Terms & Conditions
DEFINITIONS
- Participant – means a Viridian™ Glass Customer who is a participant of the Viridian™ Club.
- Programme – means the Viridian™ Club
- Promoter – means Viridian Glass Limited Partnership (also referred to as “Viridian Glass”) and/or Gilpin™, who administers the Viridian Club on behalf of Viridian Glass.
- EDI - means electronic data interface between the Customer and Viridian, also referred to as the Promoters Tradelink™ system.
- Net Spend – means the amount customers spend with the Promoter after the deduction of discounts and/or rebates.
- Points and / or Recognition Points– means the points earned by the Participant under the Programme and which may be redeemed for Rewards offered under the Programme
- Programme Account – means the programme account at Viridian Glass opened for a Participant for the sole purpose of accruing Points and redeeming Rewards
- Programme Website – www.viridianclub.co.nz
- Rewards – means a product or service offered by the Promoter but provided by a third party that can be obtained by the Participant under the terms and conditions of this Programme.
- Trading Account – means the trading/credit account of the Participant held with Viridian Glass.
- Viridian Trade Customer – means a trade customer of Viridian Glass who purchases glass on a credit account held by Viridian Glass. To avoid doubt, it excludes customers or sales made to customers who tender work for supply and/or installation of glass products.
ACCEPTANCE OF TERMS AND CONDITIONS
- The completion of the registration form for the Viridian™ Club Rewards programme by a Participant constitutes agreement by that Participant to these terms and conditions and their application to the Programme.
ELIGIBILITY
- Only Viridian Trade Customers who have a valid and active Trading Account are eligible to apply to register for the Programme. Eligibility as a Trade Customer is determined by the Promoter (in its sole discretion).
- Participation in the Programme is by invitation only and a completed registration form is subject to acceptance by the Promoter (in its sole discretion).
- Participation in the Programme will commence from the time the registration has been accepted by the Promoter and notified to the Participant via the email address provided by the Participant to the Promoter on the registration form.
- Employees of the Promoter are not eligible to participate in the Programme.
EARNING VIRIDIAN CLUB REWARD POINTS
- Participants in the Programme will earn Points at a rate of 1 point for every $100.00 Net Spend on the purchase of goods through the Participant’s Trading Account. All purchase dollar values exclude GST.
- Points may be earned from the date the Participant’s registration is accepted by the Promoter and notified to the Participant via the email address provided by the Participant to the Promoter.
- Participants may earn extra Points by achieving target purchase plans agreed with the Promoter. Such target purchase plans will be communicated to the Participant by the Promoter from time to time.
- Points earned in the Programme are personal to the Participant (the Trading Account holder named in the relevant Programme registration form) and are not transferable to any other person, entity or Programme Account unless agreed in writing by the Promoter.
- The Promoter reserves the right to adjust Points earned by the Participant in the event of error or omission. In such cases the Participant will be advised in writing of the adjustment and these will be backdated to the date when the error or omission took place.
MINIMUM CRITERIA TO EARN POINTS
- Participants in the Programme will only be eligible to earn Points if 100% of their glass purchases that can be supplied by Viridian are supplied by Viridian (unless by prior arrangement with the Promoter).
- Participants must achieve a minimum spend of $10,000 per month, excluding GST, in each calendar month in order to earn Points. Additional monthly sales targets may be set by the Promoter following consultation with the Participant.
- Glass orders must be placed using EDI only, unless a prior arrangement has been made with the Promoter.
POINTS EXPIRY OR CANCELATION
- Points earned in the Programme from 1st December 2017 onwards will expire eighteen (18) months after the date they are issued. For example, Points issued on 15th April 2018, will expire on 14th October 2019 if not redeemed prior.
- Points issued to Participants prior to 1st December 2017 will be deemed to have an issue date of 1st December 2017.
- Participants who withdraw, or are removed, from the Viridian™ Club will have thirty (30) days to redeem their Points.
