Terms and Conditions of CARTERS Advantage
2. Membership of Advantage is only open to customers of CARTERS who are offered and complete a CARTERS Advantage Partnership Agreement and are accepted into the Advantage programme by CARTERS. Only customers who are operating in trade are eligible to be accepted into the Advantage programme. Points will be earned on all payments by qualifying members (defined below) on and after the ‘Agreement Date’ stipulated on the completed CARTERS Advantage Partnership Agreement.
3. CARTERS Advantage members will have points awarded under the Advantage programme. No points will be awarded under the Advantage programme until a CARTERS Advantage Partnership Agreement is signed, accepted and activated via the CARTERS Advantage Website. A CARTERS representative will confirm a customer’s membership status on request. Advantage points may not be transferred from any previous Advantage programme or other promotion.
4. Each Advantage point has a life of 3 years from the date on which the point is recorded on the member’s Advantage account, subject to the other terms of the Advantage programme.
5. Points are earned at the rate of 5 points per $100 (excl GST) of goods purchased and paid for through a customer’s account in accordance with any agreed terms of trade that apply to the customer’s account and CARTERS Standard Terms and Conditions of Sale.
6. Points will not be earned if payment for any goods is not made in accordance with the trading terms that are in place between the customer and CARTERS or if a customer is otherwise not complying with the CARTERS Standard Terms and Conditions of Sale. A customer’s right to earn and redeem points is automatically suspended whilst the customer is in default under their account or the CARTERS Standard Terms and Conditions of Sale.
7. Points may only be redeemed for rewards once a customer has achieved a minimum of 1,250 points after joining the Advantage programme. 1,250 points represents payments to CARTERS for goods to the value of $25,000 (excl GST).
8. Membership of the CARTERS Advantage programme may be terminated at CARTERS sole discretion if a member does not achieve 1,250 Advantage points during each recurring period of 12 months from the ‘Agreement Date’ stipulated on the completed CARTERS Advantage Partnership Agreement. Any balance of points on a customer’s Advantage account at the time of termination may only be redeemed within 3 months from the date of termination and if not redeemed within such period are otherwise forfeited.
9. Points will not accrue if payments are made outside the agreed trading terms without the prior written approval of CARTERS. CARTERS’ decision will be final in this regard. CARTERS reserves the right to deduct points incorrectly awarded.
10. Rewards are to be selected and redeemed from the CARTERS Advantage Rewards Website at www.cartersadvantage.co.nz or the CARTERS Advantage Rewards Catalogue. Customers may also request the sourcing of rewards through CARTERS Advantage on 0800 POINTS (0800 764 687) although the sourcing of any rewards in this manner will be at CARTERS’ sole discretion.
11. In no circumstances may points be redeemed for cash, cash rebates or vouchers of any kind (and no cash payments or provision of cash rebates or vouchers will be made for any unused points). Points may not be used to acquire second-hand goods, land buildings or other real property, or goods or services for use or sale by a customer in the course of their business activities or for any illegal purpose. Points may not be used to arrange or facilitate the payment of any debts owing by the customer or any related person or entity.
12. Where there is a shortfall in the points required to purchase a reward, then provided the member has a minimum of 50% of the total points required to claim the reward, a cash payment as determined by CARTERS may also be made by the customer to complete the purchase.
13. Please allow 10 working days from submission of a fully completed Rewards Claim Form for processing to be completed. In the event of a reward being out of stock CARTERS will advise expected delivery dates or a replacement reward can be chosen. CARTERS reserves the right to substitute another reward of equivalent specification in the event the rewards illustrated in the catalogue or on the website become unavailable.
14. Where bookings are made for conference venues, any withdrawal by a customer from these arrangements will result in the deduction of points necessary to reimburse CARTERS for any costs incurred.
15. Rewards shall only be claimable by the customer named on the Advantage account or person formally nominated by them. Acceptance of claims for rewards will be at CARTERS’ sole discretion. Advantage points may not be sold, transferred or assigned between CARTERS Advantage members or by members to any other person.
