Animates Petpoints Terms and Conditions

In these Terms and Conditions, “Animates”, “us”, “we” or “our” refers to Animates NZ Holdings Ltd. References to “you”, “Member” or “individual” refers to you as our customer. References to “Vet” refer to any Animates veterinary clinic or participating partner vet, as listed on our website from time to time.

1. Friends for Life Loyalty Programme (FFL Loyalty ProgrammeMemberships:

1.1 The FFL Loyalty Programme is terminated and replaced by the Animates Petpoints (APP) Loyalty Programme effective for each member of the FFL Loyalty Proramme from the date that the APP Loyalty Programme goes live in the Animates store that such member of the FFL Loyalty Programme is registered with (such date to be notified by Animates to each such member by way of display of signage in store advising the launch of the APP Loyalty Programme, and by way of email to those members of the FFL Loyalty Programme with a valid email address associated with their FFL Loyalty Programme account) (Transfer Date). 

1.2 If you were a member of the FFL Loyalty Programme at the Transfer Date and completed a transaction with Animates which was recorded on your FFL Loyalty Programme account in the three years prior to the Transfer Date then, unless we have received notice from you that you do not want to participate in the APP Loyalty Programme, we will automatically enrol you as a member of the APP Loyalty Programme from the Transfer Date, and your accumulated rig

(a) Unexpired Reward Credits redeemed from Loyalty Points under the FFL Loyalty Programme as at the Transfer Date will be converted into a voucher equivalent in NZD to the value of the Reward Credits held.  Such voucher will be emailed to you at the last email address notified by you to us, and will be valid for use in store within one month of the Transfer Date. The following stores are participating in the Animates Petpoints programme:

Store Name

Transfer Date

Animates Nelson

26 June 2018

Animates Rotorua

7 June 2019

Animates Tauranga

Animates Mt Maunganui

Animates Taupo

Animates Gisborne

14 June 2019

Animates Tower Junction

Animates Linwood

Animates Papanui

Animates Blenheim

Animates Rangiora

18 June 2019

Animates Vetcare Hokowhitu

Animates Palmerston North

Animates Vetcare Pitama

Animates Napier

Animates Hastings

19 June 2019

Animates Invercargill

Animates New Plymouth

Animates Whanganui

Animates Masterton

Animates Porirua

20 June 2019

Animates Kilbirnie

Animates Lower Hutt

Animates Kaiwharawhara

Animates Vetcare Kaiwharawhara

Animates Vetcare Khandallah

Animates Vetcare Miramar

Animates Vetcare Petone

Animates Vetcare Waikanae

Animates Vetcare Paraparaumu

21 June 2019

Animates Lunn Ave

Animates Glen Innes

Animates Three Kings

Animates Botany

Animates Manukau

Animates Takanini

Animates Pukekohe

Animates Richmond Road

Animates St Lukes

Animates Lincoln Road

Animates New Lynn

Animates Westgate

Animates Albany

Animates Glenfield

Animates Sylvia Park

Animates Whangarei

27 June 2019

Animates Silverdale

Animates Te Rapa

Animates Anzac Parade

Animates Dunedin

23 September 2019

(b) Unexpired Loyalty Points accrued under the FFL Loyalty Programme as at the Transfer Date which are sufficient in number to convert into Reward Credits under the FFL Loyalty Programme (being 2,500 or more Loyalty Points), but which haven’t been so converted as at the Transfer Date, will be converted into a voucher equivalent in NZD to the value of the Reward Credits that the Loyalty Points could earn.  Such voucher will be emailed to you at the last email address notified by you to us, and will be valid for use in store within one month of the Transfer Date.

(c) All Frequent Feeder Balances accrued under the FFL Loyalty Programme as at the Transfer Date will be transferred to the Animates Petpoints (APP) Loyalty Programme and be redeemable into Free Bags in accordance with these Terms and Conditions.

