Boost User Terms and Conditions

These terms and conditions were last updated 1 July 2019.

1 Access and Acceptance
Boost is a benefit program for individuals provided by n3 Limited (n3) to businesses (“Subscribers”) in New Zealand. Individual users authorised by the Subscribers (Approved Individual) can access Boost under these terms and conditions (“Terms”). Your access to, and use of, the Boost programme is subject to these Terms and you:

(a) warrant that you are an Approved Individual of a Subscriber and are entitled to become a User on completion of the online registration process, or by using the Boost card before registering;

(b) agree that by completing the registration process, or by using the Boost card before registering, you acknowledge that you have read, understood and accepted these Terms and the Privacy Policy, and you agree to be bound by them. If you do not accept these Terms, you must refrain from using Boost; 

(c) you confirm that all information provided to us on the Site is current, complete and accurate at the time you provide it, and you agree to maintain and update this information to keep it so; 

(d) acknowledge that your personal information is covered by our  Privacy Policy which is incorporated into these Terms; and

(e) agree that without limiting any other rights and remedies available to us, we may limit your activities on the Site, issue a warning to you, suspend or terminate your access, or refuse to provide our Site or Services to you if you breach these Terms.

2 Amendment of terms and conditions
We may amend these Terms from time to time including the terms in the Privacy Policy, by publishing new terms and conditions on the Site. Any change to these Terms will take effect from the time the revised terms are first displayed on the Site. Your continued use of the Site represents your agreement to be bound by the terms and conditions as amended.

3 Definitions
In these terms and conditions, the following expressions have the meanings set out:

(a) “Approved Individual” means any full or part time employee, contracted staff, associate, member, or other nominated volunteer who has been provided access to Boost by the Subscriber organisation.

(b) “Boost” means the benefit programme developed and operated by n3 and includes the Boost website, mobile app, card, and related services.

(c) “Content” means any software, data, information, pictures, graphics and other materials published or made available on the Site, including links to other webpages or sites, and including content generated by Users and any third parties.

(d) “Subscriber” means the business or entity that has signed up to join the Boost program. 

(e) “Subscriber Supplier” means a supplier engaged directly by a Subscriber to provide offers to that Subscriber’s Approved Individuals only, and whose offers are controlled by the Subscriber.

(f) “Offer” means the products, promotions, advertisements, and services provided by a Supplier or Subscriber Supplier to Users.

(g) “Services” means each and all of the services provided by n3 to Subscribers, Approved Individuals, Users, Suppliers, and Subscriber Suppliers in order to deliver the Boost programme.

(h) “Site” means the Boost website, mobile app, and card used to deliver the Boost programme.

(i) “Supplier” means a contracted supplier to n3 to provide Offers to Users.

(j) “User” means a registered user of the Site or a Boost cardholder.

(k) ”we’, ‘us’ and ‘our’ are a reference to n3 Limited; ‘you’ and ‘your’ are a reference to you;

4 No Advice
The Site is not designed for the purpose of providing financial or investment advice. The services, products and recommendations made or referred to on this Site are provided for general information purposes only. To the extent that any such information and recommendations constitute advice, they do not take into account any particular financial situation or goals and, accordingly, do not constitute personalised financial advice under the Financial Advisers Act 2008, nor do they constitute advice of a legal, tax, accounting or other nature to any person.

5 Agent
You acknowledge and agree that, at all times:

(a) n3 is acting as agent for the Supplier in promoting any Offer and the Supplier will be solely responsible for carrying out its obligations under each of its Offers; 

(b) we will not be responsible for any warranty claims and any obligations of the Supplier under the Consumer Guarantees Act 1993, and such warranty claims and obligations are the sole responsibility of the Supplier;

(c) your use of the Services is at your sole risk. The Site and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law we disclaim and exclude all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement; 

(d) where Services are offered, we disclaim and exclude liability for any guarantees that a Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Service; 

(e) we do not warrant that:

(i) the Services provided will be uninterrupted, timely, secure, or error free, or 

(ii) that any information (including feedback) provided on the Site is error-free or reliable; 

(f) no advice or information that is obtained by you from us or anyone else shall create any warranty by us that is not expressly stated in the Terms; 

(g) the placement of any information on the Site does not constitute n3’s recommendation or endorsement of any Offer. 

