The Bucqi Application (the Application) is an application designed for use on iOS, Android and Windows Mobile devices, which allows you to:
- (a) pay for goods or services and vouchers using your Card;
- (b) participate in loyalty/rewards programs offered by Participating Merchants and earn Bucqs associated with purchases using your Card;
- (c) track your reward Bucqs balances and voucher balances;
- (d) purchase goods and services directly from certain printed media, social media and websites using your Card; and
- (e) access a statement of your previous purchase transactions and participating Merchants register.
In this Agreement:
Bucqi, ‘we’ or ‘us’ means Bartercard Exchange Ltd (1166764).
Bucq means an accounting unit of the Bucqi Trade Exchange (notionally equivalent to one New Zealand Dollar) used to record the value of goods and services purchased or traded. Bucqs are not legal tender, securities, debentures or commodities. One Bucq equals one New Zealand Dollar.
Card means any of:
- (a) a valid financial transaction card issued by a member or affiliate of MasterCard® on which the MasterCard marks appear; or
- (b) a valid financial transaction card issued by a member or affiliate of Visa on which the Visa marks appear; or
- (c) a valid financial transaction card issued by a member or affiliate of American Express® on which the American Express marks appear; or
- (d) a valid financial transaction card issued by a member or affiliate of Diners Club on which the Diners Club marks appear, which you intend to use in conjunction with the Application.
Card Transaction means a payment, refund or reversal by a Merchant or a Cardholder via a Card.
Cardholder means a person to whom a Card has been issued.
Intellectual Property Rights means all industrial and intellectual property rights, both in New Zealand and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered plant breeders right, trade secret, knowhow, right in relation to semiconductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of such rights.
Merchant means a person who uses the Application to process Card Transactions on their behalf to complete payment for a purchase by you of goods and/or services from them.
Participating Merchant means a merchant who uses the Application to process Card Transactions from time to time, issues Bucqs to you as a reward for your using the Application and redeems Bucqs for purchases using the Application.
Transaction Services means services provided by Bucqi (through the Application) to facilitate Card Transactions between you and a Merchant.
By downloading, accessing or using the Application you represent and warrant that:
- (a) you are at least 18 years of age and have the legal authority to accept the terms and conditions of this Agreement and that such acceptance will be binding on you;
- (b) all the information you have provided to us is true and correct in all respects; and
- (c) you will update us by email immediately that any information you have provided ceases to be true and correct.
3. Intellectual Property
- (a) Bucqi represents and warrants that it is the absolute legal and beneficial owner of, or licensee to, all right, title and interest in the Application including, but not limited to, all Intellectual Property Rights in the Application.
- (d) This license grant includes the Application and all updates, upgrades, new versions and replacement applications.
- (e) We do not own, control nor have any responsibility or liability for any third party software application you elect to use with our Application and/or in connection with our services.
4. Use and access
- (a) You will only be able to use the Application for Transaction Services if you have:
- (i) a Card;
- (ii) downloaded the Application to a suitable mobile device; and
- (iii) successfully registered to use the Application including by following the necessary steps after downloading the Application.
- (b) We provide Transaction Services. We do not have any control over, and are not responsible or liable for, the products or services paid for with the Application. We cannot ensure that a Merchant will complete a transaction.
- (c) We are not responsible for any failure by a Participating Merchant to meet the terms and conditions on which it provides or redeems reward Bucqs or on which it has agreed to provide or redeem a reward.
- (e) You acknowledge and agree that:
- (i) each transaction for the purchase of goods and/or services is a contract between the Merchant and you;
- (ii) Bucqi is not a party to any Card Transaction and is not responsible for the goods and/or services supplied by the Merchant in accordance with a Card Transaction nor is Bucqi responsible for the completion of payment by you for the goods and/or services from a Merchant;
- (iii) Bucqi will facilitate each Card Transaction on behalf of a Merchant through the appropriate payment processing network using an appropriate service provider.
- (iv) you must not use the Services to facilitate the transfer of money between you and a Merchant that does not directly result from a purchase of goods and services from Merchant; and
- (v) the use of the Services to process Card Transactions in connection with illegal transactions or the purchase of illegal or prohibited goods or services is strictly prohibited.
- (f) We do not:
- (i) give any express warranty as to the suitability of our Application;
- (ii) represent or warrant that your access to the Application will be uninterrupted or error free; or
- (iii) represent or warrant that the Application will be able to access the payment service or otherwise provide Services at any particular time.
- (g) The Application accesses the Transaction Services and other Services via the internet. If you do not have internet access you will not be able to use the Application.
- (h) You are responsible for all transactions and other use of the Application by persons that you give access to the Application or that otherwise use your details to access the Application. You agree to notify us immediately if you believe your access details have been compromised or if a mobile device you use to access the Application has been lost or stolen. You also agree to ensure that your account details are kept private and meet strong password principles.
