PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SERVICES OF THIS PROGRAMME.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HP PPS ASIA PACIFIC PTE. LTD (HP INC.) ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH THIS PROGRAMME MAY BE USED. USE OF HP SALES HEROES TOP GUN SERVICE AND/OR ANY PARTICIPATION IN THE HP SALES HEROES TOP GUN PROGRAMME IMPLIES THAT YOU ACCEPT THESE TERMS AND CONDITIONS.
It is your responsibility to read and understand the information provided on these pages before you participate in the HP Sales Heroes Top Gun programme (the ‘Programme’). HP PPS Asia Pacific Pte. Ltd (HP Inc.) and its affiliates reserves the right to modify the structure, benefits and other features of this Programme (including, without limitation, these Terms and Conditions) or to terminate the same at any time, after notification. These pages are frequently updated. Further, it is your responsibility to keep yourself up-to-date in respect of the features of this Programme, including, but not limited to, these Terms and Conditions, and to check these pages regularly to determine whether the restrictions have been modified. Any use of this Programme by you shall be deemed as acceptance of any amendment and if you do not agree to any such amendment and/or modification, you must immediately cease participation in this Programme.
The HP Sales Heroes Top Gun Programme (hereinafter called the ‘Programme’) offered by HP PPS Asia Pacific Pte. Ltd (HP Inc.) entity in the country in which the reseller is located (hereinafter called ‘reseller’) where its customer is in the reseller’s country wherein Reward Points (hereinafter called ‘Sales Points’) earned by a Member of the Programme (hereinafter called ‘Members’) will be redeemable with gifts (hereinafter called ‘Rewards’).
HP reserves the right to cancel or revise or suspend the Programme or the terms and conditions herein at any time it deems necessary after notification and without having to give any reasons for doing so. HP may (but shall not be obliged to) give advance notice to Members in the manner it deems appropriate in the event it decides to cancel, revise or suspend the Programme or the terms and conditions stated herein.
1. Eligibility and membership
1.1 The Programme is open to all full time employees of contracted HP Managed Final Tier Resellers with PC Supplies and/or Printing Platinum / Gold / Silver membership and selected contracted non Managed Final Tier Resellers. To participate in the Programme, the employees working for the above companies or organization can register online using the registration form available on the Programme Website. There is no joining fee and membership in the Programme is granted at the sole discretion of HP whose decision on this shall be final and binding on the parties.
1.2 Upon successful enrolment in the Programme, Members may use their User ID and password to log on to the Programme to check their account status, verify transactions, claim and redeem their Reward Points. Only selected countries are eligible for the redemption of reward points.
1.3 For security purposes, it is recommended that Members do not divulge their User ID and password to any other persons. It is the sole responsibility of the participant to ensure the security of their User ID and password. Members are recommended to change their password every 2 months.
1.4 HP is entitled to act on instructions received under a Members User ID.
1.5 HP does not accept any responsibility for any liability, loss, claims, damages or expenses arising out of its acting under any instructions, including (without limitation) any credits or debits made to a Members account, placed by another individual using any Members User ID, and the modification, change or deletion of any personal particulars of the owner of the User ID.
1.6 Members must promptly notify HP of any change in the nature of their employment, company or country of residence, and shall accordingly update their personal profile under the ‘My Account’ page as found on the Programme website. If a Member is found to have resigned from his/her current post, Members agree that his/her HP Sales Heroes Top Gun account will be deactivated, and the outstanding sales points will be forfeited.
1.7 Upon enrolment in the HP Sales Heroes Top Gun Programme, all entries become the property of HP. Participants irrevocably authorise HP to retain, use and distribute any information/ materials generated by or relating to the programme for the purposes of facilitating the HP Sales Heroes Top Gun programme.
1.8 By participating in the HP Sales Heroes Top Gun Programme, Members shall be deemed to accept receipt of the monthly HP Sales Heroes Top Gun communications and will be offered the opportunity to subscribe to other marketing communications delivered by HP and/or its affiliates.
2. The Audit Process
2.1 HP or HP designated agent or HP affiliate will audit your invoice and/or delivery note and/or serial number claims and gift redemption claims. HP reserves the right to verify the authenticity and legitimacy of all claims and gift redemptions in relation to the Programme, and to request from any participant additional documentary proof including, but not limited to, certified true copies of invoices, delivery notes duly signed with his/her respective company’s authorized signatory, original copies of invoices, delivery notes and the serial number of products at any time for audit purpose.
It is a criminal offence to produce or process any fraudulent business document. HP reserves the right to suspend or disqualify any participant from the Programme, and/or to report to the police any fraudulent activities carried out by any participant in relation to the Programme (including, without limitation, the production of any false information or document for the claiming of any Sales Points or in relation to any related promotion incentives).
