading, but can be used for redemption
  • (2) Actual payment amount with cash or bank card including online payment shall be fully converted into points (RMB1=1 point). For example, 500 points can be gained if members make actual payment of RMB500.
  • (3) The amount of cash discount and coupons shall not be counted into points.
  • (4) Points information is available by inquiring restaurants or member service website.
  • (5) No points for below cases:

    Consumption made in non-appointed restaurants.

    Sales promotions gifts, products bought with cash coupons or products and amount redeemed with points.

    Failure to present personal effective member card.

    Purchase made by using staff discount.

    Order for bouquet

    Purchase made by coupon

  • (6) The company is entitled to cancel transaction records and restrict points accumulation and use in case of customers’ dishonest trade behaviors.
  • (7) Under the above-mentioned case (6), the company shall deal with the disputes arising from “dishonest sales” between members and appointed restaurants according to article 12.
  • (8) Under the above-mentioned case (8), members shall be regarded as accepting the handling results in case no objections raised within 10 days after issuance of the notice.
  • (9) Any point can not be transferred to a third party.
  • (10) Points can not be exchanged for cash, or change back
  • (11) Accumulative points rule can be modified in accordance with company condition. The company shall update information timely to inform members how to save points through appointed restaurants and member service website. In case the modification proves to have serious adverse effects on members, the company shall inform members 10 days in advance through a) email; b) mail; c) member service website; d) wechat, or e) appointed restaurants or other channels. Member will be deemed to accept the modification and the modification will be effective since the 11th calendar day, when member raises no objections and does not withdraw the membership within 10 calendar days since the date of modification information.

7-2. Points information correction

  • (1)Any points mistake can be corrected according to the consumption situation within 30 days . In case points mistake caused by the company is found, members can submit related formal materials to demand correction. Company shall make correction within 60 days if members present formal receipts or approved documents of appointed restaurants.
  • (2)Company is responsible for operating and managing points. Points which finally approved by the company shall all be officially accepted. Company is entitled to deduct points (in case points is found untrue or it occurs under the article 7-1 (5), (6)) for which members can raise objections within 10 days after informed of points deduction. If members do not raise objections within the aforesaid period, members will be deemed to agree with the deduction.

7-3. Points redemption

  • (1)Points can redeem appointed food and beverage or other gifts of Element Fresh or Viral Tea provided by the company. Company will update information constantly through appointed restaurants, member manual and member service website to tell members how to use points and relevant implementation of points redemption.
  • (2) There will be different restrictions for points redemption gifts based on different membership grades. Specific information will be delivered to members through restaurants, member manual and member service website.
  • (3) Member cards must be present when making points redemption. Each bill can be made redemption only once. Points redemption can not: 1) use with other discounts or promotions at the same time; 2) convert into money or get change 3) apply to Li Na products; 4) apply to appointed holidays and festivals such as February 14th, December 24th, 25th and 31st, and January 1st.
  • (4) Limited gifts redemption are on first-come-first-served basis. Company will constantly update gifts which can be redeemed with points through appointed restaurants, member manual, member service website or other ways.
  • (5) Member service of points redemption rule can be modified in accordance with company condition. The company shall update information timely to inform members how to save points through appointed restaurants and member service website. In case the modification proves to have serious adverse effects on members, the company shall inform members 10 days in advance through a) email; b) mail; c) member service website; d) wechat, or e) appointed restaurants or other channels. Member will be deemed to accept the modification and the modification will be effective since the 11th calendar day, when member raises no objections and does not withdraw the membership within 10 calendar days since the date of modification information
  • (6) No points redemption for below cases:

    Redemption made in non-appointed restaurants.

    Gifts for sales promotion and specified products appointed by the company.

    Appointed holidays and festivals

    Purchase made by using staff discount

    Already enjoyed other discounts or promotion

    Purchase out of the using condition for points redemption

    Other conditions pre-publicized by company

7-4. Definition and usage of coupons

  • (1)Coupons both physical and electronic including discount coupon, freebie coupon, dish coupon, cash coupon and so on shall be given out to all or specific members. Usage condition and validity period of these coupons shall be publicized to members via member service website, text message, email, etc. Coupons will be invalid after the expiry date. Physical and electronic member card shall be present when coupons are used.
  • (2) Coupons issuance information shall be delivered through text message, email or wechat. Customers can also search such information via appointed restaurants, member service website or wechat.
  • (3)Member cards must be present when use member exclusive coupons. Coupons can not: 1) use with other discounts or promotions at the same time; 2) convert into money or get change 3) apply to Li Na items; 4) apply to appointed holidays and festivals such as February 14th, December 24th, 25th and 31st, and January 1st.
  • (4) Coupons are not allowed to transfer to others unless they are expressly transferrable.
  • (5) Coupons are not allowed to use together with other discounts and one order, one coupon only. In case of exceptional conditions, company shall make it clear to members via member service website, text message, wechat, email or information by appointed restaurant and so on when coupons are issued.
  • (6) No coupons can be used for below cases:

    Coupons used in non-appointed restaurants.

    Gifts for sales promotion and specified products appointed by the company.

    Appointed holidays and festivals

    Purchase made by using staff discount

    Already enjoyed other discounts or promotion

    Purchase out of coupons using condition

    Other conditions pre-publicized by company

  • (7) In principle, food and beverage as well as the coupons used are not allowed to be returned due to their own special attributes. Both parties shall reach an agreement through communication if members can prove food and beverage is unqualified with state standard as the faults of company and replacement must be made.