- (i) You may use the Application for your own personal use only. You must not use the Application, or information you obtain from the Application, in relation to the provision of any services or activities to third parties.
- (k) You may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code derived from the Application.
- (l) You can check your transaction history by logging on to the Application.
- (m) You must not access or use the Application:
- (i) to engage in fraudulent behaviour;
- (ii) in a way that infringes any third party’s Intellectual Property Rights;
- (iii) in a way that disrupts, misuses or excessively uses Bucqi’s hardware, storage space or other resources or that of Bucqi’s other clients;
- (iv) in a way that is intended to damage or impair the Application, or any server or network underlying the Application;
- (v) in a way that is harmful to the reputation of Bucqi; or
- (vi) in any other manner that is unacceptable to Bucqi.
- (n) You acknowledge that the Services are not an endorsement by Bucqi of any information or other content on the Merchant’s website or of the Merchant’s goods or services.
- (o) We may limit or suspend your use of the Application at any time in our sole and absolute discretion.
5. The Application
- (a) You may use the Application to facilitate a Card Transaction related to the purchase by you of goods and/or services from a Merchant.
- (b) Your ability to perform Card Transactions will be subject to any limits or restrictions imposed by the issuer of your Card.
- (c) You are responsible for ensuring the accuracy of information you provide about the recipient of a payment and about your Card/s.
- (d) We may refuse to facilitate a Card Transaction if we believe there is a risk associated with it or if it breaches any law, statute, ordinance or regulation. For example, we may refuse where we believe there is a legal or regulatory risk or a risk of loss being suffered by us or our users.
- (e) We are not responsible for any Card Transactions that are restricted or declined by the issuer of the Card.
- (f) When you pay a Merchant for a purchase by you for goods and/or services, you authorise the payment processor to debit or charge your Card as necessary to facilitate the payment to the Merchant.
- (g) We will not debit your applicable Card if it has expired. We may remove expired Cards from your account. You can re-add any Card with a valid expiry date.
- (h) In some circumstances, a Merchant may refuse a payment. We are not liable for any damages resulting from a Merchant’s decision to not accept a payment made through our Application.
- (i) If your payment is refused or refunded any funds we or the payment processor receive will be returned to you and any reward you received associated with that transaction will be reversed.
- (j) To the extent required to assist in protecting our integrity, our system or our users from loss, or to prevent fraud and limit the risk of money laundering and terrorism financing, we may do the following at our discretion before you are able to purchase goods and/or services:
- (i) not accept a Card or request that you add another Card;
- (ii) impose transaction limits per transaction, per day, per calendar month or per calendar year; or
- (iii) request the details of an additional Card you hold.
- (k) We will use all reasonable efforts to ensure the Transaction Services are performed in a timely manner. We make no representations or warranties regarding the amount of time needed to complete a Card Transaction.
Modifying or updating the Application
(a) We may modify the Application from time to time. When this occurs, the features of the Application may change, and some existing features may be removed. We may not provide you with advance notice of any changes.
6. Fees and charges
(a) The issuer of your Card may charge you fees in connection with your use of the Application and Card Transactions facilitated by the Application.
(b) Any such fees are your sole responsibility and any matters regarding such fees should be raised with the issuer of your Card.
- (a) Participating Merchants may issue Bucqs as part of a loyalty/rewards program for the use by a Buyer of the Application for the purchase solely in cash of goods and/or services from the Merchant. The amount of Bucqs issued by a Participating Merchant as a reward will depend on factors such as:
- (i) the purchase price of the goods or services;
- (ii) the time of the purchase; and/or
- (iii) the number of purchases, and may differ between Participating Merchants. The conditions and reward calculation for each Participating Merchant will be available on a daily basis on the Application.
- (b) A Buyer may redeem with Participating Merchants the Bucqs which it has received as a reward from Participating Merchants. The conditions and amount of redeemable rewards, which will differ between Participating Merchants, will be available on a daily basis on the Application.
- (c) Participating Merchants are subject to change.
- (d) Bucqi has no obligation to redeem or convert to cash or pay any amount in receipt of Bucqs issued by a Participating Merchant as part of a loyalty/reward program. Bucqi makes no representation as to the negotiability of Bucqs or the availability of goods and/or services for redemption using Bucqs.
- (e) Bucqs are for your use only and are not transferable to any other person.
- (a) We collect your personal information so that we can establish your use of the Application, manage and administer the Application, identify you for enquiries, concerns and complaints you may have, tell you about products and services offered by us or by other organisations with which we have an alliance or other arrangement, audit and monitor your use of the Application and to conduct testing, staff training, and customer satisfaction research to improve our products and services and to develop new products and services. If you do not provide your personal information you may be unable to use the Application.
