1. Terms of use

  1. Welcome to rewardjunkie!, a smartphone based rewards program providing Participating Retailers with the ability to reward loyalty and send their target market real time vouchers and promotions straight to their Smartphone. You may participate in this Service by downloading our free application. 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 or become a rewardjunkie! member 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 2 August 2012.
  6. If you are a retailer, you can become a Dealer and offer our Service to your customers by completing our sign up page on our website and accepting the Dealer 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 downloaded to your mobile device 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. Any unauthorised use of the website, application 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. Use of 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 downloading the application, 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 rewardjunkie! 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 treats earned or points gained towards earning a reward or treat.
  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 download the application, provide certain information about you and then register with one or more of our Dealers. You will be given details of the various Dealers once you have downloaded the application, provided your registration information and accepted these terms of service.
  2. When you download our application, you will be given the option to link up your purchase card (being your debit card, credit card or other card supported by the application) and provide us with 10 digits from your purchase card. If you link up your purchase card, you agree that when you use your purchase card at one of our Dealers, your information and details of your spending at the Dealer will be available to us, including the amounts spent and time of your spending. We will be provided with this information (which will identify your purchase card but not your identity) by the relevant payments switch provider (which processes purchase cards payments on behalf of your bank). We will then link the information provided by that payments switch provider to you and provide a report to the Dealers you have used. This report will identify you and will provide details to the Dealer of your spending at that particular Dealer only. We will not provide details of your spending to any person other than the Dealer(s) you have used.
  3. By downloading our application and linking your purchase card, 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 Dealer, following each purchase at that Dealer you may either:(a) scan your mobile device at their premises; or
    (b) if you have linked your purchase card to our application, swipe your card to complete your purchase;and receive points.
  5. You may be eligible for a reward or treat at that Dealer either following registration with a Dealer and/or after you have earned a certain number of points. You will receive more points by swiping your linked purchase card than by scanning your mobile device.
  6. The rewards and treats are determined by the Dealer. We have no control over the rewards or treats and are not responsible for any liability whatsoever that may arise from the rewards or treats or the Service other than as expressed in these terms of service.
  7. Any points you earn may not be transferred between Dealers.
  8. We will take all reasonable care to ensure that information we publish in relation to Dealers and their rewards or treats is accurate, but we do not accept any liability relating to information provided by third parties.
  9. Without limiting the preceding paragraphs, we do not accept any liability whatsoever with respect to any Dealer’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.
  10. We reserve the right to suspend or exclude any Dealer from the Service, and any Dealer may terminate its participation in the Service. In this case, any rewards, treats or points earned will be forfeited by you unless the Dealer 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 Dealers who may send you push notifications or other communications regarding such promotions. You may elect not to receive such push notifications or other 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 Dealers based in your location.
  3. When you download our application, link to your purchase card (if you choose to) and accept these terms of service, you will provide us with certain information. This information is used to enable Dealers to create rewards and treats 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.
  5. When you register, you will be asked to provide certain information which you may provide using your Facebook or Twitter login. If you do so, you authorise us to access certain Facebook or Twitter profile information. This information is also subject to our Privacy Policy.
  6. As noted above, you may provide a partial reading (ten of the sixteen digits of the purchase card you use at a Dealer) as an alternative to scanning your mobile device. We will use this information to track your spend at a Dealer and in accordance with these terms of service and our Privacy Policy. We will not at any time obtain full details of your purchase card and will not provide your card details to any third party other than as set out in these terms of service.
  7. 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:“application” means the rewardjunkie! smartphone application owned and operate by Rewardjunkie Limited and which must be downloaded by a User to use the Service.
    “Dealer” means any retailer that has agreed to participate in the Service by providing Users with the ability to earn rewards or treats or participate in promotions at their retail location.
    “rewardjunkie!, we, us, our” are all references to Rewardjunkie Limited
    “Service and Services” refers to the Smartphone application rewards and insights platform that is described in these Terms of Service.
    “Website” means any Rewardjunkie Limited website or page derived from www.rewardjunkie.co
    “you/user” means a person using our website and or who has downloaded the application and is able to use our Service.