1.1. Owner of the Service
The SmileCity Service and the SmileCity web sites (referred to hereafter as 'the SmileCity Network' or 'the Network') are owned and operated by SmileCity Ltd (referred to hereafter as 'SmileCity', ‘we’, ‘us’ or ‘our’).
1.2. Acceptance of the Terms of Service
Your membership of the Service is conditional upon your express agreement to, acceptance of and compliance with these Terms of Service, as well as agreement to and compliance with other terms, conditions, notices and disclaimers contained elsewhere on the SmileCity Network.
The submission of your SmileCity membership application constitutes your acceptance of these Terms of Service.
1.3. Changes to the Terms of Service
We reserve the right to vary these Terms of Service by providing 30 days notice on this website. Because as a member of the Service you will continue to be bound by these Terms of Service, you should periodically refer to them here to review any changes.
1.4. Changes to the Service
We reserve the right to vary the specifications, rates, rewards, rules, conditions and content of any aspect of the Service and Network at any time without notice.
1.5. Content of the Network
Whilst we make every effort to ensure information or content published on the Network by us is accurate and complete, we make no guarantee that it is, and cannot be held responsible for any errors or omissions in any such information or content.
Any dated information or content published by us on the Network is current at the time of publication, and we are not obliged to update or amend any such information or content.
2. Eligibility and Conditions of Membership
These conditions of membership are the primary, but not the only conditions of membership. We reserve the right to terminate your membership of the Service if you breach or fail to comply with any of the following conditions of membership:
2.1. Eligibility to join the Service
2.1.1. To be eligible to join the Service, you must:
- be 18 years of age or over; or
- if you are between 14 and 17 years of age, you must have a parent’s or guardian’s permission to join.
Individuals 13 years of age or below are not eligible to join SmileCity.
2.1.2. You must be a resident of New Zealand to be eligible to join the Service.
2.2. Joining and using the Service
2.2.1. You may only apply for and use one membership.
2.2.2. You must not join nor use the Service on behalf of any other individual, including a family member.
2.2.3. You must not allow any other individual to use the Service on your behalf.
2.2.4. A maximum of 5 memberships per household applies.
2.2.5. A maximum of 5 memberships per postal address applies.
2.3. Registered email address
2.3.1. You must provide a valid email address (referred to as the ‘registered email address’) when you register to become a member. For your membership to be considered active and valid, you must validate your registered email address by clicking on a link within an email we send to you after registration.
2.3.2. The email address you provide when you register must be an active email address in regular use by you.
2.3.3. If you ever discontinue use of the registered email address, for your membership to remain active you must advise us of a new, active email address that you regularly use. You can advise us of a new email address in the Account Settings section of this web site. You will be required to re-validate your new registered email address.
2.3.4. Your registered email address must not be the registered email address of any other member of the Service.
2.4. Personal and profile information
2.4.1. You must provide us with information about yourself, and you agree to us keeping a record of that information for as long as you remain a member of the Service. You may be required to provide personally identifiable information in the Account Settings section of this web site. You may be required to provide information about you that does not personally identify you in the Rewards Profile section of this web site.
2.4.2. The information you provide to us must be complete, current, correct, valid and truthful.
2.4.3. You must keep the information that you have provided to us current and up-to-date by periodically reviewing and updating the information provided. You can do this using the Account Settings and Rewards Profile sections of this web site.
2.5. Accuracy, honesty and integrity
2.5.1. At all times in your dealings with SmileCity and its partners and suppliers you must act with integrity and honesty.
2.5.2. When filling in and responding to online market research surveys that you have been invited to participate in by an email sent by us, you must answer questions accurately and truthfully, with carefully considered responses. You must not rush through the survey and submit partial or nonsense responses. You must not use inappropriate or profane language in your responses.
2.6. Unsolicited messages and spam
2.6.1. In these Terms of Service, ‘spam’ means the use of email, online message boards, online chat rooms, usenet, or an electronic messaging service to send a message which:
- is addressed to a person with whom the sender does not have an existing relationship;
- is not sent with the implied or express consent of the recipient;
- is typically, but not always, sent or posted in excess volume;
- contains information that is unsolicited or unwelcome.
2.6.2. You must not send unsolicited messages or spam to promote the Service.
2.6.3. You must not use the Network or Service to send spam.
2.7. Unlawful use, hacking, tampering and using automated scripts
2.7.1. You must not use the Network or Service in a way that is or for any purpose that is unlawful.
2.7.2. You must not use the Network to engage in any kind of hacking, tampering, spoofing or abuse of any system or computer network.