- (b) We may be required to collect and confirm information about your identity. To enable us to confirm your identity, we may disclose personal information such as your name, date of birth and address to a credit reporting agency (CRA) or identity verification service. The CRA or identity verification service may use personal information about you and other individuals in their files to report to us. While your identity is being confirmed we may be unable to provide some or all of our Services.
- (c) If you provide us with personal information about someone else, you should ensure that you are authorised to do so and agree to inform that person of the contents of this document.
- (d) We exchange your personal information with organisations in the normal operations of our business, for example Merchants you transact with, our related companies, agents and payment processor.
- (e) By agreeing to these Terms and providing this information you consent to us:
- (i) collecting, using and disclosing information about you in the manner described above; and
- (ii) (unless you opt out) using your personal information to identify and provide you with information about products and services you may be interested in.
- (g) You may contact our Privacy Officer in relation to your personal information (or to opt out of marketing) on 09 414 6621 or email@example.com
9. Liability and Indemnity
- (i) the issuer of your Card is responsible for, and that we incur no liability in respect of, any disputed transactions (including unauthorised transactions);
- (ii) we are not responsible for any inability of your Card/s to perform transactions using the Application, or for any damage or loss flowing from such inability;
- (iii) without limiting your rights under the Consumer Guarantees Act 1993, we are not liable for any loss or damage you suffer or incur (however caused, including by our negligence) in connection with your use of the Application, or any payments made with the Application or the goods and/or services purchased from a Merchant;
- (iv) without limiting the above, we are not liable for any loss of opportunity, loss of profit, loss of anticipated savings, loss of revenue, loss of reputation or goodwill, loss of data, consequential loss or indirect loss which you suffer in connection with this Agreement, or your use of the Application, any data obtained or any payment made with the Application;
- (v) you will bring all claims against us within 90 days of the date of the transaction and waive your rights to make such claims thereafter.
- (c) Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Consumer Guarantees Act 1993 or any other applicable law that cannot be excluded, restricted or modified by agreement.
10. Complaints and Disputes
- (b) If you have a complaint, you may access our internal dispute resolution procedure by:
- (i) phone 09 414 6621
- (ii) mail write to: Bartercard Exchange Ltd, P.O. Box 101-563, Auckland 0745.
- (iii) email write to: firstname.lastname@example.org
We will handle all complaints according to our internal dispute resolution procedure. Details of these procedures are available on request.
(c) If you are not satisfied with the steps taken by us to resolve your complaint, or with the result of our investigation, you may send a complaint to the independent complaints resolution service. This service is provided free of charge. Please note: you must lodge a complaint with Financial Services Complaints Ltd within two months of the issue occurring. If the complaint is made after two months of the issue occurring the complaint will not be investigated.
The contact details for FSCL are:
Financial Services Complaints Ltd
Telephone: 0800 347 257 (Call Free for consumers)
Or (04) 472FSCL (472 3725)
Fax: (04) 472 3727
Postal Address:PO Box 5967
- (a) We may terminate this Agreement or suspend your access to the Application at any time without notice to you, including without limitation if you breach this Agreement, or if we discontinue the Application.
- (b) You may close your account at any time by following the Application’s instructions or by contacting us at email@example.com.
Bucqi will maintain the confidentiality of each Card Transaction and will not collect or otherwise deal in commercially sensitive information, except to the extent necessary to process the payments made using the Application.
14. Third Party Links and Websites
The Application may contain links or portals to third party websites not under our control or operation. Any such links are provided only as a convenience and do not imply our endorsement or responsibility for the contents of any such linked site. Use of any such third party content provided via the Application may also be conditioned upon agreement to such third party’s terms and conditions. The Application simply facilitates your interaction with such third parties. Bucqi is not responsible for any issues or disputes between you and such third party.
- (b) If a law prohibits the giving of notices or other communications by electronic communication, then subject to the requirements at law, we may give the notice or other communication either:
- (i) by writing to you at your residential or postal address last known to us;
- (ii) by giving it to you personally or leaving it at your residential or postal address last known to us; or
- (iii) if the notice or communication is not personal to you (or if we do not have a current email address for you) by publishing a notice in a newspaper circulating nationally in New Zealand.
- (c) If we give a notice or other communication to you by email, the content of the notice or communication may be:
- (i) set out in the body of the email;
- (ii) included as an electronic document attached to the email; or
- (d) If we give a notice or other communication to you:
- (i) by writing to you, you are taken to have received it when it would be delivered in the ordinary course of the post;
- (ii) by giving it to you personally or leaving it for you, you are taken to have received it on the day of delivery; or
- (iii) electronically you are taken to have received it on the day it is transmitted.
16. Governing law
- (b) The Electronic Funds Transfer Code of Conduct and the ePayments Code do not apply to the Transaction Services or the Application.
- (c) The Application is intended for use by residents of New Zealand only.