Vape Merchant

Loyalty Points

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Terms & Conditions

The Terms and Conditions as set out on this page (as amended from time to time) govern the operation of the Vape Merchant Loyalty Program (“Rewards Program”), the use of Vape Merchant’s (“we”, “our”, “us”) member section of our website and any promotional activity and loyalty transactions that arise as a consequence of the Loyalty Program.

Please read these Terms and Conditions carefully and make sure you understand them before joining the Loyalty Program. By participating in the Loyalty Program, you agree that you have read, understood and be legally bound by these Terms and Conditions including Vape Merchant’s Condition of Sale and the Privacy Policy, in particular, you consent to us sending you emails in relation to the Loyalty Program and to promote and market our goods.

We may amend these Terms and Conditions at any time (including retrospectively) without prior notice in our absolute discretion. Any amendments will be posted on this page.

MEMBERSHIP

1. The Loyalty Program is for existing smokers and vapers who are at least 18 years of age or older.2. Membership of the Loyalty Program is free. An individual (not organisations or groups) will automatically become a Member of the Rewards Program when they create an account by signing up on the Vape Merchant NZ website at www.vapemerchant.co.nz or sign up in a Vape Merchant store. For the avoidance of doubt, creating an account and joining the Loyalty Program is the same. 3. A Member must be over 18 years old and a legal resident of New Zealand or Australia with a valid email address. 4. At any time, you can only have one membership of the Loyalty Program and only one account may be associated with a valid single email address.
5. We reserve the right to refuse, terminate, modify or suspend membership of the Loyalty Program at any time without prior notice or reason and in our absolute and sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse, or violation of these Loyalty Program Terms and Conditions, we also have the right to take appropriate legal action.6. Membership is not transferable.7. Membership is not required in order to purchase products online at www.vapemerchant.nz or in Vape Merchant stores.
8. You may be required to provide your full name, mailing address, email address, and date of birth and to create a password in order to create an account. You are solely responsible for maintaining the accuracy and privacy of your account information and for updating it as required.9. If a Member believes his/her account has been compromised, he/she agrees to immediately contact Vape Merchant Customer Service at customerservice@vapemerchant.nz.10. Employees of Vape Merchant are not eligible to participate in the Loyalty Program. Vape Merchant reserves the right at any time to limit the number of participants in the Loyalty Program.11. A Member can at any time terminate his/her membership by providing written notice to Vape Merchant Customer Service at customerservice@vapemerchant.nz. Your email must specify your name, address, phone number, and email address associated with your account, and confirm that you wish to be removed from the Loyalty Program. It may take up to seven (7) business days for your cancellation to complete. You acknowledge and agree that, upon cancellation of your membership, you forfeit any Vape Merchant Points you may have earned and/or any Vouchers that might otherwise have been available to you during your continued participation in the Rewards Program. If you wish to return to the Loyalty Program after cancelling your membership, you will be required to join the Rewards Program again starting with no Vape Merchant Points or available Vouchers.12. If we terminate the Loyalty Program or if your membership is revoked, any Vape Merchant Points or Vouchers in your account or available to you prior to such termination or revocation will automatically expire with no compensation payable, and your access to the Loyalty Program and its features will automatically terminate, in our absolute and sole discretion.13. You may still receive emails relating to your www.vapemerchant.nz account, including marketing emails, from us pursuant to your www.vapemerchant.nz subscription.

PARTICIPATION

The Loyalty Program is a way in which we reward and thank our loyal customers for purchasing Vape Merchant products and/or taking other Loyalty Program -related actions. You may purchase Loyalty Program Vouchers (each a “Voucher”) by converting Vape Merchant Points online. You may earn Vape Merchant Points for dollars you spend on each qualifying transaction online at www.vapemerchant.nz and in a Vape Merchant store, excluding employee or other discounts, sales, subscription products and other items purchased with a gift card, or any other vouchers or coupons. Vape Merchant may also, at its sole discretion, provide additional Vape Merchant Points in connection with certain transactions and promotions. In order for your eligible purchase or action to qualify for Vape Merchant Points, you must be enrolled in the Loyalty Program, and you must be logged in to your account online prior to making such purchase or taking such action.

Vape Merchant Points and Vouchers earned through the Loyalty Program have no cash value, are non-negotiable, and cannot be redeemed either in whole or in part for cash. Only the Member paying for products in a qualifying purchase may accumulate Vape Merchant Points. If you return items from a qualifying purchase or obtain Vape Merchant Points through fraudulent or other activity that violates these Loyalty Program Terms and Conditions, the appropriate number of Vape Merchant Points originally earned from such purchase or activity will be automatically deducted from your Member account balance. Vape Merchant Points and Vouchers do not constitute property of any Member or any other person and may not be gifted, sold, or otherwise transferred, other than by Vape Merchant or as otherwise expressly provided for in these Rewards Program Terms and Conditions, and any receipt or use of Vape Merchant Points or Vouchers in violation of these Rewards Program Terms and Conditions will render such Vape Merchant Points and Coupons void. Neither Accounts nor Vape Merchant Points or Vouchers may be shared or combined. Vape Merchant Points earned may not be eligible for redemption until twenty-four (24) hours after they are awarded.

Vape Merchant Points will expire six (6) months after they are earned. We reserve the right in our absolute and sole discretion to change the expiry date for Vape Merchant Points at any time without prior notice.

If you have concerns that a purchase or other action was not properly applied to your Member account, you should contact Vape Merchant Customer Service at customerservice@vapemerchant.nz. Your email must specify your name, address, phone number, and email address associated with your account, the date of the purchase or action, and the issue(s) you encountered. This email must be sent within thirty (30) days after the purchase or action took place. We are not responsible for late notifications regarding purchases or actions not being credited to a Member account.

