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Treat Me Now Advertiser Terms and Conditions

1. Background

1.1. These are the terms and conditions upon which Retail Works Limited (RWL) provides Advertisers with the Service that enables the Advertiser to offer Now Deals to Buyers through the Treat Me Now Service. For the purposes of these terms and conditions:

  • 'Advertiser' means a merchant that has agreed to make products or services available to Buyers in accordance with these terms and conditions;
  • 'Business Account' is the Advertiser's account with RWL which is required to use and access the Treat Me Now Service that is available to Advertisers;
  • 'Business Centre' is the section of the Treat Me website available to the Advertiser through which the Advertiser may enter Now Deal Requests and manage all of its Treat Me Now deals, redemption of the deals and its business profile. The Advertiser can view amounts owing to it by RWL within the Business Centre;
  • 'Buyer' means a person who wishes to buy items on Treat Me Now, and has registered to be a user of RWL's Treat Me Service;
  • 'Nominated Bank Account' is the account nominated by the Advertiser under section 4 of these terms and conditions.
  • 'Now Deal Request' is the request by the Advertiser to create a Now Deal for inclusion in the Treat Me Now schedule of Now Deals and includes, among other things, the Now Deal details, payment terms and description of the Now Deal;
  • 'Now Deals' means the products and/or services being offered by the Advertiser through the Treat Me Now Service, each Now Deal being documented in the Advertiser's Business Centre. The Treat Me Now deals are available for a more limited time than the deals available through the Treat Me website, generally for only hours at a time;
  • 'Redemption Period' means the date(s) and time period(s) for which the Now Deal will be available to be redeemed;
  • 'Service' means the website and mobile based advertising and credit/debit card payment service operated by RWL, and includes the Treat Me Now service;
  • 'Treat Me Now' is a real-time, location-based deal service offered by RWL as a feature on the Treat Me website and may be available via a mobile offering;
  • 'Treat Me website' means the Treat Me website owned and operated by RWL;
  • 'Voucher' means a voucher used by Buyers to redeem goods or services from Advertisers in relation to a Now Deal, and can include an electronic voucher which is visible on a mobile device;
  • 'Voucher Purchase Amount' means the amount that a Buyer pays for a Voucher; and
  • 'Original Value' as it appears on the Treat Me website means the full amount that the voucher holder would otherwise have had to pay for the goods and services. It must be the price that the Advertiser offers the goods or services for at the time of the deal, unless otherwise clearly disclosed in the Now Deal offer.

2. Advertiser's obligations and service levels

  • 2.1. The Advertiser's use of the Treat Me Now Service is deemed to be acceptance of these terms and conditions by the Advertiser.
  • 2.2. The Advertiser will comply with all RWL's requirements and instructions for Now Deal Requests and uploading Now Deals for availability to Buyers through the Treat Me Now Service.
  • 2.3. By sending through a Deal Request, the Advertiser agrees that it is committing to running a Now Deal as outlined and submitted to RWL via the Now Deal Request. Once the Now Deal Request has been submitted, RWL will review the deal and approve the Now Deal prior to it being available to Buyers. Even though a Now Deal may be submitted by the Advertiser, it is not a guarantee that it will be advertised via the Treat Me Now Service. RWL reserves the right to ask the Advertiser to modify a Now Deal submitted by the Advertiser, in accordance with these terms.
  • 2.4. The Advertiser must not submit a Deal Request or run a Now Deal unless it reasonably believes it is able to supply the advertised goods or services to all voucher holders, in the quantity advertised and within the advertised Redemption Period. The Advertiser agrees to honour the Now Deal advertised in accordance with these terms and conditions and any additional terms and conditions applicable to the relevant Now Deal. In the event of any inconsistency between terms and conditions, these terms and conditions will prevail.
  • 2.5. The Advertiser must not charge a Buyer any amount to redeem a Now Deal purchased by the Buyer on the Treat Me Now Service.
  • 2.6. If the relevant Now Deal advertised via the Treat Me Now Service differs to what is or can be supplied by the Advertiser to the Buyer when that Buyer seeks to redeem a Voucher, then the Advertiser must refund the Buyer in full (if requested by the Buyer), unless otherwise agreed between the Advertiser and Buyer (for example, an alternative product or service of equal or greater value is provided to the Buyer). The Advertiser also indemnifies RWL against any damages or consequential loss RWL suffers as a result of the Buyer's inability to redeem its Voucher or redeem it for the goods and services advertised.
  • 2.7. Advertisers agree to conduct themselves in good faith, respond to communications with RWL in the event of a dispute, and be bound by the outcome of any dispute resolution process that they enter into with the Buyer.
  • 2.8. All Vouchers must:
    a) be listed in New Zealand dollars;
    b) include an expiry date and time, which must not be more than three days after the Now Deal is advertised on Treat Me Now; and
    c) offer a product or service at a discount of at least 25% to the normal retail price of that product or service.
  • 2.9. Advertisers are not obliged to redeem any Voucher which has expired (but may choose in their discretion to do so).
  • 2.10. The Advertiser agrees not to advertise or offer any goods or services in a way which may be incorrect, or may mislead, or which may be illegal or objectionable to the RWL community. RWL has absolute discretion to remove or alter any information advertised via the Treat Me Now Service which is in breach of this clause or these terms and conditions, or as it deems appropriate.
  • 2.11. The Advertiser warrants that its Now Deal, Now Deal advertisements and any other information in relation to it advertised via the Treat Me Now Service is accurate in all respects and will not breach any laws or advertising standards, or the intellectual property rights of any party.
  • 2.12. RWL may, in its discretion, from time to time by notice to the Advertiser, set limits on the number of Vouchers and/or Now Deals, and/or the total value of the Now Deals, which the Advertiser may advertise via the Treat Me Now Service at any one time.
  • 2.13. RWL shall not have any liability for the information entered into the Treat Me Now system by the Advertiser, including without limitation, deal information or incorrect bank account details.

