Consumer - Terms of Service

  1. Terms of Use
    1. Welcome to Collect, a loyalty, rewards and recognition service providing participating Merchants with the ability to reward customer loyalty, generate targeted promotions, gather customers feedback and create marketing communications. You may participate in this Service by registering at a participating Merchant, by creating an account on our website. By doing so, you agree to these terms of service.
    2. These terms of service are intended to set out rules under which your use of the Service and this website operate and to allow you to have trust in the safe platform we endeavour to provide for you.
    3. These terms of service are the terms on which we offer you access to the Service and the website. If you choose to browse the website and use the Service, you accept these terms of service.
    4. These terms of service are subject to change. Any amendments will be effective immediately upon posting of the amended terms of service on this page. It is your responsibility to ensure that you are familiar with the latest terms of service.
    5. These terms of service were last updated on 25 October 2016.
    6. If you are a retailer, you can become a Merchant and offer our Service to your customers by completing our signup page on our website and accepting the Merchant - Terms of Use.
  2. Use of Website and Service
    1. Your use of the website, the application and the Service is done at entirely your own risk.
    2. We give no warranty of reliability of access to the website, the application or the Service, and no warranty that any information on the website is accurate or reliable.
    3. We give no warranty that any file downloaded from the website or sent to you by the website or from the application will be free of viruses or contamination.
    4. The website may contain links to third party websites, navigating 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.
  3. Unauthorised Use of Website or Service
    1. Your use of the website, the application and the Service is done at entirely your own risk.
  4. Unauthorised Use of Website or Service
    1. Your use of our Service is free and is available to people who are over the age of 18 or who have their parent’s consent. 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.
    2. You agree to give complete and accurate information to Collect and to update any information that may have changed.
    3. We may contact you to verify your details if required.
    4. 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 without notice or further explanation.
    5. You agree that if your access to the Service is terminated for any reason, you will forfeit any rewards or promotions earned or points gained towards earning a reward or promotion.
    6. You agree that you alone are responsible for your actions when using the Service. You agree to keep your log-in details secure and not to disclose your log-in details to any unauthorised other person or party.
  5. Description of Service
    1. To use the Service, a User must register an account online and provide certain information about you when you register with one or more of our Merchants. You will be given details of the Merchant once you have registered an account, provided your registration information and accepted these terms of service.
    2. When you register a Collect account you agree that when you purchase at one of our Merchants that you have subscribed to, your information and details of your spending at the Merchant will be available to us, including the amounts spent, time of your spending and products and services purchased. We will be provided with this information by the relevant point of sale or ecommerce software provider. We will then link the information provided to you and provide a report to the Merchant you have used. This report will identify you and will provide details to the Merchant of your spending at that particular Merchant only. We will not provide details of your spending to any person other than the Merchant(s) you have used.
    3. By using Collect, you accept that we will use your personal information in this way and you expressly consent to such use of your personal information.
    4. Once you have registered with the Merchant, you may either:
      1. automatically have your purchase details captured by the relevant software;
      2. refer friends to follow that Merchant;
      3. post activity to social media;
      4. and receive points.
    5. You may be eligible for a reward or an offer at that Merchant either following registration with a Merchant and/or after you have earned a certain number of points. You will receive more points by purchasing from that Merchant or undertaking social media activity on behalf of the Merchant.
    6. If you do not redeem any points awarded to you within a period of time predetermined by that Merchant of the last points being awarded at the Merchant your points will be cancelled and your balance of points from that Merchant will be reset to zero.
    7. The rewards and promotions are determined by the Merchant. We have no control over the rewards or promotions and are not responsible for any liability whatsoever that may arise from the rewards or promotions or the Service other than as expressed in these terms of service.
    8. Any points you earn may not be transferred between Merchants unless expressly enabled by the Merchant.
    9. We will take all reasonable care to ensure that information we publish in relation to Merchants and their rewards or promotions is accurate, but we do not accept any liability relating to information provided by third parties.
    10. Without limiting the preceding paragraphs, we do 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, and we exclude all warranties and representations, whether oral or written, of any nature whatsoever except those unable to be excluded by law.
    11. 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 will be forfeited by you unless the Merchant deems otherwise.
  6. Use of Information
    1. We will use aggregated statistical information gathered from all of our members to recommend types of promotions and packages to our Merchants who may send you communications regarding such promotions. You may elect not to receive such communication.
    2. Geographical location. While you use the Service, we may keep track of your device’s geographic location so that we can provide information to you regarding our Merchants based in your location.
    3. When you create an account you will provide us with certain information. This information is used to enable Merchants to create rewards and promotions specifically for the Users that most closely fit their target profile.
    4. Except as set out above, we will not disclose any personal information that could identify you to any third party and in particular we will not disclose any statistics that identify you as a User to other Users, unless you specifically invite or are invited and accept other Users into your friend network.
    5. When you register, you will be asked to provide certain information which you may provide using your Facebook or other social media login. If you do so, you authorise us to access certain Facebook or other social media information. This information is also subject to our Privacy Policy.
    6. Please review our Privacy Policy for further information regarding our use of your information.
  7. Limitation of Liability
    1. You agree that, to the fullest extent permitted by law, we are not responsible for any loss, injury or damage caused to any person or property (including under contract, by negligence, statute, product liability or otherwise), whether they be direct or indirect, special, incidental or consequential, resulting from the application of information found on the website, in connection with these terms of service or in relation to any relationships entered into as a result of your use of the website, the application or our Service.
  8. Breach of Terms and Conditions
    1. Without limiting any other rights available to us at law as a result of any breach of these terms and conditions by you, we may block your access to the Service, the application or the website, cancel your membership or take any other action that we believe appropriate.
    2. You agree to indemnify and keep indemnified us from and against all costs, proceedings or liabilities brought against or incurred by us in connection with your breach of these terms of service in any way.
  9. General Guidelines
    1. You agree not to damage the website or application in any way.
    2. FORCE MAJEURE: We are not liable for lack of performance, unavailability or failure of the website or service, or failure to comply with these terms of service because of any cause beyond our control
    3. NO WAIVER: If we do not enforce any right available to us under these terms of service, it does not constitute a waiver of that right or any other right under these terms of service.
    4. PARTIAL INVALIDITY: If any term under these terms of service is held to be invalid, unenforceable or illegal for any reason, it will not affect the remaining terms of service, which will remain in full force.
    5. GOVERNING LAW: These terms of service are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
    6. INTELLECTUAL PROPERTY: The website, the application and the Service contain intellectual property that is either owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, content, software and graphics. Reproduction of any intellectual property is prohibited without our express consent.
    7. ENTIRE AGREEMENT: These terms of service represent the entire agreement between you and us. These terms of service supersede any other agreement made, past or future that relates to the subject matter contained in these terms of service.
  10. Definitions
    1. In these terms and conditions the following expressions shall have the following meanings, unless the context requires otherwise:
      1. “APPLICATION” means the Collect application owned and operated by Collect Limited and which must be registered for by a User to use the Service.
      2. “MERCHANT” means any retailer that has agreed to participate in the Service by providing Users with the ability to earn rewards or promotions or participate in promotions at their retail location.
      3. “COLLECT, WE, US, OUR” are all references to Collect Limited.
      4. “SERVICE AND SERVICES” refers to the Smartphone application rewards and insights platform that is described in these Terms of Service.
      5. “WEBSITE” means any Collect Limited website or page derived from
      6. “YOU/USER” means a person using our website and or who has registered with the application and is able to use our Service.