Treat Me Terms and Conditions

We're a bit scared of our Legal team, so we promised we'd share the following information so that no one (including us) gets in trouble.

TERMS AND CONDITIONS

  1. The Treat Me website is owned and operated by Retail Works Limited (RWL). By using this website or the Service (including any mobile offering of the Treat Me website), you accept these terms and conditions. If you do not accept them, you must refrain from using the Service.
  2. These terms and conditions and/or our privacy policy may be amended in whole or in part by us at any time at our discretion. Amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the website or the Service represents your agreement to be bound by the current terms and conditions.
    These terms and conditions were last updated on 24 April 2013.
  3. In these terms and conditions the following expressions have the following meanings:
    "Advertiser" means a merchant that has agreed with RWL to make products or services available to you through the Service;
    "Deal" means the products and/or services being offered by an Advertiser through the Service;
    "Live" means a Treat Me Deal has hit the required threshold stated in the relevant Treat Me Deal (i.e. the minimum number of Vouchers on offer);
    "member" means a registered user of the Treat Me website;
    "Now Deal" means the products and/or services being offered by an Advertiser through the Treat Me Now Service, being deals that are available for a more limited time than the Treat Me Deals, generally for only hours at a time;
    "Now Voucher" means a Voucher used by you to redeem goods or services from Advertisers pursuant to a Now Deal;
    "Promotional Discount" means any discount offered to members from time to time, to be used for specific purchases and applied to purchases as set out in the "Redemption of Vouchers" section of these terms and conditions;
    "Service" means the Treat Me Service and the Treat Me Now Service;
    "Treat Me Deal" means the products and/or services being offered by an Advertiser through the website and/or via the Service, but not any Now Deals;
    "Treat Me Now Service" means a real-time, location-based deal service offered by RWL as a feature of the website under the 'Now Deals' section of the website and may be available via a mobile offering;
    "Treat Me Service" means the Treat Me website and mobile based advertising and credit/debit card payment service operated by RWL, excluding the Treat Me Now Service;
    "Treat Me Voucher" means a Voucher used by you to redeem goods or services from Advertisers pursuant to a Treat Me Deal;
    "Voucher" means a voucher used by you to redeem goods or services from Advertisers pursuant to a Deal;
    "you" means you, the buyer, wishing to buy items on the website (you must be registered to be a Treat Me User).

YOUR USE OF THE TREAT ME WEBSITE

  1. The Service is an online group buying service operated by RWL. The Service provides distribution channels for Advertisers seeking to offer Deals. All Treat Me Deals are provided on a group basis (providing for the opportunity of discounted rates based on volume of goods and services sold).
  2. RWL reserves the right at its discretion to decline to provide you with the Service at any time, or to amend, alter or terminate the Service in any way.
  3. You agree RWL may send you emails or push notifications relating to your transactions and activities on the website. RWL may also send regular Deal emails (via email or push notification), electronic newsletters and other communications. You will be able to unsubscribe from these emails and newsletters or alter your push notifications if you wish.
  4. To use the Service you must:
    1. be 18 years old and able to form a legally binding contract;
    2. ensure that your username and password are kept secure and confidential. RWL is entitled to act on any instruction issued using your username and/or password unless you notify us otherwise; and
    3. not post or transmit any information on the website which is illegal, objectionable, false or misleading, infringing the intellectual property rights of a third party or otherwise breaches any policy or guideline issued by RWL from time to time.

TERMS OF SALE

  1. You must register with Treat Me and create an account in order to be eligible to purchase a Deal (or post any messages on the Treat Me Discussion Board). This is required so you can log in at a later stage and view/print/redeem your Vouchers. You may also view your past purchases for a certain period of time.
  2. All purchases must be made via credit or debit card. When you agree to a Deal, you agree to your credit or debit card being charged and to the applicable terms and conditions of the Deal (including redemption of the relevant Voucher). The name that will appear on your statement will be Treat Me.
  3. Your credit or debit card details are kept secure and encrypted, and in accordance with our privacy policy. While RWL has systems in place to reduce the risk of credit card fraud, RWL is not responsible for protecting members from credit card fraud.

    Treat Me Deals
  4. When you select a Treat Me Deal on the website you make an offer to purchase the relevant product or service. You must keep your offer open (and cannot withdraw it) until either the Treat Me Deal goes Live or the Treat Me Deal does not meet the necessary threshold to go Live and expires. The relevant price for a Treat Me Deal will be deducted from your credit or debit card when you select a Treat Me Deal.
  5. As soon as a Treat Me Deal is Live you form a binding agreement directly with the Advertiser offering the advertised deal. In the event that the required threshold (for the deal to go Live) is not met, your card will not be charged and the preauthorised funds deducted will be released from your credit card account within seven days. There are no additional fees for using your credit or debit card to pay.