1.3 Upon enrolment in the APP Loyalty Programme, you will be allocated to a APP Loyalty Programme member tier (Member Tier) on the basis of your transaction spend with Animates and Vets during the 12 (twelve) months immediately preceding the Transfer Date (as evidenced by your FFL Loyalty Programme Loyalty Points balance as at the Transfer Date). Details of the Member Tiers are outlined further below in these Terms and Conditions. 

1.4 Animates will use its best endeavours to ensure that data held by Animates under the FFL Loyalty Programme is correctly transferred through to the APP Loyalty Programme, but in some cases the data held by Animates under the FFL Loyalty Programme may not align with your expectations or recollection of that data.  If you believe there has been any error or other issue with the transfer of data from the FFL Loyalty Programme to the APP Loyalty Programme (including, without limitation, incorrect records of transaction spend over the twelve months prior to the Transfer Date) then please contact us by emailing our customer care team at info@animates.co.nz so we can work with you to determine what can be done to promptly resolve the issue.

2. New Memberships

2.1 New customers of Animates (or existing customers of Animates who were not members of the FFL Loyalty Programme) can apply to become a member of the Animates Petpoints (APP) Loyalty Programme by completing an application online, in any participating Animates store or at a participating Animates Vetcare clinic and are subject to eligibility as outlined below. Email and phone number are mandatory requirements. We reserve the right to reject any application and shall not be required to provide any reason for such rejection.

2.2 Any new members will be initially allocated to the member status Member Tier.

3. Acceptance of Terms and Conditions and General Provisions

3.1 If you were a member of the FFL Loyalty Programme and we do not receive notice that you do not want to participate in the APP Loyalty Programme, you are deemed to have accepted these Terms and Conditions and agree to be bound by them and your membership to the APP Loyalty Programme (“Membership”) will immediately become effective.

3.2 If you are a new customer of Animates (or an existing customer of Animates who was not a member of the FFL Loyalty Programme), by applying to become a member of the APP Loyalty Programme, you are deemed to have accepted these Terms and Conditions and agree to be bound by them and your Membership will become effective at the time that we approve your application.

3.3 We reserve the right to amend or change these Terms and Conditions from time to time by publishing the amended Terms and Conditions on our website at www.animates.co.nz (Website).  Such amendments or changes may include, without limitation, changes to how APP may be accumulated, changes to how accrued rewards may be redeemed, changes to which products and services APP may be earned on, changes to the spend amount required per PetPoint, the inclusion of the Frequent Feeder Programme or Frequent Groomer Programme in the APP Loyalty Programme, and changes to the rewards and other benefits offered as part of each Member Tier.  Continuing to use your Membership after changes are made and published on our Website is deemed acceptance of those changes.  The changes will be effective from the date that the changes are made and published on our Website, and will not have any retrospective application.  These terms and conditions contain information about your rights to terminate your Membership (for example if you are not comfortable with the changes) in clause 12.1below.

3.4 The current Terms and Conditions are available at our Website and we recommend that you check these periodically.

3.5 All information provided by you to us associated with your Membership must be true and correct and you agree to keep your details up to date at all times by advising a team member in any Animates store or at a Vet or by contacting our customer care team.

3.6 Falsifying information or failing to provide any information designated as ‘mandatory’ will cause your Membership to be void or terminated.

3.7 Only one Membership to the APP Loyalty Programme is permitted per individual. However individual accounts can be linked to create a family account, by contacting our customer care team.  If a family account is established, each family member on the family account’s APP balance will be combined to determine the Member Tier that the family as a whole qualifies for.  Any rewards or benefits associated with that Member Tier will then be shared by the members of the family account.  Individual accounts which are linked as part of a family account will not receive individual membership to a Member Tier, or individual rewards or benefits, outside of the family account Member Tier membership and rewards or benefits.  If you join a family account, you agree that any member of the family account may redeem any of the rewards and other benefits associated with the Member Tier that the family account qualifies for, without any prior notice to you and Animates is entitled to rely on the fact that the person is a member of the family account as evidence of their authority to redeem any such rewards and other benefits.  Animates is not responsible for resolving any disputes that might arise between members of a family account. An individual must not be a member of more than one family account at any one time, and the maximum number of members in a family account at any one time is three members.