16. The Advantage programme is not available to employees of CARTERS or their immediate families nor any contractors of CARTERS or their employees.
17. CARTERS does not accept and expressly excludes any liability regarding the goods or services obtained under the Advantage programme. By participating in the Advantage programme, each customer acknowledges that they are contracting directly with the relevant supplier for the purchase of the reward with points and any recourse in respect of the goods or services received shall solely be to that supplier. All conditions and warranties, whether express or implied and whether arising under legislation or otherwise, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under the Advantage programme are expressly excluded to the full extent permitted by law. Notwithstanding the above, any liability CARTERS may have to a member under legislation in respect of the goods and services received under the Advantage programme which cannot be excluded is limited, where permitted, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at CARTERS option.
18. CARTERS and the customer agree for the purposes of section 5D of the Fair Trading Act 1986 that they are contracting out of sections 9, 12A and 13 of the Fair Trading Act 1986 in respect of all matters relating to the CARTERS Advantage programme.
19. Execution of the CARTERS Advantage Partnership Agreement is deemed acceptance of these terms, as may be amended from time to time in accordance with these terms.
20. Any additional costs or expenses associated with rewards or claiming rewards are the customer’s responsibility.
21. Any tax liabilities (for income tax or otherwise) which may arise to a customer as a consequence of participation in the Advantage programme (including the claiming or receipt of points or rewards under the programme) are the responsibility of the customer. CARTERS does not accept and expressly excludes any liability for such taxes. CARTERS makes no representation and offers no legal or accounting advice to customers in relation to the tax consequences of participation in the Advantage programme or the claiming, receipt or use of points or rewards under the programme. Customers should speak to their tax advisors in relation to those matters.
22. CARTERS may terminate or suspend a customer’s membership of the Advantage programme at any time without notice in circumstances where a customer:
(a) Fails to comply with these Advantage terms or CARTERS Standard Terms and Conditions of Sale or the spirit of these terms; or
(b) Supplies any misleading information or makes any misrepresentations to CARTERS or to any participating company connected with the Advantage programme; or
(c) Dies or becomes bankrupt; or
(d) Is placed into liquidation or receivership.
Points accrued under the Advantage programme by a customer who has had their membership terminated for any of the above reasons may be forfeited at the sole discretion of CARTERS.
CARTERS may suspend or terminate the CARTERS Advantage programme by providing customers with at least three months written notice of such suspension or termination.
23. CARTERS may deduct from a customer’s Advantage points record:
(a) Any points recorded in error; or
(b) Any points relating to a payment that is cancelled or where a refund is given in respect of a payment previously made by the customer, where such payment has generated Advantage points for the customer; or
(c) Any points which are not used by a customer to claim a reward within 3 years after the date on which the points were recorded on the member’s Advantage account. These points will expire and be deducted from the points balance in a member’s points record.
24. Advantage group travel is a special benefit offered to existing customers who CARTERS deem at its sole discretion are loyal to CARTERS. Membership in the Advantage programme does not automatically entitle a customer to participate in Advantage group travel. CARTERS reserves the right at any time without notice to decline awarding of Advantage travel to a customer or to revoke an Advantage group travel reward to any customer.
25. In the event of the sale of the CARTERS business or a substantial portion thereof, CARTERS shall be entitles to novate these terms to the purchasor of the CARTERS business automatically upon the completion of such sale and the customer agrees to such novation.
26. CARTERS reserves the right to amend any of these terms, including the awarding of points at any time. CARTERS will provide written notice of any material changes that may detrimentally affect members. Any change will take effect from the date on which CARTERS publishes the revised Advantage terms on the CARTERS Advantage website (www.cartersadvantage.co.nz).
27. Personal information about customers will be collected by CARTERS and associated companies who manage the Advantage programme and held at 64-68 Harris Road, East Tamaki, Manukau 2241. This information will be used by CARTERS and the associated companies for marketing purposes, planning and research. Members may, under the provisions of the Privacy Act 1993, request access to and correction of their personal information in writing to the above address to the attention of the Legal Counsel.
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