    Sale of Liquor Act
  6. You must be at least 18 years old to purchase Liquor from www.treatme.co.nz. If you make a false representation to us that you are a person to whom liquor may be sold or supplied then you will be committing an offence under section 172 of the Sale of Liquor Act, which states...
    1. Every person commits an offence and is liable to a fine not exceeding ($2,000) who falsely represents in writing to the licensee or a manager of any licensed premises, or to any employee of the licensee, that he or she is a person to whom liquor may be sold or supplied under the licence.
    2. Every person commits an offence and is liable to a fine not exceeding ($1,000) who falsely represents otherwise than in writing to the licensee or a manager of any licensed premises, or to any employee of the licensee, that he or she is a person to whom liquor may be sold or supplied under the licence.
    3. When ordering liquor from Treat Me you acknowledge and confirm that you are at least 18 years old and legally entitled to purchase liquor. Please note that we may be required by law to release information gathered from you when you place your order to the various enforcement agencies. For more information about how we use information about you please refer to our privacy policy.

REDEMPTION OF VOUCHERS

  1. The following applies to redemption of all Vouchers:
    1. Vouchers will be made available on the Treat Me website or by email. Vouchers must be presented to the relevant Advertiser for redemption by printout, or by presenting your mobile device to the Advertiser for electronic redemption of the Voucher.
    2. Each Voucher has a unique code and can be redeemed only once.
    3. Your name, or if you purchase a Treat Me Voucher for a gift, the recipient's name, will be printed on the Voucher and provided to the Advertiser.
    4. Redemption dates/times will be outlined in the terms of the Voucher offered on the Website. All Vouchers expire on the date specified on the Voucher. No refunds are payable by either RWL or the relevant Advertiser for expired Treat Me Vouchers. See paragraph 4.2 below regarding unused Now Vouchers.
    5. It is at the discretion of the Advertiser offering the Voucher as to whether it can be redeemed in conjunction with other offers, deals or promotions.
    6. You bear the sole responsibility for lost or stolen Vouchers.
    7. As long as the terms of the Voucher allow it, you may give Vouchers purchased in your own name to another person. However, your name will still be printed on the Voucher and provided to the relevant Advertiser.
    8. Any attempted redemption of Vouchers, which is inconsistent with these terms and conditions, or the Voucher terms and conditions, will render the Voucher null and void.
    9. Vouchers may not be redeemed incrementally.
    10. If you redeem a Voucher for less than the face value of the Voucher, no change will be given for the shortfall.
    11. Once purchased, Vouchers cannot be changed, cancelled, redeemed for cash or refunded.
    12. The Advertiser is responsible for redemption of Vouchers and is liable to you for any damage or loss that may be suffered by you as a result of the provision of any good or service purchased on the Website.
    13. All Advertisers are listed as a "Business in trade" to comply with the 17 June 2014 changes to the Consumer Guarantees Act (CGA) and the Fair Trading Act (FTA). Advertisers must be able to have sufficient resources (stock, staff, booking-slots, etc) to fulfil every voucher within a reasonable time of the voucher being presented. Under the FTA you should not be left with a voucher that the Advertiser is unable to redeem due to being "booked-up" or otherwise unable to deliver on the voucher within a reasonable timeframe. Extending the redemption period beyond the expiry date where the Advertiser is "booked-up" or otherwise unable to deliver on the voucher is a legal obligation of the Advertiser.
    14. RWL receives a commission from the Advertiser when a Deal is advertised on the site and either the Treat Me Deal has gone Live or the Now Deal is redeemed with the Advertiser. However, RWL is not responsible for the redemption of any Voucher.
    15. In the event there is any inconsistency between these terms and the terms advertised on the Voucher by the Advertiser, these terms and conditions will prevail.
  2. The following applies to redemption of Treat Me Credit:
    1. RWL will maintain credit accounts for each Treat Me member to record any account Credits. You can view your Credit balance on the 'Account' section of the website (under 'My Stuff').
    2. Unless specified otherwise, Credits may be used to purchase any Deal offered on the website.
    3. Any Credits you have will be automatically applied to the price of any future Deals you purchase. The purchase price will be met firstly by any Promotional Discounts, then Credits, with any remainder of the price owing being deducted from your credit or debit card only when you have no Promotional Discounts or Credits remaining.
    4. No interest is payable on the amount of your Credits, and Credits cannot be redeemed for cash or refunded.
    5. Credits cannot be gifted and are not transferable between members.
    6. If, for any reason, you receive a refund or discount from the Advertiser of a Deal, any Credit given to you in relation to that Deal will be removed from your Treat Me account. If any such Credit has already been used before being removed, your payment method (credit or debit card) will automatically be charged the amount of the refund or discount received from the Advertiser.
    7. From time to time, members may be offered Promotional Discounts to be used for specific purchases, for example by region, platform, deal type, date range or member behaviour. These discounts will not show in your Credit balance but will be visible prior to making a purchase. Any Promotional Discounts you have will be automatically applied to the price of any relevant Deal you purchase, before any Credits or your credit or debit card is used. Promotional Discounts can expire and will be subject to any additional promotion terms.
    8. If you have not logged on to the website for a period of 12 months, any unused Credits are forfeited to RWL and any unused Promotional Discounts will expire.

