LOYALOCAL PROGRAM TERMS OF USE

LOYALOCAL PROGRAM TERMS OF USE

1 General

By installing the App or accessing the website located at www.loyalocal.co.nz and registering for membership you agree to be bound by these terms of use (Terms of Use). Please review them carefully before installation and/or acceptance.

We may change these Terms of Use at any time for legal or business reasons by updating them on the website at www.loyalocal.co.nz/terms and via the App. Unless stated otherwise, any changes take effect immediately and by continuing to use the Website or the App you agree to be bound by the changed Terms of Use. You are responsible for ensuring you are familiar with the latest Terms of Use.

2 Definitions

App means the Loyalocal mobile application software by Kia Ora Club Limited (Us) to operate a community engagement and loyalty and community support program to be used on Apple iOS and android devices and any upgrades from time to time, and any other software or documentation which enables the use of the App.

Community Payment means the portion of the Loyalty Fee that is donated to the Loyalocal Community Organisation that is selected by the Member as their preferred charity.

Favourite means a Merchant that you have selected as a Favourite in the App. This will list the Merchant on your Favourites page on the App and allow in-app notifications of that Merchant’s Offers.

GST means Goods and Services Tax in accordance with the Goods and Services Tax Act 1985.

Loyal Cash means Savings that have been accumulated in a Member Account and which can be redeemed by Members on return visits to those Merchants.

Loyalocal Community Organisation means a charitable organisation participating in the Program and which it is entitled to receive donations.

Loyalty Fee means a portion of the value of your transaction with a Merchant that is attributable to a Loyalocal Community Organisation because you have selected that Community Organisation as your preferred charity.

Member or you means the person who has created a Loyalocal Member Account.

Member Account means a Member’s Loyalocal Membership account accessible via the App.

Merchant means a goods or services retailer participating in the Program.

Offer means a percentage cashback or savings offer on certain Merchant transactions that is accumulated as Loyal Cash in your Member Account.

Products means goods and services offered by Merchants to Members for purchase.

Program means the Loyalocal Program operated by us.

Redemption means when you redeem Loyal Cash with a Merchant.

Savings means credits from cashback offers made by Participating Merchants that can be accumulated as Loyal Cash.

Website means the www.loyalocal.co.nz website.

Us or we means Kia Ora Club Limited.

3 Data Protection and Privacy

3.1 Protecting your privacy is important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy as well as our use and disclosure of your information. You agree to us using your personal information as described in our Privacy Policy at www.loyalocal.co.nz/privacy-policy.

3.2 While we take reasonable steps to ensure that the Website and the App are reasonably secure, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you post, send or share using the App or Website may be read or intercepted by others.

3.3 Please note that where we include links in the App or Website to the applications, website or services of third parties, we are not responsible for the privacy practices of such third parties, or the way they handle any personal information they collect about you. You should ensure you read their privacy policies carefully before using these third party website or services.

4 Proprietary Rights and Licence

4.1 All trade marks, copyright, database rights, and other intellectual property rights of any nature in the App and Website together with the underlying software code are owned directly either by us or by our licensors.

4.2 We hereby grant you a worldwide, non-exclusive, royalty-free revocable licence to use the App and Website for your personal use in accordance with these Terms of Use.

5 General Conditions of Use

5.1 The App comprises an online platform where Members participate in the Program, earn savings at participating Merchants and support Community Organisations.

5.2 By creating a Member Account, you:

(a) Consent to us conducting verification and security procedures in respect of the information provided during the registration process; and

(b) Agree to keep any login and account details confidential and secure.

5.3 You confirm that all information and details you provide us are true, accurate and up to date in all respects and at all times. You can update and correct your personal details at any time by contacting us.

5.4 You will not, nor allow third parties on your behalf to:

(a) make and distribute copies of the Ap or Website;

(b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the App or Website; or

(c) create derivative works of the App or Website of any kind whatsoever.

5.5 We reserve the right to amend or withdraw the App or Website in accordance with these Terms of Use at any time and for any reason.

5.6 As a Member you agree to compensate and indemnify us against any loss, damage, liability or claims that we suffer or become liable for as a result of your failure to comply with these Terms of Use.

6 Availability

6.1 We will use reasonable efforts to make the App and Website available at all times. However, you acknowledge the App and Website are provided on the internet and on mobile networks, so the quality and availability of the App and Website may be affected by factors outside our reasonable control.

6.2 We, our group of companies, and our sub-contractors do not accept any responsibility whatsoever for unavailability of the App and Website or any difficulty or inability to download or access content or any other communication system failure which may result in the App or Website being unavailable.