3.8 Membership of the APP Loyalty Programme is free.

4. Membership Benefits

4.1 By being a member of the APP Loyalty Programme, you will have the right to obtain the following benefits in accordance with these Terms and Conditions (regardless of which Member Tier you qualify under):

(a) Accumulation of APP by earning  1 PetPoint per NZD$1 spent on qualifying purchases at participating Animates and Vets (such qualifying purchases to be determined by Animates in its sole discretion from time to time, and at the date of these Terms and Conditions qualifying purchases means all purchases at Animates (in-store and online) and Vets except purchases of gift cards, and spend on delivery fees and charity donations);

(b) Participation in the Frequent Feeder Programme;

(c) Participation in the Frequent Groomer Programme; and

(d) Receipt of promotions at a participating store and offers exclusive to members of the APP Loyalty Programme.

4.2 When shopping in-store, you must identify yourself as a member of the APP Loyalty Programme (“Member”) before the transaction is completed to earn APP on that transaction, or to ensure the transaction is counted towards your Frequent Feeder Balance and Frequent Groomer Balance.  We recommend that you make all purchases on your APP Loyalty Programme account.

4.3 Your Membership must only be used for transactions completed by you personally. We reserve the right to require identification when redeeming rewards, Member offers, Free Bags, Grooming Vouchers or other benefits using your Membership.

4.4 From time to time we may provide Members with additional offers or promotions (‘Promotions’) in connection with the APP Loyalty Programme.   These terms shall apply to such Promotions in addition to any specific terms accompanying such Promotions. In the event of any inconsistency, the specific terms of the Promotion shall apply.

5. Earning Animates Petpoints

5.1 The APP Loyalty Programme operates by attributing different rewards (as nominated by Animates from time to time) to the various Member Tiers of the APP Loyalty Programme.

5.2 When you complete a transaction and identify yourself at any participating store or through the Website, the amount of the qualifying purchase will be added to your account in the form of Animates Petpoints. APP will be converted as 1 Petpoint per NZD$1 spend on qualifying purchases as detailed in clause 4.1(a) above.

5.3 Only participating Animates and Animates Vetcare clinics are applicable to accumulate Petpoints and redeem Petpoints benefits or rewards. Animates and/or Vets that are excluded from Petpoints are; Silverdale Veterinary Hospital Group

5.4 When a Member completes a transaction online on the Website and identifies themselves by logging into their online member account, the amount of the valid purchase is added to their account in the form of APP within 48 hours of the order dispatching, not at the time of order placement.  APP will not be able to be earned on transactions completed online through the Website until such time as all Animates stores within New Zealand have gone live with the APP Loyalty Programme however.  We will notify you on the Website when APP can be earned for transactions completed online through the Website.

5.5  Animates will endeavour to notify the Member via email when the Member is entitled to a reward or is changed to a different Member Tier in the APP Loyalty Programme.

5.6 At its sole discretion, Animates may update a Member account with a reward as a consequence of a purchasing behaviour, incentive and/or promotional activities.

5.6 Animates Petpoints expire twelve (12) months after they have been earned.

6. Member Tiers

6.1 You will be allocated to a Member Tier on the basis of your total unexpired Petpoints balance, being the total Petpoints earned over the immediately preceding 12 month period.  Members who were previously members of the FFL Loyalty Programme will be initially allocated to a Member Tier on the basis of their total transaction spend with Animates and Vets during the twelve months immediately preceding the Transfer Date (as evidenced by their FFL Loyalty Programme Loyalty Points balance as at the Transfer Date).