2.7.3. You must not engage in any kind of hacking, tampering, spoofing or abuse of the SmileCity Network and any aspects of the Service.
2.7.4. You must not use a script, robot, software program, or other system that operates the Network or Service on your behalf and outside of the intended use of the Network or Service, whether it be to earn reward points automatically, post or transmit bulk messages, or otherwise interfere with the normal operation and security of the Network or Service.
2.7.5. If you breach any of the conditions above, your membership will be cancelled and you may be prosecuted for damages or expenses arising directly or indirectly out of your actions.
2.7.6. We are under no obligation to monitor any person’s use of the Network or Service, however we reserve the right to monitor the Network and Service and retain and disclose information as allowed by law and requested by any law enforcement authority in any jurisdiction.
3. Privacy and Security
3.2. Personally identifiable information
The information you provide in the Account Settings section of the SmileCity web site includes personally identifiable information (such as your name, your email address, your residential or postal address, etc.) This personally identifiable information is never sold or shared with any third party, except:
- if you expressly agree and give us permission to do so. For example, we may pass on some details to a partner of ours if it is necessary for us to process a transaction that you request us to process, and you give us consent to do so; or
- if it is required by law.
3.3. Third parties
Sometimes you may be directed to a web site where an advertiser or market research company asks you to provide your personal information. It is your choice whether to provide your personal information to that third party. We cannot be held responsible for the privacy practices or actions of any third party.
3.4. Rewards Profile information
The information you provide in the Rewards Profile section of the SmileCity web site is information about you that cannot be used to identify you personally (such as your age, gender, postcode, education, background, preferences, habits, etc.) This Reward Profile information is used by us to ensure that you only receive email and surveys appropriate to you, and to allow our clients to reach the particular type of people they are targeting with their advertisement or survey.
The information in your Rewards Profile is never shared with any third party in a way that can be used to personally identify you. It is only shared with third parties on an aggregate basis. ‘Aggregate basis’ means the information of many members is combined together to form one measurement or quantity that cannot be used to identify any particular person. For example, a client may be told that their advertising campaign is going to be received by 1,000 members between 18 and 30 years of age, and received by 2,000 members between 31 and 40 years of age.
We will take all reasonable precautions and measures to maintain the security and privacy of your personal information. This includes using the very best in hardware, software, and security practices available to us. However, due to the nature of the Internet and the nature of the systems and technology available at the current time, it is unfortunate that breaches of security are still possible. Therefore we cannot guarantee that your information will be completely secure, and we cannot be held liable for any loss or damage arising out of a breach of security.
3.6. Account password
You must keep your account password confidential at all times. You are responsible for all transactions made on the Network with your username and password. We are not liable for any loss or damage arising out of the unauthorised use of your username and password.
4. Communications from Us
4.1. Service emails
4.1.1. When you join the service you give us consent to send you emails, with or without any incentive or reward, that are necessary for us to continue to provide the Service to you. These emails (referred to as ‘service emails’) may include:
- verification or validation emails;
- account statements;
- important information or notices about the Service and your use of the Service;
- responses to a customer service enquiry you have made;
- notification or confirmation of any transaction you initiate;
- requests for additional information from you;
4.1.2. Because service emails are required and necessary for us to provide the Service to you, the only way to unsubscribe from receiving service emails from us is to terminate your use of the Service by cancelling your membership.
4.2. Advertising emails
4.2.1. When you join the Service you must initially give us consent to send you commercial advertising messages via email (referred to as ‘advertising email’ or ‘reward mail’).
4.2.2. We will offer to you an incentive of reward points for viewing the entire advertising email and clicking on the designated link in the advertising email. To be eligible to earn reward points for an advertising email you must click on the designated link within 14 days of the advertising email being sent by us.
4.2.3. Receiving advertising email is an optional part of the Service. Therefore you may opt-out of receiving advertising email at any time after your registration is complete. This can be done in the Account Settings section of this web site.
4.2.4. After opting-out of receiving advertising email, you must allow up to 5 days for your email address to be excluded from advertising email campaigns. This is because selection of the recipients for an advertising email campaign may take place well before the actual date the emails are sent.
