Club Live 100 Terms & Conditions
I. Definitions1. The terms used in the hereby Terms & Conditions mean the following with the reservation to the point 2 below:
ClubLive100 (further: „Program” or „ClubLive100”) – a loyalty program arranged by Zepter NZ of the Program for Clients, which aim is popularization and promotion of Products, free of charge and voluntary, offering privileges for its Members defined in the hereby Terms & Conditions.
Zepter International New Zealand LTD. is the organization, acting under the law of New Zealand, with its seat in 39 Arrenway Drive, Albany, Auckland 0632, NZ tel. 09 4755589, email: firstname.lastname@example.org, website: www.zepternz.co.nz
Member – a Client who joins the Program according to the Terms & Conditions and Regulations of the Internet Shop.
Internet Shop (further: „Shop”) – service and Internet shop leaded by Zepter NZ under the address: www.zepternz.co.nz according to Regulations of the Internet Shop available at Shop web page (further: “Regulations of the Shop”).
Member Price – reduced Retail Price, determined in the Shop for each Product purchased by a Member in the Shop according to terms described in the Regulations of the Shop. The Member Price cannot be combined with any Marketing actions. The Member Price may be used only in the way specified in the Terms & Conditions.
Marketing action – any marketing or promotional action of Zepter NZ, including contests, dedicated exclusively or also to Members, defining specific rules for participation, including the rules for determining the price of Products, and indicating the time of its validity.
Marketing actions do not combine with the Member Price.
Terms & Conditions – the hereby Terms & Conditions defining rules of functioning of the Program, in particular obligations its Members and Zepter NZ.
2. Terms not defined in the point 1 above and indicated with the capital letter reserve the meaning appointed to them by the Regulations of the Shop.
II. Conditions of joining the Program and rules of updating personal data1. A Client willing to become a Member may join the Program using the tools available on the website of the Shop, providing all requested data and accepting the Terms & Conditions herein. In the moment of completing the process of registration a Client joining the Program gets the status of a Member. In the same moment a Member receives – on the email address pointed while the registration – a confirmation of concluding a membership agreement containing information required by the law. A Member receives also the Terms & Conditions being in force in the moment of registration. The confirmation of concluding a membership agreement is fixed on a durable medium in the form of protected PDF file and can be changed only in a way of a clear settlement between a Member and Zepter NZ.
2. All the data disclosed by a Member while joining the Program must be true and complete.
3. In case of any changes in data given in order to join the Program a Member should immediately make a change of data with the tools available in the Account.
4. Zepter NZ doesn’t take responsibility for possible consequences of not changing the data by a Member. Zepter NZ doesn’t take responsibility for the effects of giving false, incomplete data or data of another person by a Member.
1. By joining ClubLive100 a Member accepts the provisions of Terms & Conditions and voluntarily – for the proper realization of the Program – gives: (i) personal data – in case of a natural person – name, surname, email, and country or (ii) data – in case of a company – company name, email and country, at the same time expressing approval for its processing by Zepter NZ in order to implement the Program, especially for using telecommunications terminal devices of a Member or receiving information connected with the Program on given electronic mail address by a Member with help of automatic evoke system.
III. Collecting and processing of data
2. The administrator of the personal data given by a Member in order to join the Program and for its implementation is Zepter NZ.
3. Zepter NZ will process the personal data given by a Member and covered with his approval for their processing in order to implement ClubLive100, including that Zepter NZ may share this data with parties cooperating with Zepter NZ in the Program.
4. Zepter NZ declares that a Member, giving his or her personal data to Zepter NZ, has the right to view and edit his personal data and also to control its processing, especially: demand completing, actualizing, correcting personal data, temporary or permanent suspension of its processing or its deleting, if it’s incomplete, false or has been collected with a violation of the law or it’s unnecessary for the implementation of the aim for which they were collected. In case when Zepter NZ proceeds the personal data of a Member for a legally justified reason, a Member is entitled to submit written motivated demand for cessation of proceeding his personal data due to his special situation, and in case Zepter NZ intends to process data in marketing purpose for a justified reason a Member has the right to file an objection.