6.2 Members are allocated to Member Tiers on the basis of their APP balance in the following manner and as depicted below:

(a) Member status: Members whose unexpiredPetpoints balance is up to 99 Petpoints

(b) Bronze status: Members whose unexpired Petpoints balance is between 100 – 349 Petpoints

(c) Silver status: Members whose unexpired Petpoints balance is between 350 – 999 Petpoints

(d) Gold status: Members whose unexpired Petpoints balance is 1,000+ Petpoints

(e) Platinum: Members must be invited by Animates to join this tier and will only belong to this tier for twelve months from the date of invitation, following expiry of which they will be allocated to one of the other Member Tiers described above which aligns with their unexpired Petpoints balance as at that date (unless Animates advises the Member that their invitation to the Platinum tier is extended for a further twelve month period).

6.3 Once you have earned the required Petpoints for a higher Member Tier, we will upgrade your Membership to the higher Member Tier (and upload the relevant rewards for the upgraded Member Tier) within (i) in the case of a purchase in-store qualifying you for the upgrade, 48 hours after the valid purchase is made, and (ii) in the case of a purchase online qualifying you for the upgrade, 48 hours after dispatch of the valid purchase items.

6.4 When you are upgraded to a higher Member Tier, your unexpired Petpoints balance is transferred to that higher Member Tier with you, but Petpoints comprising that balance remain subject to their original expiry dates despite the upgrade.

6.5 From the date that you are allocated to or upgraded to a Member Tier, you have twelve months to maintain your Membership in that Member Tier.  You will be deemed to have successfully maintained your Membership in the particular Member Tier if, on the date being twelve months after the date you are (i) allocated to, (ii) previously deemed as having successfully maintained, or (iii) upgraded to the particular Member Tier (as applicable), your unexpired APP balance is within the range of APP required for the particular Member Tier. Once you have successfully maintained your Membership in the particular Member Tier, we will upload the relevant rewards for the particular Member Tier within 48 hours of the successful maintenance.  

6.6 If, on the date being twelve months after the date you are allocated to or upgraded to the particular Member Tier, your unexpired APP balance is less than the number of Petpoints required to maintain Membership in that Member Tier, you will be allocated to the lower relevant Member Tier associated with your actual unexpired Petpoints balance as at that date (“downgrade”).  For the avoidance of doubt:

(a) We will not downgrade you any more frequently than once in any review period, and such downgrading will only occur (if justified) at the end of the review period.  In this Agreement “review period” means each twelve month period commencing on the date that you became a member of your current Member Tier (or in subsequent review periods within the same Member Tier, the Animates Petpoints anniversary of that date);

(b) If you are not downgraded at the end of the first review period (i.e if you have maintained the required unexpired APP balance to maintain your Membership in your current Member Tier), you will have a further twelve months to maintain that required unexpired Petpoints balance again and it will only be if at the end of that next twelve month period that you have not maintained the relevant unexpired Petpoints balance that you will be subject to a downgrade; and 

(c) Any upgrade to a new Member Tier resets the review period, such that the review period will be twelve months from the date of upgrade.

7. Redeeming Rewards

7.1 Members in each tier are eligible to receive, upon entry into, or upon being deemed to have successfully maintained, the relevant Member Tier, the rewards and other benefits set out in the table below (subject to the expiry dates of the rewards and benefits in the table below). The rewards and other benefits set out in such table may be amended, varied or withdrawn by Animates from time to time for any reason in accordance with clause 3.3.

Rewards and Benefits

Member

(0-99 points)

Bronze

(100-349 points)

Silver

(350-999 points)

Gold

(1000+ points)

Platinum

(invitation only)

One Animates Petpoints anniversary voucher issued per member account every 12 months. Animates Petpoints anniversary voucher issued on date member joined Animates Petpoints programme. Valid for 3 months from issue date. Redeemable in store and online.
 

No

$5

$10

$30

$50

Free DIY Dog Washes. Valid for 12 months from date of entry to relevant Member Tier.

