Terms and conditions

 

Fly Buys membership terms and conditions

  1. Membership
  2. Collecting Points
  3. Claiming a Reward
  4. Deduction of Points
  5. Personal Information
  6. General
  7. Competitions and Promotions
  8. Correct Information
  9. Points + Cash

 

1. Membership

Membership of the Fly Buys programme is free.

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

Members will be issued with a membership card. A Member may free of charge apply for a secondary card for use by any person. Fly Buys may refuse an application for membership or for a secondary card. Fly Buys may charge a reasonable fee for a replacement card.

By using, or permitting a secondary cardholder to use, his or her membership card or membership number the Member and secondary cardholder will each be taken to:

  • have affirmed his or her agreement to be bound by these Terms and Conditions as varied from time to time; and
  • have given the consents in section 5. A Member must notify Fly Buys immediately of any change of address or of a lost or stolen membership or secondary card.

Fly Buys may terminate a membership of the Fly Buys programme, without notice and for any reason, including if the Member or secondary cardholder:

  • fails to comply with these Terms and Conditions; or
  • supplies any misleading information or makes any misrepresentations to Fly Buys or to any participating company in connection with the Fly Buys programme; or
  • abuses any privilege accorded to the Member or secondary cardholder under the Fly Buys programme, including by fraudulently using his or her membership card or membership number; or
  • dies or becomes bankrupt.

A Member may at any time terminate his or her membership or cancel a secondary card by giving written notice to Fly Buys. Any tax arising from a Member's participation in the Fly Buys programme is the responsibility of the Member.

 

2. Collecting Points

Points will be recorded in a Member's points record for purchases by the Member, or a secondary cardholder, of qualifying goods or services from a participating company. Points may also be recorded in a Member's points record in relation to promotional offers and incentive programmes.

Fly Buys and the participating companies will from time to time determine which goods or services are qualifying goods and services, the number of points that will be recorded in a Member's points record for such purchases and any terms and conditions that apply to the collection of points.

A Member or secondary cardholder must, in order to receive points, notify the participating retailer and/or Fly Buys before the transaction is concluded that the transaction is a Fly Buys transaction. This may be done by presenting the relevant membership card or secondary card or by quoting or otherwise providing the membership number to which the card relates. This also applies to purchases made using participating credit cards and other payment cards that have been linked to a Fly Buys membership, including payment cards linked to a Fly Buys card to “AutoEarn” Fly Buys points.

Points will be recorded in the Member's points record only after the participating company has notified Fly Buys of the details of the relevant transaction.

Points collected for spend on a credit card will be recorded after the time of processing the next credit card statement.

Fly Buys will from time to time forward a Points Summary to selected Members setting out the opening points balance, points recorded and deducted during the period and the closing points balance.

Disputes about the Points Summary must be notified to Fly Buys by the date (if any) specified in the relevant Points Summary. The Points Summary will otherwise be taken to be correct and binding on the Member. Fly Buys' decision on any such dispute is final and binding.

Fly Buys will not record points given by companies for purchases made after they have ceased to be participants in the Fly Buys programme.

 

 

3. Claiming a reward

A Member who has sufficient points in his or her points record may request a reward from the then current collection of rewards made available by Fly Buys. Requests must be made by the Member personally, or by a secondary cardholder authorised by the relevant Member, in a way specified by Fly Buys from time to time. The number of points required to claim a reward is subject to change without notice. All rewards are subject to availability. Rewards will, at Fly Buys' option, be posted or delivered to the current address of the Member shown in Fly Buys' records or made available for collection at a location notified to the Member. If Fly Buys agrees to replace a lost or stolen reward voucher, the Member shall comply with such conditions as Fly Buys imposes.

All rewards are subject to such other terms and conditions as are mentioned at the Fly Buys website, on the reward voucher or other confirmation, or in any other terms and conditions relating to the reward determined by the reward provider including on any ticket for airline travel. It is the Member's responsibility to satisfy any terms and conditions imposed by an airline or other reward provider including advance booking requirements and any restrictions on and/or fees payable in respect of the cancellation or alteration of tickets. A member cannot claim a reward using Points recorded in the Member's point record that the Member knows, or ought to know, have been recorded in error or as a result of fraud. If, in Fly Buys' opinion, a member claims a reward using Points that the Member knew, or ought to have known, were recorded against the Member's points record in error or as a result of fraud, the Member will promptly return the reward to Fly Buys in its original condition or will promptly reimburse Fly Buys for the cost of the reward. A Fly Buys certificate as to a Member's entitlement to claim a reward shall be conclusive in the absence of manifest error.

Fly Buys may suspend a Member or authorised secondary cardholder's ability to claim a reward, without notice and for such period of time as Fly Buys considers appropriate, if Fly Buys considers on reasonable grounds that points may have been collected by that Member as a result of fraud by that Member or any of their secondary cardholders in relation to a participating company.

 

4. Deduction of points

The number of points published by Fly Buys for redemption of a reward claimed will be deducted from the points balance of the Member's points record, with the oldest points being deducted first. Fly Buys may also deduct from the points balance in a Member's points record:

  • any points recorded in error (including where points have been recorded as a result of a Member or secondary cardholder being involved in fraudulent activities or where points have been recorded in a Member's points record but there has been no corresponding purchase of qualifying goods and/or services); and
  • any points relating to a transaction which is cancelled or where a refund is given; and
  • any points which are not used by a Member to claim a reward within 36 months after the end of the month in which the points were recorded. These will expire and be deducted from the points balance in a Member's points record.

 

5. Personal information

The Fly Buys Privacy Statement describes the types of information collected and held by Fly Buys about members and secondary cardholders.