5. A Member has the right at any time to cancel his previously expressed approval for processing his personal data for implementation of ClubLive100. Reporting a demand to cease processing personal data given for the purpose of implementation of ClubLive100 is equal to dissolution of the agreement of membership in CLubLive100 by a Member in an instant mode and is equal to impossibility to further use the Program. In order to use the above mentioned right a Member shall terminate a membership agreement according to provisions of section VII point 1.
1. ClubLive100 Member is entitled to purchase Products in the Shop at Member Price.
IV. Member Price
2. A Member purchases the Products under ClubeLive100 according to the rules of Terms & Conditions only for his own use. A Member is not allowed to purchase the Products in wholesale amounts neither in such circumstances that point that the purchase is connected to his gainful activity, especially in order to make a resale.
V. Communication methods within the Program1. Communication between Zepter NZ and Members will be carried out exclusively by email, on the email address given by a Member or changed by him in the course of the Program, in accordance with section II point
3. In case of Zepter NZ the communication will be carried out in electronic way – email on the addresses: email@example.com.
2. Zepter NZ will provide information related to the Program, including information related to special offers, invitations or events addressed to the Member, including the use of automated evoking systems.
3. Any questions sent to Zepter NZ in electronic way will be answered within 3 working days, with reservation to section VI point 4.
VI. Complaint procedure concerning the Program1. Zepter NZ is obliged to properly perform the membership agreement and is responsible for non-performance or improper performance of it.
2. Complaints concerning the operation of ClubLive100, may be reported in electronic form – by email sent to the address: firstname.lastname@example.org.
3. The complaint should contain a company name or a name and surname of a Member making the complaint and exact description or reasons of making the complaint together with a clearly expressed claim. Requirements in the previous sentence – in case of a Consumer Member – are only a form of recommendation and their omission will not affect the effectiveness of made complaint.
4. Complaints are considered by Zepter NZ in 14 days from submitting it. A Member will be informed about Zepter NZ’s decision by email or in any other way agreed with a Member.
VII. Termination of the membership agreement and responsibility1. A Member may resign from the membership in ClubLive100 at any time, making the statement, which is equivalent to termination of the membership agreement. The Member’s statement of termination is effective in the moment in which this statement reaches Zepter NZ in such a way that Zepter NZ could get familiar with its contents (day of solution). In order to the effectiveness of the statement it is enough just to send it to Zepter NZ in electronic way by email on: email@example.com. In case of termination of the membership agreement, with the day of solution, a Member loses the right to use the Member Price.
2. For important reasons, Zepter NZ may – without prejudice to the other rights enjoyed by Zepter NZ in such a case according to rules of law – terminate an agreement of membership in the Program with a Member with an immediate effect. For important reasons, referred to in the preceding sentence, it is considered any action resulting in violation of the rules of law, reputation of Zepter NZ and fragrant violation of the provisions of the Regulations of the Shop according to the provisions of the Regulations of the Shop or the Terms & Conditions, such as specifying false personal data, incomplete personal data or personal data of other person or purchasing the Products in the Shop in the Member Price in wholesale amounts or in such circumstances that point that the purchase made by a Member is connected to his gainful activity, especially to make a resale. Zepter NZ’s statement of termination is effective in the moment in which this statement reaches a Member in such a way that a Member could get familiar with its contents (day of solution). The statement of termination shall be submitted in electronic form on the e-mail address of a Member, with pointing the reasons for termination of membership agreement in ClubLive100. A Member may appeal the notice of termination within 7 days of receipt of the notice by sending a statement containing the justification via e – mail on the addresses: firstname.lastname@example.org. For the effectiveness of the appeal it shall be sent before the expiration of that period. The appeal will be considered by Zepter NZ within 7 days of its receipt by Zepter NZ. A Member will be notified about Zepter NZ’s decision by email. In case of taking into account a Member’s appeal Zepter NZ revoke a statement of termination of membership agreement in ClubLive100 and restores to a Member the status of a Member.
