TERMS AND CONDITIONS 

Last updated 28/05/2019 

 

1. Access to Raizor

1.1  Access to Raizor is offered at our discretion. We may choose to decline you access to a Raizor Account.

1.2  Access to your Raizor Account may not be gifted, assigned or otherwise transferred to any other person or entity.

2. Accrual of Donation Incentives

2.1  As a Raizor Member, you are entitled to a Donation Incentive as an incentive for purchasing an offer from Raizor’s website provided by a Raizor Supplier (a “Qualifying Purchase”), if all conditions are met. Conditions for each offering are listed on the ’Our Deals’ page at raizor.co.nz.

2.2  Donation Incentives will be reflected in your Raizor Account within 1 month of Raizor receiving the payment for the Donation Incentives from the Supplier Partners.

2.3  Raizor Suppliers may vary from time to time. You will be notified of any changes in your monthly Raizor Report.

2.4  The number of Donation Incentives to be accrued in respect of Qualifying Purchases will be listed on the ‘Our Deals’ page at raizor.co.nz.

2.5  Where you receive a credit to your account, for example a refund or reimbursement, we may remove the corresponding Donation Incentives accrued in respect of the credited amount from your Raizor Account (or apply a debit on your Raizor Account for those Donation Incentives if there are insufficient Donation Incentives in your Raizor Account). We may also deduct from your Raizor Account any Donation Incentives recorded in error (including where Donation Incentives have accrued as a result of you being involved in fraudulent activities or where Donation Incentives have accrued, but there has been no corresponding Qualifying Purchase).

3. Redemption of Donation Incentives

3.1  Donation Incentives will be held and transferred by Raizor, on your behalf, from your Raizor Account on a monthly basis to each Charity Partner nominated by you (a “Redemption”), provided that:

· the number of Donation Incentives to be transferred to that Charity Partner for the relevant month across all Raizor Accounts (including yours) has met, or exceeds, the Minimum Redemption Amount for that Charity Partner;

· we have received the Donation Incentives you are entitled to from your purchases from the affiliated retailers;

· the Donation Incentives earned have met any clawback requirement, as it pertains to Raizor, provided by the supplier (see additional information on Raizor’s ‘Our Deals’ page at www.raizor.co.nz);and

· the nominated Charity Partner has agreed in writing with us to receive those Donation Incentives on terms and conditions acceptable to us at our sole discretion (each, a “CP Agreement”).

3.2 Raizor reserves the right to make Special Period Redemptions in response to certain time sensitive donation initiatives such as natural disaster relief. Under these circumstances, determined under Raizor’s discretion, we may facilitate the Redemption under a more timely manner rather than monthly.

3.3  Other than by Redemption, you may not redeem, sell, convert, exchange, assign or otherwise transfer Donation Incentives.

3.4  Each Redemption will be deducted from your Raizor Account and reflected in your next Raizor Report.

3.5  You may, through the Raizor website or mobile app, change your nominated Charity Partners. Such changes may take up to 2 business days to effect. We will not be responsible if you nominate a Charity Partner in error, or a Redemption is made before a change to your nominated Charity Partners takes effect. Raizor will transfer all applicable Donation Incentives to the nominations you have made at the point of transfer.

4. Dispute with Raizor Report

4.1  If you disagree with any details on your Raizor Report (including the balance of Donation Incentives shown), you should contact [email protected] We will investigate your disagreement and report back as soon as practicable. If we establish that a mistake did occur, we will take necessary action in attempt to correct it.

4.2  Alternatively, you may report a Complaint with Financial Dispute Resolution Service (“FDRS”), an approved dispute resolution scheme established under Part 3 of the Financial Services Providers (Registration and Dispute Resolution) Act 2008. You can make an enquiry via FDRS’s website (www.fdrs.org.nz) or phone (0508 337 337).

5. Our liability to you

5.1  Where we supply goods or services to you as a consumer as defined in the Consumer Guarantees Act 1993 (the “Act”), we acknowledge that, regardless of what is stipulated in these Terms and Conditions, we are bound by that Act.

5.2  You agree that where the products and services provided under these Terms and Conditions are supplied and acquired in trade, to the maximum extent permitted by law we and you contract out of the provisions of the Act.

5.3  We will not be liable to you for any consequences from the failure of any machine or system or any strike or dispute or any other circumstance beyond our control.

5.4  To the extent permitted by law, we shall not have any liability for consequential loss that you may suffer in any circumstance.

