Kiwi Welcome Customer Membership Terms and Conditions

1. Defined Terms

  • 1.1 Kiwi Welcome: means Kiwi Welcome Limited.
  • 1.2 Kiwi Welcome Membership: means the membership program operated by Kiwi Welcome
    and which provides Offers to Members.
  • 1.3 Member and Members: means a person or persons who hold a current and active Kiwi
    Welcome Membership.
  • 1.4 Merchant: means a partner merchant that participates in the Kiwi Welcome Membership
    program and honours the associated Offers.
  • 1.5 Purchase Date: means the commencement date for a Kiwi Welcome Membership which
    is triggered by the purchase of a Kiwi Welcome Membership via a credit card payment at the
    point of purchase on the Website.
  • 1.6 Offer: means an offer made by a Merchant on the Website which provides Members with
    access to discounts, rewards or added value benefits across accommodation, car hire,
    activities, food and beverage and other categories.
  • 1.7 Website: means the website owned and operated by Kiwi Welcome, having the domain
    name www.kiwiwelcome.co.nz.

2. Membership Overview

  • 2.1 The Kiwi Welcome Membership is a membership subscription which is operated by Kiwi
    Welcome. By enrolling and participating in a Kiwi Welcome Membership you agree that you
    have read and understood these Terms and Conditions and are bound by them. You
    consent to Kiwi Welcome collecting, using and the disclosure of your personal information in
    accordance with the separate Kiwi Welcome Privacy Policy. Kiwi Welcome reserves the right
    to amend these Terms and Conditions at any time and without notice to you. These Terms
    and Conditions were last updated August 2020.
  • 2.2 Kiwi Welcome Memberships are purchased online via the Website. By joining Kiwi
    Welcome all Members confirm to Kiwi Welcome that they are over 18 years old and can form
    a legally binding contract that is enforceable between Kiwi Welcome and that Member.
  • 2.3 The barter, trade, sale, purchase, publishing or transfer of Memberships or any Offers,
    Merchant redemption codes, or free trials, by any person or entity, including but not limited to
    travel servicers, travel providers, and printers, third party websites or publishers, is strictly
    prohibited, unless expressly authorised by Kiwi Welcome. All Offers are subject to the
    unique terms and conditions associated to each Offer. These terms and conditions may vary
    from Offer to Offer and are subject to the Kiwi Welcome Rules of Use. See section 4
  • 2.4 Payments for additional Kiwi Welcome Memberships and Member-only offers available
    on the Website can be made securely with a credit card at the point of purchase on the
    Website. The charge will appear on your credit card statement as “Kiwi Welcome”.
  • 2.5 All costs quoted on the Website are in New Zealand dollars and are inclusive of GST.
  • 2.6 All Offers, customised products, as well as the Merchants who provide offers on the
    Website, are subject to availability. Kiwi Welcome takes no responsibility for any products,
    services, or promotions the subject of an Offer that are discounted, sold out or temporarily
    unavailable.
  • 2.7 These Terms and Conditions are governed by and will be construed in accordance with
    the laws of New Zealand.

3. Joining Kiwi Welcome

  • 3.1 You can become a Member by paying the applicable membership fee for a Kiwi
    Welcome Membership and activating the Kiwi Welcome Membership on the Website. Your
    Kiwi Welcome Membership will expire 6 months from the Purchase Date.
  • 3.2 The full range of Offers and Merchants can be viewed online at any time. Offers and
    pricing are subject to change from time to time.
  • 3.3 You must provide your first and last name, a valid email address, mobile number, date of
    birth and valid street address to then create a unique password when joining or activating
    your Kiwi Welcome Membership, which will be used to log into your online account. You
    must use the Website in good faith, are responsible for maintaining the secrecy of your
    password and can change it at any time. You must notify Kiwi Welcome immediately of any
    unauthorised use of your username and/or password or any other breach of your security on
    the Website. Whilst Kiwi Welcome will do all things reasonably necessary to maintain the
    security of your personal information and credit card details, it takes no responsibility for any
    loss arising from unauthorised use of your password, credit card details or a your failure to
    comply with these provisions. The provision of personal information by you to Kiwi Welcome
    must be complete and accurate.

