IMPORTANT -- PLEASE READ:  The following Starbucks Card Agreement describes the terms and conditions that apply to the pre-paid account of your Starbucks Card.  This agreement is divided into two parts.  Part One describes the terms that apply generally to the Starbucks Card.  Part Two contains important legal terms and conditions, and how we may make changes to this agreement.

By using YOUR STARBUCKS Card, you agree to the terms of this agreement.  Please keep a copy of this agreement for your records.

PART ONE:          STARBUCKS CARD GENERAL TERMS

About Your Account; Starbucks Purchases Only.

The Starbucks Card is issued to you by Starbucks.  It allows you to load a dollar value on to your Starbucks Card for future purchases at participating Starbucks stores.  The dollar value that you load onto your Starbucks Card is a pre-payment only for the goods and services of participating Starbucks stores.  No credit card, credit line, overdraft protection, or deposit account is associated with a Starbucks Card.  Unless otherwise required by law or permitted by this agreement, any amount on your Starbucks Card is non-refundable and may not be redeemed for cash.  No interest, dividends, or any other earnings on funds deposited to a Starbucks Card will accrue or be paid or credited to you by Starbucks.

Most Starbucks locations in Hong Kong, North America, the U.K. and Australia accept your Starbucks Card.  Certain Starbucks-branded locations may not permit you to use the Starbucks Card for payment, including some airport and bookstore locations, or in stores in Puerto Rico, Guam and outside continental North America.  For an up-to-date list of stores that accept the Starbucks Card, call 852-21011399.  Starbucks reserve the right not to accept any Starbucks Card or otherwise limit use of a Starbucks Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

Loading Value on Your Card.

You can load a dollar value on the Starbucks Card by using a credit card, debit card or cash by visiting any participating Starbucks store or by calling 852-21011399.  You may not load more than HK$4,000.00 worth of value to your Starbucks Card.  The minimum amount that must be loaded onto your Starbucks Card is HK$100.00.  Starbucks may change the maximum and minimum amounts at any time by notifying you at the point of sale, by phone when you call, or on the Starbucks web site, and such change shall not constitute an amendment to this agreement.

All amounts loaded onto your Starbucks Card are held and denominated in the currency of the country in which the card was sold (the “base currency”).  When you make a purchase in a different country, the transaction total is converted from the currency of that country (the “local currency”) to the base currency and deducted from the account.  No fees or other charges are made to your Starbucks Card for the conversion.  Although the actual balance of your Starbucks Card is held in the base currency, the balance shown on your receipt will be in the local currency of the store location.  Transactions that occur on our web site are denominated in U.S. dollars.  Currency conversions are based on currency exchange rates applicable on the date of the transaction.

Fees and Expiration of Card Balances.

Starbucks does not charge any fees for the issuance, activation, or use of your Starbucks Card and your Starbucks Card has no expiration date.

Receipts and Statements.

Cardholders are not sent statements of itemized transactions from a Starbucks Card account.  You can check the balance of your Starbucks Card or review recent transactions on your Starbucks Card at our web site at www.starbucks.com.hk/card/ or by calling 852-21011399.  You will need to have your Starbucks Card available in order to access your account.  The account balance for a Starbucks Card also will appear on your receipt from a point-of-sale register.  When you use your Starbucks Card, you will receive a receipt if you request one but will not be asked to sign the receipt.  The receipt will indicate that the purchase was made using a Starbucks Card and will provide the remaining balance of your Starbucks Card.  You should keep your receipts and check your online statement to ensure that your account balance is correct.

Billing Errors, Corrections

We reserve the right to correct the balance of your Starbucks Card account if we believe that a clerical, billing or accounting error occurred.  If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Starbucks Card, please call our customer service department at 852-21011399   We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation.  If no error was found, we will communicate an explanation.  We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question.  You should monitor your transactions and account balances closely.

Optional Registration; Liability for Unauthorized Transactions.

Because your Starbucks Card is used like cash for purchases from Starbucks, you are responsible for all transactions associated with your Starbucks Card, including unauthorized transactions.  However, if your Starbucks Card is lost, stolen, or destroyed, the card can be replaced with the balance remaining on it at the time of your call, but only if you have registered it with us.  To register your card, please visit our web site at www.starbucks.com.hk or call us at 852-21011399.  Please notify us immediately if you change any of your registration information.  Your Starbucks Card balance is only protected from the point in time you notify us that your Starbucks Card is missing.  We will freeze the remaining balance on your Starbucks Card at the time you notify us and will load that remaining balance on your replacement Starbucks Card.

PART TWO:         IMPORTANT LEGAL TERMS

Changes to This Agreement.

We may amend the terms of this agreement at any time, including any rights or obligations you or we may have.  If you have registered your Starbucks Card, we will notify you of any change, addition or deletion by email.  In addition, we will post the terms to the modified agreement in our stores and on our web site at www.starbucks.com.hk.  As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our web site or generally in our stores or as otherwise stated in our notice to you.  Unless we state otherwise, the change, addition or deletion will apply to your future and existing Starbucks Cards.  You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) you use your Starbucks Card after such notice period.  If you do not accept the changes, additions or deletions, your Starbucks Card will be cancelled and any amounts remaining on your Starbucks Card will be refunded to you.

Cancellation of This Agreement.

We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability.  Termination may result from your fraudulent or unauthorized use of the Starbucks Card.  If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Starbucks Card account less any amounts that you may owe us.  In the event that this agreement is terminated, this Part Two shall survive in accordance with its terms.

Governing Law – Hong Kong.

This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China notwithstanding any conflict of law rules.

Disclaimers and Limits of Liability.

STARBUCKS AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE STARBUCKS CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.  STARBUCKS DOES NOT REPRESENT OR WARRANT THAT YOUR STARBUCKS CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.

IN THE EVENT THAT STARBUCKS OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR STARBUCKS CARD.  STARBUCKS AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN NO EVENT SHALL STARBUCKS OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A STARBUCKS CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.

The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages.  If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this agreement.  In such jurisdiction, our liability is limited to the greatest extent permitted by law.

Assignment.

We may assign all or part of this agreement without such assignment being considered a change to the agreement and without notice to you.  We are then released from all liability.  The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.

Entire Agreement; Construction.

This agreement is the complete and exclusive statement of agreement between you and Starbucks Corporation, and supersedes and merges all prior proposals and all other agreements.  In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.  Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.

Inquiries or Questions.

If you have any questions regarding this agreement or your Starbucks Card, please visit our web site at www.starbucks.com.hk or call us at 852-21011399.