4.2.5. We make no guarantee or representation as to the minimum number of advertising emails you will receive from us.
4.3. Survey invitation emails
4.3.1. When you join the Service you must initially give us consent to send you notifications or invitation emails (referred to as ‘survey invitation emails’ or ‘surveys’) to participate in online market research surveys.
4.3.2. We will offer to you an incentive of reward points or entries into a competition for completing the online market research survey. To be eligible to earn reward points for completing a survey you must attempt the survey within a specified time frame, you must complete the survey before the quota for that survey has been met (‘quota’ means the maximum number of respondents to a survey), and you must meet all other eligibility requirements for that survey. Due to the nature of market research, it is usually not possible to disclose up-front what the full eligibility requirements for a survey are.
4.3.3. Receiving survey invitation emails is an optional part of the Service. Therefore you may opt-out of receiving survey invitation emails at any time after your registration is complete. This can be done in the Account Settings section of this web site.
4.3.4. After opting-out of receiving survey invitation emails, you must allow up to 7 days for your email address to be excluded from survey email campaigns. This is because selection of the recipients for a survey email campaign may take place well before the actual date the emails are sent.
4.3.5. We make no guarantee or representation as to the minimum number of survey invitation emails you will receive from us.
4.3.6. The reward points offered for each survey varies, depending on the length of the survey and other factors. In addition to this, the number of reward points you are eligible to earn from a survey depends on how far you progress through the survey.
5. Reward Points
5.1. Your reward points account
5.1.1. As a member of the Service we will maintain against your membership account a balance of reward points. As you use the Service you may accumulate reward points, and then once your reward points balance reaches a threshold level as set by us, you may redeem those reward points for cash or prizes.
5.1.2. There is a minimum threshold balance required before you may request for any redemption of your reward points. We may change the minimum threshold balance at any time. At the present time the minimum threshold for redemption is 3,300 reward points.
5.1.3. Until such time as your reward points balance reaches the minimum threshold, we are not liable to you for payment of any rewards.
5.1.4. You expressly acknowledge that your eligibility to redeem your reward points for cash or prizes is conditional upon your ongoing compliance with these Terms of Service. If at any time we have evidence or reason to believe that you are not in compliance with these Terms of Service, we may, at our discretion, cancel your membership of the Service, cancel any right or interest that you may have in the reward points that you have accumulated, and cancel any outstanding redemption or payment of cash or prizes.
5.1.5. If you choose to cancel your SmileCity membership account, all of your reward points are immediately and irreversibly forfeited. All outstanding and pending payments and rewards are immediately cancelled.
5.2. Reward points obtained by fraud or deception
Where an amount of reward points has been credited to your account and we at any time have evidence or reason to believe that those reward points were credited to your account due to the fraudulent, deceptive or dishonest actions of you or any other member, we reserve the right to reverse the transaction by deducting from your account the same amount of reward points.
5.3. Reward points credited due to error or computer software bug
If reward points are credited to your account due to a human or computer error, or if reward points are credited to your account due to the accidental or deliberate exploitation of a computer programming bug by you or by anyone else, we reserve the right to adjust or reverse the transaction without notice.
SmileCity reward points are not transferable between members or accounts under any circumstances.
5.5. Waiting period
For some aspects of the Service and Network, reward points may not be credited to your account immediately. You should expect that in some instances, it can take up to 3 months or more before reward points that you have earned can be credited to your account.
5.6. Reward points do not expire
Your reward points do not have an expiry date. Any points you have accumulated in compliance with these Terms of Service will remain in credit against your membership account until they are redeemed by you, as long as your membership account remains active and you continue to comply with these Terms of Service.
5.7. No guarantee of earning potential
You acknowledge that we do not make or imply any guarantee or representation as to the number of reward points you can earn as a member of the Service.
Exp is a measure of your experience and loyalty as a member of the Service. Exp is only used as a measure of your entitlements to use Service and Network aspects and facilities. Any Exp you accumulate has no value in relation to reward points, redemptions, prizes or merchandise, unless stated otherwise.
6. Redemption of Rewards
6.1. General conditions
6.1.1. In these Terms of Service, ‘redemption’ and ‘payment of rewards’ means any type of request for us to pay you or award to you any money or merchandise in exchange for an amount of your accumulated reward points. This includes payment by cash, bank transfer, prepaid Visa cards, or awarding of a prize won by you in the Auction sections of this web site. This also includes a request for us to pay money to a nominated charitable organisation on your behalf.
