Terms of Use

1APPLICATION OF TERMS

• 1.1 These Terms apply to your use of the Website. By accessing and using the Website:
• • (a) you agree to these Terms; and
  • (b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms
• 1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

2CHANGES

• 2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
• 2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
• 2.3 These Terms were last updated on [03-10-2023].

3DEFINITIONS

In these Terms:

“Account Login” means a unique name and/or password allocated to you to allow you to access certain parts of the Website;

“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;

“personal information” means information about an identifiable, living person

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

“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 on our Website; and
• (b) whose subscription application 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;

“Terms” means these terms and conditions titled Website Terms of Use;

“Underlying System” means any network, system, software, data or material that underlies or is connected to the Website;

“We”, “us” or “our” means Rising Tide Reward Club Limited;

Website means www.rtrc.co.nz or any replacement website; and

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4YOUR OBLIGATIONS

• 4.1 You must provide true, current and complete information in your dealings with us (including when subscribing for membership of RTRC), and must promptly update that information as required so that the information remains true, current and complete.
• 4.2If you are given an Account Login, you must keep your Account Login secure and:
• (a) not permit any other person to use your Account Login, including not disclosing or providing it to any other person; and
• (b) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to tjperenara@rtrc.co.nz
• 4.3You must:
• (a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
• (b) unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method. [User note: If the Website includes sensitive data, you should consider whether you need to extend these restrictions.]
• 4.4You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

5INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

6DISCLAIMERS

• 6.1To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
• (a) the Website being unavailable (in whole or in part) or performing slowly;
• (b) any error in, or omission from, any information made available through the Website;
• (c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
• (d) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
• 6.2We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

7LIABILITY

• 7.1To the maximum extent permitted by law:
• (a) you access and use the Website at your own risk; and
• (b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
• 7.2Except to the extent permitted by law, nothing in these Terms has 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
• 7.3To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed your Membership Fees for a 12-month period.

8PRIVACY POLICY

• 8.1You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we will require your contact information to verify your subscription to be an RTRC member and provide you with our services, including the discount deals made available by our retail partners.
• 8.2Any personal information collected, stored, used or disclosed by us will only be done so in terms of our privacy policy, which is available on the Website.

9SUSPENSION AND TERMINATION

• 9.1Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
• 9.2On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

10GENERAL

• 10.1If 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.
• 10.2These Terms, and any dispute relating to these Terms or the Website, 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 or the Website.
• 10.3For us to waive a right under these Terms, the waiver must be in writing.
• 10.4Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
• 10.5If any part or provision of these Terms 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. The remainder of these Terms will be binding on you.
• 10.6These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. 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 no such representation, warranty or agreement has any effect from the date you agreed to these Terms.