Each member and secondary cardholder consents to the collection and use of their personal information as set out in the Privacy Statement.

 

6. General

Membership cards and secondary cards are not transferable and (with the exception of Co Branded Cards) are the property of Fly Buys.

Points, and any rights they confer, cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions or as otherwise agreed between Fly Buys and the relevant Member. Points have no cash or monetary value.

Fly Buys may change, at any time and without prior notice, these Terms and Conditions, the rewards available to Members and/or the participating companies. Fly Buys may make that change even if it has the effect of reducing or extinguishing the number or value of, or the period for expiry of, any existing or future points. The current version of these terms and conditions will be maintained on the Fly Buys website. Fly Buys is not obligated to notify you of any changes. Fly Buys recommends that you review this website from time to time for changes.

Fly Buys may also change, at any time and without prior notice, the goods and services which are qualifying goods and services and/or the points collection rate applicable to the purchase of goods and services.

Fly Buys reserves the right to suspend or terminate the Fly Buys programme at any time without prior notice.

Fly Buys is not liable for:

  • any delay in replacing a membership card or for any unauthorised use of a membership or secondary card;
  • any failure of a Member or secondary cardholder to notify a participating company that a transaction is a Fly Buys transaction;
  • any delay by or failure of any participating company to notify Fly Buys of the details of a transaction;
  • any loss, theft or damage to any reward in the course of post or delivery;
  • any reward not being available for any reason;
  • any failure by the reward provider to meet the terms and conditions on which it has agreed to provide a reward;
  • any failure to notify Members of any changes in these Terms and Conditions, the rewards available to Members, participating companies, qualifying goods and services and/or the number of points which will be recorded for the purchase of qualifying goods and services;
  • the suspension and/or termination of the Fly Buys programme.

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 Fly Buys programme are expressly excluded to the full extent permitted by law.

Any liability Fly Buys may have to a Member under legislation in respect of such goods and services 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 Fly Buys' option.

Fly Buys provides the Fly Buys programme for participating companies and each exclusion or limitation of liability in these Terms and Conditions also applies to each of those participating companies and their employees and agents.

Participating companies do not have any authority, express or implied, to make any representation, warranty or statement on behalf of Fly Buys.

A notice shall be deemed to be given by Fly Buys to a member if it is posted or emailed to the address of the Member appearing in the Fly Buys records.

These Fly Buys Membership Terms and Conditions also apply to the Fly Buys for Business programme except as otherwise determined by Fly Buys from time to time.

In these Terms and Conditions:

  • "Co Branded Card" means a card that may be used to collect points for purchases of qualifying goods or services from a participating company that is co branded with a Fly Buys programme identifier;
  • "Co Branded Cardholder" means an individual who has used a Co Branded Card at a participating company;
  • "Fly Buys" means Loyalty New Zealand Limited;
  • "Fly Buys programme" means those arrangements by which a member receives points by purchasing qualifying goods and services from participating companies;
  • "Member" means an individual, being a holder of a membership card, who has a points record established by Fly Buys in the name of that individual;
  • "membership card" means a card that may be used to collect points for purchases of qualifying goods or services from a participating company;
  • "secondary cardholder", in relation to a Member, means an individual who holds a secondary membership card for use in relation to that Member's Fly Buys account;
  • references to "participating companies" are to those companies (and other persons) who supply qualifying goods and services in respect of which points will be credited under the Fly Buys programme, including any business participating in the AutoEarn Fly Buys network from time to time

 

 

7. Competitions and promotions

From time to time, Fly Buys and/or participating companies run competitions and promotions open to Members and secondary cardholders (in each case, a "Promotion"). The following terms apply to each Promotion unless specified otherwise and in addition to any other terms and conditions published in respect of the Promotion:

  • These Terms and Conditions apply to the Promotion;
  • Secondary cardholders are eligible to enter the Promotion. Entries by secondary cardholders will be recorded against the Member's Fly Buys account and any prizes won will be awarded to the Member;
  • Prizes cannot be transferred or exchanged for cash;
  • Winners agree to the use of their name, place of residence, image and photograph(s), by Fly Buys 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 Fly Buys, 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 collection or redemption of Fly Buys Points constitutes entry by a member or a secondary cardholder (including on behalf of the member) into the Promotion, the use of the membership card or the collection or redemption of Fly Buys Points during the Promotion constitutes acceptance of all terms and conditions.

 

8. Correct information

In completing an application, you must supply your correct name and address. Using a false name or another person's name (whether or not paired with a genuine address) may be fraudulent. Fly Buys reserves the right to notify law enforcement agencies and to pursue any remedies that may be available in the case of improper use of Fly Buys' website and other systems.

 

9. Points + Cash

Points + Cash allows you to request certain rewards by using a combination of Fly Buys points and paying an amount on your credit or debit card.

  • Points + Cash is only available for selected online redemptions. We may change the rewards available to redeem using Points + Cash from time to time without prior notice.
  • We may set or change the minimum number of points or payment amounts required through Points + Cash from time to time without prior notice.
  • When you use Points + Cash, the selected number of points for redemption of a reward will be deducted from the points balance in your account, and payment will be taken from the credit or debit card provided.
  • You do not earn points on the payment portion, unless you use a qualifying Fly Buys earning BNZ Advantage credit card to pay for a part of a selected reward, in which case you will also earn points at the applicable rate.
  • Once a reward is redeemed, it cannot be cancelled, returned or exchanged because you have changed your mind.
  • If the reward you have ordered using Points + Cash is defective or damaged, it may be replaced, or in some cases a refund offered. If a refund is provided we will credit the relevant number of points and payment amount back to the accounts they came from.
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