(h) our Site may include links to other websites not owned by us. If you visit a linked website you will be subject to the terms of that website and any dealing will be solely between you and that other website. These links do not constitute our recommendation or endorsement of any of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Site.

6 Liability

(a) The New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms must in all cases be read subject to those statutory provisions.

(b) Subject to clause 6 (a), to the fullest extent allowed by law, we will not be liable (in contract or in tort, including negligence) to you or any other person for any loss or damage, however caused (whether direct, indirect, consequential, special or loss of profits) in relation to:

(i) the Content (including without limitation any errors or misstatements);

(ii) the Site; and

(iii) the goods and/or services supplied under any Offer;

(c) where any such liability cannot be excluded then, subject to clause 6 (a), we limit our liability to the greater of $50 or the price you have paid for the Offer. If any issue does arise, you may have recourse directly against the Supplier;

(d) you waive any claim against us in respect of or arising from any reliance by us upon any use of your login details, such as username and/or password, including us disclosing information relating to your registration and/or affairs with us.

(e) you agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs) or losses by us or any third party due to or arising out of:

(i) reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your account details (including your username and/or password);

(ii) your failure to complete any transaction that the Site may have facilitated;

(iii) your breach of any of these Terms; or

(iv) any conduct of yours or any transaction entered into by you that does not comply with the relevant law.

7 Indemnity
You agree to indemnify us, our directors, employees and representatives, from any damage or loss (whether physical, direct or indirect) and cost (including legal and lawyer/member costs) to any of them, and will protect each of them from any claim or proceedings against any of them, to the extent caused or contributed to by you or any of your representatives or property. This provision is also for the benefit of, and may be enforced by, each of our directors, employees and representatives.

8 Termination
Your subscription will automatically terminate in the event of:

(a) the termination or expiry of your Subscriber’s agreement with n3 for the provision of Boost;

(b) you ceasing to be an Approved Individual of a Subscriber;

(c) we receive a serious complaint or multiple complaints about you; 

(d) you breach these terms and conditions;

(e) you impersonate another User; 

(f) you chose at any time to cancel your Boost n3 subscription by giving us five (5) working days’ notice in writing; or

(g) if we, at our sole discretion, deem your behaviour to be unacceptable. 

9 Consequences of Termination
In the event of termination, you agree that:

(a) your ability to use the n3 website and mobile app will end; and

(b) you will not open or attempt to open any new Boost subscriptions, except as an Approved Individual of another Subscriber.

10 Security of your login information
You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

(a) not to permit any other person to use your username or subscription; and

(b) not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your Boost member profile that may allow them to gain access to your member profile.

11 Intellectual Property 
We grant you a limited, personal, non-transferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by us. In so doing you acknowledge that all proprietary and intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the Site including the software and other material underlying and forming part of the Services and the Site is our exclusive property or is used with the express permission of the copyright and/or trademark owner. You may not without our prior written permission, in any form or by any means:

(a) reproduce, copy, store, print, display, publish or transmit derivative works from any part of this Site; 

(b) commercialise, copy, or on-sell any information, or items obtained from any part of this Site;

(c) attempt to obtain any ownership or title to any such property;

Copyright, trademark or other intellectual property right infringement may result in civil and/or criminal penalties. 

12 Communications
We may send you text or emails relating to your subscription, transactions, and other activities on the Site, and for promoting and marketing other n3 services to you. n3 may also send regular electronic newsletters to Users. We will provide clear and obvious instructions for how you can unsubscribe from the mailing list.

13 Disputes
As we are not a party to a transaction between you and a Supplier, you agree not to involve, or attempt to involve, us in any dispute or in the resolution of disputes that arise between you and a Supplier as a result of the Services provided. 

14 General Conditions
The following general conditions apply:

(a) we will use reasonable endeavours to ensure the availability of the Site and Services, subject to any downtime required for maintenance. However, we take no responsibility for any system unavailability, or for any loss that is incurred as a result of the Site or Services being unavailable. Further, we assume no responsibility for the corruption of any data or information held by us;

(b) we may cease operating the Site, or any part of the Site, at any time in our sole discretion;

(c) if we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights;

(d) if any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect;

(e) these terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions; and

(f) these terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.