2.2 Any Sales Points earned by a Member cannot be used to offset or reduce in any way any outstanding payment owed by such participant to HP.
2.3 All sales with special discounts given by HP (‘Big Deals’) shall not be eligible for any Sales Points or any benefits or awards under the Programme and all invoices, delivery notes, and/or serial numbers in relation to Big Deals received shall accordingly be rejected. HP reserves the right to revoke and cancel any points awarded previously if they are subsequently found to have been awarded (in whole or in part) as a result of Big Deals, and the Members account balance will then be adjusted accordingly.
2.4 Only sales made to end customers from the commercial or retail sector for business use shall be eligible for Sales Points. Sales made for resale purposes or direct sales made to individual customers shall not be eligible for any Sales Points.
2.5 All sales invoices, sales report, delivery notes, and/or serial numbers submitted by the Member must be of his/her own sales claim, HP reserves the right to reject/withhold Sales Points award if the salesman information shown on the sales invoices, sales report, delivery notes, and/or serial numbers does not match with the Member account information
2.6 Copies of invoices, delivery notes, sales report and/or serial numbers may be submitted under this Programme. Submitted invoices, delivery notes and sales report must contain the following information, failing which claims made in relation thereto may be rejected:
- Customer name, country of customer and contact details
- Invoice or delivery number
- Invoice or delivery date
- HP Part Number (SKU)
- Product Description
- Quantity Sold
2.7 HP reserves the right to reject claims where any invoices, delivery notes, and/or serial numbers in relation to such claims contains any hand-marked or written information.
2.8 All invoices, sales report, delivery notes and/or serial numbers information submitted shall be kept by HP for verification purposes only, and the same shall be kept in strict confidence.
2.9 Should any Member be in doubt as to whether any sale made is eligible for Sales Points or any benefits under the Programme, he/she should consult his/her HP Partner Business Manager.
2.10 The claim approval process will be commenced upon receipt of all supporting documents after a Members online submission, and upon HP being satisfied on the completeness, correctness and accuracy of information contained in such documents. For normal sales, the claim approval process will be completed within fourteen (14) working days from receipt of all information from the Member to HP's satisfaction. However, for special situations (including, without limitation, suspected Big Deal claims and special promotions involving additional approval procedures), the claim approval process will exceed fourteen (14) working days. In addition, the claim approval process will not commence where a Member fails to submit his/her claim supporting documents or provide incomplete or incorrect information, and HP reserves the right to reject claims in such situations.
2.11 If you have any queries or concerns about the content or accuracy of HP’s validation or how HP has calculated what (if anything) is due under this program, you must contact HP within 10 calendar days from the date of claim validation result is posted. If you fail to contact HP within that period, you understand and agree that HP has no obligation to respond to, or consider, your query or concerns. Whether HP chooses to respond to, or consider, queries or concerns lodged after the 10-day period, is at HP’s sole discretion.
2.12 Claims must be submitted by the following month of the date of invoices and/or delivery notes is issued. Invoices and/or delivery notes dated in any day of the month must be submitted by the end of next month.
If template submission is allowed per the program/campaign mechanics, the submission timeline/required data points & the format must be strictly followed. Otherwise, claims will not be accepted. All the program/campaign specific requirements will be communicated separately by HP.
Illustration for claims
Invoice and delivery note dated 1 October 2018 must be claimed by 30 November 2018. Invoice and delivery note dated 31 October 2018 must be claimed by 30 November 2018.
The regulation works in the manner that it does not consider the day the invoice and/or delivery notes is dated, but consider the month the invoice and/or delivery notes is dated. Thus the deadline for invoice and/or delivery notes submission is the end of next month. Late submissions will not be accepted or entertained.
2.13 Only purchases made through HP authorized Distributors will be eligible for the HP Sales Heroes Top Gun program.
2.14 Programme administration and Sales Points calculations will be determined by HP.
3. Spending of points
3.1 Upon redemption of Sales Points at the Programme website, a notice containing the details of redemption will be sent by e-mail to Members immediately.
3.2 Delivery of redeemed products will be completed within twenty-one (21) working days from the issue of the said redemption notice.
3.3 If HP does not receive any complaints or notification in relation to redeemed items (including, without limitation, any complaints or notification in relation to any non-receipt or defect of any redeemed items) within seven (7) days from the date of redemption, a participant shall be deemed to have received the redeemed items and no complaints and/or claims concerning any redeemed items shall be entertained henceforth.