3. Payment and holding of funds

  • 3.1. Buyers must pay for Now Deals using credit or debit cards on the Treat Me website or applicable mobile application.
  • 3.2. RWL is authorised to deduct a 25% fee from each Voucher Purchase Amount it receives from a Buyer on the Advertiser’s Now Deal (Fee).
  • 3.3. RWL will hold the money received from Buyers on a bare trust, in an interest bearing account. RWL is authorised to deduct its Fee and retain any interest.
  • 3.4. The Advertiser will not earn interest on monies held by RWL. Once a Now Deal is available on the Treat Me Now Service and RWL has debited the relevant Buyer's credit or debit card, RWL will hold the money for seven days and make a payment (in the amount set out in clause 3.8) to the Advertiser's Nominated Bank Account in respect of the Vouchers which have been redeemed by Buyers.
  • 3.5. RWL is responsible for all merchant service fees in relation to credit and debit card transactions, including pre-authorisation fees.
  • 3.6. The Advertiser will only receive money for redeemed Vouchers.
  • 3.7. The Advertiser is responsible for entering the applicable Voucher code number into the Advertiser's Business Centre after a Voucher has been redeemed, which will mark a Voucher as being redeemed in the Treat Me Now system. The Voucher may be marked as redeemed via a variety of mechanisms, whether electronically at the time the Buyer enters the Advertiser's premises to redeem the Voucher, or manually marked as redeemed by the Advertiser. However, it is the responsibility of the Advertiser to ensure that the Voucher is marked as redeemed in the Treat Me Now system.
  • 3.8. The Advertiser has seven days after the Voucher Redemption Period has expired to mark a Voucher as being redeemed, using the applicable Voucher code number.
  • 3.9. Once a Voucher is marked as redeemed in the Treat Me Now system, RWL will deposit the Voucher Purchase Amount less RWL's Fee into the Advertiser's Nominated Bank Account. RWL reserves the right to hold payments until a valid bank account number is provided by the Advertiser and verified under clause 4 below.
  • 3.10. The Advertiser acknowledges that amounts showing in their Treat Me Business Centre are not a guarantee of payment into the Advertiser's Nominated Bank Account, for example if a Buyer does not redeem a Now Deal.
  • 3.11. RWL may hold payments for longer periods at its discretion, such as to minimise fraud risks. No payment to an Advertiser will be unreasonably withheld.
  • 3.12. In the event of any chargeback or refund (arising from circumstances outside RWL's control) to the Buyer, RWL's fee will not be waived and RWL reserves the right to recover any such amount from the Advertiser.

4. Advertiser's bank account

  • 4.1. The Advertiser must have a verified, New Zealand domiciled, bank account which will be the Advertiser's Nominated Bank Account, noted in the business profile section of the Advertiser's Business Centre.
  • 4.2. Before the Service to the Advertiser is enabled, the Advertiser may be required to complete RWL's bank account verification process. RWL may require subsequent confirmation of this account if the Advertiser has not received a payment for three or more months, or of any new account.
  • 4.3. If the Advertiser does not have a verified Nominated Bank Account pursuant to this clause 4, or changes their Nominated Bank Account, RWL will hold any payments due to the Advertiser under these terms and conditions until an account is verified. However, the Advertiser must still honour any terms and conditions as per clause 2.
  • 4.4. The Advertiser is responsible for ensuring its bank account details and information is current and correct in the 'Business Profile' section of its Business Centre. If the Advertiser changes its bank account details, it will be responsible for paying any applicable bank fees for recouping payments made to incorrect bank accounts, unless such payments were made by RWL after it was notified in writing of the new account number.

5. Fraud prevention measures

  • 5.1. RWL employs fraud engines and detection techniques that are designed to protect Advertisers and Buyers. As a result, RWL will sometimes hold or reverse payments or take other steps to protect members. While RWL has systems in place to reduce the risk of credit card fraud, RWL is not responsible for protecting the Advertiser from credit card fraud or Chargebacks, and this risk lies with the Advertiser.
  • 5.2. RWL is not liable for falsely declining transactions, or for letting through transactions that result in Chargebacks and loss for Advertisers.

