Terms And Conditions | Rising Tide Rewards Club

1 APPLICATION OF TERMS

1.1
Rising Tide Rewards Club Limited (“we”, “us”, “our”) operates and provides access to the Website, so that RTRC Members can access and utilise the RTRC Services and the Deals.
1.2 These Terms and Conditions apply to your use membership of RTRC and constitute a binding agreement between you and us.
1.3 By subscribing to be an RTRC Member, you agree to these Terms and Conditions, the Website Terms of Use, and to our Privacy Policy (all of which can be found on the Website).
1.4 Please read these Terms and Conditions, Website Terms of Use and the Privacy Policy carefully before you subscribe to be an RTRC Member. If you do not agree these Terms and Conditions you should not subscribe to be an RTRC Member.

2CHANGES

2.1We may change these Terms and Conditions from time to time. We will notify you of any changes by email. If you believe any change will be detrimental to your RTRC membership you may cancel your RTRC membership.

3DEFINITIONS

3.1Definitions

In these Terms and Conditions:

“Deal” means the Goods and/or Services being offered by a Merchant and promoted through the Website.

“Goods” means any goods that are offered by a Merchant.

“including” and similar words do not imply any limit.

“Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.

“Membership Fees” means the membership fees specified in your subscription to become a RTRC Member and includes GST, if any.

“Merchant” means any participating seller, vendor, trader or dealer that has agreed to RTRC promoting Deals and/or Goods and/or Services to RTRC Members through the Website.

“Personal Information” means information about an identifiable, living person.

“RTRC” means the membership programme established and operated by us.

“RTRC Member” means any person who:

(a) has subscribed to become a member of RTRC; and
(b) whose registration has been accepted by us (in our sole discretion); and
(c) who has not either cancelled their membership of RTRC or had their membership cancelled or otherwise discontinued by us.

“RTRC Services” means any one or more of the services offered by us from time to time.

“Services” means any services that are offered by a Merchant.

“Start Date” means the date that the requirements in clause 5.1 are met;

“Terms and Conditions” means these terms and conditions titled RTRC Terms and Conditions.

“Website” means rtrc.co.nz and any other website or application (including any applications for mobile devices) that are owned or operated by us.

“You” means you.

3.2General References

In these Terms and Conditions:

(a) A reference to “$” is a reference to New Zealand Dollars and all amounts payable under these Terms and Conditions are to be paid in that currency.
(b) specifying anything in this Agreement after the words "including", "includes" or "for example" or similar expressions does not limit what else is included unless there is express wording to the contrary.
(c) the singular includes the plural and vice versa.

4OUR OFFERING

4.1 RTRC partners with Merchants who are willing to offer the Deals, Goods and Services to RTRC Members. We work with the Merchants to agree on the Deals which will appeal to RTRC Members and then promote these Deals to RTRC Members. The Website is a tool by which we deliver the RTRC Services and promote the Deals, Goods and Services.
4.2 The Merchant is the seller of the Goods and/or Services promoted on the Website and is solely responsible for providing any Goods and/or Services promoted on the Website. We do not receive a commission or any other payment from the Merchant for promoting the Deals or Goods or Services.

5RTRC MEMBERSHIP

5.1 To become a RTRC Member you must:

(a) be at least 18 years of age;
(b) be a resident of New Zealand (unless we agree otherwise);
(c) complete the subscription process and provide, true, correct and up-to-date information;
(d) accept these Terms and Conditions;
(e) complete a direct debit authority; and
(f) successfully make the first payment for the membership plan you have chosen.

5.2 We offer a three-tier system of membership. The three tiers are Silver, Gold and Platinum and the details of each are set out below:

Tier	Cost ($ Per Month)	Benefits
Low	$10.00	10 lottery tickets for each weekly draw
Middle	$20.00	20 lottery tickets for each weekly draw Entries into both the monthly bonus draw and a quarterly mega draw VIP status with tailored offers Dedicated 24/7 concierge customer support
High	$50.00	50 lottery tickets for each weekly draw Entries into all bonus and mega draws, exclusive invitation to VIP events Personalized lottery number suggestions Top-tier, expedited customer support Personalized lottery number suggestions Top-tier, expedited customer support Personalized lottery number suggestions Top-tier, expedited customer support

5.3 Your membership of RTRC commences on the Start Date.
5.4 Your membership of RTRC will be renewed automatically each month until we or you cancel it.
5.5 Your membership is non-refundable, non-transferable and personal to you. Your RTRC membership cannot be assigned, exchanged, bartered, traded, gifted or otherwise sold to anyone.
5.6 For the avoidance of doubt, transfers prohibited in clause 5.5 include transfers by operation of law upon your death.
5.7 You must maintain and update your personal and account information, to ensure it is always true, current and complete;

6CHANGING YOUR MEMBERSHIP

6.1 You may request to upgrade or downgrade your RTRC Membership at any time on the Website; however, the change will only come into effect on your next billing cycle. You will not be refunded if you elect to downgrade your RTRC membership before the end of a billing cycle.