5.5  We make no representation about your tax liability as a result of your participation in Raizor, including any Redemption. You are responsible for any taxes and fees levied or required to be paid by any law or government taxing authority in connection with any Redemption you receive.

6. Changes to Terms and Conditions

6.1  We may make changes to these Terms and Conditions from time to time. When we make changes, we will update these Terms and Conditions on the Raizor website. We

will also specify the date of the last update.

7. Closure of your Raizor Account

7.1  We may close your Raizor Account at any time by giving you 1 month’s notice, including if we terminate Raizor. All accrued Donation Incentives must be Redeemed within the notice period. Neither we nor any Raizor Supplier will be liable to you for Donation Incentives that are not redeemed by the end of the notice period.

7.2  There may be circumstances where we may, on reasonable grounds, close your Raizor Account without prior notice.

Examples are:

· if you have acted unlawfully or operate, or are reasonably suspected of operating, your Raizor Account fraudulently; or

· if you have breached these Terms and Conditions; or

· if you die.

7.3  You may close your Raizor Account at any time. To do this, you must email [email protected] requesting for your account to be terminated and tell us whether you wish to Redeem or forfeit any accrued Donation Incentives.

7.5  If you forfeit accrued Donation Incentives pursuant to these Terms and Conditions, we reserve the right, immediately, and without notice to you, to make a Redemption of those Donation Incentives to one or more Charity Partners.

8. Changes to Raizor

8.1 We may at any time at our sole discretion change Raizor, including adding to, modifying or withdrawing features of Raizor. We will update the Raizor website where necessary.

9. Raizor Reports and notices

9.1   You will receive a monthly Raizor Report which will indicate the Donation Incentives earned, and donations transferred.

9.2  Any notice given by us to you pursuant to these Terms and Conditions will be deemed to have been given and received by you if we email the notice to you at the last email address you provided to us.

9.3  You must promptly notify us of any change to your contact details, including email address, and phone number changes.

10. Privacy

10.1 The Privacy Policy describes the types of information collected and held by us about you.

10.2 By applying for a Raizor Account and making Qualifying Purchases to accrue Donation Incentives, you authorise us to collect, use and disclose your personal information in accordance with the Privacy Policy.

11. Governing law and jurisdiction

11.1 These Terms and Conditions will be governed by, and interpreted in accordance with, New Zealand law. You and we consent to the exclusive jurisdiction of the courts of New Zealand in connection with any legal action that may arise in relation to your use of Raizor or these Terms and Conditions.

12. Definitions

In these Terms and Conditions (or other documents to which these Terms and Conditions apply), unless the context otherwise requires:

Complaint” means an expression of dissatisfaction made to the Raizor Member, related to our products and services, or the complaints handling process itself, where a

response or resolution is explicitly, or implicitly expected.

FDRS” has the meaning given to that term in clause 4.2.

Minimum Redemption Amount” means, in relation to a Charity Partner, such number of Donation Incentives as determined by us from time to time at our sole discretion for that Charity Partner, currently $50 for each Charity Partner;

Special Period Redemptions” has the meaning given to that term in clause 3.2

Charity Partner” is any society, institution, association, organisation, trust or fund that is approved by the Inland Revenue as a donee organisation for the purposes of the

Income Tax Act 2007 and has been accepted as a partner in participation with the Raizor platform;

CP Agreement” has the meaning given to that term in clause 3.1;

our websites and mobile apps” means websites, mobile websites and mobile applications owned and operated by us (including www.raizor.co.nz);

Qualifying Purchase” has the meaning given to that term in clause 2.1;

Raizor” means the Raizor platform operated by us;

Raizor Account” means your account used for accruing Donation Incentives and from which Redemptions are made;

Donation Incentives” means the rebate dollars that you accrue as a member of Raizor through Qualifying Purchases in accordance with these Terms and Conditions;

Raizor Report” means a report prepared or produced by us showing your Donation Incentives accrued, removed, deducted and redeemed and your Donation Incentives balance;

Raizor Supplier” means any business, company or other organisation approved, at our sole discretion, as a

Raizor Supplier” of Raizor to provide offerings promoted on the Raizor platform;

Redemption” has the meaning given to that term in clause 3.1 and “Redeem” has a corresponding meaning;

Terms and Conditions” means these terms and conditions between us and you (including the Privacy Policy), which govern membership of Raizor, as may be updated from

time to time;

we”, “us” or “our” means Raizor New Zealand Limited; and,

you” or “your” means the person or persons (including corporations sole, body corporates and unincorporated bodies) in whose name we have opened a Raizor Account.