Flybuys Membership Terms and Conditions

A. These are the terms and conditions that govern the Flybuys Programme (Terms). The Flybuys Programme is offered to Flybuys Members. By using your Membership Card or Membership Number you agree to be bound by these Terms.

B. The Flybuys Programme is run by Loyalty New Zealand Limited.

C. Below you will find important information relating to:

 

1. Definitions

In these Terms:

  • Account Owner” means the Member who is the owner of a Flybuys Account as determined by Loyalty NZ;
  • "Co-Branded Card" means a card that may be used to collect Flybuys for Qualifying Purchases or Actions that has dual branding for Flybuys and that of another Participating Company;
  • "Flybuys" means the unit in which rewards are earned before being converted into a Reward Currency;
  • Flybuys Account” means the account that your Membership Number is attached to, and where your Flybuys and Reward Currency activity is managed.
  • Flybuys Points” means the Reward Currency that Members can spend in the Flybuys Store and such other places as notified by Loyalty NZ from time to time;
  • "Flybuys Programme" means those arrangements by which a Member may receive Flybuys and/or other Member benefits when completing a Qualifying Purchase or Action with a Participating Company;
  • Flybuys Store” means the store at the Flybuys Website at which Flybuys Points can be spent;
  • Flybuys Website” means www.flybuys.co.nz;
  • Loyalty NZ” or “we” means Loyalty New Zealand Limited, the company that manages the Flybuys Programme;
  • "Member" or “you” means an individual, being a holder of a Membership Card and/or Membership Number, who has agreed, or is otherwise deemed in accordance with these Terms and Conditions, to be bound by these Terms and Conditions;
  • "Membership Card" means a card (physical or digital) with a Membership Number that may be used to collect Flybuys for Qualifying Purchases or Actions with a Participating Company;
  • Membership Number” means a unique Flybuys Membership identifier associated with a Member;
  • "Participating Companies" means those businesses who offer Flybuys and/or other Member benefits for Qualifying Purchases or Actions under the Flybuys Programme;
  • Qualifying Purchases or Actions” means the purchase of goods and/or services or other actions that are notified on the Flybuys Website (or otherwise notified to Members) as being eligible for Flybuys earn from the relevant Participating Company;
  • Reward Currency” means each reward currency made available by Loyalty NZ as a Flybuys currency choice from time to time that, subject to that currency’s terms and conditions, Flybuys may be converted into; and
  • "Secondary Member", means a Member who holds a membership that is linked to an Account Owner’s Flybuys Account.

 

2. Membership

2.1. Membership of the Flybuys Programme is free.

2.2. Only individuals may be Members. Any individual who wishes to be a Member must agree to be bound by these Terms, as varied from time to time.

2.3. Members will be issued with a Membership Number. Loyalty NZ may refuse an application for membership.

2.4. By using a Membership Card or Membership Number or otherwise accepting these Terms you will be taken to have:   

  • agreed to be bound by these Terms as varied from time to time; and
  • given the consents to the collection and use of your personal information, in accordance with the Privacy Statement.

2.5. Loyalty NZ may terminate your membership of the Flybuys Programme if you:

  • fail to comply with these Terms; or
  • supply any misleading information or make any misrepresentation to us or to any Participating Company in connection with the Flybuys Programme; or
  • abuse any privilege accorded to you under the Flybuys Programme, including by fraudulently using your Membership Card or Membership Number.

2.6. You may terminate your membership at any time by giving written notice to Loyalty NZ or by contacting the Flybuys Service Centre.

2.7. Any tax arising from your participation in the Flybuys Programme is your responsibility.

 

3. Account Owners and Secondary Members

3.1. There can be multiple Members on a Flybuys Account. One Member will be the Account Owner, and any additional Members on the Flybuys Account will be Secondary Members.

3.2. Account Owners:

  • own the balance of any Flybuys earned against the Flybuys Account;
  • can request that Secondary Members be added to their Flybuys Account, and request that they be removed;
  • can select the Reward Currency for their Flybuys Account.

3.3. Secondary Members:

  • may only redeem the Reward Currency selected (or deemed to have been selected) by the Account Owner if permitted to, or delegated that right, under that currency’s terms and conditions);
  • do not own any Flybuys earned against the Flybuys Account

 

4. Earning Flybuys

4.1. You can earn Flybuys by making a Qualifying Purchase or Action with a Participating Company. Flybuys may also be earned in relation to promotional offers and incentive programmes.