7CANCELLATION AND RESUBSCRIPTION

7.1 You may cancel your membership at any time by emailing [insert email address]. We will contact you with a link which will include the next steps to cancel your RTRC Membership.
7.2 In the event that you cancel your membership, your Membership Fee will not be refunded either in full or in part, unless we are required to do so by law.
7.3 Without prejudice to any right or remedy available to us, if we consider that you have breached these Terms and Conditions or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your membership.
7.4 You may re-subscribe to be become an RTRC Member at any time. Any previous Benefits you had prior to terminating your RTRC Membership will not carry over to your new RTRC Membership.

8PROMOTIONS

8.1 As part of your RTRC Membership from time-to-time you may be provided with an opportunity to enter promotional competitions we run. Subject to anything contrary in clause 5.2, you will receive entries based on your membership level.
8.2 Each entry into a promotional competition run by us is subject to the terms and conditions associated with the relevant promotion, which should be read in conjunction with these Terms and Conditions.

9MEMBERSHIP FEES

9.1 When you subscribe to be an RTRC Member you must complete a direct debit authority. Your Membership Fee and any other payments for which you are liable under these Terms and Conditions will be deducted automatically from your chosen bank account and paid to us under the direct debit authority.
9.2 Payments for your RTRC membership will be deducted monthly in advance, commencing on and from the Start Date.
9.3 Your Membership Fees may change from time to time to include:

(a) an annual CPI increase (of an amount equal to the increase in CPI during the most recent 12-month period for which figures are published and available), which increase shall (if applied by RTRC) take effect on 1 January each year during the term of your membership; and
(b) any increases required to reflect changes in the law, including any change in the taxes applicable to your Membership Fees (for example, a change in the rate of GST).

9.4 If we change your Membership Fees we will change the direct debit amount to reflect that change.
9.5 If you fail to make payment on any due date for payment we reserve the right to terminate your RTRC Membership without notice.

10MERCHANT GOODS AND SERVICES

10.1 In providing the RTRC Services we promote content and information received from Merchants. We are a distributor and not a publisher of Merchant content.
10.2 We are not responsible for any communication between you and any user or Merchant, whether such communication has occurred as a result of the use of the Website.
10.3 You acknowledge that:

(a) you use and rely on Merchant content at your own risk;
(b) the Deals are subject to the applicable terms, conditions and policies of the Merchants that offer them and RTRC is not responsible if the terms and conditions of any Deal, including the rate of discount provided, is changed by a Merchant at any time, or for any exclusions that apply to a Deal.

11LIABILITY

11.1 Subject to clause 11.2, to the maximum extent permitted by law, you acknowledge and agree that:

(a) you become an RTRC Member at your own risk; and
(b) we are not liable (except in respect of any liability that cannot be excluded by law) or responsible to you or any other person for any Loss under or in connection with
- (i) these Terms and Conditions;
- (ii) your membership of RTRC; or
- (iii) the Goods and Service supplied under a Deal; and

11.2 Except to the extent permitted by law, nothing in these Terms and Conditions have the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to your Membership Fees for a 12-month period.
11.3 To the maximum extent permitted by law and only to the extent clauses 10.1 and 10.2 of these Terms and Conditions do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, your access and use of (or inability to access or use) the Website, and your membership of RTRC must not exceed your Membership Fees for a 12-month period

12INDEMNITY

12.1 You agree to indemnify us and hold us harmless against any claim made by yourself or any third party that is in any way related to:

(a) Reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your account (including your username and password);
(b) your access to or use of the RTRC Services;
(c) your membership of RTRC; or
(d) your breach of these Terms;

12.2 Your indemnity under this clause covers all losses, damages or expenses (including legal costs) that we may suffer or incur.

13PERSONAL INFORMATION

We collect and use Personal Information in accordance with our Privacy policy, which is available on the Website and is incorporated into these Terms and Conditions.

14GENERAL

14.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
14.2 These Terms, and any dispute relating to these Terms, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms and Conditions or the Website.
14.3 For us to waive a right under these Terms and Conditions, the waiver must be in writing.
14.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 8, 10, 11, and 13.1, continue in force.
14.5 If any part or provision of these Terms and Conditions is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms and Conditions. The remainder of these Terms and Conditions will be binding on you.
14.6 These Terms and Conditions set out everything agreed by the parties relating to your RTRC Membership and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms and Conditions. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms and Conditions, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms and Conditions.