No

No

1

2

3

Animates Grooming Services voucher. Must be used in one visit. Valid for 6months from date of entry to relevant member tier. Bookings are essential and redeemable by appointment only on full-service groom, either online or in salon. Redeemed at the Animates checkout, with receipt presented to groomer. If no valid coupon is available on customers account, customer will be liable for full cost of grooming service and not applicable for ($20) discount voucher.

No

No

 

1

1

1

Free Weight & nutrition check with nurse (RRP$35). Valid for a single use only, for one pet, per household. Not for resale. Voucher cannot be used in conjunction with any other discount, promotion or offer. Voucher is valid for a weight and nutrition assessment performed by a qualified veterinary nurse and bookings are essential. Not to be used towards products, medications and/or food purchases. Only valid in Vetcare clinics. Voucher is non-refundable and cannot be redeemed for cash or credit. Offer valid for twelve months.

No

No

1

1

1

Free delivery when shopping online at www.animates.co.nz. Free delivery valid for deliveries within New Zealand on standard delivery items only. Excludes oversized items, including but not limited to: large aquariums, large bird cages, hutches, kennels, coops and large cat furniture. Oversized delivery charges will be applied to any large items (as determined by Animates in its sole discretion) in your order and reflected at checkout.

No

No

No

Yes

Yes

Vetcare Professional Services voucher must be used in one visit. Valid for 6 months from date of entry to relevant member tier. Bookings are essential and redeemable only at appointment. Redeemed at Animates check out, with invoice from Vetcare Clinic. If no valid voucher is available on customers account, customer will be liable for full cost of Vetcare services and not applicable for voucher discount.

No

No

No

$30

$50

7.2 Upon being upgraded to a higher Member Tier, being deemed as successfully maintaining your Membership in a particular Member Tier, or being downgraded to a lower Member Tier, you will be entitled to keep all rewards and benefits accumulated under the previous Member Tier subject to the expiry dates on those rewards and benefits, except for the following rewards and benefits accumulated under the previous Member Tier which will be forfeited and replaced with those due under the newly applicable Member Tier:

(a) $20 Animates Grooming services voucher;

(b) Complimentary weight and nutrition check; and

(c) Free delivery when shopping online.

7.3 Accumulated Petpoints and benefits and rewards are stored on your APP Loyalty Programme account.

7.4 APP Anniversary vouchers can only be used for one transaction and are valid for 3 months.  If the value of the transaction is less than the value of your APP anniversary voucher we are not obliged to give change.  If the value of the transaction exceeds the value of your APP Anniversary Voucher(s), you must pay the difference. 

7.5 Vetcare professional services vouchers can only be used for one transaction for the services listed in the table above.  If the value of the transaction is less than the value of your Vetcare professional services voucher we are not obliged to give change.  If the value of the transaction exceeds the value of your Vetcare professional services voucher, you must pay the difference. 

7.6 Rewards and benefits cannot be sold, transferred, assigned, exchanged for cash or redeemed on the purchase of gift vouchers.  Certain products may become ineligible for APP Anniversary Voucher redemption from time to time at our discretion.

7.7 Rewards and benefits cannot be redeemed in conjunction with any other offer unless otherwise indicated.

7.8 Only rewards or benefits from one APP account (be it an individual account or family account) can be redeemed per transaction.   

7.9 Rewards and benefits can only be redeemed once.

7.10 The currency in which Petpoints are earned is NZD.

7.11 Animates reserves the right to withdraw, cancel or vary any issued rewards at any time where such rewards were awarded in error or where such rewards were earned fraudulently.

 

8. Frequent Feeder Programme

8.1 Under the Frequent Feeder Programme, every qualifying product purchase of cat or dog food will tally towards your Frequent Feeder Balance.  Once your Frequent Feeder Balance has reached 10 qualifying product purchases of the same qualifying brand type and size of food (such qualifying brands to be determined by Animates from time to time in its sole discretion), you will be rewarded with your 11th bag free (‘Free Bag’ or ‘Free Bags’) and the Free Bag can be redeemed until the product is discontinued or removed from the APP Loyalty Programme or the Frequent Feeder Programme is terminated or otherwise removed from the APP Loyalty Programme.  Qualifying product purchases are grouped by type, size and brand. Free Bags are subject to availability and can be redeemed in-store only. 

