For the purposes of these Terms and Conditions:
- “Applause” or “we” refers to Applause Charitable Trust and its Trustees, staff, contractors and agents;
- “Supplier” refers to a supplier of a good or service (“Product”) on the Site for the purposes of allowing a User to redeem and use that Product on the terms provided by thatSupplier; and
- “User” or “you” refers to an approved carer or staff member of an approved social service provider who has been authorised to access the Site and redeem Products.
TheseTerms also incorporate any specific terms and conditions a Supplier may include with any description of a Product on the site.
Specific Terms and Conditions
- Product Availability: We will do what we reasonably can to allow redemption of any Products placed on the Site but no member of the Applause Charitable Trust or suppliers shall be liable to any person if we are unable to, or decline, to supply a Product for any reason whatsoever.
- Limit on quantities: We or the Suppliers reserve the right to limit the quantities of Products able to be ordered by you or delivered to you.
- Product and Service and Service range:We or the Suppliers reserve the right to limit the range of Products available to certain areas.
- Product substitution: If a Supplier is unable or declines to supply a Product redeemed by you, they may substitute a similar Product of equal or lower value. A Supplier may reserve the right to refuse to substitute any Product for any reason.
- Product quality: If a Product was delivered to you in a damaged or spoiled condition (we may request photographic evidence of this), or a Service provided was less than optimal, we will support you to contact the Supplier of the Product or Service so that you can request a replacement Product or Service. You must contact us within 48 hours of receipt of the Product or Service in order to make a claim under this clause.
- Redemption and Delivery: Applause and Suppliers bear no responsibility for the redemption or otherwise and delivery or non-delivery of any Product to you. Deliveries will be made or redeemed to any agreed location which shall be the responsibility of the User and the relevant Supplier to agree.
- Delays to delivery or redemption: NeitherApplause or a Supplier shall be liable for failure to deliver or redeem aProduct on a timely basis, whether the delay has been due to causes beyond our control or otherwise.
- Appropriate identification: A Supplier may request appropriate identification from the User before delivery or redemption.
- Login Requirements: You agree to keep your log in details safe and confidential at all times and you are strictly prohibited from sharing those login details for the purposes of allowing a non-authorised person to access a Product.
- Applause Charitable Trust discretion to accept registration: Applause have the discretion to refuse the registration of a potential User to our Site for any reason whatsoever.
- Site content: While we have endeavoured to ensure that the information we have provided on the Site is free from error, it is provided "as is" and "as available" and without warranties of any kind either express or implied.We do not warrant the accuracy, currency or completeness of the information on the Site or that the Site is error free or suitable for your intended use. We do not warrant that the Site or the server that makes it available are free of viruses or other harmful components and we shall not be responsible or liable for any error in, or omission from, the information we have provided on theSite except as required by law. We reserve the right to make changes to the information provided on the Site at any time and without notice.
- Use of the Site: You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You may download the information on the Site for your own personal use but otherwise neither the Site, nor any material on it, may be scraped, copied, altered, modified, reproduced, transmitted or distributed without our prior written consent. Your use of the Site will not create, nor will you represent to have, any interests or rights in our intellectual property. You agree that you will not interfere with any other party's use and enjoyment of the Site, or damage the operation of the Site, or our systems or those of other persons who use the Site, whether by way of a virus, corrupted file, any other software or program, or otherwise. We reserve the right to suspend your use of the Site where we consider that you may have breached these Terms or the law.
- Links to and from other websites: Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by us. We do not monitor the content of any other websites and are not liable or responsible in relation to any content on them.
- Hyperlink: You agree that you will not create a hyperlink to this Site without our express written permission. If you do create a hyperlink to this Site, you are responsible for all losses that we may suffer as a result of that link, whether direct or indirect. Linking to this Site is at your own risk. You may not frame any part of the Site content by including advertising or other revenue generating material.
