Last Updated: May 20, 2024
These terms and conditions (“the Agreement”) apply to any party (“the Business”) wishing to engage Big Horse Consulting Ltd (NZBN 9429051690632) (“Big Horse”) for the provision of loyalty reward programs services (“the Services”) through its Smartphone application StmpZ (“the App”). Please read these Terms and Conditions carefully before accessing or using the information and services for the App through its marketing platforms (“platforms”) or any website portal (“portal”) it provides. By accessing or using the platforms or portal for the App, the Business agrees that it has read, understood and agrees to be bound by Big Horse Merchant Terms & Conditions.
1.1 Big Horse provides the Services to businesses or representatives of businesses seeking to establish a loyalty reward program for Registered Members of the App.
1.2 Business loyalty reward programs will become live on the App only when the Business has approved all information, its offer and logo/ icon/ picture through the portal or written communication.
1.3 Big Horse reserves the right to individually charge for multiple offers through the same business listing.
1.4 Big Horse shall make such modifications to any loyalty reward program as are reasonably requested by the Business.
1.5 Big Horse shall be entitled at any time without notifying the Business, to make changes to Business loyalty reward programs which are necessary to comply with any applicable security or statutory requirements and shall determine, at its absolute discretion, the manner in which the changes are applied.
1.6 Big Horse reserves the right to determine which Smartphone operating systems the app works on.
1.7 The StmpZ Loyalty App’s and Platforms are not Social Media platforms or a Social Networking Site. There is no sharing of data or communication between the members of the StmpZ App; or between the Businesses that have an account on the platform.
2.1 The Business is required to create an account with Big Horse if the Business wishes to engage the Services of Big Horse.
2.2 The Business may be required to pay a nominal establishment fee per venue, and an ongoing subscription fee, which is agreed under a separate pricing schedule.
2.3 All rates are in New Zealand dollars unless stated otherwise.
3.1 The Business structures the offer and reward for its customers. The offer and reward are placed on the Registered Members smartphone and must also be prominently displayed at the point of sale within the store.
3.2 The Registered Member is entitled to receive a stamp or punch on the App for each purchase whether by value, quantity or visit. The registered member is entitled to receive a reward for achieving the required number of stamps or punches.
3.3 Any dispute regarding the loyalty program will be between the business and its customer. You agree that StmpZ is not responsible, and shall have no liability to you or your customers, with respect to the loyalty program.
4.1 Any electronic communication with Registered Members must be done through the Platforms or Portal or with a method and process previously agreed with Big Horse.
4.2 Big Horse owns its Registered Members contact details and transactional data records.
4.3 For paying business customers on certain subscription plans, Big Horse may provide access to customer contact details and transactional data records relating only to customers and records pertaining to the offers and promotions that the business provides on the Big Horse Platform.
4.4 Non-paying business customers shall receive no customer contact details or transactional data records unless otherwise agreed by Big Horse.
4.5 Any customer contact details or transactional data records passed to the Business shall be used in accordance with this policy, the StmpZ Privacy Policy, any relevant national SPAM and Data Protection acts (in New Zealand this is The SPAM Act 2003, Europe & UK, GDPR (EU) 2016 & Privacy and Electronic Communications (EC Directive) Regulations 2003 and US – CAN-SPAM Act of 2003) and must be construed in accordance with the laws of New Zealand or comply with the laws in the place where the business is located.
4.6 Registered members have the right to request copies of their personal information and data held. Registered members also have the right to have their personal information deleted. Please refer to the StmpZ Privacy Policy for more details.
5.1 Businesses may be required to pay a nominal set up fee to establish the Service. A monthly or annual subscription may be charged according to an agreed schedule of rates.
5.2 Big Horse can provide the Business with an invoice stating Big Horse’s fees in relation to the Services provided to the Business on request.
5.3 All monthly fees will be paid monthly in advance through a credit card. Credit cards may incur an additional surcharge. Unless otherwise agreed with Big Horse.
5.4 The Business may be offered a promotional offer to trial the program without charge. Once the free trial period ends, the Business will then be charged their first monthly subscription payment.
5.5 Additional services such as design, printing and communications may be provided at additional cost.
5.6 The Business may terminate the Service at any time.
5.7 A business can request to cancel their subscription at any time by giving written notice to Big Horse. Once confirmed by Big Horse, the subscription will then automatically expire at the end of the current subscription period.
