Captivate Systems Limited is a company registered in New Zealand (company number 4453379). Robovoucher is a product developed by Captivate Systems Limited (collectively referred to as "Robo Voucher", "Robovoucher", "we", "us" or "agent" in this terms and conditions policy).
We may amend these terms and conditions at any time and any revised version will be effective immediately that it is displayed on this website.
In the event of any comments or questions concerning these Merchant Terms and Conditions, please contact us by e-mailing [email protected] or writing to the Legal Department at PO Box 8526, Symonds Street, Auckland, New Zealand.
This is an agreement between the Merchant (referred to as "you" or "Merchant") and Captivate Systems Limited ("Robo Voucher") to use the Robo Voucher facility ("Facility"). Carefully read this agreement in full before using the Facility. By transacting with the Facility you agree to be bound by the terms of this agreement.
Captivate Systems Limited acts an as agent in selling voucher(s) on behalf of a you the Merchant. But the Merchant is the issuer of the voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all loss, injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services. By purchasing a voucher, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.
The Merchant acknowledges that, at all times, Robo Voucher will act as agent for the Merchant in facilitating the voucher sale, and the Merchant will be solely responsible for carrying out its obligations under a voucher.
Robo Voucher will not be responsible for any warranty claims and any obligations of the Merchant under the Consumer Guarantees Act (CGA), and such warranty claims and
obligations are the sole responsibility of the Merchant.
No liability or responsibility is accepted by the Captivate Systems Limited for any injury, illness, damage, loss, accident, expense, or any other claim arising from involvement in any Goods and/or Services provided by the Merchant.
Captivate Systems Limited is not directly linked to the Merchant and can take no responsibility for products and services offered by the Merchant.
The Merchant will indemnify Robo Voucher against all costs, losses, damages and expenses incurred by Robo Voucher arising out of or in connection with goods or services provided by the Merchant to a Customer pursuant to a voucher including (without limitation) damage to property, and death or personal injury, arising from any fault or defect in those goods or services.
As long as you comply with these terms and pay all relevant fees Robo Voucher will provide you with a right to access and use a website from which you can sell vouchers for your goods and services. This right is not exclusive to you and cannot be transferred by you to anyone else. This right is limited by these terms (including our rights to end this Agreement) and any other limitations that we may inform you of from time to time.
Robo Voucher will make all reasonable efforts to ensure that the Facility is properly provided to you. However, because it's a low-cost service, run over the internet, we do not guarantee or represent that the Facility or these services will be error-free, uninterrupted, continuously available, secure, private, or free from viruses or malicious programmes or compatible with any hardware or software you might use. Robo Voucher is not responsible for any delay or failure caused by anything beyond its reasonable control. From time to time, Robo Voucher may need to carry out maintenance that will interrupt access to the Facility. Robo Voucher reserves the right to make changes over time to the Facility, including to the format, layout, look-and-feel, and functionality. Robo Voucher reserves the right to view any part of the Facility including details of any voucher orders.
You must pay all applicable fees for your voucher Facility (plus GST) in accordance with the then current fees and payment terms that are posted on Robo Voucher website or that we otherwise notify you of. We may require you to set up an automatic payment to Robo Voucher or provide us with your credit card details so that we can debit your account for the applicable fees. You hereby authorise Robo Voucher to debit your account in this way.
If you provide a refund to your customers for any reason, we don't have to refund any transaction fees we may have charged you.
5.1 The Facility is made available on a pay-as-you-go basis and is charged at the start of your chosen subscription term (generally monthly).
5.2 We may chose, at our sole discretion, to offer certain free trial periods and/or plans with limited functionality. On provision of credit card details, you will be promptly billed the stated subscription amount for your chosen plan and your trial period will terminate. If you do not provide your credit card details within the 30 (thirty) day trial period, your trial will be deactivated once the 30 (thirty) day period has been crossed.