7-5. Other members-only benefits

  • (1)In addition to points and coupons, company could provide members-only benefits, which shall be publicized to members via members service, text message, wechat, email or information by appointed restaurant and so on, to all or specific members.
  • (2)Members can only enjoy benefits by showing personal effective physical or electronic member card.

    Member cards must be present when using members-only benefits. Such benefits can not: 1) use with other discounts or promotions at the same time; 2) convert into money or get change 3) apply to Li Na products; 4) apply to appointed holidays and festivals such as February 14th, December 24th, 25th and 31st, and January 1st.

  • (3) Member benefits can not be used for below cases:

    Member benefits in non-appointed restaurants.

    Appointed holidays and festivals

    Purchase made by using staff discount

    Already enjoyed other discounts

    Purchase out of the using condition

    Other conditions pre-publicized by company

7-5. Member interactive activity

  • (1)Members can join in interactive activities initiated by the company which are updated to members by member service website, text message, wechat, email or information by appointed restaurant and so on through member service website or wechat.
  • (2)Points consumed by joining interactive activities shall not be returned.

8、Membership termination

8-1. Members can terminate membership through termination procedure on member service website. Company shall inform members to terminate their membership for below cases excluding case (3) which can be done without notice.

  • (1) False application information is found.
  • (2) Gain and use points breaking this rule or use member service beyond the purposes in this rule.
  • (3) Death or disappearance.
  • (4) Register member account breaking this rule for dishonest points.
  • (5) Disturb activities of other members on member service website or cause harm to other members by using their personal information.
  • (6) Violate against the terms and conditions of this rule or damage public order and good morals.
  • (7) Members lend member card to others, or use it for the illegal or inappropriate purpose which is out of the listed terms of use herein.

8-2. Any member, after passing identity verification, can terminate personal membership through member service website or sending email to friends@elementfresh.com. Company will start termination procedure within 3 working days.

8-3. Unused points and coupons shall be invalid immediately upon the termination of membership. When members reapply for membership, all past points and coupons will not be recovered.

9、Privacy policy

9-1. For the respect of member privacy, company only collects information necessary for providing service and obtains written permission from members for further information. Both parties agree the above personal information is only for providing and upgrading member service purpose.

9-2. The company is not allowed to leak or disclose member personal information to any third party without getting written approval from members excluding below conditions agreed by members:

  • (1)Provide service needs to gain points.
  • (2)Send electronic credits and notice for the gifts redeemed
  • (3)Company can provide limited information related with person privacy with which exact ID cannot be judged for the purposes like statistical report, research, market survey, etc.
  • (4)Authority demands to provide related information according to the laws or criminal investigation procedure stipulated by law.
  • (5)Demands to provide information according to the laws and regulations

9-3. Only members have access to personal information and update or correct personal information on member service website.

9-4. Company shall be responsible for keeping and managing member information database and attach great importance to comments and suggestions regarding privacy from members.

9-5. Personal information needed to provide member service includes:

  • (1)18 or above 18 year old: name/birthday/phone number (mobile phone number) and other contact information (e.g. email)
  • (2)Below 18 years old: in addition to the above-mentioned information, name/birthday/contact information (email, mobile phone number, etc) of legal guardian as well as written consent of legal guardian are also needed.

9-6. Members can refuse their personal information to be used by company partners by informing company via email, phone or other communication channel appointed by company.

9-7. Affiliated company of Element Fresh both home and abroad can share and use members’ personal information obtained by company without advance notice or permission by members.

10、Member service website

10-1. Company shall keep and manage members’ personal information (including consumption record, points) by member service website.

11、Usage rule of communication tools (text message, email, etc)

11-1. Members agree company can provide member service like points information and company activities through text message, email or wechat notice. However, such service shall be stopped immediately when members refuse their personal information to be used. Company shall take measures to avoid to re-send related text message, determine at its sole discretion whether to terminate the qualification of membership, and email to members who refuse such service.

12、Breach liability, damage compensation and dispute settlement

12-1. Members shall be fully responsible for behaviors violating against this rule and compensate for related losses thereby caused to company resulted from such behaviors.

12-2. Company shall not be held liable for members’ damages or losses if overwhelming evidence proving intention or gross negligence of company is unavailable.

  • When allowed by the law, the company will not take any below responsibilities including breach, infringement, negligence or other reasons:

    1)All direct or indirect losses are made by the loss of prior paper file or electronic file or materials.

    2)All direct or indirect losses or damages are made by member information.

    3)Lost and damaged: once member card is lost or damaged, members shall email to friends@elementfresh.com or apply for post registration in the appointed restaurant with the originally registered card number and effective ID card. Members shall take full responsibilities for all economic or legal disputes caused by lost member card during lost period.

    4)Misrepresented: if the member card is misrepresented, the company will take no responsibility and make no compensation except for the company’s fault.

    5) Other direct or indirect losses are made not for the company’s fault.

12-3. Any dispute arising form this rule, interpretation to this rule or other undefined issues in this rule shall be settled in accordance with Chinese law and/or business practice.

Members’ click “agree” key on member service website, wechat or other network carriers, or use of membership qualification to enjoy any membership rights under terms of use herein (including but not limited to points redemption, use of coupon or other membership rights) shall be regarded as accepting this rule.

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