5.8 Any outstanding subscription fees or other charges due must be paid in full prior to cancellation. The agreement shall then terminate at the next renewal date.
5.9 All requests to cancel must be made by submitting the Cancellation Request form on the StmpZ website.
5.10 All payments made are non-refundable.
6.1 Big Horse will use its reasonable endeavours to enable its Registered Members the facility for viewing the Business’s loyalty reward program on the App.
6.2 Big Horse will use its reasonable endeavours to publish the Business’s loyalty reward program or provide other agreed loyalty reward programs Services to the Business by the agreed date.
7.1 The Business hereby undertakes and warrants to Big Horse:
7.1.1 that the Business will use all reasonable precautions against access to the App through the portal by any unauthorised persons, including but not limited to the use of usernames and passwords and the securing of information relating to communications between the Business and the rest of the App;
7.1.2 that any information supplied by the Business is accurate, complete and true;
7.1.3 that the Business owns the copyright in or has authorisation from the copyright owner to upload, post, transmit, share, store or otherwise make available to Big Horse for use on the App any advertisement which contains a name, pictorial representation or logo;
7.1.4 that material uploaded, posted, transmitted, shared or otherwise made available to the App through the portal is free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties;
7.1.5 that each Loyalty Reward program is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
7.1.6 that no Loyalty Reward Offer contains any data, image or other material which;
(a) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
(b) is defamatory, threatening or racially, ethnically or otherwise objectionable;
(c) is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
(d) infringes the copyright, trademark, trade secret or other intellectual property right of any third party;
(e) violates any obligation of confidentiality or any law of privacy;
(f) is illegal or solicits or encourages illegal activity.
8.1 Big Horse may, at its absolute discretion and without incurring any liability:
8.1.1 Review, modify, amend or remove (in whole or in part) any Loyalty Reward Program at any time;
8.1.2 Refuse to publish any Loyalty Reward Program without giving any reason;
8.1.3 Withdraw any Loyalty Reward Program if, in the opinion of Big Horse, the Loyalty Reward Program is inaccurate, offensive, obscene, indecent, defamatory, illegal, infringing of third party rights, or otherwise in breach of any relevant advertising regulations, laws or codes of practice.
9.1 Big Horse grants the Business a limited licence to access and make use of the App but not to modify it, or any portion of it, except with express written consent of Big Horse.
9.2 The Business agrees not to download (other than page caching) or modify the App or any portion of it, without the express written consent of Big Horse.
9.3 The Business agrees not to upload or republish any part of the App onto any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation.
9.4 The Business agrees not to reproduce, duplicate, copy, sell, resell, visit or otherwise exploit the App or any portion of it for any commercial purpose without express written consent of Big Horse.
10.1 Big Horse does not warrant that the App or access to the App will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the App will be free of bugs, viruses, worms, Trojan horses or other harmful components.
10.2 The Business acknowledges that the App is provided on an “as is, as available” basis.
10.3 Big Horse is not responsible for any failure in the App due to circumstances beyond Big Horse’s control. In the event of an error or interruption due to these circumstances, the Business acknowledges that it will not be entitled to any compensation.
11.1 All intellectual property rights (including future copyright) in the formation and other material appearing on the App vests in and is the exclusive property of Big Horse, its assigns and licensors. The Business may not and must not allow or permit other parties whether or not on the Business’s behalf, to copy Business loyalty reward programs or other similar activities unless the Business has obtained the prior, written permission of Big Horse.
11.2 All intellectual property uploaded to the App constitutes an assignment of the intellectual property from the Business to Big Horse.
12.1 Big Horse retains all property rights in all information and all other knowledge relating to Big Horse, the Services including the technology and design of the services, the way the Services are implemented, the personnel, policies and business strategies of Big Horse and the terms of the agreement (including pricing) which come into the Business’s possession from any source, or information which is treated by Big Horse as confidential regardless of its form, or which is designated by its nature as confidential, but excluding information in the public domain or which may be obtained from Big Horse without restriction (“Confidential Information”).
12.2 The Business will not use Confidential Information which the Business acquires from Big Horse for any purpose which may cause Big Horse loss, whether by way of damage to Big Horse’s reputation, financial loss, or otherwise.
12.3 The Business will keep confidential all information supplied by Big Horse on its Registered Members.
13.1 While Big Horse will attempt to verify a Registered Member’s details, it does not guarantee the truth or accuracy of such details. Big Horse accepts no responsibility or liability as to the suitability of Registered Members who respond to Business loyalty reward programs.