6.1.2. As the Service is open for membership only to residents of New Zealand, we will not send any payment of rewards to any address outside of New Zealand, or to any bank account not held with a New Zealand bank.
6.1.3. At the time you make a request for redemption of your rewards, we may review the details and transaction history of your membership account, and the details of any related membership accounts, to check for any evidence of fraud or deception by you. If we have evidence or reason to believe that you have acted fraudulently or deceptively in your dealings with us, we may choose to deny your request for redemption of rewards and take other action such as cancelling your membership account as permitted by these Terms of Service.
6.1.4. In clause 6.1.3., ‘related membership accounts’ means any membership account that referred your membership account, or any membership accounts that were referred by your membership account, or any membership account that has provided the same residential address or postal address as your account.
6.1.5. At the time you make a request for redemption of your rewards, we reserve the right to request from you a copy of a proof of identification document, for account verification and security purposes, before approving your request for redemption or payment of rewards. If you are unable or elect not to provide a copy of a proof of identification document, we may deny your request for payment of rewards.
6.1.6. The rate at which you may redeem reward points for cash or prizes is at our discretion, and may vary from time to time without notice.
6.2 Payment by bank transfer
6.2.1. You are solely responsible for ensuring the accuracy of the information provided for the purposes of a bank transfer.
6.2.2. We will only approve and process a bank transfer for payment of rewards where the nominated bank account name is the same as, or in the case of a joint bank account, includes, the name under which your membership account was registered.
6.2.3. If a payment of rewards by bank transfer that you request is processed to the wrong bank account, the funds are lost and we will not take any action to reverse the transaction, reprocess the transaction, or refund reward points to you.
6.2.4. If a bank transfer is rejected by the bank for any reason, we may charge to you an administration fee of 500 SmileCity reward points.
6.2.5. For the purposes of bank transfers of rewards, we may, at our discretion, enforce a limit of one membership account per bank account.
The Auctions facility is not an auction house where payment of New Zealand currency is made for goods and services. The Auctions facility is a feature of the Service where reward points are used to bid on prizes and merchandise. The highest bidder at the time the auction closes is then eligible to receive that prize as a redemption of their rewards, however all terms and conditions in clause 6.1. apply to the redemption request.
6.4. General conditions for the award of any prize or merchandise
6.4.1. We are not responsible for any mail handling error of any postal service involved in the delivery of any prize to you, whether it be an auction item, prepaid Visa card, or competition prize.
6.4.2. If a prize or item sent to you is returned to us because the address for delivery is undeliverable, we will charge to your reward points account an equivalent fee to the total cost of delivery for us to re-send the item.
6.4.3. We reserve the right to refuse a request for exchange or refund of any prize or merchandise, to the extent permitted by law.
6.4.4. Where an auction item or prize is sponsored by a third party, by bidding on the auction or entering into the competition, you agree that in the event that you are the winner, we may pass on your personal details including your name, address and telephone number to the third party, for the purposes of delivery of the item or prize.
6.5.1. You may choose to donate your reward points to a charity listed.
6.5.2. We reserve the right to vary the rate at which reward points can be redeemed for a cash donation to a charity at any time. At the present time charity donations are converted at the rate of NZD$10 per 1,200 reward points.
6.5.3. We reserve the right to vary the minimum donation amount accepted at any time. At the present time the minimum donation you can make is 1,200 reward points.
6.5.4. Donations of the currency equivalent of the total of all reward points donated are made to each charity on an aggregate basis at the end of each financial year.
6.5.5. Because donations are not made in your name, and because your SmileCity reward points are not taxable, any donation of reward points you make to a charity is not tax-deductible. For this reason we cannot issue you with a receipt for the donation of your reward points.
7. Network and Service Facilities
7.1. Online Shopping
7.1.1. In this clause 7.1., 'transaction' refers to any purchase, order, or action you initiate with a third party including ordering goods or services, or signing up to a service or membership, even if you make no payment for the goods, service, or membership.
7.1.2. The offers made in the Online Shopping section of the web site are made by third parties. You acknowledge that we act as a referral agent only and are not responsible for the quality of goods and/or services you receive from any third party.
7.1.3. We make an offer of a reward points incentive to you for making a transaction at any third party listed in the Online Shopping section, but only if you make that transaction as an individual referred to the third party by us. The offer of reward points is made on the basis that the third party pays us a commission for referring you to the third party.
