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ZUMO CARD AND ZUMO MEMBER KIOSK

TERMS AND CONDITIONS OF USE

ZUMO Coffee Company and/or its related companies (“ZUMO”) own and operate one or more Member Kiosks (“Member Kiosk”).  By using your ZUMO Card (either as a traditional card or virtually) and/or a Member Kiosk you agree to these terms and conditions (“Terms”) and you attest that you are at least 18 years of age. THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.  If you do not agree to these Terms, do not use a ZUMO Card or the Member Kiosk. If you have any questions about your ZUMO Card or a Member Kiosk, email accounts@zumo.co.nz, call 03 548 7405, or write to ZUMO, 42 Rutherford Street, Nelson, 7010.

 

SATISFACTION GUARANTEE. When you shop with ZUMO online or through our retail outlets, we want you to be completely satisfied. If for any reason you are dissatisfied with your purchase from ZUMO, you may return it for a replacement or refund of the purchase price.

 

PERSONAL USE. Your use of the materials included on a Member Kiosk is for personal, informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of a Member Kiosk in any way. You agree to indemnify, defend and hold harmless ZUMO for any and all unauthorised uses you may make of any material on a Member Kiosk. You acknowledge the unauthorised use of the contents could cause irreparable harm to ZUMO and that in the event of an unauthorised use, ZUMO shall be entitled to an injunction in addition to any other remedies available at law or in equity.

 

FEEDBACK AND SUBMISSIONS. You agree you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

 

Additional terms and conditions apply to functionality provided through a Member Kiosk and are incorporated herein by reference. WHILE WE MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT ZUMO, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT ZUMO.

 

OWNERSHIP.  Your ZUMO Card remains the property of ZUMO.  You must not copy or reproduce your ZUMO Card and you must not interfere with the operation of the supporting systems.

 

COPYRIGHT AND TRADEMARK. Unless otherwise noted, all materials on a Member Kiosk are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by ZUMO or by other parties that have licensed their material to ZUMO. ZUMO marks on a Member Kiosk represent some of the marks currently owned or controlled in New Zealand and/or in one or more other countries by ZUMO. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all ZUMO worldwide proprietary ownership rights, and ZUMO may own or control other proprietary rights in one or more countries outside of New Zealand. You may not reproduce, redistribute or otherwise use any materials without the express written consent of ZUMO. All rights not expressly granted are reserved.

 

GENERAL PURPOSE.  Your ZUMO Card can be used as a Gift or Purchase Card to purchase products at ZUMO Coffee House.

 

INFORMATION.  Details of your ZUMO Card Balance will appear on your receipt each time you make a purchase using your ZUMO Card at ZUMO Coffee House.

 

LOST OR STOLEN CARDS.  ZUMO offers NO RECOURSE for unregistered ZUMO Cards.  You must visit the ZUMO Coffee House to properly and completely prepare and present a Lost ZUMO Card Form.  Proper proof of your identification (i.e. valid government issued picture ID) is required.  ZUMO will inactivate your registered ZUMO Card and prepare a new ZUMO Card on a commercially reasonable basis.  ZUMO accepts no liability for delay.  There is a fee for ZUMO Card replacement.  This fee is generally waived for ZUMO Gold, Silver, or Platinum members.

 

MODIFICATION OF TERMS.  ZUMO reserves the right to vary, suspend, modify or terminate these Terms at any time without prior notice. Any changes to these Terms will be posted at www.zumo.coffee/terms/member.

 

CANCELLATION.  ZUMO reserves the right to cancel your ZUMO Card at any time without prior notice. Where we cancel your ZUMO Card, any unused Balances are valid for three months from the date of cancellation, after which any unused Balances expire.  You can cancel your ZUMO Card by writing to 42 Rutherford Street, Nelson 7010. Where you cancel your ZUMO Card, any Balances will expire immediately.

 

LIMITATION OF LIABILITY.  To the extent permitted by law, we do not accept responsibility for, and we will not be liable for, any loss or damage suffered by you, however caused, in connection with or arising from your ZUMO Card or use of a Member Kiosk, including but not limited to:

 

ANY ERRORS DIRECTLY OR INDIRECTLY CREATED AND/OR INTRODUCED BY YOUR ACTIONS AND/OR INTERACTIONS WITH ZUMO SYSTEMS AND/OR ZUMO EMPLOYEES;
any delay in replacing your ZUMO Card;
any unauthorised use of your ZUMO Card;
any failure to credit you with a ZUMO Card balance;
any problems with or technical malfunction of the ZUMO Card, any telecommunications, networks, systems, or third-party providers;
any failure to notify you of any changes in these Terms; or
any failure to notify you of cancellation of your ZUMO Card.

 

You hereby irrevocably hold us harmless from all claims, suits, demands, actions, proceedings which you have or in the future may have against ZUMO, and shall indemnify and release us from all and any claims for damages or otherwise in the terms of, and in connection with or arising from your ZUMO Card and/or a Member Kiosk to the fullest extent permitted by law.

 

You acknowledge and agree that all decisions pertaining to ZUMO Card and/or Member Kiosk matters rest solely with ZUMO and our decision is final.

 

JURISDICTIONAL. Any dispute arising from these Terms shall be resolved exclusively in Wellington, New Zealand.

 

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 or in relation to your ZUMO Card and/or a Member Kiosk are expressly excluded to the fullest extent permitted by law. Any liability we may have to you 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.

 

You may have rights under the Consumer Guarantees Act 1993 which are not excluded or limited by anything set out in these Terms. Each exclusion or limitation of liability in these Terms applies to Allen Chambers Limited trading as ZUMO Coffee Company and its related companies (as defined in the Companies Act 1993), employees, and agents.