REWARDS AND REWARDS REDEMPTION
- The Rewards available in the Programme at any time are set out on the Programme Website (www.viridianclub.co.nz). These Rewards and related Point values may vary from time to time as (among other things) product models change and travel packages become available or expire.
- A Participant must earn 100 Points or more to be eligible to claim its first reward. Once the 100 Points threshold has been reached, Rewards may be claimed to any value to which the Participant is entitled.
- A Participant may only claim a reward if it has sufficient Points to redeem against the selected reward in full.
- A Participant may only claim and receive a reward if its Trading Account is operating within the normal payment terms then agreed between the Participant and the Promoter.
- Rewards are issued to and personal to the Participant (the Trading Account holder named in the relevant Programme registration form).
- The number of Points used for a reward claim will be deducted from the Points balance of the Participant’s Programme Account with the oldest Points being deducted first.
- When redeeming Points against a Reward, the Participant must nominate an alternative recipient or delivery address to which the Reward is to be delivered in the event it cannot be delivered to the Participant’s address.
- All Rewards are subject to availability.
- No cash buy-in or cash part payment from a Participant for Rewards will be permitted other than with the prior approval of the Promoter, in its sole discretion.
- All Rewards are subject to the specific conditions on which the third party provider of the Reward makes the Reward available. If there is any inconsistency between them and these terms and conditions, the specific conditions prevail.
- Any dispute or claim concerning Rewards received under the Programme will be settled between the Participant and the third party supplier of the Reward. The Promoter will endeavour to assist the Participant with the dispute but takes no responsibility for resolving such disputes or for the dispute itself.
- Rewards cannot be exchanged for other Rewards and are not transferable for cash or credit under any circumstances. Nor can reward redemptions be cancelled or changed once they have been made.
- No cash payment will be made for any unredeemed Points in any circumstances.
- Participants should allow up to 14 days for processing and delivery of Rewards. Sometimes, due to seasonal demands, high volume or delays (among other things), processing and delivery may take longer than this.
CANCELLATION OF PARTICIPATION AND PROGRAMME TERMINATION
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The Promoter may suspend or terminate a Participant’s participation in the Programme and cancel its unredeemed Points by notice to the Participant if the Participant:
- fails to comply with these Programme terms and conditions;
- abuses any privilege accorded to the Participants under the Programme;
- supplies any misleading information or makes any misrepresentations to the Promoter in connection with the Programme;
- becomes bankrupt or dies (if the Participant is an individual);
- becomes insolvent, goes into receivership or liquidation or is sold (if the Participant is a company).
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The Promoter may also suspend or terminate a Participant’s participation in the Programme by written notice to the Participant if the Participant:
- is no longer a customer of Viridian Glass;
- no longer meets the eligibility criteria for participation in the Programme.
- If a Participant’s participation in the Programme is terminated under the above condition, then the Participant must redeem any Points it holds within thirty (30) days of receiving the Promoter’s notice of termination (after which point the Points will be cancelled).
- If the Participant fails to achieve loyalty and / or monthly spend requirements for three (3) consecutive months then the Promoter may terminate the Participant’s participation in the programme. In the event this occurs the Participant must redeem any Points it holds within thirty (30) days of receiving the Promoter’s notice of termination (after which point the Points will be cancelled).
- A Participant may terminate their participation in the Programme at any time by giving written notice to the Promoter. In the event this occurs the Participant will be given thirty (30) days to redeem any remaining Points.
- The Promoter may suspend or terminate the Programme at any time at its sole discretion by giving thirty (30) days’ notice. Any Points which remain unredeemed at the end of this 30-day period will be cancelled.