8.2 Free Bag rewards are stored on your APP Loyalty Programme account and can only be redeemed the following day. Frequent Feeder Balances expire after 12 months.

 

9. Frequent Groomer Programme

9.1 Under the Frequent Groomer Programme, every full-service groom purchase will tally towards your Frequent Groomer Balance. Once your Frequent Groomer Balance has reached four full-service groom purchases, you will be rewarded with a Grooming Voucher worth $50.00 which can be redeemed on any full-service groom (Grooming Voucher). 

9.2 Grooming Vouchers are stored on your APP Loyalty Programme account and are valid for three (3) months from the date of issue.  Frequent Groomer Balances expire after 12 months.

9.3 Grooming Vouchers can only be used for one transaction.  If the value of the transaction is less than the value of your Grooming Voucher we are not obliged to give change.  If the value of the transaction exceeds the value of your Grooming Voucher, you must pay the difference. 

9.4 Only one $50.00 Grooming Voucher can be used per transaction.

 

10. Receiving Communications

10.1 By accepting these Terms and Conditions, you agree to receive electronic and postal communications from Animates from time to time regarding products and services which we think might be of interest to you.

10.2 You may opt out from specific or all subscriptions upon sign-up or at any time after sign-up by using the appropriate “unsubscribe” or “opt out” method or button within the relevant channel of communication sent to you (email or text) or by contacting our customer care team. 

10.3 Where you opt out from any or all communications from Animates, you agree that we may still contact you for matters relating to your Membership, account, pet, or other matters personal to you or for public announcements regarding potential risk to pets such as product recalls or health / illness outbreaks.

 

11. Returns and refunds

11.1 If, in accordance with the ‘Animates Return and Exchange policy’, you return a product on which you have earned APP or tally towards your Frequent Feeder Balance, the APP or Frequent Feeder Balance earned in that transaction will be deducted from your Membership and any rewards or benefits or Free Bags accumulated using such APP or Frequent Feeder Balance will be cancelled and may result in your Membership showing a negative balance. 

11.2 If, in accordance with any services refund policy maintained by Animates or a Vet at any time, you obtain a refund for a service provided by Animates or a Vet, the cost of which tallied towards your Petpoints Balance, the Petpoints earned in that transaction will be deducted from your Membership and any rewards or benefits accumulated using such Petpoints will be cancelled and may result in your Membership showing a negative balance.

11.3 If, in accordance with the “Grooming Policy”, you obtain a refund for a full-service groom that tallied towards your Frequent Groomer Balance, the Frequent Groomer Balance earned in that transaction will be deducted from your Membership and any Grooming Voucher issued as a result of that Frequent Groomer Balance earned will be cancelled.

11.4 If you return a product purchased in full or in part using an APP Anniversary Voucher, we will not provide a cash refund for the portion of the purchase price which was met using the APP Anniversary Voucher. Any portion of the purchase price paid using an APP Anniversary Voucher will be credited to your Membership account in the form of a new APP Anniversary Voucher corresponding to the amount paid by the APP Anniversary Voucher.

11.5 If you are entitled to a refund, in accordance with any services refund policy maintained by Animates or a Vet, for services paid for in full or in part using a Vetcare professional services voucher or a Grooming Voucher, we will not provide a cash refund for the portion of the price which was met using the Vetcare professional services voucher or Grooming Voucher (as the case may be) and instead that portion of the price which was met using the Vetcare professional services voucher or Grooming Voucher (as the case may be) will be credited to your membership account in the form of a new Vetcare professional services voucher or Grooming Voucher (as the case may be)  corresponding to the amount paid by the original Vetcare professional services voucher or Grooming Voucher (as the case may be).