3.4 Any use, spending or redemption of Sales Points arct to the rules and regulations of the program. While HP will provide an estimated time for fulfilment upon receipt of a Members redemption request, the actual redemption time will vary in accordance with the rules and regulations of the applicable partner or affiliate programme. HP does not guarantee fulfilment within the estimated time and shall not be liable for any liability, loss, claims, damages or expenses howsoever arising from any failure to redeem a reward within such estimated time.
3.5 To the extent permitted by local law, HP shall not be liable or responsible in any way for any liability, loss, claims, damages or expense howsoever arising from any changes to, or discontinuance of, any partner product, merchandise or service, and/or any partner withdrawals from the Programme, and/or any devaluation of rewards under the Programme caused by such change, discontinuance or withdrawal.
3.6 All Rewards under the Programme are provided to Members solely by our suppliers and affiliates and to the extent permitted by local law, HP makes no warranty in any respect whatsoever (including, without limitation, the availability, quality or condition) concerning such Rewards. Members must comply with the defective returns procedures of suppliers or affiliates for the exchange of defective rewards or merchandise. Under no circumstances will any Rewards be refunded by HP or exchanged for any Sales Points or cash.
3.7 Sales Points cannot be combined with or used in conjunction with any other promotion, coupon, discount or other special offers of HP, unless rules and regulations of the suppliers program allows such use of Sales Points.
3.8 Sales Points have no cash value and shall not be convertible into cash. Sales Points cannot be sold, purchased, assigned or transferred by any party, except as specifically provided in the terms herein or as may be allowed in any special programme(s) of HP. All redemption of Sales Points for Rewards submitted by a Member cannot be exchanged for cash, revoked or cancelled by Member nor any claim for cash refund entertained.
3.9 All Rewards under the Programme shall be subject to availability of the same and HP reserves the right to change any products, Rewards and the terms of the Programme required at any time and from time to time.
3.10 Travel Rewards under the Programme shall be subject to availability and the rules and regulations, policy and conditions of carriage of the airline providing such reward. To the extent permitted by local law, HP shall not be liable for any liability, claims, loss, damages, charges or expenses incurred in relation to any delay and/or additional charge imposed in relation to any travel rewards.
3.11 All Rewards redeemed under the Programme will, subject to any express agreement between a Member and HP, to be delivered to a Members registered office address or his/her personal address within the same city as office address, subject to prior approval from his/her respective company’s legally authorized person or partner management.
3.12 HP shall have the right to any final and conclusive decision in relation to any disputes arising out of or concerning the Programme, including, without limitation, disputes over Sales Points redemption and Rewards under the Programme. The recipients of Rewards made under the Programme may be subject to local taxation laws, and where, for any reason, tax is imposed on any benefits or rewards granted under the Programme, the recipient of such benefits or Rewards shall be solely responsible for settlement of such tax.
3.13 To the extent permitted by local law, HP shall not in any way be liable for any liability, claims, loss, damages or expenses arising out of or in relation to any death, personal injury or other damage to any person or any damage to property (real or personal) howsoever caused in relation to Rewards redeemed by Members under the Programme.
3.14 All designated promotion gifts mentioned in any Programme promotions are illustrated for communication only. Members shall receive Sales Points if they are eligible for such promotion gift and the Sales Points shall be used to redeem the designated promotion gifts accordingly.
3.15 After verification and processing of the redemption request, the delivery of Rewards may take approximately 4-6 weeks. In cases where Reward items are not available from the vendor at the time of redemption and the Member is unwilling to accept an alternative Reward in substitution, the 4-6 weeks delivery period will be extended.
3.16 Installation of all electrical or electronic goods redeemed shall be the Members sole responsibility and at its own cost.
3.17 All Rewards are subject to availability and any restriction may apply as to where and when the Rewards may be redeemed. HP reserves the right, at its sole discretion, to discontinue an item or to substitute a similar item of equal value at any time after notification prior to that item being redeemed. HP provides no guarantee that any Rewards will remain available for the entire term of the Programme.
4. Right of cancellation
4.1 HP hereby reserves the right to update and/or modify the Programme and any parts thereof (including, without limitation, these Terms and Conditions and the HP Sales Heroes Top Gun system) at any time and from time to time, after notification, if it considers, at its absolute discretion, that such update and/or modification is necessary.
4.2 HP reserves the right to modify or cancel the Programme at any time after notification. Redemption claims submitted prior to the effective date of the modification or cancellation of the Programme will still be honoured within the HP specified timeline.