4.2. We will from time to time determine which purchases or actions are Qualifying Purchases or Actions, the number of Flybuys that will be recorded in a Member's Flybuys Account for such purchases or actions and any terms and conditions that apply to the collection of Flybuys or other Member benefits.

4.3. In order to receive Flybuys for a Qualifying Purchase or Action, you must present your Flybuys Membership Card or provide your Membership Number prior to or at the time of the relevant Qualifying Purchase or Action.

4.4. Flybuys will be recorded in your Flybuys Account only after the Participating Company has notified Loyalty NZ of the details of the relevant purchase or other action.

4.5. Flybuys earned for spend on a credit card will be recorded after the time of processing the next credit card statement.

4.6. Flybuys expire 36 months after the end of the month in which they were credited to your Flybuys Account.

4.7. Loyalty NZ will not record Flybuys for any Qualifying Purchase or Action with a company where the transaction date is after it has ceased to be a Participating Company.

 

5. Conversion of Flybuys into Reward Currency

5.1. Flybuys credited to your Flybuys Account will be converted into the active Reward Currency when the stated conversion threshold for that Reward Currency has been reached.

5.2. Only an Account Owner may select the Reward Currency.

5.3. If you are the Account Owner, you may change your Flybuys Account’s selected Reward Currency at any time by logging into your Flybuys Account on the Flybuys Website or by calling the Flybuys Service Centre.

5.4. The default Reward Currency is Flybuys Points. If a Reward Currency is not selected by the Account Owner, the Account Owner will be deemed to have selected Flybuys Points as the Reward Currency, and Flybuys will automatically be converted into Flybuys Points (1 Flybuys = 1 Flybuys Point).

5.5. Subject to section 5.4, only Flybuys processed once a Reward Currency selection has been made will be able to be converted into the selected Reward Currency. Once Flybuys have been converted into a Reward Currency, they cannot be changed back to Flybuys or converted into another Reward Currency.

 

6. Reward Currencies

6.1. The terms and conditions, including conversion rate, expiry period, and Member rights to spend for each Reward Currency vary and are set out in the terms and conditions for each Reward Currency, available here.

 

7. Deduction of Flybuys

7.1. We may deduct from your Flybuys Account:

  • any Flybuys recorded in error (including where Flybuys have been recorded as a result of you or another Member on your Flybuys Account, being involved in fraudulent activities or where Flybuys have been recorded in your Flybuys Account but there has been no corresponding Qualifying Purchase or Action); and
  • any Flybuys relating to a transaction which is cancelled or where a refund is given; and
  • any Flybuys which have expired.

7.2. The individual Reward Currency Terms and Conditions apply for any deductions that may be made once Flybuys have been converted into your selected Reward Currency.

 

8. Other Member benefits

8.1. From time to time, Loyalty NZ may offer exclusive Member benefits, including but not limited to, deals, discounts or Flybuys offers. Individual terms and conditions will apply for each offer and these will be available to be viewed on or via the Flybuys Website.

 

9. Privacy

9.1. Your privacy is very important to us. Our Privacy Statement describes the types of information collected and held by us about you and how that information is used.

9.2. By using your Flybuys Membership Card or Membership Number or otherwise accepting these Terms, you consent to the collection and use of your personal information as set out in the Privacy Statement.

 

10. General

10.1. Membership Numbers and Membership Cards are not transferable and (with the exception of Co-Branded Cards) are the property of Loyalty NZ.

10.2. Flybuys, Reward Currencies and any rights they confer, cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms or as otherwise agreed between us. Flybuys and Flybuys Points have no cash or monetary value.

10.3. We reserve the right to change these Terms, the Reward Currency Terms & Conditions, and the Privacy Statement at our discretion. We will give you notice of any changes that we deem to be material, via the Flybuys Website and/or direct communications with you. The current version of these Terms, the Reward Currency Terms & Conditions, and the Privacy Statement will be maintained on the Flybuys Website. We recommend that you review the Flybuys Website from time to time for changes. Continued use of your Membership Card or Membership Number will be deemed acceptance of such changes.