You may purchase Vouchers by using Vape Merchant Points by signing into your account and converting your points into an online Voucher. Vouchers cannot be exchanged for cash. Vape Merchant Points used to purchase Coupons will be deducted from the total Vape Merchant Points available in your Member account. Vape Merchant Points from multiple accounts may not be aggregated unless authorised by Vape Merchant. Taxes on Vouchers may apply where required by law. You are solely responsible for any tax liability, including disclosure, related to your participation in the Loyalty Program, including upon receipt of Vape Merchant Points or redemption of Vouchers.

We reserve the right, at any time in our sole discretion and without notice to you, to change the Coupons, how you earn Vape Merchant Points and purchase each Voucher, and how we evaluate and reward your eligible purchases and other Loyalty Program actions.

SPENDING AND EARNING VAPE MERCHANT POINTS 1. Vape Merchant Points will be accumulated and stored on your personal membership account. Members are able to view their Vape Merchant Points balance and Vouchers at any time by logging into their account online at www.vapemerchant.nz. Points will not be earned on subscription products and sale items.2. For every one (1) New Zealand Dollar (NZD) spent on any products at www.vapemerchant.nz (including GST and shipping costs) or in a Vape Merchant store, you will receive 1 Vape Merchant Point. Where the total order does not amount to an exact rounded dollar (i.e. $19.90), amounts will be rounded down for the purposes of earning Vape Merchant Points (i.e. $19.90 will result in nineteen (19) Vape Merchant Points being earned). Each point has a redemption value of 5c. 3. Vape Merchant Points will be credited to your account no later than the next following working day.

How to spend Vape Merchant Points?

Vape Merchant Points can be spent in two ways:1. Converting it to an online Voucher to use at www.vapemerchant.nz. Online vouchers expire 2 weeks (14 days) from issue.2. Purchasing products in a Vape Merchant store

Members will be able to go to their account at www.vapemerchant.nz and convert their Vape Merchant Points to Vouchers for spending online. A minimum of 100 points is required for converting Points into Vouchers e.g

$5 NZD Voucher can be purchased by spending 100 Vape Merchant PointsAnd so on and so forth.Once purchased, each Voucher will have a special unique code in which the Member will be emailed and can input at the checkout in order for that Voucher to be applied against the order. The Voucher may not be exchanged or redeemed for cash. Voucher expires 2 weeks (14 days) from issue.

LIMITATION OF LIABILITY

Vape Merchant (New Zealand), its parent company, subsidiaries, affiliates, directors, employees, agents, partners, or licensors will not be responsible for or liable for any loss or damage, however caused, in connection with the Loyalty Program or your participation in it (in contract, tort (including negligence) or otherwise) for any (but not limited to) (a) any cost (including tax liability) associated with accessing any website in relation to the Loyalty Program, including that incurred in the provision of Vouchers or Vape Merchant Points; (b) access delays or access interruptions to the Rewards Program; (c) data non-delivery, loss, theft, mis delivery, corruption, destruction, or unauthorised access to your account or your Vape Merchant Points; (d) loss or damages of any sort incurred as a result of dealing with or the presence of any third-party links on the Loyalty Program site or on www.vapemerchant.nz or use of any Vouchers of the Rewards Program; (e) computer viruses, system failures, technical issues or malfunctions which may occur in connection with your use of the Rewards Program site or www.vapemerchant.nz, including during hyperlink to or from third-party websites; (f) any inaccuracies or omissions in the Loyalty Program content or adverse consequences arising out of use or reliance on such information or content; (g) any claim arising out of or in connection with the termination of the Loyalty Program; (h) any loss of profit (direct or indirect) or any direct, consequential, incidental or indirect loss or damage resulting from any breach of these Terms and Conditions or (i) events beyond our reasonable control, including without limitation any act of God, act of war, natural disaster, cyberattacks, terrorism, or any act or omission of a third party.To the extent Vape Merchant (New Zealand) or its parent company, subsidiaries, affiliates, directors, employees, agents, partners, or licensors remains liable to Members, its aggregate liability (in contract, tort (including negligence) or otherwise) in respect of any one event or related series of events under these Terms and Conditions is limited to the monetary value equivalent of the Vouchers or Vape Merchant Points in a Members membership account at the time of the event, or first event in the series, which gives rise to the liability.

These Terms and Conditions are to be read in conjunction with any additional conditions associated with specific promotions, as well as in conjunction with our Conditions of Sale. In the event of any inconsistencies, our decision as to which term prevails will be final and binding. Our decision in relation to all matters arising in relation to the Rewards Program is final and binding.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Vape Merchant (New Zealand), its parent company, affiliates, subsidiaries, directors, employees, agents, partners, contractors, contractual partners, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable legal fees) made by any third party due to or arising out of your participation in the Rewards Program in violation of any law, rule, regulation, guideline, or these Loyalty Program Terms and Conditions, and/or your violation of any rights of another.

LAW AND DISPUTE RESOLUTION

The Loyalty Program and these Loyalty Program Terms and Conditions are governed by the laws of New Zealand. You hereby consent to the exclusive jurisdiction and venue of the Courts within New Zealand, for any claims arising out of or relating to Loyalty Program or your participation therein or the Loyalty Program site.

PRIVACY

The personal information collected from you in connection with the Loyalty Program, including but not limited to your Loyalty Program membership registration data and purchases made in connection with your Loyalty Program membership, is subject to our Privacy Policy.

CONTACT US

For more information about the Loyalty Program and your Loyalty Program membership, please contact us at customerservice@vapemerchant.nz. We are not responsible for requests or correspondence that is lost or delayed in the mail or via the Internet. Vape Merchant, 11a Croucher Street, Richmond 7020, New Zealand.

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