Esquires eclub Loyalty Card Program – Terms and Conditions

1. Definitions and Interpretation
   1. "Affiliate" means in relation to any person, any other person which directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, that first person. As used in this definition, ‘control’ (including with corresponding meanings, ‘controlled by’ and ‘under common control with’) shall mean possession, directly or indirectly, of power to direct or cause the direction of management or policies (whether through ownership interests or otherwise). To avoid doubt, Affiliate may also be used to refer to franchisees;
   2. "Application" means the application or registration submitted by You via the Esquires Website to become a Member of the Esquires eClub Loyalty Card Program;
   3.  "Benefits" means the services, products, discounts, offers, activities and events or arrangements offered or available to Members from time to time;
   4. "Credit" or "Credits" means the monetary value stored on Your Esquires eClub Loyalty Card that remains available to you (expressed in New Zealand Dollars) from time to time;
   5. "Esquires" means RFG NZ Limited, Trading As Esquires
   6.  "Esquires eClub Loyalty Card Program" means the loyalty rewards and prepaid cards program operated by Esquires and includes but is not limited to the Esquires eClub Loyalty Card;
   7.  "Esquires eClub Loyalty Card" means each membership card issued by Esquires to each Member and includes but is not limited to the Esquires eClub Loyalty Card;
   8. "Esquires Website" means www.esquirescoffee.co.nz or such other website as is nominated by Esquires from time to time in its absolute discretion.
   9. "Dollar" or "$" means New Zealand Dollars;
   10. "Eligible Transaction" means the purchase of any full priced “made in store” hot or cold beverage You make from selected Esquires stores when you use an approved payment (whether it is cash, cheque, credit card, EFTPOS or your prepaid Esquires eClub Loyalty Card) and You submit your registered Esquires eClub Loyalty Card at the time of purchase.
   11. "Member" or "Membership" means a member of the Esquires eclub Loyalty Card Program;
   12. "PIN" means the Personal Identification Number nominated by you when registering Your Esquires eClub Loyalty Card, which must be entered by You when using Your Esquires eClub Loyalty Card in relation to any transaction at participating Esquires outlets;
   13. "Points" means the points earned by You on Eligible Transactions in accordance with these terms and conditions;
   14. "You" or "Your" means the individual who submits an Application to become, or is, a Member of the Esquires eClub Loyalty Card Program.
2. Introduction
   1. . Esquires eClub Loyalty Card Program is promoted by, issued and remains the property of Esquires.
   2. This document sets out the Terms and Conditions of the Esquires eClub Loyalty Card Program provided by Esquires ("Terms and Conditions").
   3. . Your use of Your Esquires eClub Loyalty Card is deemed acceptance of the Terms and Conditions.
3. Membership
   1. To become a Member You must:
      1. collect your Esquires eClub Loyalty Card with the purchase of any food or drink
         item at select Esquires stores; and
      2. register your Esquires eClub Loyalty Card by visiting the Esquires Website and following the on-screen prompts to input all of the requested details, including a PIN, and completing the Application process.
   2. Esquires reserves the right to decline any Application for any reason in its sole and absolute discretion.
   3. Points will not commence or accrue until Your Application is approved and accepted by Esquires and your Esquires eClub Loyalty Card has been successfully registered.
   4. An Esquires eClub Loyalty Card is not transferrable and remains the property of Esquires at all times.
   5. Membership may be cancelled or refused by Esquires at its absolute discretion if a Membership is deemed to be fraudulent or linked to a fraudulent Membership. In this case all Credits, Points, benefits and rewards will be immediately cancelled or forfeited.
   6. Membership is limited to one Esquires eClub Loyalty Card per person.
4. Points
   1. Once Your Esquires eClub Loyalty Card is registered, you will automatically be entitled to one free small coffee, to the value of $4.20, at selected Esquires stores on the presentation of your Esquires eClub Loyalty Card.
   2. To thereafter accrue Points You must present Your Esquires eClub Loyalty Card each time You make an Eligible Transaction.
   3. You will be awarded ten (10) Points for every dollar (or part dollar) spent in an Eligible Transaction on Esquires “made in store” hot or cold beverages. For example, in a single Eligible Transaction totalling $4.90, You will be rewarded with 49 Points. For the avoidance of doubt, pre-packaged beverages not prepared by Esquires do not apply to the Esquires eClub Loyalty Card Program.
   4. Points cannot be earned in conjunction with free or discounted purchases, special offers or promotions.
   5. Accumulated Points will entitle You to redeem those Points in exchange for a free hot or cold beverage of your choice to be used at selected Esquires stores.
   6. When redeeming Points, the rate is calculated at 1 Point for every cent. For example, where You have an available balance of 1000 Points and You redeem Your points in respect of a product that costs $6.80, the total amount of Points that will be redeemed is 680, reducing the balance of Points on Your Esquires eClub Loyalty Card to 320.
   7. Points cannot be redeemed in a transaction where the total cost of the product exceeds the amount of Points on Your Esquires eClub Loyalty Card. For example, where You have an available balance of 300 Points and You purchase a product that costs $6.80 (equivalent to the redemption of 680 Points), Your Points cannot be redeemed to reduce the amount of the product purchased.