10.4. We may also change, at any time and without prior notice, the Reward Currencies, conversion rates or other rewards or benefits available to Members and/or the Participating Companies, the purchases or actions which will be Qualifying Purchases or Actions and/or the relevant collection rate that will apply to a Qualifying Purchase or Action.

10.5. We may suspend your ability to claim a reward (via redemption of Flybuys Points or the ability to convert into a selected Reward Currency), without notice and for such period as we consider appropriate, if we consider on reasonable grounds that Flybuys may have been collected by you, or another Member on your Flybuys Account, as a result of fraud to Loyalty NZ or a Participating Company.

10.6. We reserve the right to suspend or terminate the Flybuys Programme for any reason. Where we decide to terminate the Flybuys Programme, we will give you reasonable notice via the Flybuys Website and/or direct communication with you, to let you know how this will affect you.

10.7. Loyalty NZ is not liable for:

  • any delay in replacing a Membership Card or for any unauthorised use of a Membership Card or Membership Number;
  • any failure of a Member to notify a Participating Company that a transaction is a Flybuys transaction;
  • any delay by or failure of any Participating Company to notify Loyalty NZ of the details of a transaction;
  • any failure to notify Members of any changes in these Terms, the Reward Currencies or other rewards or benefits available to Members, Participating Companies, Qualifying Purchases or Actions and/or the number of Flybuys which will be recorded for the Qualifying Purchase or Action;
  • the suspension and/or termination of the Flybuys Programme;
  • any delay in conversion from Flybuys to a selected Reward Currency;
  • any loss of Flybuys due to your failure to adequately secure your Flybuys Account login details from unauthorised access; or
  • any failure of any Participating Company to honour an advertised offer.

10.8. 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 Flybuys Programme are expressly excluded to the full extent permitted by law. For the avoidance of doubt, certain legislation including the Consumer Guarantees Act 1993 and Fair Trading Act 1986 may imply warranties or conditions or impose other obligations including statutory consumer guarantees which cannot by law be excluded, restricted or modified. Nothing in these Terms is intended to limit your rights under the Consumer Guarantees Act or Fair Trading Act.

10.9. Loyalty NZ provides the Flybuys Programme for Participating Companies and each exclusion or limitation of liability in these Terms also applies to each of those Participating Companies and their employees and agents.

10.10. Participating Companies do not have any authority, express or implied, to make any representation, warranty or statement on behalf of Loyalty NZ.

10.11. “FLYBUYS” and the F device are registered trademarks of Loyalty NZ. All rights reserved.

 

11. Competitions and promotions

11.1. From time to time, Loyalty NZ and/or Participating Companies run competitions and promotions open to Members (in each case, a "Promotion").

11.2. The following terms apply to each Promotion unless specified otherwise in, and in addition to, any other terms and conditions published in respect of the Promotion:

  • The Flybuys Membership Terms apply to the Promotion;
  • All Members are eligible to enter the Promotion. Entries by Secondary Members will be recorded against the Account Owner's Flybuys Account and any prizes won will be awarded to the Account Owner;
  • Prizes cannot be transferred or exchanged for cash;
  • Winners agree to the use of their name, place of residence, image and photograph(s), by Loyalty NZ and/or the Participating Company running the Promotion (each a "Promoter"), for publicity and promotional purposes, without compensation, and agree to make themselves reasonably available for publicity photographs and filming. The Promoter will own copyright in any such images and photograph(s) and in all material incorporating the photograph(s) or film;
  • If for any reason a Promotion is not capable of running as planned, whether caused by infection by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion;
  • Neither Loyalty NZ, the Promoter, nor any other person or party associated with the Promotion shall be liable for any loss or damage whatsoever suffered (including but not limited to indirect or consequential loss and including loss caused by negligence) or personal injury suffered or sustained in connection with either participation in the Promotion or the use of any prize offered, except for any liability which cannot be excluded by law;
  • The Promoter's decision in relation to any aspects of the Promotion is final and binding on every person who enters, and no correspondence will be entered into; and
  • Where use of a Membership Card or Membership Number or collection or redemption of Flybuys or a Reward Currency constitutes entry by a Member into the Promotion, the use of the Membership Card or Membership Number or the collection or redemption of Flybuys or such Reward Currency during the Promotion constitutes acceptance of all terms and conditions.
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