5.3 If you choose to upgrade your plan, during your chosen subscription period, any incremental cost will be charged to your credit card forthwith. Such change to your plan will also take effect immediately. Subsequently, your credit card will automatically be charged the adjusted subscription rate. Regardless of your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if you close your account before the end of your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base. Downgrading your plan level may cause the loss of content, features, or capacity of your account and we do not accept any liability for such loss. Prices of all our plans and services are subject to change upon 30 (thirty) days notice from us. We reserve the right at our sole discretion, to contact you and offer any special rates or offers. We may also contact you if you maintain an exceptionally high number of vouchers or voucher transactions, an unusually high level of non-redeemed vouchers or other excessive stress on the Facility.
5.4 We reserve the right to amend, increase, decrease or otherwise modify the then current plans and/or pricing, rates and schemes for use of the Facility, at our sole discretion, at any period with prior notice thereof. In such case you will have the option to opt out of such new plan and you will not be automatically billed and charged as per the said new plan.
5.5 You as the account owner will receive an email receipt upon each credit card charge. We use Stripe to manage credit card processing.
5.6 If you fail to pay the subscription fee or any such other charges on time or if the payment information entered is incorrect or does not get processed and/or you do not update payment information on our request, your subscription may be suspended or cancelled.
5.7 All of the Services are subject to the Fair Use Policy.
Your use of the Services must be fair, reasonable and not excessive, as reasonably determined by us by reference to average and/or estimated typical customer usage of the Services. If we consider your usage to be excessive and unreasonable where it materially exceeds the average and/or estimated use patterns over any day, week or month (or other period of time as determined by us). If your Total Gross Sales volume (grand total of sale transactions) per month exceeds more then $2000, £2000 or €2000 on average per month over a 3 month period we will switch you to higher use plan. This is typically calculated at appromiately 1-2% of your average monthly gross volume.
The Merchant is liable for any chargebacks.
A chargeback occurs when a customer buying a voucher asks their credit card company to remove a charge from their credit card statement. The credit card company will ask the buyer to provide an explanation about why they are disputing the charge.
Two common reasons for reversals or chargebacks are: 1: A buyer's credit card number is stolen and used fraudulently. 2: A buyer makes a purchase, but believes that the Merchant failed to fulfill their side of the agreement (e.g. activity or service provided by the Merchant was different then advertised, or unsatisfied with the service provided by the Merchant).
7.1 The Merchant will ensure that the goods or services that it specifies in a voucher or any advertisement content is true and correct. The Merchant warrants that the voucher does not do not mislead or deceive or are likely to mislead or deceive, or breach any applicable law or industry code.
7.2 The Merchant warrants that the content of it's voucher does not infringe the intellectual property rights of a third party and will indemnify Robo Voucher against all costs, losses, damages and expenses incurred by Robo Voucher arising out of or in connection with any breach of this warranty.
7.3 The Merchant will indemnify Robo Voucher against all costs, losses, damages and expenses incurred by Robo Voucher arising out of or in connection with any breach of the warranties.
You agree that we may include a byline and logo on your Facility, crediting the design
and development of the Facility to Robo Voucher, and may feature your Facility on the Robo Voucher
website or in our other advertising. For the avoidance of doubt, this is not to
be taken as conferring on you any authority or licence to use Robo Voucher's trade
marks or logos in any manner that we have not expressly authorised from time to
time. Each Facility must display the "Powered by RoboVoucher" graphic and link back to www.robovoucher.com
These copyright notices include "(Powered by RoboVoucher)" displayed on a voucher and "Powered by RoboVoucher" on a page footer. It does not give you authorisation to remove any copyright notices nor any other rights.
9.1 We merely provide a platform where you may sell vouchers to your customers. You are responsible for all information, data, text, messages or other materials ("User Dataâ€) that you post or otherwise transmit via the Facility. We shall take all reasonable steps to maintain appropriate administrative, physical and technical safeguards for protection of and security, confidentiality and integrity of the User Data. However, we make no warranty or claim regarding the overall security, confidentiality, integrity and protection of such User Data. We will not disclose the User Data except as required by law or permitted by you.