4. Participation in Kiwi Welcome and Rules of Use

  • 4.1 Offers can be accessed via the Website by logging into a current Membership account
    and used by redeeming them at participating Merchants. Offers are only available at
    participating Merchants. Offers are for personal use only, not business use. To redeem an
    Offer, Members must comply with the terms and conditions for redemption specified by the
    Merchant for that particular Offer. Offers are not transferable, not redeemable for cash and
    are non-refundable.
  • 4.2 Memberships can be revoked by Kiwi Welcome at any time, in its sole discretion and
    without compensation, if you abuse or breach of any of these Terms and Conditions, take
    any action deemed by Kiwi Welcome to be contrary to Kiwi Welcome or the interests of its
    Members or Merchants or in the case of fraud or misuse. Except as required by law, Kiwi
    Welcome Memberships are non-refundable. If Kiwi Welcome is required to give you a
    refund, such refund will only be given if you have not redeemed any Offers and will only be
    for the amount of the membership fee paid by you for your Kiwi Welcome Membership.
  • 4.3 Where any dispute arises between you and a Merchant, you agree in good faith to
    attempt to resolve the dispute directly with that Merchant amicably through negotiation or
    other informal means before pursuing any formal legal action. You acknowledge that Kiwi
    Welcome will not be a party to any such dispute.
  • 4.4 Kiwi Welcome assumes no liability whatsoever, including without limitation, liability for
    any expense, loss, cost, injury, damage, accident or any other matter or thing whatsoever,
    however suffered or caused (including compensatory, incidental, indirect, special, punitive,
    consequential or exemplary damages or damages for loss of income or profits), directly or
    indirectly arising out of or related to a Kiwi Welcome Membership or by reason of the
    termination of or amendment to a Kiwi Welcome Membership in whole or in part, the value or
    availability of Offers, the goods and services supplied pursuant to an Offer (including their
    quality and quantity), or the addition or deletion of Offers, the Website or the content on the
    Website, the Merchants or other features of the Kiwi Welcome Membership with or without
    notice.
  • 4.5 Neither Kiwi Welcome nor its respective officers, agents, employees and related bodies
    corporate shall be responsible for any failure of the Website for any problems or technical
    malfunction of a telephone network or lines, computer online systems, servers, access
    providers, computer equipment, software, failure of any e-mail, online or Internet entry,
    technical problems, traffic congestion on the Internet or at any website, or any combination
    thereof, including any injury or damage to any computer or property related to or resulting
    from participating in or downloading any material relating to a Kiwi Welcome Membership.
    Kiwi Welcome reserves the right, at its sole discretion, to cancel or suspend a Kiwi Welcome
    Membership should a virus, bug or any other cause beyond the reasonable control of Kiwi
    Welcome corrupt the security or proper administration of a Kiwi Welcome Membership or
    Website.
  • 4.6 Any attempt to deliberately damage the Website, whether through the introduction of a
    virus, malware, or similar, by a distributed denial of service attack or otherwise, or to
    undermine the legitimate operation of a Kiwi Welcome Membership is a violation of criminal
    and civil laws and should such an attempt be made, Kiwi Welcome reserves the right to seek
    remedies and damages to the fullest extent permitted by law, including criminal prosecution.
  • 4.7 Except to the extent permitted by law, Kiwi Welcome excludes all liability and
    responsibility to you or any other person under the Consumer Guarantees Act 1993 and the
    Fair Trading Act 1986.
  • 4.8 You indemnify Kiwi Welcome and hold it, its officers, agents and employees harmless
    from any claims, actions, costs or losses by Kiwi Welcome or any third party as a result of or
    arising out of the reasonable reliance by Kiwi Welcome or any third party upon any acts
    carried out, requests made or information provided through the use of your account details
    (including your username and/or password), your failure to complete any transaction the
    Website may have facilitated, your breach of these Terms and Conditions or any conduct of
    yours or any transaction entered into by you that does not comply with law.

5. Renewing Membership

  • 5.1 At the expiry of the 6 month membership period, you will be invited to pay the
    membership fee for a new Kiwi Welcome Membership. Your Kiwi Welcome Membership with
    access to Offers will be renewed on the payment of a new membership fee.
  • 5.2 From time to time Kiwi Welcome may seek your feedback on your experiences to
    maintain and improve what is being offered.

6. Marketing, Promotions and Personal Information

  • 6.1 By enrolling in the Kiwi Welcome Membership, you will be automatically enrolled into and
    consent to, receiving marketing communications from Kiwi Welcome.
    It is your responsibility to set your own communication preferences by logging into your
    account on the Website and selecting what you wish to receive and not receive or by
    selecting to opt-out of receiving email communications by selecting unsubscribe on the email
    footers. You are responsible for keeping the information in your account up to date including
    but not limited to your name, e-mail address, mobile phone number and physical address

7 Competitions

  • 7.1 Kiwi Welcome may from time to time make available to you promotions and competitions
    (collectively, “Competitions”). Where applicable, you may enter Competitions by meeting the
    entry criteria specified on each Competition. Kiwi Welcome may publish names of winners of
    Competition prizes.
  • 7.2 Each Competition will be subject to any individual terms and conditions specified on the
    Website for that Competition. Some standard terms and conditions are as follows;
    – Awards and prizes must be taken intact as offered and not transferable, exchangeable and
    redeemable for cash.
    – If an award of prize is unavailable for any reason, Kiwi Welcome reserves the right to
    substitute and award of prize of equal or greater value.
  • 7.3 Kiwi Welcome’s decision on all matters relating to a Competition will be final and not
    subject to challenge or review. Offers may not be redeemed in conjunction with any other
    promotional offers including, but not limited to, promotional discounted offers. Neither Kiwi
    Welcome nor its officers, agents, employees and related bodies corporate make any
    representation or warranty as to the quality, suitability or merchantability of any goods or
    services offered or given as awards or prizes.

8. Privacy

  • 8.1 Kiwi Welcome and its respective officers, agents, employees and related bodies
    corporate are committed to protecting your privacy. All personal information collected from
    you will be subject to the Kiwi Welcome Privacy Policy – see
    www.kiwiwelcome.co.nz/privacy. for further details. Kiwi Welcome may share aggregated
    and anonymised Member data with third parties so long as that aggregated and anonymised
    Member data cannot be reasonably traced back to an individual. Member information is
    considered a Kiwi Welcome asset.

9. Termination, Changes and Breach

  • 9.1 Kiwi Welcome may change these Terms and Conditions, any aspect of the Kiwi
    Welcome Membership including the membership fee for a Kiwi Welcome Membership,
    redemption procedures or any Offers in any respect, without notice to you and even though
    such changes may affect the value of Kiwi Welcome Memberships already purchased.

10. General

  • 10.1 These Terms and Conditions constitute the entire agreement between you and Kiwi
    Welcome regarding your participation in the Kiwi Welcome Membership, your entitlement to
    redeem Offers and supersede all previous versions. Except as expressly contained in these
    Terms and Conditions, there are no conditions, representations, warranties, express or
    implied, statutory or otherwise. When you deal with Kiwi Welcome or its respective officers,
    agents, employees and related bodies corporate over the Internet, you consent to the
    formation of contractual relations through electronic communications. Kiwi Welcome has the
    final authority as to the interpretation of these Terms and Conditions and as to any other
    questions or disputes regarding a Kiwi Welcome Membership.
  • 10.2 Kiwi Welcome makes no warranty or representation about and accepts no liability or
    responsibility for the quality or suitability of any Offers provided and listed on the Website or
    the accuracy or reliability of any third party content on the Website. Kiwi Welcome advises
    that some activities offered may carry a degree of risk and that participating in the activity
    provided, you expressly assume those risks personally and are releasing the Merchant and
    Kiwi Welcome from any liability, claims losses, damages and expenses.

11. Changes to these Terms and Conditions

  • 11.1 Kiwi Welcome reserves the right to change, suspend or terminate these Terms and
    Conditions at any time. Where Kiwi Welcome changes these Terms and Conditions, or any
    Offers under a Kiwi Welcome Membership, an updated copy of these Terms and Conditions
    will be available on the Website. You should regularly check the Website for updates to the
    Terms and Conditions
  • 11.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable
    by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms
    and Conditions which will continue in full force and effect. Kiwi Welcome will not be deemed
    to have waived any right under these Terms and Conditions unless the waiver is in writing
    and signed by Kiwi Welcome.