DISCUSSION BOARD

  1. The Treat Me website provides for a function where Treat Me users can discuss individual Deals on the Treat Me Discussion Board. By posting on the Discussion Board, you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

INTELLECTUAL PROPERTY

  1. RWL (and its licensors or suppliers, as the case may be) owns all intellectual property rights in the website, including everything you see on the website, the software and other material underlying the website or that is used by RWL with the permission of Advertisers. Unauthorised use of RWL's or any Advertiser's intellectual property may result in civil and/or criminal penalties.
  2. The Treat Me and Treat Me Now names and logos are trade marks of Trade Me Limited. All rights in these trade marks are reserved. RWL licences use of the Treat Me brand from Trade Me Limited, but operates this website and the Service independently.

LIABILITY

  1. You agree to indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a Treat Me Deal, or your use of the website's message boards.
  2. RWL takes steps to ensure that information displayed on the website is accurate and complete, but does not guarantee that information on the website is free from errors or omissions and does not accept liability for any errors or omissions. RWL reserves the right to alter information published on the website if RWL considers it incorrect or misleading.
  3. Treat Me mobile offerings may detect your location and we will endeavour to ensure we have you in the right location. However, RWL excludes any liability in the event location information is incorrect.
  4. The Service and all information and materials on the website are provided "as is" and RWL does not give any warranties of any kind, whether express or implied. To the maximum extent permitted by law, all representations and warranties (statutory, express or implied) are expressly excluded, including, but not limited to, any implied warranties and fitness for a particular purpose. RWL makes no representation or warranty about, and takes no responsibility or liability for, the quality or suitability of any product or service offered on the website.
  5. To the maximum extent permitted by law (and subject to any rights you have under the Consumer Guarantees Act 1993), RWL is not liable under any circumstances (including, but not limited to, negligence) for any direct or indirect loss or damage (including, but not limited to, general, consequential, special or incidental loss or damages, loss of profits or loss of savings) suffered by you or anyone else arising from the direct or indirect use of the website or the Service or from the use of, or inability to use, any product or service bought via Vouchers on the website. If, notwithstanding these terms and conditions, RWL is held liable, then RWL's total liability to you and those claiming through you under any and all causes of action, whether in contract, tort or otherwise, shall not exceed the amount of the Voucher purchased.

SYSTEM AVAILABILITY

  1. RWL will use its reasonable endeavours to ensure the availability of the website and the Service, subject to any downtime required for maintenance. However, RWL takes no responsibility for any system unavailability or for any loss or damage that is suffered as a result of the website or Service being unavailable for any reason. RWL does not warrant that the website or the Service will be uninterrupted or error-free, or that the website will be free from viruses or other harmful content. Further, RWL is not responsible or liable for the corruption of any data or information submitted via the website or held by RWL.

PRIVACY

  1. RWL collects personal information about you through your use of the Service and the website, including:
    1. your contact details; and
    2. information relating to your use of the website and the content you access.
  2. You agree that RWL may use this personal information to assist RWL to provide the Service to you, for research purposes, to verify your identity, and for any other use that you authorise.
  3. RWL will not sell or allow third parties to access your personal information without your consent. RWL releases account and other personal information only when it believes release is appropriate to comply with the law, to facilitate court proceedings, to improve our targeted marketing effectiveness, to enforce or apply RWL's terms and conditions or protect the rights, property, or safety of RWL, its website users, its members or others.
  4. In the event that we sell the Treat Me business, your membership details will be provided to the new owner to ensure you can continue using the Service. In this event, we will email you in advance, advising of the change, and explain how you can update or remove your details.
  5. Please review our privacy policy, which forms part of these terms and conditions. By using the website you accept the terms of our privacy policy, as amended from time to time.

GENERAL

  1. RWL will not be deemed to have waived any right under these terms and conditions unless the waiver is in writing and signed by RWL. Any unlawful or voidable provision in these terms and conditions shall be read down so as to be valid and enforceable or, if it cannot be read down, will be severed without affecting the validity, legality or enforceability of the remaining provisions.
  2. In the event a dispute arise between you and another user of the Treat Me website (including a third party/Advertiser), you agree not to include RWL in any such dispute.
  3. These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.