9.4 You are responsible for maintaining the confidentiality of your login account ("IDâ€) and password and are fully responsible for any and all activities that occur under your ID or account. You agree not to use any other party's user ID / password for any purpose whatsoever without appropriate authorisation. Please note that you are solely responsible for the confidentiality of your ID and password and for all transactions undertaken using the same.
9.5 You also agree and undertake to immediately notify us of any unauthorized use of your password and/or user ID and to ensure that you log off at the end of each session at the Facility. We shall not be responsible for any direct or indirect loss or damage arising out of your failure to comply with this requirement. It is clarified that we will not be responsible for any financial loss, inconvenience or mental agony resulting from any misuse of your ID / password / credit card number / account details number for using the services on the Facility.
9.6 You agree and acknowledge that your login may be used only by 1 (one) person. It is clarified that a single login cannot be shared by multiple persons. You may create separate logins for as many people as your plan allows.
You are responsible for properly cancelling your account. You, as the account owner (as defined in the sign-up procedure) can cancel the account at any time by logging into your account and proceeding to the Billing Management section and cancelling your account. You will lose access to all of your content upon cancellation and we will delete the same in our normal course of business. This information cannot be recovered once your account is cancelled. If you cancel you account before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again.
The voucher's expiry date is shown on the front of the voucher. The voucher is valid up to and including the expiry date, you must honour a customers voucher up to and including this date.
Vouchers are issued by email to the address specified at time of purchase and can be sent to either the purchaser or to the gift recipient, subject to the purchaser's preference.
It is the responsibility of the purchaser to correctly address vouchers. Robo Voucher is not liable or responsible for any loss suffered as a result of a voucher via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser.
Robo Voucher may send an email reminder to the customer notifying them in advance a voucher purchase is due to expire.
Robo Voucher may suspend or limit access to all or any part of your Facility at any time, for any reason. We may require you to amend any aspect of your Facility, for example, we may require you to change a voucher description or remove an image. During the period of any suspension or limited access you must still pay Robo Voucher's fees. However, we may at our sole discretion choose to credit you with a portion of the fees for the Facility that was subject to the suspension or limitation.
Except for any intellectual property in the content (including text, data and images) you supply to Robo Voucher, Robo Voucher alone (and/or our providers as applicable) owns and shall retain all rights, title and interest, including intellectual property rights (for example, copyright, patents, trademarks and designs, whether registered or not), in:
(collectively, "Robo Voucher IPâ€).
Your rights to use Robo Voucher IP are limited to the right to use your Facility and a non-exclusive and non-transferable right to use any documentation that we supply to you for the purpose of operating your Facility. You are not granted any other rights to Robo Voucher IP. You may not copy, distribute, or modify any Robo Voucher IP, nor are you allowed to reverse-engineer any aspect of the Facility or the way we provide services to you.
You agree to fully indemnify and keep indemnified Robo Voucher, and our suppliers, directors, employees, and agents against all claims, proceedings, actions, liabilities, damages, losses, costs and expenses (including full legal costs) arising out of or in any way connected to your use, or anyone else's use, of your Facility, any breach by you of this Agreement, law, regulation or licence, or anything else you do or do not do in relation to your Facility (in each case a "Claimâ€). This includes any Claim that arises because your Facility, the Robo Voucher service or the payment gateway service wasn't working properly.
This is a low-cost service provided across the internet, consequently it's provided on an "as isâ€ and "as availableâ€ basis. You agree to bear the risks of conducting your business on this basis. That means, for example, we are not liable to you or anyone else if your Facility cannot be accessed for any reason, or if a customer's voucher order is recorded incorrectly in the Facility.
