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HOME>Membership
MEMBERSHIP CARD – Terms and Conditions
Last Update:29 of August 2021
1. Definitions
In these Terms & Conditions the following expressions have the respective meanings:
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Card Name |
Membership Card |
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Client Name |
This includes all Hulucat Tea & Mocktail stores |
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Customer Services |
Customer services can be contacted via email at Hulucat.office@gmail.com |
IMPORTANT - PLEASE READ: The following Agreement describes the terms and conditions that apply to your Card (prepaid and gift card functions). These Terms and Conditions apply to the use of your Card and govern the relationship between Hulucat Tea & Mocktail", "we" or "us" and you. Use of your Card will constitute acceptance of these Terms and Conditions. You must therefore read them carefully. Please print a copy of these Terms and Conditions for your records. If there is anything you do not understand, please contact our Customer Services.
2. Membership Card
The Card is an electronic money product. When you credit value to your Card you will be purchasing electronic money from Hulucat Tea & Mocktail.
3. Using your Card
Your Card is issued by, and remains the property of, Hulucat Tea & Mocktail. We do not authorise anyone else to sell or distribute the Card. You can only obtain Cards from Hulucat Tea & Mocktail shops.
A) Prepaid Card
You can use your Card at any participating shop. It is not a credit card, charge card or debit card.
Before you can use your Card as payment method you will need to credit it with funds. Your Card will be activated when you first credit it with a minimum of NZD 20. You can top-up stored value on your Card by cash or credit card at any participating shop. The minimum value you can credit your Card with each time is NZD20. The maximum credit value you can store on your Card at any time is unlimited. You can check the balance on your Card in any participating shop. You should keep your receipts and check your online statement to ensure that your account balance is correct.B) Gift Card
Your Card is intended for your personal use and, as such, you are not entitled to sell, distribute or otherwise make any commercial use of your Card (including in relation to any promotional commercial activity). For the avoidance of doubt, this shall not prevent you from giving a Card as a gift, provided that such gifting is not part of or connected to any commercial activity (including any promotional commercial activity).
4. Expiry
We do not charge any activation, service, dormancy or inactivity fees in connection with your Card. Your Card has no expiration date nor does the value on your Card ever expire.
5. Loss, theft, damage
You should treat your Card like cash in a wallet. If you lose your Card or if it is stolen, you may lose any value which is stored on it in the same way as if you lost your wallet.
In the event of loss, theft, fraud or other unauthorised use of your Card, or if your Card is damaged or malfunctions, we may, at our sole discretion, replace your Card and transfer any credit value stored on it at the time of reporting to a replacement card. Non-exhaustive circumstances in which we may determine, in our sole discretion, that we will not replace your Card include those where we reasonably believe that the notified incident has been caused by your wilful breach of these Terms and Conditions or if there are reasonable grounds for suspecting that you are or have been engaged in fraudulent or other unlawful conduct. Alternatively, we may, at our sole discretion, procure a redemption payment in respect of any outstanding value stored on your Card.
If we agree to replace your Card, a replacement card will be delivered to your home address, usually within 10 days of you first notifying Customer Services of the incident. We reserve the right to charge a replacement card fee for each replacement card in the event that you are issued with more than two replacement cards within any 3-month period. If you subsequently find or retrieve a Card which you have reported lost or stolen, you must notify Customer Services immediately.
6. Liability of Hulucat Tea & Mocktail
Neither Hulucat Tea & Mocktail nor any member of its corporate group shall be held liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, failure of network services and failure of data processing systems. To the extent permitted by law, all conditions or warranties implied by law, statue or otherwise are expressly excluded.
Hulucat Tea & Mocktail will not be liable to you for:
• any loss of income, business, goodwill or profits arising out of this agreement;
• any unauthorised access to or alteration, theft or destruction of your Card;
• the consequences of any delay or mistake relating to the use of your Card caused by any circumstances beyond our control;
• any loss or damage which was not caused by our breach of this agreement or breach of our legal duty of care;
• any loss or damage which was not a reasonably foreseeable result of either our breach of this agreement or breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if, at the time we entered into this agreement, such loss was contemplated by you and by us; or
• any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage.
This agreement does not affect your statutory rights and must be read subject to those rights. If you require more information on your statutory rights you should contact your local authority Trading Standards Department.
We do not represent or warrant that your Card will always be accessible or accepted at participating shops.
7. Variation and assignment
We reserve the right to amend or waive any provision of these Terms and Conditions from time to time and at any time, or to terminate the Card program on reasonable notice. The Terms and Conditions applicable to the use of a Card shall at any time be the terms and conditions published on the website (www.hulucat.co.nz) and your continued use of a Card shall constitute your acceptance of such terms and conditions.
We may assign the benefit of these Terms and Conditions to any other company in the same group of companies as Hulucat Tea & Mocktail. If we assign the benefit of these Terms and Conditions, your rights will not be affected.
8. Data protection and privacy
All information provided will be kept confidential. We will not disclose any personal information of our members to a third party without consenting, unless we are required or authorized to do so by law or other regulation.
9. Entire Agreement; Construction
This agreement (as amended from time to time) constitutes the entire agreement between you and Hulucat Tea & Mocktail and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected.
10. Governing law
These Terms and Conditions are governed by New Zealand law.