Description of Service
The Tuihana VIP service is an information, loyalty and emarketing service. Tuihana VIP members receive special promotions of Tuihana through being a member and recorded transaction activity at Tuihana (if any).
Privacy of Your Information
Use constitutes acceptance of this agreement
By using the Tuihana VIP service or the Tuihana VIP website you agree to be bound by this Agreement.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
You have the right to stop using the Tuihana VIP service at any time and request that your account be closed if you are no longer in agreement with this Agreement. Your account will be closed when chose "Delete My Account" under the privacy tab in the members area.
Storage of Data
The Tuihana VIP service is hosted on the Amazon AWS cloud computing service via the Heroku platform. Any personal information provided by you to us will be stored on computers located in North Virginia, United States of America. Your data and the storage of it may therefore be subject to North Virginia and US law.
Account Information from Third Party Organisations
The Tuihana VIP service may retrieve data on your behalf from third party organisations. We do not review your Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. We are not responsible for the products and services offered by third party organisation or on their websites. The term “we”, “us” or “our” refer to Tuihana VIP and, where appropriate, its officers, directors, employees.
We cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. We are not responsible for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your username, allows you to access the Tuihana VIP service. You are responsible for any unauthorised use of the Tuihana VIP service through your username, and for all losses or charges, including losses or charges that may result from unauthorised or fraudulent use.
If you become aware of any unauthorised or fraudulent use of your username, you agree to notify us immediately by email to this email address: email@example.com.
By providing us with your email address, you agree to receive all required notices from us electronically, to that email address. It is your responsibility to update or change your email address, as appropriate. Notices will be provided in the text of our emails or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
You must only use the Tuihana VIP service for your own lawful purposes, in accordance with this Agreement.
You, as an individual, are only allowed one Tuihana VIP account. You may only register a single email address and/or mobile phone even if you have access to more than one email address or mobile. Where we believe you have registered more than one account we may terminate all such accounts even if these haven't been registered by you.
When using the system to 'refer a friend' you may only enter the contact details of real people, other than yourself, who are reasonably capable of visiting Tuihana. This means you must use valid mobile numbers and email addresses of other people who reside or are likely to reside within New Zealand for a reasonable period of time.
You are only allowed rewards where you genuinely meet the conditions for receiving that reward. You must not attempt to gain rewards you are not genuinely entitled to even if the system allows it. For example, you may not provide children's dates of birth that are ficticious or the dates of birth of other people's children in an attempt to get children's birthday rewards.
You must not attempt to undermine the security or integrity of our computing systems or networks. You must not use, or misuse, the Tuihana VIP service in any way which may impair the functionality of the service, or impair the ability of any other user to use the service. You must not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our system is hosted. You must not transmit, or input into the Tuihana VIP service, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use).
If you use any communication tools available through the Tuihana VIP service (such as any blog, forum, or email or text message delivery service), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Tuihana VIP service including (but not limited to): offers of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any of our other users, or material in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use).
We reserve the right to stop or remove any communication at any time at our sole discretion.
We reserve the right to terminate your account at any time for any reason including, but not limited to, breaches of these obligations, at our sole discretion.
Rights You Grant to Us
As the owner of any information, data, passwords, usernames, PINs, other log-in information, materials or other content you provide to us through the Tuihana VIP service, you are licensing this account information to us solely for the purpose of providing the Tuihana VIP service. We may use such account information, but only to provide the Tuihana VIP service to you. By submitting account information, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.
By using the Tuihana VIP service, you expressly authorize us to access your account information maintained by identified third parties, on your behalf as your agent. You acknowledge and agree that when we access and retrieve or receive account information from third parties, we are acting as your agent, and not as the agent of or on behalf of the third party. You understand and agree that the Tuihana VIP service is not sponsored or endorsed by any third parties accessible through the Tuihana VIP service.
We reserve the right to change our rewards program at any time in any way without prior notice. We do not guarantee the availability of any particular reward or offer. We also reserve the right to change the number of points required to earn a reward or any of the other conditions associated with a reward (for example: availability times, expiry dates).
All rewards are subject to availability and any voucher for a reward or offer does not constitute a contract, agreement or commitment to provide a particular good or service.
We may require that you provide additional information in order to earn or redeem a reward (for example: your mobile phone number). Your earning or redeeming of such a reward is contingent upon you providing us with the information requested.
Individual rewards or vouchers may be subject to specific terms and conditions which will be disclosed on printed reward vouchers but may not fit into the space available in vouchers sent via text message (SMS). Those terms and conditions still apply even where they are absent from the SMS.
We are not liable if a reward expires prior to you redeeming it.
We will track transactions and allocate points for each transaction your make by credit card or EFTPOS card where you provide the details of that card to Paymark when completing or updating your member's profile. You must be the person named on any card you add to your profile.
Usually one point per one dollar spent will be allocated to your account, however we reserve the right to change the number of points allocated for each dollar at any time and may change the number of points allocated based on products purchased, date or time of purchase or other criteria as we see fit.
We are reliant on third parties to provide transaction information in a particular format. Transmission or other errors or problems may mean we are unable to process transactions. We do not guarantee to process all transaction or to allocate points for any particular transaction.
We may decide, at any time, to add or remove limits to the transactions that are eligible to earn points. Transactions may be limited by a minimum spend, a maximum spend or other criteria at our discretion.
Intellectual Property Rights
The contents of the Tuihana VIP service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under New Zealand copyright, trademark and other laws. The contents of the Tuihana VIP service belong or are licensed to Tuihana or its software or content suppliers. Tuihana grants you the right to view and use the Tuihana VIP service subject to these terms. You may print and store a copy of your own Tuihana VIP reports for use in your personal use only. Any distribution, reprint or electronic reproduction of any content from Tuihana in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Intellectual property rights in any software or service supplied by Tuihana for your use are, and remain, the property of Tuihana.
You may not:
- Disassemble, reverse engineer or decompile or in any other way interfere with the Tuihana VIP service including software.
- Copy or modify the Tuihana VIP software.
- Create any new system including software partly or wholly based on the Tuihana VIP service.
- Transfer, assign or sub-license your right to use the Tuihana VIP service or attempt to do so.
Tuihana shall have no liability for any infringement of intellectual property rights arising from the use of any know-how, techniques, media, data, information or programme not provided by Tuihana; or the modification of the service by any party other than Tuihana; or an allegation of infringement of intellectual property rights arising from information, data, or content supplied to Tuihana by you.
Disclaimer of Representations and Warranties
The content and all services and products associated with Tuihana or provided through the service are provided to you on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the content or operation of the Tuihana VIP service. You expressly agree that your use of the service is at your sole risk and that you discharge us from any and all claims and demands arising out of, or in connection with the design or maintenance of the Tuihana VIP service including without limitation any and all claims for libel and invasion of privacy.
We make no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content of the Tuihana VIP service, and expressly disclaim any warranties of non-infringement or fitness for a particular purpose. We make no representation, warranty or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
The Tuihana VIP service relies, in part, on information and services provided by third parties. We make no representations, warranties or guarantees about our ability to maintain access to third party information or services. You understand and recognise that should access to such information or services be denied to us we may have to stop providing the Tuihana VIP service to you.
Limitations on Liability
We shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your use of the Tuihana VIP service or this agreement, even if we have advised of the possibility of such damages. In the event that any exclusion or provision contained in this Agreement shall be held to be invalid for any reason and we become liable for loss or damage such liability shall be limited at all times to the amount of your monthly charge.
You shall defend, indemnify and hold harmless Tuihana and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to legal fees, in whole or in part arising out of or attributable to any breach of this agreement by you.
Neither you or Tuihana and its officers, directors, shareholders, and employees shall be under any liability to the other in respect of anything which may constitute breach of the Agreement arising by reason of force majeure, namely, circumstances beyond the control of the party.
This Agreement will continue to apply until terminated by either you or us.
You can terminate you legal agreement with us by closing your account.
We may terminate this agreement with you for any reason at any time by immediately by sending notice to the email address provided by you as part of your registration.
We may modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through the Tuihana website. The Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Tuihana VIP service after those changes are posted.
Governing Law and Dispute Resolution
This Agreement and your relationship with Tuihana under this agreement shall be construed in accordance with New Zealand Law and subject to the exclusive jurisdiction of the New Zealand Courts.
Any dispute with Tuihana or its officers, directors, employees, agents or affiliates in relation to this document or its implementation is to be referred in the first instance to the chief executives of the respective parties who must endeavour to resolve the dispute in the spirit of achieving broad equity in respect of the agreement and its purposes.
Failing agreement between them, the matter shall be referred to Arbitration pursuant to the provisions of the Arbitration Act 1996.
Failure or neglect by us to enforce at any time any of the provisions in this Agreement will not be taken to be a waiver of our rights under this Agreement. Nor will it affect in any way the validity of the whole of any part of this Agreement, nor prejudice our rights to take subsequent action.
In the event that any of these terms, conditions or provisions shall be determined invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
This Agreement constitutes the entire agreement between the parties unless varied in writing.