6. Reversals, chargebacks and refunds

  • 6.1. RWL may reverse a payment (or reverse the amount payable per clause 3.4) to the Advertiser should a Chargeback or an erroneous payment occur.
  • 6.2. Without limiting clause 6.1, if RWL refunds any payment made by a Buyer for whatever reason (including without limitation, as may be required by law or due to a failure by the Advertiser to honour a Now Deal), which payment (or part of it) has been passed on to the Advertiser, the refund will be charged back to the Advertiser.
  • 6.3. In the event of a Chargeback, RWL will provide reasonable evidence to the bank about the transaction. The Advertiser may also be asked to provide additional information.
  • 6.4. If a payment to RWL is reversed in accordance with this clause, and if RWL cannot reverse the payment to the Advertiser automatically, or recover the amount by deducting it from the Advertiser's Business Centre balance, the Advertiser must pay RWL the reversed amount immediately on demand. RWL may also charge interest at a rate of 8% per annum while the payment is outstanding.

7. Disclaimers

  • 7.1. The Advertiser accepts that:
  • - RWL only facilitates the Service, and does not take any part in the sale itself or the offering or honouring of the goods and/or services advertised in the Voucher or via the Treat Me Now Service.
  • - RWL's fraud protection systems may from time to time block legitimate payments. In these cases, payment will need to be made by other means.
  • - RWL makes no warranty that the Service will meet the requirements of all prospective users, or that the Service (including any reports) will be uninterrupted, timely, secure or error free.
  • - RWL bears no responsibility or liability for any misconduct or mistakes by Buyers or other third parties who are involved in the transaction.

8. Indemnity and liability

  • 8.1. The Advertiser agrees to indemnify RWL, its officers and employees against any claim or demand made by any third party (including Buyers) due to or arising out of the Advertiser's use of the Service, and/or offering and fulfilment of any Now Deals.
  • 8.2. Except as expressly provided in this agreement all representations or warranties by RWL (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded, including without prejudice to the generality of the foregoing, any implied warranties of merchantability and fitness for a particular purpose.

9. Intellectual property rights

  • 9.1. The Advertiser grants to RWL a non-exclusive, royalty-free licence to use, copy and publish the Advertiser's trade marks to the extent necessary to fulfil its obligations under this agreement.
  • 9.2. RWL (and its licensors or suppliers, as the case may be) owns all intellectual property rights in the Treat Me website and any Treat Me Now mobile service, including everything you see on the Treat Me website, mobile applications, the software and other material underlying the Treat Me website and any Treat Me mobile offering. Unauthorised use of RWL's intellectual property may result in civil and/or criminal penalties.
  • 9.3. The Treat Me name and logo are trademarks of Trade Me Limited. All rights in these trademarks are reserved. RWL licences use of the Treat Me brand from Trade Me Limited, but operates this website and the Service independently.

10. Termination

  • 10.1. RWL may terminate [this agreement] [or "the Advertiser’s Business Account"] immediately if the Advertiser breaches these terms and conditions or engages in conduct that RWL deems inappropriate or unacceptable, including if it deems there to be unacceptable risk to RWL or its users.
  • 10.2. Either party may terminate this agreement for any other reason by giving 30 days notice. RWL may terminate [this agreement][or "the Advertiser’s Business Account"] with immediate effect if it ceases, for whatever reason, to offer the Treat Me Now Service or operate the Treat Me website or mobile service.
  • 10.3. In the event this agreement is terminated, the Advertiser must honour all obligations to Buyers, including honouring all valid Vouchers by providing the goods and services advertised.

11. General Terms

  • 11.1. RWL may change these terms and conditions at its discretion upon giving notice to the Advertiser.
  • 11.2. Any notice or other communication given under this agreement must be in writing and served to the relevant party’s representative at the principle place of business of the other party.
  • 11.3. As the owner of the user experience, RWL retains final authority on the look and feel of the Treat Me website and associated Services, and has the discretion to alter any information on that site that it deems necessary.
  • 11.4. Each party will keep the other party's confidential information confidential and shall not disclose such confidential information to any person except as required by law and to the extent that the information was already known to the receiving party or is generally available to the public other than as a result of a breach of these terms and conditions by the receiving party.
  • 11.5. If any provision of this agreement is held to be invalid, illegal, uncertain or unenforceable, the remaining provisions will not be affected or impaired.
  • 11.6. If RWL does not exercise or enforce any right available to it under this agreement, it does not constitute a waiver of those rights.
  • 11.7. The Advertiser will not assign or transfer any of its rights or obligations under this agreement with the prior written consent of RWL.
  • 11.8. This agreement is governed by and is in accordance with the laws of New Zealand.