To the fullest extent permitted by law, Robo Voucher and our suppliers, directors, employees, and agents ("Related Partiesâ€) will not be liable to you, or any third party, for any: loss or damage to information or data from any cause; breach of security or privacy; loss of profit, opportunity, or saving; or incidental, indirect, special or consequential loss or damage.
If Robo Voucher or our Related Parties are liable to you for any reason, and for any reason we have not been able to exclude that liability under this Agreement, then the maximum aggregate liability of Robo Voucher and our Related Parties (together) to you for anything we or Related Parties have done or not done (including any breach of this Agreement) will under no circumstances exceed NZ$35.
The maximum aggregate liability above, and any exclusions or disclaimers of liability in this Agreement, shall apply however liability arises, whether in contract, in tort (including negligence), for breach of statutory duty, or otherwise. Except as expressly set out in this Agreement, all representations and warranties, express or implied, are excluded to the maximum extent allowed by law.
18.1 The Facility and Content are provided on an "As- isâ€ and "As- Availableâ€ basis. We make no warranty, express or implied, concerning the Facility and/or its contents and disclaim all warranties of fitness for a particular purpose, merchantability, non-infringement, ommissions, completeness, updateness and/or up-time in respect of the Facility, including any liability, responsibility or any other claim, whatsoever, in respect of any loss whether direct or consequential, to any person arising out of or from the use of the Facility and/or any information contained on the Facility.
18.2 Without limiting the foregoing, we make no warranty that (a) the Facility and materials will meet your requirements, (b) the Facility and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Facility and/or the Contents thereof will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the Facility will meet your expectations or be free from mistakes, errors or defects.
18.3 This Facility could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and Facility at this site, including the descriptions of any services listed herein, at any time without prior notice.
18.4 The use of the Facility or the downloading or other acquisition of any materials through the Facility is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Robo Voucher grants you the right to access and transact with the Facility in order to process
voucher sales that you have a lawful right or authority to undertake. You are responsible for the
security and proper use of your user name, passwords and other security features relating to the
use of the Facility and you must take all steps to ensure that they are kept confidential and secure
and that they are used properly and are not disclosed to other people. You are responsible for
any unauthorised use of the Facility and for all losses or charges, including losses or charges that
may result from unauthorised or fraudulent use.
You must not use the Facility to:
- Conduct a fraudulent activity or a criminal offence;
- Send, receive, upload, download, use or reuse any material that is offensive, abusive, indecent, defamatory, and obscene or menacing or in breach of copyright, confidence, privacy or any other rights or laws;
- Allow any other unauthorized person(s) to use the Facility on your behalf;
20.1 Without prejudice to the other remedies available to us under this Terms and Conditions or under applicable law, we may limit your activity, or cancel or account , warn other users of the your actions, immediately temporarily/indefinitely suspend or terminate your account, and/or refuse to provide you with access to the Facility if:
you are in breach of this Terms and Conditions, our rules & policies and/or the documents incorporated hereunder by reference;
we unable to verify or authenticate any information provided by you; or
we have reasonable grounds to believe that the your actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the you, other users of the site and/or us.
20.2 Once you have been indefinitely suspended you may not register or attempt to register with us or use the Facility in any manner whatsoever until such time that you are reinstated, at our sole discretion.
21.2 Upon termination or suspension, regardless of the reasons thereof, your right to use the Facility immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to the Facility. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. Further, on such deactivation any data that you may have stored on the Facility will not be retrievable.
21.3 Upon permanent termination of your account you will lose access to all of your content and information which we may delete in our normal course of business operations. This information cannot be recovered once your account is permanently terminated. You may further be required to delete and/or cause all Content of the Facilityto be erased from your server and provide us with an undertaking to that effect.
Comments or questions regarding these Merchant Terms and Conditions, please contact us by e-mailing [email protected] or writing to the Legal Department at PO Box 8526, Symonds Street, Auckland, New Zealand.