 

12. Termination of Membership

12.1 You are free to leave the Loyalty Programme at any time. Should you wish to leave, you may contact us and ask to deactivate your account, following which your Membership will be terminated.  If you terminate your Membership, any accrued APP, rewards, Free Bags, Grooming Vouchers, Frequent Feeder Balances, Frequent Groomer Balances or other benefits accrued or offered pursuant to your Membership will be forfeited and void and you will have no further entitlements from the programme.

12.2 We may terminate your Membership where:

(a) We have reason to believe that any of the information provided in your application for Membership is incomplete or inaccurate;

(b) We have reason to believe that you have used or attempted to use your Membership for any dishonest or improper purpose or in breach of these terms and conditions; or

(c) You do not use your Membership for a period of 24 months or longer.

12.3 If we terminate your Membership under clause 12.2, all accrued APP, rewards, Free Bags, Grooming Vouchers, Frequent Feeder Balances, Frequent Groomer Balances or other benefits accrued or offered pursuant to your Membership will be forfeited and void and you will have no further entitlements from the programme.

12.4 We may terminate your Membership without cause if we intend to replace the APP Loyalty Programme with a new loyalty programme and we consider that termination of the full APP Loyalty Programme pursuant to clause 13.1 below is not appropriate (including, without limitation, where the new loyalty programme is being rolled out gradually by region or otherwise, which requires the termination of specific individual memberships before the termination of other individual memberships).

12.5 If we terminate your Membership under clause 12.4, you may use any rewards, Free Bags, Grooming Vouchers or other benefits on your account until they expire (except for any entitlement to free delivery when shopping online, which will terminate at the same time that your Membership is terminated).

 

13. Termination of APP Loyalty Programme

13.1 We reserve the right to terminate the APP Loyalty Programme in its entirety at any time. If the Loyalty Programme is terminated:

(a) We will give notice of termination of the APP Loyalty Programme on our Website; and

(b) You may use any rewards, Free Bags, Grooming Vouchers or other benefits on your account until they expire (except for any entitlement to free delivery when shopping online, which will terminate at the same time that the APP Loyalty Programme is terminated).

13.2 Where our business is sold, we reserve the right to transfer the APP Loyalty Programme (and your Membership) to the purchaser of our business, and you consent to the disclosure of information about your Membership to the purchaser for those purposes.

 

14. Liability

14.1 Except for any liability that cannot be excluded by law, Animates (including its officers, employees and agents) excludes all liability (including negligence) for loss or damage; whether direct, indirect, special or consequential, arising in any way out of the APP Loyalty Programme or any Membership associated with the Loyalty Programme, including but not limited to, where arising out of:

(a) any technical difficulties, network failures, virus or equipment malfunction (whether or not under our control);

(b) any loss, theft, unauthorised access or third-party interference with or of APP, rewards and benefits, Grooming Vouchers, Frequent Groomer Balances, Frequent Feeder Balances, Free Bags or the Membership itself;

(c) any APP, rewards and benefits, Grooming Vouchers, Frequent Groomer Balances, Frequent Feeder Balances or Free Bags that are not properly recorded against a member’s account;

(d) participation in, or termination of, the APP Loyalty Programme.

 

15. Privacy

15.1 Your personal information is collected to enable us to provide you with the benefits of the APP Loyalty Programme, and to assist us in understanding your purchasing preferences so that we can offer products and services suited to your needs. All personal information provided by you will be held by Animates, in accordance with its obligations under the Privacy Act 1993 and Animates Privacy Policy. Animates Privacy Policy is available on the websiteYou can contact us at customerservice@animates.co.nz or on 0800 Animates if you would like to access and/or seek correction of your personal information. Your personal information will not be sold to third parties.

16. Governing Law

16.1 These Terms and Conditions are governed by, and construed in accordance with, the laws of New Zealand.  The parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand with respect to any legal action, suit or proceeding or any other matter arising out of or in connection with these Terms.  Each party irrevocably waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been bought in an inconvenient forum, where that venue falls within this clause.