4.3 In the event of any cancellation, a Member will have up to thirty (30) days to submit a claim for sales activities which have been placed prior to the cancellation date. Any unclaimed Sales Points remaining after the HP cut off date shall be automatically forfeited. Unclaimed Sales Points shall not be reimbursed in any form to the participant and no cash payments will be made for any unused Sales Points.
5. Changes in status between HP and sales partners
5.1 Where the company of a Member has stopped selling HP Products and no longer qualifies as a HP qualifying Managed Final Tier Membership, a participant may submit claims for HP ‘Sales Points’ prior to the termination of (1) sale of HP Products by such company; and/or (2) the HP qualifying Managed Final Tier Membership status of such company; and/or (3) any purchase or reseller agreement between such company and HP, provided that such claims are received by HP within the specified claim submission deadlines.
5.2 For the avoidance of doubt, any HP ‘ Sales Points’ or claims for activities conducted after the termination of (1) sale of HP Products by a Members company; and/or (2) the HP qualifying Managed Final Tier Membership status of such company; and/or (3) any purchase or reseller agreement between such company and HP, will not be eligible for reimbursement.
6. Points Deduction and Validity
6.1 Each Sales Point is valid to the period as stipulated in Points Summary in the Programme website.
Any Sales Points that have expired cannot be reinstated.
6.2 HP may, at its sole determination, deduct from Members remaining Sales Points:
6.3.1. Any Sales Points suspected to be fraudulently recorded or earned by Member.
6.3.2. Any Sales Points recorded in error; and
6.3.3. Any Sales Points relating to a transaction which is cancelled
7.1. To the extent permitted by local law, HP and any agents, contractors (if any) that it may use in the execution and management of this Programme do not warrant or represent (either directly or indirectly) :
7.1.1. That participation in and/or access to the whole or part(s) of the Programme, Programme materials, contents, information and/or functions contained therein will be provided uninterrupted, timely, secure and error-free.
7.1.2. That the quality of Rewards items redeemed by Member will meet Members expectations in any way. Neither does HP make any warranty or representation as to the merchantability, suitability of the Reward for the Members purposes or fitness for use of the Reward redeemed by the Member.
7.1.3. Employee Status: Member hereby acknowledge that one of key requirements for participation and eligibility in the Programme is Member’s employment status in HP Managed Final Tier Resellers with PC, Supplies and/or Printing Platinum / Gold / Silver membership or selected contracted non-Managed Final Tier Resellers. It is to be understood that Member shall solely be responsible in respect to his/ her employment status with his/her respective company/ organization and HP shall solely rely on such information. Nothing in the Programme will be construed as creating a joint venture, agency, partnership, or employment relationship between HP and Member. Members understand that if their company policy requires prior approval from their management, the onus lies with the Members to obtain their management consent for their participation in the Programme to benefit from participation of Programme and the use of redemption rewards has not violated any regulation and/or policies from his/her respective company and/or organizations. Members hereby agree and acknowledge that HP may in its sole discretion, contact and enquire Member’s respective company/ organization to verify Member’s employment status. HP and its agent(s) shall not be liable for any liability, loss, claims, damages or expense resulting from the Members’ enrolment on the Programme without seeking approval from their management and/or anything related to employment status of Member. HP reserves the right to suspend or disqualify any participant from the Programme, and/or forfeit Member from Programme, Sales Points and/or rewards, and to seek any legal means necessary due for Member’s violation and/or negligence pertaining to matters set forth herein
7.1.4. That no computer viruses shall be transmitted or that no damage shall occur to Members computer system as a result of any online activity of the Programme.
7.2. Any material downloaded or otherwise obtained through the Internet is done at Members own discretion and risk and that Member will be solely responsible for any damage to Members computer system or loss of data resulting from such download.
7.3. Limitation of Liability: Without prejudice to any provisions in the foregoing and to the extent permitted by local law and except for personal injury (including death), Members expressly understand and agree that HP and its agent(s) shall not be liable for (a) any losses, costs and damages resulting from the Members enrolment on the Programme, use of the Programme, redemption of the Rewards and use of the Reward items (b) any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, data or other intangible losses even if HP and its agent(s) have been advised of the possibility of such damage(s) resulting from Members participation in the Programme and/or its redemption and use of Rewards.
7.4. Notice: Notices to Members may be made via either e-mail or regular mail. The Programme website may also provide notices of changes to the terms and conditions or other matters by displaying notices or links to notices to Members generally on the service.
7.5. Governing Law: The terms and conditions set out herein shall be governed by and construed in accordance with the reseller’s country law and the courts of that country will have jurisdiction. For purposes of this paragraph, ‘person’ shall mean a human being or a corporate entity (whether or not having separate legal existence) as the case may be. If any provision of this Programme is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.