LIMITATION OF LIABILITY
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Except for claims made under the Consumer Guarantees Act 1993, the Promoter shall not be liable (in negligence, tort, breach of contract or otherwise) for any direct or indirect loss, or special or consequential loss, arising out of or in connection with:
- Its variation of Rewards from time to time;
- Its variation to these Terms and Conditions from time to time;
- The suspension to or termination of a Participants registration to the Programme;
- A Participant’s use of or ability (or inability) to access any Rewards;
- Many of the Rewards available to Participants are provided by third party entities with which the Promoter has made arrangements but over which the Promoter has no control. The Promoter does not endorse third party entities providing Rewards and has no liability in respect of your dealings with third parties. You maintain full responsibility for your dealings with third parties and your use of any Reward that is provided by a third party.
- The Promoter is not responsible for lost or stolen Rewards, including Rewards lost or stolen during the course of delivery.
- The Promoter is not responsible if a Participant cannot claim or redeem a reward for reasons beyond the Promoter’s reasonable control including the failure of a Reward supplier to honour its obligations for any reason. However in these circumstances, where a Participant’s Points have not been redeemed, the Participant may claim an alternative available reward.
- The Promoter will not be liable for any loss or claim arising from the suspension or termination of the Programme including (without limitation) any claim for a points balance in a Participant’s Programme Account which have not been redeemed at the time of suspension or termination of the Programme.
- Rewards are supplied to the Participant by third parties and are subject to such third parties’ guarantees and warranties. No further guarantee or warranty is provided by the Promoter in respect of the Rewards.
- Claims made under the Consumer Guarantees Act 1993 or otherwise in respect of faulty Rewards or unsatisfactory service should be directed to the relevant third party providing the Reward.
- Claims or complaints about the Programme should be directed to the Promoter.
PRIVACY AND INFORMATION COLLECTED
- Participants’ personal information is subject to Viridian’s Privacy and Collection Statement which can be viewed on the Programme Website (www.viridianclub.co.nz). This statement sets out policies on management of Participants’ personal details, if any are collected, held or used by the Promoter. In accordance with the Privacy Act 1993, Participants can access personal information about them held by the Promoter and advise if they believe it is inaccurate, incomplete or out of date by contacting the Promoter at info@viridianclub.co.nz.
- By registering with the Programme, Participants authorise the Promoter to seek access to, collect and use information about them for the purposes of planning, development and administration of the Programme in accordance with Viridian’s Privacy and Collection Statement.
NOTICE AND CONTACT DETAILS
- Any notice sent via email by the Promoter to the last email address provided by the Participant pursuant to these Terms will be deemed to have been received by the Participant when it enters the Participant’s information system (unless a delivery failure notice has been received by the Promoter, in which case the notice will be deemed not to have been served).
- A Participant must promptly notify the Promoter in writing (for example, via email) or by phone of any change of address or contact details.
GENERAL
- Participants are solely responsible for any tax, duty or other charge imposed by law in relation to the Participant’s involvement in the Programme, any Points earned or redeemed by the Participant or any other transaction of the Participant within the Programme. Participants should seek advice from their own taxation adviser or accountant.
- The Consumer Guarantees Act 1993 (NZ) shall not apply to these Terms and Conditions in respect of Rewards acquired and/or used for the purpose of business or trade.
NEW ZEALAND LAW
- These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. The Participant and the Promoter consent to the exclusive jurisdiction of the courts of New Zealand in connection with any legal action that may arise in relation to your participation in the Programme and or your use of the Programme Rewards.
CHANGES TO THESE TERMS AND CONDITIONS
- The Promoter will notify all Participants in the Programme of any changes to the terms and conditions via the email address provided by the Participant to the Promoter.
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Changes may include (but not be limited to) changes to:
- the Rewards available;
- the way Participants earn Points;
- the way Participants can redeem Points;
- the duration Points remain active;
- the number of Points required to obtain a reward; or
- the number of Points awarded and point conversion rates.
- The Participant is entitled to terminate its participation in the Programme by giving seven (7) days’ written notice to the Promoter if it does not accept the changes made to the terms and conditions pursuant to this section. The Participant will then be given thirty (30) days from the date of its notice of termination to the Promoter in which to redeem any remaining Points.