   8. Without Your Esquires eClub Loyalty Card your transaction will not be recorded and will not count towards the accumulation of Points.
   9. Esquires reserves the right to ask You for identification to verify that You are the cardholder of the Esquires eClub Loyalty Card.
   10. . Points accrued do not constitute Your property, cannot be redeemed for cash and have no monetary value.
   11. Points cannot be sold, transferred or assigned to any other person, entity, account or other Esquires eClub Loyalty Card or Member.
   12. Esquires will deduct from your Esquires eClub Loyalty Card account:
       1. upon redemption of Your Points, the amount of Points associated with that transaction calculated in accordance with clause 4.6;
       2. any Points that have been credited to your Esquires eClub Loyalty Card in error; and
       3. any Points that relate to an Eligible Transaction which has been cancelled, reversed, or a refund given.
   13. While Esquires will use every effort to ensure Points are correctly awarded to You, Esquires will not be responsible for technical errors associated with the accumulation of Points onto an Esquires eClub Loyalty Card.
   14. Esquires reserves the right to refuse redemption of Points if Esquires reasonably believes that Points were earned fraudulently or that the use of the Esquires eClub Loyalty Card is unauthorised or otherwise unlawful.
   15. Points can only be earned by individuals shopping for personal use.
   16. Your Esquires eClub Loyalty Card cannot be used in conjunction with any other offer, promotion, coupon, voucher or any other loyalty rewards program.
   17. Your Esquires eClub Loyalty Card is not valid for purchases attracting the 10% seniors discount card.
   18. Any Points accumulated will be valid for a period of one calendar year from the date they are earned after which time they will expire (“Expiry Date”). It is Your responsibility to redeem any Points accrued by You prior to the Expiry Date. You acknowledge that Esquires is not required to notify You of the Expiry Date, nor is Esquires in any way liable to you or required to re-allocate Points to You, in the event You have not redeemed Your Points by the Expiry Date.
5. Prepaid Card
   1. Once Your Esquires eClub Loyalty Card has been registered You can also use Your Esquires eClub Loyalty Card as a prepaid card for the purchase of any food and drink items at selected Esquires outlets. Esquires will debit (deduct) against Your Credit the amount of any transaction You authorise, such authority hereby given by You, when using Your Esquires eClub Loyalty Card.
   2. To start Your prepaid function on Your Esquires eClub Loyalty Card You must present Your Esquires eClub Loyalty Card at selected Esquires stores or access your Membership details through the Esquires Website.
   3. A maximum of $500.00 Credit may be stored on Your Esquires eClub Loyalty Card at any one time. For example, where You have a balance of $50.00 Credit stored on Your Esquires eClub Loyalty Card, the maximum amount of additional Credit you can deposit onto Your Esquires eClub Loyalty Card is $450.00.
   4. You acknowledge and agree that You will not earn, nor do You have any right to earn, interest on any Credit that is stored on Your Esquires eClub Loyalty Card from time to time.
   5. Once Your prepaid function on Your Esquires eClub Loyalty Card has been activated, you can top up your Credit or check your balance at any time through any of the following methods:
      1. when you purchase any food or drink item at selected Esquires stores;
      2. by accessing Your Membership details through the Esquires website;
   6. You agree that:
      1. any Credit stored on Your Esquires eClub Loyalty Card not used within a period of 24 months will be forfeited to Esquires;
      2. upon Esquires becoming entitled to forfeit any unused Credit in accordance with this clause, Esquires is not required to notify you of its intention to, or that Esquires has acted upon its right, to forfeit the Credit; and
      3. Esquires is not liable to You in respect of any forfeited Credit arising out of or in any way connected with Esquires’ rights as set out in this clause.
   7. You must report any suspected errors to your Credit balance to Esquires as soon as possible by contacting Esquires at loyalty@esquirescoffee.co.nz. Esquires may correct any suspected errors in your Credit balance at its discretion. Any matter relating to the accrual, deposit or allocation of Your Credit balance will be resolved at Esquires sole and absolute discretion.
6. PIN Secrecy
   1. You must properly safeguard Your Esquires eClub Loyalty Card and PIN. Failure to do so may increase your liability for unauthorised use of Your Esquires eClub Loyalty Card, including any Credit stored on Your Esquires eClub Loyalty Card from time to time.
   2. . We strongly recommend that:
      1. You do not record Your PIN on Your Esquires eClub Loyalty Card or on anything with or near Your Esquires eClub Loyalty Card;
      2. You do not tell anyone Your PIN and try to prevent anyone else from seeing Your PIN;
      3. You try to prevent anyone else from seeing You enter Your PIN; and
      4.  If you think that Your PIN has become known to someone else, You must notify Esquires immediately.
   3. You must contact Esquires by emailing loyalty@esquirescoffee.co.nz in the event You wish to change Your PIN.
7. Errors and Lost or Stolen Cards
   1. You must notify Esquires immediately if Your Esquires eClub Loyalty Card is lost or stolen by emailing loyalty@esquirescoffee.co.nz. Cards that are reported as lost or stolen will immediately be cancelled, and a replacement card will be issued to You as soon as possible. Your Credit balance and applicable Points will be transferred to Your new card. Please note that in order to issue the replacement card we may require proof of identity.