- Security of information: We will use our reasonable endeavours to prevent any unauthorised entry into ourSites. However, no member of the Applause Charitable Trust Group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into our Sites.
- Website analysis tools: We use third-party services and/or software to improve the Site and analyse its effectiveness. In order for some of this to occur a small piece of code is placed on each page which counts statistics, such as the number of visitors per day, or the number of pages requested per day. This non-personal information gained is aggregated by these companies and enables us to measure activity within our Sites which in turn is used to continually improve our Sites and our service to our customers. Applause does not warrant the accuracy or correctness of this data.
- Intellectual property rights: We grant you a non-exclusive, non-transferable, revocable right to access and use our Site solely for your personal use and on a device that you own and/or control, all on the terms and conditions set out in these Terms. All right, title and interest in all intellectual property rights in all concepts, systems, written, graphic and other material relating to the Site and its contents is owned by, and shall at all times remain the exclusive property of, us, our licensors and the providers of any other Products and services accessible on the Site, and is protected by New Zealand and international law..
- Exclusion of liability and indemnity: To the fullest extent permitted by law, we shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Site. All representations, terms, warranties, guarantees or conditions whether implied by statute, common law or custom of the trade or otherwise are excluded to the fullest extent permitted by law. Such exclusions apply to Applause, its related parties, and Trustees, officers, employees or agents. You agree to indemnify us against all liabilities, losses, (including consequential and indirect losses)claims and expenses suffered or incurred by us, and all claims and demands made against us, arising directly or indirectly out of your use of the Site, or any breach of these Terms.
- Warranties:We make no representation or warranty of any kind, express or implied, as to the operation of the Site or the accuracy of information, content, materials or Products andServices included on the Site, except as otherwise provided under applicableNew Zealand law, including any provisions in the Consumer Guarantees Act 1993("CGA") and Fair Trading Act 1986 (“FTA”).
- Liability and Indemnity: The provisions contained in clause 19 are subject to the below to the extent applicable.
Product liability: Subject to any statutory rights available under law, including under the CGA, Applause or a Supplier shall not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Applause or a Suppliers obligations under these Terms.
No liability for indirect loss: Neither Applause nor a Supplier shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Site or the delivery or redemption or failure to deliver or redeem any Products.
Indemnity: Notwithstanding any other term, each Supplier agrees to indemnify Applause against all liabilities, losses, claims and expenses suffered or incurred by Applause for any claims and demands made against Applause, as a result of any breach by a Supplier of these Terms, or caused by a Supplier.
Consumer Guarantees Act: You acknowledge and agree that:
a. Where the Products are ordered for business purposes (as the term "business" is defined in the CGA), the provisions of the CGA shall not apply to the sale of the Products and Services by Applause Charitable Trust; and
b. nothing in these Terms is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these Terms shall be read as modified to the extent necessary to give effect to that intention.
- Force Majeure: If the performance by Applause or a Supplier of its obligations under these Terms is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Applause or a Supplier) Applause and the Supplier shall be excused from such performance to the extent of such prevention.
- No waiver: Failure on the part of Applause to enforce any of these Terms shall not be construed asa waiver or as a waiver of Applause right to enforce these Terms at a later date.
- Changes to our Site(s): You acknowledge that we may provide updates, upgrades, patches and other modifications to our Site(s) (together “Updates”). Some of these Updates will occur automatically while other Updates may require you to implement them. You may also be required to update or upgrade the device, and/or the operating system or other software on that device (for example, your internet browser)(together “Hardware or Software”), in order to continue to use our Site(s).Updates will normally be provided at no cost unless we otherwise specify. You will be responsible for implementing any Hardware or Software Updates and all associated costs. We may at any time modify, discontinue, or restrict access to our Site(s) (or any part of it), temporarily or permanently with or without notice to you. You agree that we will not be liable to you or to any third party for any modification to, discontinuance of, or restriction of access to, our Site(s).
- Governing law: NewZealand law governs the use of the Site and these Terms.