6.3 We will not be responsible for any support or maintenance for the App and Website.

Membership

7 Registration

7.1 Users can register as Members on the App by completing the Member Account registration process.

7.2 As part of the registration process Members nominate a Loyalocal Community Organisation to receive donations from Merchants triggered by qualifying purchases.

7.3 In the App Members can select Favourites and accumulate Loyal Cash.

8 Earning Loyal Cash

8.1 Loyal Cash is earned as follows:

(a) Each Merchant has nominated an Offer, being a percentage of the purchase price of qualifying Product purchases. Loyal Cash earned on a Member’s purchase is based on the Offer percentage on the total purchase price (inc. GST). Merchants can change the Offer from time to time. For example, if a Merchant has nominated an Offer of 10%, for every ten dollars (inc. GST) spent on a purchase with that Merchant you will earn 1 credit of Savings, which will be converted to Loyal Cash. Note: Some goods and services offered by a Merchant may not attract Loyal Cash;

(b) You must present your Membership before the transaction is totaled at the register. Savings cannot be earned, or a transaction cannot be reversed for the purpose of earning Savings if the Membership is not presented before the transaction is totaled;

(c) On completion of the purchase the Savings credits earned will be added to your Member Account as Pending Savings. 12 hours later Pending Savings are converted to Active Savings, or Loyal Cash;

(d) A Merchant may apply to us to reverse Loyal Cash earned where a transaction is cancelled, or a refund is given;

(e) You can also earn Loyal Cash when redeeming Loyal Cash.

9 Redeeming Loyal Cash

9.1 Loyal Cash is redeemed as follows:

(a) Loyal Cash can only be redeemed at the Merchant with which that Loyal Cash was earned;

(b) To redeem Loyal Cash you must present your Member Account to the Merchant before the transaction is finalised;

(c) One (1) credit of Loyal Cash = $1.00. By redeeming 1 credit of Loyal Cash you receive $1 off that purchase;

(d) Your Loyal Cash balance will be reduced by the amount of Loyal Cash redeemed;

(e) Loyal Cash may be redeemed up to 2 years after it is earned. After that, it expires, and your Loyal Cash balance will be automatically reduced by the credits of Loyal Cash that have expired.

10 Other Loyal Cash Terms

10.1 Credits can be earned before a Member Account has been activated. Those will be recorded and added to the Member Account once it has been activated.

10.2 Loyal Cash is not transferable.

10.3 We may correct erroneous, invalid Loyal Cash credits or adjust for reversed transactions at any time even if it results in a negative Loyal Cash balance.

11 Cancellation

11.1 Membership may be cancelled at any time via the Member Account. Any Loyal Cash held in the Member Account at the time of cancellation will be lost.

11.2 A Member who has cancelled their membership can reregister at any time. However, any Loyal Cash the Member may have held at the time of cancellation will not be reinstated.

12 Remedies

12.1 If you breach these Terms of Use then (without limiting any other remedy we may have), we may at our sole discretion, disable or partially disable, modify or delete any or all of your accounts, block your IP address or device from accessing the Website or App, or in any other lawful way partially or fully restrict your access to the Website or App. This includes breaches of our codes of conduct.

12.2 You agree to compensate us and keep us compensated for any loss We suffer (including financial or reputational loss) howsoever arising, as a result of your breach of these Terms of Use.

13 Disclaimer and Liability

13.1 The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms of Use must in all cases be read subject to those statutory provisions.

13.2 To the maximum extent permitted by law, and for the avoidance of doubt, we hereby disclaim all implied warranties with regard to the Website and the App. The Website, App and software are provided “as is” and “as available” without warranty of any kind.

13.3 In no event will we be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the Website, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.

13.4 We are not liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of the Website or App.

13.5 The Website may include links to third party websites. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and We do not necessarily endorse the views expressed in them.

14 General

14.1 Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God interfere with our performance of any of our obligations under these Terms of Use then we may at our sole discretion suspend our performance of any such obligation or cancel any contract and we will not be liable to you in any respect.

14.2 Waiver: These Terms of Use remain in force notwithstanding any neglect, forbearance or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.

14.3 Severability: If any clause or provision of these Terms of Use will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.

14.4 Entire agreement: These Terms of Use constitute the entire agreement between you and us and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to the Website and the App.

14.5 Assignment: You acknowledge that we may transfer our rights under these Terms of Use (and any related claims) to any third party without having to obtain your prior consent.

15 Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of New Zealand. You agree to submit to the non- exclusive jurisdiction of the New Zealand courts.

For any query, complaint or comment, please contact us by email at support@loyalocal.nz.

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