13.2 Big Horse disclaims all liability to the maximum extent permitted by law for liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from the Business’s use of (or inability to use) the App.
13.3 Big Horse does not accept liability for:
13.3.1 any loss of copy, artwork, photographs, data or other materials that the Business supplies to Big Horse; or
13.3.2 any mistakes or errors whatsoever that arise during the course of publication of any advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Business.
13.3.3 any breaches by the business in regards to any relevant national SPAM and Data Protection acts, including but not limited to; New Zealand, The SPAM Act 2003, Europe & UK, GDPR (EU) 2016 & Privacy and Electronic Communications (EC Directive) Regulations 2003 and US – CAN-SPAM Act of 2003.
13.4 To the maximum extent permitted by law, the Business agrees to limit the liability of Big Horse for breach of these Terms and Conditions or any other law or legislation to having the Services supplied again.
14.1 All warranties, conditions and representations whether express or implied (other than express warranties stated by Big Horse in writing) are excluded except in circumstances whereby Big Horse is by law unable to exclude or limit liability.
14.2 Big Horse makes no warranty that the App (or any Smartphone application that is, or may become linked to this Smartphone application) is free from computer viruses, “cookies”, or any other malicious or impairing computer programs and/or that the App shall operate uninterrupted and error-free.
14.3 Big Horse does not warrant that any Loyalty Reward offer placed on the App will attract users from its Registered Members.
14.4 Without limiting the generality of the above, the Business warrants that nothing in the material lodged for publication on the App breaches any laws in any State or Territory of New Zealand and the Commonwealth of New Zealand.
15.1 These Terms and Conditions are governed by, and must be construed in accordance with the laws of the State of Auckland, New Zealand.
16.1 The Business agrees to indemnify Big Horse and its partners, directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partly, directly or indirectly, for using the App.
16.2 The Business indemnifies Big Horse in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered or incurred by Big Horse (including, but not limited to, economic loss and all legal costs and disbursements on a full indemnity basis) caused by the Business and/or any willful, illegal or negligent act or omission by the Business.
17.1 Big Horse may cancel any Loyalty Reward Program, terminate any agreement, or commence legal proceedings against the Business to recover any overdue amount including legal costs in relation to any action taken against the Business by Big Horse, if:
17.1.1 the Business fails to pay for any loyalty reward programs Services provided by Big Horse, in accordance with any agreement between the Business and Big Horse and these Terms and Conditions;
17.1.2 the Business breaches the Terms and Condition of this Agreement;
17.1.3 the Business commits an act of bankruptcy;
17.1.4 the Business becomes insolvent;
17.1.5 the Business, in the opinion of Big Horse, is in breach of any law or regulation;
17.1.6 a receiver, administrator, liquidator or manager is appointed over any of the Business’s assets; or
17.1.7 if the Business resolves to wind up the Business’s company.
18.1 If any dispute arises between the Business and Big Horse, a representative from both parties will meet within seven (7) days of a party notifying the other of the dispute and will endeavour to resolve the dispute in good faith. Big Horse may also elect to put the Business’s account and offer on hold until the dispute is resolved.
18.2 Any costs of such a meeting will be met by the Business and Big Horse equally.
18.3 If the parties cannot resolve the dispute within twenty-eight (28) days of their meeting, the parties will mediate the dispute in good faith in Auckland, New Zealand. Mediation will be administered by an independent third party mediator as agreed by both parties.
19.1 Big Horse makes no representation that the content of the App complies with the law of any country outside New Zealand. If the Business accesses this Site from outside New Zealand, the Business is responsible for ensuring that the Business complies with all laws in the place where the Business is located.
20.1 Big Horse may vary these Terms and Conditions from time to time at its absolute discretion.
20.2 If a material change to the Terms and Conditions is made, Big Horse will notify the Business by placing a prominent notice on the portal identifying the change, or by notifying the Business of the change via email.
21.1 The Business confirms that the Business has read, understood and agrees to be bound by Big Horse Privacy Policy.
22.1 Big Horse reserves the right to suspend or close the Business’s account at its absolute discretion in the event of, but not limited to the events referred to in clause 16 or breaches of these Terms and Conditions.
23.1 If any provision of these Terms and Conditions is held unenforceable in whole or in part, these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision.