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Terms & Conditions
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1. Definitions and Interpretation

1.1. In these Terms and Conditions:
a) '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;
b) 'Application' means the application or registration submitted by You via the Habitual Fix Website to become a Member of the Habitual Fix Addicts Card Program;
c) 'Benefits' means the services, products, discounts, offers, activities and events or arrangements offered or available to Members from time to time;
d) 'Credit' or 'Credits' means the monetary value stored on Your Habitual Fix Addicts Card that remains available to you (expressed in New Zealand Dollars) from time to time;
e) 'Habitual Fix' means Habitual Fix Systems NZ Limited:
f) 'Habitual Fix Addicts Card Program' means the loyalty rewards and prepaid cards program operated by Habitual Fix and includes but is not limited to the Habitual Fix Addicts Card;
g) ‘Habitual Fix Addicts Card' means each membership card issued by Habitual Fix to each Member and includes but is not limited to the Habitual Fix Addicts Card;
h) 'Habitual Fix Website' means www.habitualfix.co.nz or such other website as is nominated by Habitual Fix from time to time in its absolute discretion.
i) 'Dollar' or '$' means New Zealand Dollars;
j) 'Eligible Transaction' means the purchase of any full priced "made in store" hot or cold beverage You make from selected Habitual Fix stores when you use an approved payment (whether it is cash, cheque, credit card, EFTPOS or your prepaid Habitual Fix Addicts Card) and You submit your registered Habitual Fix Addicts Card at the time of purchase.
k) 'Member' or 'Membership' means a member of the Habitual Fix Addicts Card Program;
l) 'Password' means the Personal Identification Number nominated by you when registering Your Habitual Fix Addicts Card, which must be entered by You when using Your Habitual Fix Addicts Card in relation to any transaction at participating Habitual Fix outlets;
m) 'Points' means the points earned by You on Eligible Transactions in accordance with these terms and conditions;
n) 'You' or 'Your' means the individual who submits an Application to become, or is, a Habitual Fix Addicts Card Program.

2. Introduction

2.1. Habitual Fix Addicts Card Program is promoted by, issued and remains the property of Habitual Fix.
2.2. This document sets out the Terms and Conditions of the Habitual Fix Addicts Card Program provided by Habitual Fix ('Terms and Conditions').
2.3. Your use of Your Habitual Fix Addicts Card is deemed acceptance of the Terms and Conditions.

3. Membership

3.1. To become a Member You must:
a) collect your Habitual Fix Addicts Card with the purchase of any food or drink item at select Habitual Fix stores; and
b) register your Habitual Fix Addicts Card by visiting the Habitual Fix Website and following the on-screen prompts to input all of the requested details, including a Password, and completing the Application process.
3.2. Habitual Fix reserves the right to decline any Application for any reason in its sole and absolute discretion.
3.3. Points will not commence or accrue until Your Application is approved and accepted by Habitual Fix and your Habitual Fix Addicts Card has been successfully registered.
3.4. An Habitual Fix Addicts Card is not transferrable and remains the property of Habitual Fix at all times.
3.5. Membership may be cancelled or refused by Habitual Fix 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.
3.6. Membership is limited to one Habitual Fix Addicts Card per person.

4. Points

4.1. To thereafter accrue Points You must present Your Habitual Fix Addicts Card each time You make an Eligible Transaction.
4.2. You will be awarded one (1) Points for every dollar (or part dollar) spent in an Eligible Transaction on all purchase. For example, in a single Eligible Transaction totaling $5.90, You will be rewarded with 5.9 Points. 
4.3. Points cannot be earned in conjunction with free or discounted purchases, special offers or promotions.
4.4. Accumulated Points will entitle You to redeem those Points in exchange for any food or beverage item at selected Habitual Fix stores.
4.5. When redeeming Points, the rate is calculated at 1 Point for every ten (10) cents. For example, where You have an available balance of 100 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 68, reducing the balance of Points on Your Habitual Fix Addicts Card to 32.
4.6. Points cannot be redeemed in a transaction where the total cost of the product exceeds the amount of Points on Your Habitual Fix Addicts Card. For example, where You have an available balance of 30 Points and You purchase a product that costs $6.80 (equivalent to the redemption of 68 Points), Your Points cannot be redeemed to reduce the amount of the product purchased.
4.7. Without Your Habitual Fix Addicts Card your transaction will not be recorded and will not count towards the accumulation of Points.
4.8. On the presentation of Your Habitual Fix Addicts Card, You will also be rewarded with a free fetish smoothie on your birthday (proof of date of birth is required).
4.9. Habitual Fix reserves the right to ask You for identification to verify that You are the cardholder of the Habitual Fix Addicts Card.
4.10. Points accrued do not constitute Your property, cannot be redeemed for cash and have no monetary value.
4.11. Points cannot be sold, transferred or assigned to any other person, entity, account or other Habitual Fix Addicts Card or Member.
4.12. Habitual Fix will deduct from your Habitual Fix Addicts Card account:
a) upon redemption of Your Points, the amount of Points associated with that transaction calculated in accordance with clause 4.6;
b) any Points that have been credited to your Habitual Fix Addicts Card in error; and
c) any Points that relate to an Eligible Transaction which has been cancelled, reversed, or a refund given.
4.14. While Habitual Fix will use every effort to ensure Points are correctly awarded to You, Habitual Fix will not be responsible for technical errors associated with the accumulation of Points onto an Habitual Fix Addicts Card.
4.15. Habitual Fix reserves the right to refuse redemption of Points if Habitual Fix reasonably believes that Points were earned fraudulently or that the use of the Habitual Fix Addicts Card is unauthorised or otherwise unlawful.
4.16. Points can only be earned by individuals shopping for personal use.
4.17. Your Habitual Fix Addicts Card cannot be used in conjunction with any other offer, promotion, coupon, voucher or any other loyalty rewards program.
4.19. 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 Habitual Fix is not required to notify You of the Expiry Date, nor is Habitual Fix 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

5.1. Once Your Habitual Fix Addicts Card has been registered You can also use Your Habitual Fix Addicts Card as a prepaid card for the purchase of any food and drink items at selected Habitual Fix outlets. Habitual Fix will debit (deduct) against Your Credit the amount of any transaction You authorise, such authority hereby given by You, when using Your Habitual Fix Addicts Card.
5.2. To start Your prepaid function on Your Habitual Fix Addicts Card You must present Your Habitual Fix Addicts Card at selected Habitual Fix stores or access your Membership details through the Habitual Fix Website.
5.3. A maximum of $500.00 Credit may be stored on Your Habitual Fix Addicts Card at any one time. For example, where You have a balance of $50.00 Credit stored on Your Habitual Fix Addicts Card, the maximum amount of additional Credit you can deposit onto Your Habitual Fix Addicts Card is $450.00.
5.4. 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 Habitual Fix Addicts Card from time to time.
5.5. Once Your prepaid function on Your Habitual Fix Addicts Card has been activated, you can top up your Credit or check your balance at any time through any of the following methods:
a) when you purchase any food or drink item at selected Habitual Fix stores;
b) by accessing Your Membership details through the Habitual Fix website;
5.6. You agree that:
a) any Credit stored on Your Habitual Fix Addicts Card not used within a period of 24 months will be forfeited to Habitual Fix;
b) upon Habitual Fix becoming entitled to forfeit any unused Credit in accordance with this clause, Habitual Fix is not required to notify you of its intention to, or that Habitual Fix has acted upon its right, to forfeit the Credit; and
c) Habitual Fix is not liable to You in respect of any forfeited Credit arising out of or in any way connected with Habitual Fix's rights as set out in this clause.
5.7. You must report any suspected errors to your Credit balance to Habitual Fix as soon as possible by contacting Habitual Fix ataddictscard@habitualfix.co.nz. Habitual Fix 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 Habitual Fix sole and absolute discretion.

6. Password Secrecy

6.1. You must properly safeguard Habitual Fix Addicts Card and Password. Failure to do so may increase your liability for unauthorised use of Your Habitual Fix Addicts Card, including any Credit stored on Your Habitual Fix Addicts Card from time to time.
6.2. We strongly recommend that:
a) You do not record Your Password on Your Habitual Fix Addicts Card or on anything with or near Your Habitual Fix Addicts Card;
b) You do not tell anyone Your Password and try to prevent anyone else from seeing Your Password;
c) You try to prevent anyone else from seeing You enter Your Password; and
d) If you think that Your Password has become known to someone else, You must notify Habitual Fix immediately.
6.3. You must contact Habitual Fix by emailing addictscard@habitualfix.co.nz in the event You wish to change Your Password.

7. Errors and Lost or Stolen Cards

7.1. You must notify Habitual Fix immediately if Your Habitual Fix Addicts Card is lost or stolen by emailing addictscard@habitualfix.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.
7.2. Habitual Fix and its Affiliates is not liable for any delay in replacing Your Habitual Fix Addicts Card, any delay or failure in transferring your Credit balance or Points onto Your Habitual Fix Addicts Card or for any unauthorised use of an Habitual Fix Addicts Card.

8. Intellectual Property

8.1. Any Habitual Fix Addicts Card issued to you as part of the Habitual Fix Addicts Card remains the property of Habitual Fix.
8.2. Habitual Fix grants to you a bare license to use the Habitual Fix Addicts Card as part of the Habitual Fix Addicts Card.
8.3. All Intellectual Property subsisting in the Habitual Fix Addicts Card, including but not limited to artwork, logos, names, slogans and trademarks, is the property of Habitual Fix.
8.4. You must not give away, copy, intentionally damage, deface, or otherwise compromise the integrity of the Habitual Fix Addicts Card or use the Habitual Fix Addicts Card for any purpose other than as part of the Habitual Fix Addicts Card Program.

9. Variation of terms

9.1. Habitual Fix may vary these terms and conditions at any time at its sole and absolute discretion subject to the terms of this Clause 9.
a) any accrual or redemption of Points; or
b) the use of any Credit or the increase in Credit on Your Habitual Fix Addicts 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.
9.2. Habitual Fix will send an email to You to notify You of variations to the terms and conditions made in accordance with this Clause 9.
9.3. Habitual Fix 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

10.1. You must not give away or transfer Your rights under the Habitual Fix Addicts Card Program without the prior written consent of Habitual Fix. Failure to do so will be a breach of these terms and conditions and Habitual Fix may terminate your Membership in accordance with Clause 10.2 below.
10.2. Habitual Fix reserves the right to suspend or terminate your Membership in the Habitual Fix Addicts Card Program if Habitual Fix reasonably believes that:
a) You have breached these terms and conditions; or
b) A person has engaged or may engage in fraudulent conduct, or conduct which is suspected to be fraudulent, in relation to Your Habitual Fix Addicts Card Program account or in a claim for allocation of Credit or Points to You; or
10.3. You may cancel your Membership in the Habitual Fix Addicts Card Program at any time by giving notice to Habitual Fix by emailingaddictscard@habitualfix.co.nz 
10.4. Habitual Fix 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 Habitual Fix Addicts Card Program is suspended, cancelled or terminated.
10.5. Upon cancellation or termination, you must return to Habitual Fix Your Habitual Fix Addicts Card that has been issued to You which has not been reported as lost or stolen. As soon as reasonably practicable after Habitual Fix receives Your Habitual Fix Addicts Card, Habitual Fix will use its best endeavours to refund to You any unused Credit.
10.6. Notwithstanding cancellation or termination of Your membership of the Habitual Fix Addicts Card Program, the terms under Clause 8 of these terms and conditions continue to apply.

11. General Information

11.1. You are solely responsible for any government tax, duty or other charge imposed by law in respect of the Habitual Fix Addicts Card Program, your participation in the Habitual Fix Addicts Card Program, any Points earned, Credit deposited or used, gift cards issued, any rewards redeemed or any other transaction within the Habitual Fix Addicts Card Program.
11.2. Any failure or delay by Habitual Fix in exercising its rights under these terms and conditions does not constitute a waiver of those rights by Habitual Fix. Any waiver by Habitual Fix must be in writing and signed by an authorised officer of Habitual Fix.
11.3. Habitual Fix reserves the right to terminate the Habitual Fix Addicts Card Program at any time without notice. If Habitual Fix terminates the Habitual Fix Addicts Card Program:
a) all accrued Points will be cancelled; and
b) As soon as reasonably practicable, Habitual Fix will use its best endeavours to refund to You any unused Credit, subject to clause 5.6.
11.4. Habitual Fix may give notice through its website, by post or by email.
11.5. You must advise Habitual Fix 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 Habitual Fix website. Habitual Fix is not responsible for any failure by You to notify Habitual Fix of the change which may result in the loss of Points, Credit balances, gift cards and rewards.

12. Other

12.1. Habitual Fix may notify You from time to time of additional promotions and benefits available to Members.
12.2. Habitual Fix may notify You from time to time of offers from partners or Affiliates of Habitual Fix.12.3 The name that will appear on your statement will be Habitual Fix.
12.4 Your account will be charged in NZD.
12.5 No refunds will be issued.