3. In case of termination, referred to in point 2 above, a Member – with the day of solution – loses the right to the Member Price.
4. With the day of solution Zepter NZ will stop processing personal data of a Member.
5. Zepter NZ does not bear the responsibility for:
a. incompatible with the law or the Terms & Conditions usage by a Member of the Program, or for any consequences resulting from it,
b. making available by a Member to third parties user name and password used by him to log to an Account,
c. provide login, password or data to persons authorized under the relevant provisions of law,
d. lack of data transmission or speed of data transmission due to technical limitations and the types of transmission connections used by a Member,
e. any disruption of proper functioning of the Program caused by Force majeure.
VIII. Withdrawal from the membership agreement of ClubLive1001. A Consumer Member has the right to withdraw from an agreement of membership in ClubLive100 – without giving any reason and without incurring any cost – within 14 days from the date of completing registration procedure, by making a statement to Zepter NZ in electronic way on email address: email@example.com. To preserve the term described above a Consumer Member shall send the statement before its expiry.
2. In case of withdrawal from a membership agreement the agreement is considered void and a Consumer Member loses the right to the Program’s benefits, including those which he has not yet used, as well as to those which he has already used.
IX. Change of Terms and Conditions1. The Terms & Conditions may be amended by Zepter NZ at any time in order to ensure safe operation of ClubLive100, including fraud prevention, granting additional benefits to Members or the extension of existing or introduce new functionalities to the Program. In addition, Zepter NZ may amend the Terms & Conditions in the event of changes or introduction of new legislation relating to the business activity of Zepter NZ. Each Member will be informed about the amendments immediately by email, at least 30 days before the amendments take effect. Zepter NZ will also inform about the amendments on the website of the Shop. Amendments to the Terms & Conditions, subject to point 2 below, are effective after 30 days from the date of notification a Member about them. Amendments are considered accepted by a Member, if within 30 days of notification a Member does not come out of ClubLive100. Within 30 days from the notice about amendments a Member is entitled to use the Terms & Conditions in the current wording.
2. Amendments to the Terms & Conditions resulting from the necessity to adapt the provisions of the Terms & Conditions to the mandatory provisions of law shall be in force on the date of entry into force of the above provisions, but Zepter NZ will endeavor to keep the date of notification of the amendments laid down in the point 1 above.
3. Zepter NZ reserves the right, in the cases referred to in point 4 below, may suspend or end the Program. Members will be immediately notified about any such decision via email, at least 30 days prior to the suspension or end of the Program. About the suspension or end of the Program Zepter NZ will also inform on the website of the Shop. Members can purchase Products in the Member Price until the period prescribed in the notice as the date of suspension or end of the Program.
4. Zepter NZ may suspend or end the Program in case of:
a. small interest in the Program,
b. not reaching the aims for which the Program has been created.
X. Final provisions1. Powers resulting from the Membership in ClubLive100 cannot be transferred by a Member to the third person.
2. In matters not covered by this Terms & Conditions the rules of law being in force within the territory of New Zealand shall be applicable, with the reservation to the mandatory rules of law being in force within the territory of Consumers’ Members domicile which shall be applicable.
3. Any dispute coming out of this Regulations or related to it shall be settled by the general court proper to the seat of Zepter NZ, with the reservation to disputes with a Consumer Member that shall be settled by the court proper to the place of a Consumer Member domicile or another court proper according to the rules of law being in force in the place of Consumer Member domicile and chosen by a Consumer Member.
4. The Terms & Conditions are available for the Members in Zepter NZ’s place of business, on the website of the Shop.
SPECIMEN MEMBERSHIP AGREEMENT WITHDRAWAL FORM
(please fill in the form and send it back only if you wish to withdraw from the membership agreement)
Send by e-mail: firstname.lastname@example.org
(Name and surname of a Member)
(Address of a Member)
I hereby inform about my withdrawal from the membership agreement (Membership in ClubLive100)
concluded on ......................... (date).
(Place, date) (Signature of the Member)
Zepter International New Zealand LTD
39 Arrenway Drive, Albany, Auckland 0632, New Zealand