Consumer - Terms of Use

As at 26th October 2017

  1. Terms of Use

    1. Welcome to Collect, a service designed to enable participating Merchants to reward customer loyalty, generate targeted promotions, gather customer feedback and send marketing communications to and for the benefit of Consumers, based on recommendations provided to the Merchant from Collect (which Collect generates by analysing information regarding the Users) (the Service).

    2. Prospective consumers must create a Collect account (via a Merchant) with each Merchant from which they want to receive communications, rewards, offers and promotions from and will become a Consumer (of that Merchant). Prospective consumers must register on each Merchant’s online retail platform, which is hosted by third party point of sale / e-commerce software. You will be provided with log on details once you have registered with a Merchant.

    3. These are the terms between Collect and the Consumer that are provided to Consumers by Merchants on behalf of Collect (the Consumer Terms). There are separate terms between Collect and the Merchants, which can be accessed here: Merchant Terms . Please note the Merchant Terms also govern the relationship between Merchants and Consumers.

    4. If you become a Consumer, you acknowledge that you have read, understood and agree to these Consumer Terms.

    5. These Consumer Terms are subject to change. Any amendments will be effective immediately upon posting of the amended Consumer Terms on the Website.

  1. Consumer Membership

    1. Prospective consumers must register with one or more Merchant(s) in order to obtain the benefits of the Service from that Merchant. The registration process requires a prospective consumer to first create an account via a Merchant and provide certain information to each Merchant.

    2. When you register to become a Consumer, you agree that for purchases that you have made from the relevant Merchant, your information and details of your transaction with that Merchant, including but not limited to, the amounts spent, time of transaction and products/services purchased, will be provided to Collect (Transaction Information). We will then link the Transaction Information to you. We will also provide a report to the applicable Merchant (only), which will identify you and will provide details to the Merchant of your spending at that particular Merchant only, including the Transaction Information. We will not provide details of your spending to any person other than the Merchant(s) you have used.

    3. By being a Consumer and using and accessing the Services, you agree and acknowledge that we will use and disclose your personal information in this way (and in the set out in our Privacy Policy) and you expressly consent to such use and disclosure of your personal information.

    4. Each Merchant that you are registered with has complete discretion to offer Consumers rewards, offers and promotions (based on our recommendations to that Merchant). Collect has no control over the rewards or promotions that a Merchant may or may not offer you, and Collect is not liable in any way for the promotions and rewards offered (or not offered) to Consumers, and anything whatsoever that may arise from those specials other than as expressed in these Consumer Terms, including for example, where a Merchant offers you a reward which you are eligible for, but the Merchant does not honor.

    5. The specific details of the loyalty program or offer made by the Merchant will be provided to you from the Merchant. Consumers can only clarify the offer with the Merchant directly. Some examples where a Consumer may be eligible for a reward, promotion or offer include (but are not limited to) registering with particular Merchants, or after a Consumer has earned a certain number of points with a Merchant (which for example, could be earned by undertaking social media activity for the Merchant).

    6. Points earned with Merchants may expire. If you do not redeem points awarded to you by a Merchant within certain timeframes (as determined by that Merchant) your accumulated points may be cancelled in full or in part

    7. Any points or rewards you earn through the Service may not be transferred between Merchants unless expressly permitted by those Merchants (which Collect has no involvement in).

    8. Collect will take reasonable care to ensure that any information we publish in relation to Merchants and their rewards or promotions is accurate, but Collect does not accept any liability relating to information provided by or in connection with Merchants.

    9. You agree to provide complete and accurate information to any Merchant with whom you register, and to update that Merchant of any information that may change during your membership.

    10. Merchants and/or Collect may contact you to verify your details if required.

    11. Consumers can use and access the Service for free.

    12. You agree that you alone are responsible for your actions when using the Service and using and accessing the Service. You agree to keep your login details secure and not to disclose your login details to any unauthorised other person or party. You must immediately notify Collect of any unauthorised use of your login details or any other breach of security.