   2. Esquires and its Affiliates is not liable for any delay in replacing Your Esquires eClub Loyalty Card, any delay or failure in transferring your Credit balance or Points onto Your replacement Esquires eClub Loyalty Card or for any unauthorised use of an Esquires eClub Loyalty Card.
8. Intellectual Property
   1. Any Esquires eClub Loyalty Card issued to you as part of the Esquires eClub Loyalty Card Program remains the property of Esquires.
   2. Esquires grants to you a bare licence to use the Esquires eClub Loyalty Card as part of the Esquires eClub Loyalty Card Program.
   3. All Intellectual Property subsisting in the Esquires eClub Loyalty Card, including but not limited to artwork, logos, names, slogans and trademarks, is the property of Esquires.
   4. You must not give away, copy, intentionally damage, deface, or otherwise compromise the integrity of the Esquires eClub Loyalty Card or use the Esquires eClub Loyalty Card for any purpose other than as part of the Esquires eClub Loyalty Card Program.
9. Variation of terms
   1. Esquires may vary these terms and conditions at any time at its sole and absolute discretion subject to the terms of this Clause 9.
      1. any accrual or redemption of Points; or
      2. the use of any Credit or the increase in Credit on Your Esquires eClub Loyalty Card,

      shall be the terms and conditions as published on the website at the time of the relevant accrual or redemption of Points or the use or increase of Your Credit.

   2. . Esquires will send an email to You to notify You of variations to the terms and conditions made in accordance with this Clause 9.
   3. Esquires will not be responsible for any loss caused directly or indirectly by a variation to the terms and conditions made in accordance with this Clause 9.
10. Termination, Cancellation or Transfer
    1. You must not give away or transfer Your rights under the Esquires eClub Loyalty Card Program without the prior written consent of Esquires. Failure to do so will be a breach of these terms and conditions and Esquires may terminate your Membership in accordance with Clause 10.2 below.
    2. Esquires reserves the right to suspend or terminate your Membership in the Esquires eClub Loyalty Card Program if Esquires reasonably believes that:
       1. You have breached these terms and conditions; or
       2. A person has engaged or may engage in fraudulent conduct, or conduct which is suspected to be fraudulent, in relation to your Esquires eclub Loyalty Card Program account or in a claim for allocation of Credit or Points to You; or
    3. You may cancel your Membership in the Esquires eclub Loyalty Program at any time by giving notice to Esquires by emailing loyalty@esquirescoffee.co.nz.
    4. Esquires may, at its sole and absolute discretion, cancel all or any Points that have been issued to You if Your right to participate in the Esquires eClub Loyalty Card Program is suspended, cancelled or terminated.
    5. Upon cancellation or termination, you must return to Esquires Your Esquires eClub Loyalty Card that has been issued to You which has not been reported as lost or stolen. As soon as reasonably practicable after Esquires receives Your Esquires eClub Loyalty Card, Esquires will use its best endeavours to refund to You any unused Credit.
    6. Notwithstanding cancellation or termination of Your membership of the Esquires eClub Loyalty Card Program, the terms under Clause 8 of these terms and conditions continue to apply.
11. General Information
    1. You are solely responsible for any government tax, duty or other charge imposed by law in respect of the Esquires eClub Loyalty Card Program, your participation in the Esquires eClub Loyalty Card Program, any Points earned, Credit deposited or used, gift cards issued, any rewards redeemed or any other transaction within the Esquires eClub Loyalty Card Program.
    2. Any failure or delay by Esquires in exercising its rights under these terms and conditions does not constitute a waiver of those rights by Esquires. Any waiver by Esquires must be in writing and signed by an authorised officer of Esquires.
    3. Esquires reserves the right to terminate the Esquires eClub Loyalty Card Program at any time without notice. If Esquires terminates the Esquires eClub Loyalty Card Program:
       1. all accrued Points will be cancelled; and
       2. As soon as reasonably practicable, Esquires will use its best endeavours to refund to You any unused Credit, subject to clause 5.6.
    4. Esquires may give notice through its website, by post or by email.
    5. You must advise Esquires of any changes of name, address, or other details as soon as the change occurs by updating your details on the registration page on the Esquires website. Esquires is not responsible for any failure by You to notify Esquires of the change which may result in the loss of Points, Credit balances, gift cards and rewards.
12. Other
    1. Esquires may notify You from time to time of additional promotions and benefits available to Members.
    2. Esquires may notify You from time to time of offers from partners or Affiliates of Esquires.
    3. Information collected from you in connection with your Membership to the Esquires eclub Loyalty Program will be used in accordance with these terms and conditions and standard RFG NZ Ltd Privacy Policy which is available to view at www.esquirescoffee.co.nz.