Terms and Conditions
Enrolment to, and operation of, the Intelligent Rewards Programme is governed by the terms and conditions as outlined below. These terms and conditions replace all other terms and conditions given either verbally or in writing.
The member is deemed to have accepted the terms and conditions of the Intelligent Rewards Programme unless otherwise notified within 7 days of receiving this offer.
A. Smart Loyalty New Zealand Limited ("Smart Loyalty") operates, a Programme known as the Intelligent Rewards Programme pursuant to which Merchants’ customers gain points in exchange for purchases affected at Merchants’ premises, such points being credited to members Intelligent Rewards Reward account administered by Smart Trade Reward Programme Members Trust Fund ("STRPMTF").
B. The member wishes the Merchant to enrol the member into the Intelligent Rewards Programme.
C. The member wishes to utilise and be party to the Intelligent Rewards Programme and to obtain benefits as described on various literature, offered by Intelligent Rewards, the Merchant and/or other Intelligent Rewards merchants.
In this agreement, unless inconsistent with the context, the following terms shall have the following meanings:
- "Authorisation" means the process effected in respect of a transaction authorised by an approved Merchant.
- "Member" means a person to whom a Merchant has authorised to be a part of the Intelligent Rewards Programme.
- "Transaction" means the process whereby an authorisation or identification of a member by manual or electronic means, which results in points being allocated to the member in the STRPMTF.
This agreement shall be governed by New Zealand Law, and the parties submit to the exclusive jurisdiction of the courts of New Zealand.
Agreement to Provide Data
- Reward points shall be calculated only in respect of Authorised Transactions by Members that have been authorised by the relevant Merchant in writing to include data relating to their authorised transactions into the Intelligent Rewards Programme.
- Points will continue to accumulate for a maximum period of three years and will then expire from the oldest month first.
- Any points used to claim rewards will be deducted from the oldest points.
- Points will be allocated to your Intelligent Rewards account in the month payment is made by the Merchant to STRPMTF.
Modification of Terms and Conditions
It is agreed that the Merchant and Smart Loyalty may mutually agree to vary the terms and conditions at any time by providing written notice of the variation, in writing, to the last known address of the Member.
Transaction Data to Relate to Authorised Transactions Only
- The member understands that the allocation of points is solely the responsibility of the Merchant and any claim by a member will be between the member and the Merchant.
- It is acknowledged that Smart Loyalty is a service provider for the provision of the Intelligent Rewards programme and The Merchant is not a partner, joint venturer, sub-contractor, agent, servant, or employee of Smart Loyalty.
- Neither Smart Loyalty nor the Merchant shall be liable or responsible to any person, or company, for or on account of any error in the allocation or calculation of points. In no circumstances shall Smart Loyalty or The Merchant be held liable for any loss of business or profits or for any other consequential loss or damage suffered by the member or any other person in relation to the provision of the Intelligent Rewards Programme.
Termination by the Member
- Membership of the Intelligent Rewards Programme may be terminated immediately by providing, in writing, notification to the Merchant or Smart Loyalty that the member wishes to be removed from the Intelligent Rewards Programme.
- Any points held for more than 3 years will be forfeited if not redeemed.
- Intelligent Rewards points are non-transferable, may not be assigned and cannot be converted to cash.
Termination by the Merchant or Smart Loyalty
- The Intelligent Rewards Programme membership will terminate immediately in the event that Smart Loyalty or the Merchant enters into liquidation, becomes insolvent, ceases to trade or decides to discontinue the Intelligent Rewards Programme. The merchant shall have no obligations to the member in this event for the redemption of points or continuation of the programme once the member has been notified by mail to their last known address by Smart Loyalty.
- In the event of termination under clause 7.1 the member will have 3 months from the date of notification to redeem their points after which time any unredeemed points become the property of Smart Loyalty.
Any notice or communication given pursuant to or in connection with this Agreement shall be given to the address specified on this form or to such other address as the member has advised in writing.
Intelligent Rewards Personal Information Notice
Smart Loyalty will collect information ("the information") about members ("the members") including information provided:
- on the Merchant application;
- by participating companies (being all companies participating in the Intelligent Rewards Programme) about member transactions;
The members consent to Smart Loyalty, The Merchant and/or its agents collecting the information and using it as follows:
- to promote services offered by all participating companies relating to their Intelligent Rewards Programme; including, but not limited to, special product offers, discounts on purchases, special savings and collection of Intelligent Rewards points;
- for marketing purposes, product development and research;
- disclosure to participating companies and sending promotional information; or if Smart Loyalty considers on reasonable grounds:
- that disclosure is necessary to enable the recording of Intelligent Rewards points in relation to transactions of those members; or
- the member may have been involved in fraudulent activities in relation to the participating company.
The information will be held by Smart Loyalty at its premises in Hamilton. Under the provisions of the Privacy Act 1993, members may make a written request for access to and correction of their personal information held by Smart Loyalty.
A fee to cover the reasonable costs incurred by Smart Loyalty in dealing with such requests may be charged. If a fee is payable Smart Loyalty will advise the member of the amount of the fee and obtain payment before dealing with the request.
- Smart Loyalty reserves the right to cancel, change or substitute any reward and its redemption at any time without prior notice.
- The determination of liability for any government levies or taxes or other expenses or charges arising out of the accrual or conversion of points in the programme shall be the members' sole responsibility.
- Smart Loyalty's failure to enforce a particular Term or Condition does not constitute a waiver of that Term or Condition by Smart Loyalty.
- Upon becoming an Intelligent Rewards merchant or joining the programme as an Intelligent Rewards member, Intelligent Rewards will require company and personal information.
- Contact information on Intelligent Rewards members will be provided by the Intelligent Rewards merchant that invited them to join. If necessary, Intelligent Rewards will ask members to add or update this information.
- The company and personal information Intelligent Rewards requires to identify an individual or company includes: a company and/or first and last name, title, postal and/or delivery address, phone and cell phone number, email address.
- Intelligent Rewards does not issue customer lists to any third parties. The information gathered is used to inform merchants of programme advances, marketing suggestions and the joining of new merchants; and to keep members up-to-date with points balance updates and the latest reward options.
For more information regarding our privacy practices call 0800 99 76278.