    13. The Merchant is solely responsible for resolving any disputes with any Consumer. Collect makes no representation or warranty to or in relation to any Consumer.

  1. Cancelling a Consumer Membership

    1. These Consumer Terms commence from the date you are approved as a Consumer and will continue in full force and effect until your membership is cancelled.

    2. You may cancel your membership with any Merchant or us at any time.

    3. Cancelling your membership with one or more Merchants and/or Collect (as applicable) will be effective immediately.

    4. We reserve the right to suspend or exclude any Merchant from the Service, and any Merchant may terminate its participation in the Service. In this case, any rewards, promotions or points earned by any Consumers will be forfeited unless the Merchant deems otherwise.

    5. We reserve the sole discretion as to who may be a User and retain the right to terminate any User’s access to the Service and/or Collect Platform without notice or further explanation.

    6. You agree that if your membership as a Consumer is terminated for any reason, you will no longer be entitled to receive, use or access the Services, and you will forfeit any rewards, offers, specials or promotions earned or points gained.

  1. Use of the Service

    1. Your use of the Service is done at entirely your own risk.

    2. We give no warranty of reliability of access to the Service, and no warranty that any information on the Website or otherwise provided to you in connection with the Service is complete, accurate or reliable.

    3. We give no warranty that any file downloaded from the Website or sent or provided to you from Collect will be free of viruses or contamination.

    4. The Website may contain links to third party websites and applications (for example, Apple Wallet) that navigate you away from the Website. We have no control and no responsibility for any content contained in any third party website. By using any of these links, you acknowledge that you are doing so at your own risk.

    5. When using the Service, you warrant that either you are over the age of 18, have contractual capacity and that you can legally form a binding contract that is enforceable against you, or that you have your parent’s consent.

    6. Any unauthorised use of the Service (including, but not limited to, hacking, use of any robot, spider or any other automated device or process) shall constitute a violation of these Consumer Terms.

  1. Use of Information

    1. Collect will aggregate information gathered from all Users in order to recommend promotions and packages to Merchants who may, at their discretion, send communications regarding those specials to certain Consumers. Consumers may elect not to receive such communications by notifying the relevant Merchant.

    2. Except as set out above and in our Privacy Policy, Collect will not disclose any personal information that could identify you to any third party and in particular, Collect will not disclose any personal information that identifies you as a Consumer to other Consumers, unless you specifically invite or are invited and accept other Consumers into your friend network.

    3. Merchants will provide a list of its transactions to Collect, and Collect will use a unique identifier (generated as part of your application with that Merchant) to identify that Merchant’s Consumers.

    4. When you register to become a Consumer, you will be asked to provide certain information which you may provide using your Facebook or other social media platforms. If you do so, you authorise Collect to use, access and disclose that information and use it for the purposes set out above and in the Privacy Policy.

    5. Please see our Privacy Policy for further information regarding our use, access and disclosure of your personal information and other privacy related matters.

  1. Limitation of Liability

    1. To the fullest extent permitted by law, neither party is liable to the other party for any loss, injury or damage caused suffered or incurred by the first party resulting out of or in connection with these Consumer Terms, whether direct or indirect, special, incidental or consequential, including any loss of profits, revenue or anticipated saving, or loss of data.

    2. To the extent any liability is not covered by clause 7(a), the maximum aggregate liability of either party under or in connection with these Consumer Terms in respect of all claims, proceedings, actions, liabilities, damages, costs, expenses or losses will be limited to the Fees paid by the Merchant in the previous 12 months.

    3. These limitations apply irrespective of how liability arises, whether in contract, equity, tort (including negligence), breach of statutory duty or otherwise, but will not apply to or limit the liability of either party for breach of confidentiality, or for any fraudulent, wilful or unlawful act or omission.

