Terms and Conditions

1. The Tomato Red Card shall only be used in respect of the discounts and privileges specified under this program and in accordance with the Terms & Conditions herein. Failure to comply with such terms & conditions shall result in the refusal and/or the cancellation of the card by Prime Colors International Inc. (herein referred to as the "Company").

2. The Tomato Red Card is only given through purchasing the Tomato Datebook and has to be activated online through the Tomato website (www.tomato.ph). 3. The Tomato Red Card member may only redeem the Tomato Red Card treats and privileges if he/she has the Tomato Red Card with him/her upon making the transaction/purchase.

4. The Tomato Red Card gives the card member exclusive privileges. Tomato Red Card member's benefits are exclusive and non-transferable.

5. The Reward Card (or stamp collection card) is exclusive for Tomato Red Card members only. For purchases to be acknowledged for purposes of stamp collection, they must have their Tomato Red Card with them during the transaction. The Reward Card is valid from January 1, 2012 to Dec 31, 2012 only.

6. The Tomato Red Card has varying monthly privileges and treats for the Card members. They may come in the form of straight up discounts, redemption of items, points-accumulation, and/or others not stated herein. Card members will be informed of upcoming monthly privileges through email.

7. The Tomato Red Card offers a birthday discount. The birthday discount gives a one time (single receipt) 15% off to the card member. Discount only applies to regular priced items. The Tomato Red Card member may redeem the one time discount on any day of his/her birthday month. He/she must simply present a valid ID indicating his/her birthday.

8. The Tomato Red Card has a lifetime validity; no need for renewal. Validity shall only be cancelled if card has been reported stolen or missing or had been revoked, cancelled or terminated earlier.

9. All discounts are only valid with regular Tomato and Tomato Green Items. This cannot be applied on sale or on promo packages. 10. The Tomato Red Card can be used at all stores/outlets/kiosks of Tomato.

11. The Tomato Red Card is a privilege card, and not a credit card and must be presented prior to the purchase of goods to be entitled to the discounts and privileges conferred by the use of the card.

12. The Tomato Red Card and the discounts and privileges conferred by the use of the card under this program are not valid with other promotions, vouchers, cards or discounts unless otherwise stated.

13. Tomato Red Card member discounts are only applicable for the purchase of merchandise and not for the purchase of gift checks, vouchers, premiums and services.

14. The Company will not be held responsible for any damaged/lost/stolen card. At the Tomato Red Card member's request, the Company may, but under obligation, replace a damaged (upon the Tomato Red Card members presentation of the original card) /lost/stolen card at a replacement fee.

15. In the event a Tomato Red Card is damaged/lost/stolen, a replacement form must be filled out and the replacement fee paid together when submitting the form. Please allow four weeks for the processing of the new card.

16. In the event of any abuse or fraud in respect of the card, discounts, privileges or in the event the Red

Card member breaches any of the terms & Conditions stated herein, the Company has the right to revoke and cancel the card, and withdraw all privileges conferred by the use of the card without being liable therefore in damages.

17. By participating in this program, you are agreeing to receive future communications and promotional offers from the company.

18. The company will keep the Tomato Red Card members information confidential but may provide such information to its agent, contractor or third party service provider in connection with the operation of its business or any person under a duty of confidentiality to the Company.

19. In the event of a dispute arising out of or in connection with transactions made with the Tomato Red Card under this program, the transaction records of the company relating to his program shall be deemed conclusive and binding on the Tomato Red Card member.

20. In the event of a technical fault or malfunction of the system or a temporary suspension of the program, Tomato Red Card member discounts and privileges conferred by the use of the card will not be issued.

21. Any decision regarding the Tomato Red Card member's membership shall be final and binding and at the sole discretion of the company.

22. The company may at any time and in its absolute discretion, amend or terminate the discounts, privileges, terms and conditions without any reference to the Tomato Red Card member without assigning any reason or notice.

23. The company reserves the right to reject, ban or restrict any application without prejudice to any party. The Tomato Red Card remains the property of the company and must be returned to the company upon request.

24. The Tomato Red Card member hereby undertakes to indemnify and keep Prime Colors International Inc. harmless from and against any actions, proceedings, claims, liabilities (including statutory liability), penalties, demands, costs (including without limitation, legal costs on a solicitor and own client basis), awards, damages, losses, and/or expenses however arising as may be directly or indirectly suffered or incurred by Prime Colors International Inc. by reason of and/or as a result of any breach or non-compliance by the Tomato Red Card member of these conditions.