Merchant - Terms of Use

  1. Terms of Use
    1. Welcome to Collect, a rewards and recognition service providing you with the ability to reward customer loyalty, generate targeted promotions, gather customers feedback and marketing communications. These terms of use are intended to set out guidelines under which your ability to use the Service operate and to allow you to have trust in the safe platform we endeavour to provide for you.
    2. These terms of use are the terms on which we offer you the ability to become a Merchant and provide the service to your customers. If you choose to become a Merchant, you accept these terms of use.
    3. These terms of use are subject to change. Any amendments will be effective immediately upon posting of the amended terms of use on the website. It is your responsibility to ensure that you are familiar with the latest terms of service.
    4. These terms of use were last updated on 25 October 2016.
  2. Use of Website and Service
    1. Your use of the website and the service is done at entirely your own risk.
    2. We give no warranty of reliability of access to the website or the service, and no warranty that any information provided to you on the website or otherwise via the service is accurate or reliable.
    3. We give no warranty that any file downloaded from the website or sent to you 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. Unauthorized Use of Website or Service
    1. Any unauthorized use of the website or 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 terms of use.
  4. Membership
    1. Any retailer may sign up to become a Merchant by completing the information on the sign‑up page of the website. You will be asked to provide your business name, address, details of rewards and promotions you will offer and any marketing logos or material you would like us to use. We reserve the right to refuse to use any particular logo or marketing material.
    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. You agree that if your membership is terminated for any reason, you will forfeit any fees paid, including for promotions that are removed from the website or for packages that have already been purchased.
    5. You agree that you alone are responsible for all actions taken using your membership account. You agree to keep your login details secure and not to disclose your login details to any unauthorized other person or party.
  5. Refunds
    1. Trial subscriptions: You will be to create a trial account free of charge for an initial period. Once you have reached the end of your initial trial period you will be liable to pay the fees as set out on the pricing page of our website.
    2. Payment of your subscriptions will be made in accordance with the information set out on the pricing page of our website and in advance of using the service. You may cancel your membership with us by selecting the “Cancel Your Subscription” option in the “Profile” part of the web site. You can do this at anytime. Cancelling your membership will instigate a 30-day notice period during which time you are still liable to pay the fees as set out on the pricing page of our website until the end of the 30-day period.
    3. If you have paid your subscription annually in advance Collect will not provide any refund for any remaining prepaid period for a prepaid subscription.
  6. Payment
    1. Prices are in $NZD, $AUD, $USD or £GBP depending in what country your business resides. In New Zealand prices exclude GST which will be added. In other countries no sales tax is applicable unless stated otherwise on the website.
    2. When purchasing a subscription post any agreed free trial period, payment must be made monthly in advance.
    3. When renewing a subscription, payment must be made before the end date of the current subscription. If payment is not received, your access to the Services will cease to be available.
  7. Use of Information
    1. We will use aggregated statistical information gathered from all of our Users and Merchants to recommend types of promotions and packages to your intended target Users.
    2. By agreeing to these terms and conditions you agree to permit your point of sale and ecommerce software provider to provide us with details of all spending at your location. This will not be limited to our Users; however we are only able to individually identify persons who are our Users.
    3. We will not disclose any commercially sensitive information to any third party and in particular we will not disclose any statistics that identify you to other Merchants or Users, or that identify the success or failure of any of your specific promotions.
    4. We will provide you with an ability to send communications to our Users. However, some Users may elect not to receive such notifications and if they do, you agree to not send any such communications to those Users and you indemnify us from any loss we suffer as a result of you continuing to send any notification to Users who have elected not to receive such notifications.
    5. As part of the go-live process with Collect you can email all existing customers on your database that you choose to upload to advise them that you have now become Collect Merchant and encourage them to follow you. We mayl also, from time to time, email Users that have followed you to advise them of any outstanding rewards they have accumulated and any special promotions you or we may be running.
    6. Please see our Privacy Policy for further information regarding use of information and other privacy related matters, including Spam.
  8. 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, information found on the website, in connection with these terms and conditions, or in relation to any relationships entered into as a result of your use of the website or the Service.
    2. You are solely responsible for providing any promotions or rewards to Users of our service. You warrant that you will provide any and all rewards or treats in accordance with the information you provide to us.
    3. You are solely responsible for resolving any disputes with any User. We make no representation or warranty in relation to any User.
    4. We will take all reasonable care to ensure that information we publish in relation to Merchants and rewards is accurate, but we do not accept any liability relating to that information being incorrect or incomplete.
  9. 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 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 and conditions in any way.
  10. General Guidelines
    1. You agree not to damage the website or the Service 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 use because of any cause beyond our control.
    3. No Waiver: If we do not enforce any right available to us under these terms of use, it does not constitute a waiver of that right or any other right under these terms of use.
    4. Partial Invalidity: If any term under these terms of use 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 use 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 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 use, together with our website Terms of Service and Privacy Policy, represent the entire agreement between you and us. These terms of use supersede any other agreement made, past or future that relates to the subject matter contained in these terms of use.
  11. Definitions
    1. In these terms and conditions the following expressions shall have the following meanings, unless the context requires otherwise:
      1. “Merchant” means any retailer that has agreed to participate in the Service by providing Users with the ability to earn rewards or act on promotions at their retail location.
      2. “Collect, we, us, our” are all references to Collect Limited.
      3. “Service and Services” refers to the loyalty, rewards and insights platform that is made available to Users through the website and which will provide Merchants with information regarding Users spending at a Merchant’s location.
      4. “Website” means any Collect Limited website or page derived from
      5. “User” means a person who is able to use our Service at our Merchants.