    4. Collect does not accept any liability whatsoever with respect to any Merchant’s refusal to provide a reward or treat earned or to credit any points to you (or any other benefit offered to a Consumer in connection with the Service), and we exclude all warranties and representations, whether oral or written, of any nature whatsoever except those unable to be excluded by law.

  1. Breach of Consumer Terms

    1. Collect may, either itself or on a Merchant’s direction, block your access to the Service, cancel your membership or take any other action that Collect believes is appropriate if, without limiting any other rights available to us at law as a result of any breach of these Consumer Terms (or Privacy Policy) by a Consumer and: (a) you do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied; or (b) the breach is incapable of being remedied.

    2. The Consumer hereby indemnifies Collect and/or the relevant Merchant from and against, and shall pay on demand, all costs, damages, expenses or other amounts payable to Merchants or any other third party by Collect, or incurred by Collect and/or the relevant Merchant in relation to a Merchant or any other third party arising in connection with your breach of these Consumer Terms by you or otherwise as a result of or to the extent caused by your acts or omissions. For the avoidance of doubt, the exclusion set out in clause 6(a) does not apply in relation to this clause 7(b).

  1. General Guidelines

    1. Damage: You agree not to intentionally damage the Service in any way.

    2. Force majeure: Either party may terminate these Consumer Terms by notice in writing to the other party, with immediate effect on the date specified in that notice, if either party is unable to perform all, or a substantial part, of its obligations under these Consumer Terms as a result of an event or circumstance beyond the reasonable control of either party which makes it impossible or illegal to perform that party’s obligations (Force Majeure Event) for a continuous period of 30 business days. We are not liable for lack of performance, unavailability or failure of the Service, or failure to comply with these Consumer Terms because of any Force Majeure Event.

    3. No waiver: If either party does not enforce any right available to it under these Consumer Terms, it does not constitute a waiver of that right or any other right under these Consumer Terms.

    4. Partial invalidity: If any term under these Consumer Terms is held to be invalid, unenforceable or illegal for any reason, that part of the provision is deemed to be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision, and it will not affect the remaining terms, which will remain in full force.

    5. Governing law: These Consumer Terms are governed by the laws of New Zealand. Each party irrevocably submits to the exclusive jurisdiction of the Courts of New Zealand for the purpose of hearing and determining all disputes under or in connection with these Consumer Terms.

    6. Intellectual property: The Service contains intellectual property rights that are either owned by or licensed to Collect. This material includes, but is not limited to, the Collect logo, the design, layout, look, appearance, content, software and graphics. Title to, and all of these intellectual property rights, remains our (or our licensor’s) property. Reproduction of any intellectual property is prohibited without our express consent.

    7. Entire agreement: These Consumer Terms, together with the Privacy Policy, represent the entire agreement between you and us. These Consumer Terms supersede any other agreement made, past or future that relates to the subject matter contained in these Consumer Terms.

    8. Assignment: You may not assign or transfer any rights or obligations under these Consumer Terms to any other person without our consent.

    9. No further Warranties: Representations or warranties (statutory, express or implied) that are not expressly referred to in these Consumer Terms are excluded to the fullest extent permitted by law.

    10. Notices: Any notice given under these Consumer Terms by either party to the other must be in writing by email, and is deemed to have been given on transmission. Notices emailed to Collect must be sent to or to any other email address notified by email to you by us. Notices to the Consumer will be sent to the email address you provide in your application.

  1. Definitions

    1. In these Consumer Terms the following expressions shall have the following meanings, unless the context requires otherwise:

      • “Collect, we, us, our” are all references to Collect Limited.

      • “Consumer or you” means a person, who has registered and been approved by the Merchant to receive the benefit of the Service.

      • “Merchant” means any retailer approved by Collect that has signed up to participate in the Service.

      • “Service(s)” has the meaning set out in clause 1 of these Consumer Terms.

      • “Users” means Consumers and Merchants.

      • “Website” means any Collect website or page derived from