7.1.4. To be eligible to receive reward points for making a transaction with a third party listed in the Online Shopping section, you must:
- initiate the transaction by using a link to the third party on this web site or in an email we send to you, and;
- you must use that link before making the transaction, and;
- you must use that link in the same web browsing session as when you make the transaction, and;
- you must not use any other referral or tracking link for that third party between the time when you use our link and when you make the transaction, and;
- where stated, you must complete any other required actions including answering any questions asked; and
- where stated, you must comply with any other terms, conditions and requirements.
7.1.5. In some instances, certain products, services, or offerings are expressly excluded from the offer of reward points, and there may be particular terms, conditions or requirements that apply only to that offer. You should ensure that you fully understand any exclusions, terms, conditions, and requirements as displayed before proceeding with a transaction.
7.1.6. You acknowledge that we may elect not to credit you with reward points if the third party elects not to pay us commission for referring you.
7.1.7. We may elect not to credit you with reward points for a transaction you make when failure of any system such as an affiliate tracking system or cookie-based referral tracking system results in us not being paid by the third party for referring you.
7.1.8. We will not credit you with reward points, and we may deduct reward points already credited, for a transaction you make at a third party if you subsequently cancel the transaction or order, return the goods for refund or credit, or fail to pay for the order in full.
7.1.9. For third parties in the Online Shopping section not marked with an 'AutoClaim' symbol, you must make a claim for the reward points you believe you have earned for making a transaction. You can make a claim for your rewards on the Claim Rewards page within the Online Shopping section of this web site. For your Online Shopping reward points claim to be valid you must claim within 60 days of making the transaction. The information you supply at the time of making the claim must be accurate and correct. If you do not supply accurate and correct information, we may reject your claim for reward points.
7.1.10. For third parties in the Online Shopping section that are marked with an 'AutoClaim' symbol, the claim will be made on your behalf automatically using a cookie-based tracking system. If the cookie-based automatic claim system does not work at the time you make a transaction, you must make a claim for the reward points manually as per clause 7.1.9.
7.1.11. If you make a fraudulent or deceptive claim for reward points we will reject your claim for points, and we may deduct from your reward points account a reward points penalty, or we may cancel your membership of the Service.
7.1.12. If you make a transaction with a third party in the Online Shopping section and your reward points claim is approved, you will automatically be entered into the SmileCity Top 30 competition.
7.1.13. You acknowledge that the Online Shopping section of the SmileCity web site contains links to age restricted web sites and services, including web sites containing adult material of a sexual nature. We restrict access to these age restricted pages and web sites only to signed in members that have indicated to us they are 18 years of age or over. If you have indicated to us that you are 18 years of age or over, you will have a choice whether or not to follow these links. Do not click on these links or visit these web sites if you are not over 18 years of age or if you are offended by material that is sexual in nature.
7.2.1. Because the 'eBank' facility does not accept deposits of New Zealand currency, it is not a financial services facility. It is not a registered bank covered by New Zealand banking regulations.
7.2.2. A maximum total of deposits of 10,000 points applies for members that are not SmileCity Gold members.
7.2.3. A maximum total of deposits of 25,000 points applies for SmileCity Gold members.
7.2.4. The interest rates listed are variable interest rates per annum. Any change to the interest rates will also apply to current deposits. The interest rates offered are determined solely by us. We do not guarantee the interest rates or the earning potential of the eBank in any way.
7.3. Refer a Friend
7.3.1. We will credit your account with 200 reward points if you (the 'referrer') refer a new member (the 'referred person' or 'referred member') to join the Service, however we will only credit you with points if:
- the referred person is not already a member of, and has never been a member of the Service; and
- the referred person is eligible to join and use the Service; and
- the referred person enters your SmileCity username or registered email address in the correct field on the SmileCity membership application form when they join, or they follow your designated referral link which automatically includes your username in the correct field on the membership application form; and
- the referred member accumulates 400 reward points in their own account.
7.3.2. We reserve the right to deduct any points credited in relation to a referral if we, at any time, discover that any condition in clause 7.3.1 has not been met.
7.3.3. You expressly acknowledge that you are not permitted to have more than one membership of the Service, and that you are not permitted to join the Service on behalf of another individual. You acknowledge that having more than one membership or joining on behalf of another for the purposes of obtaining referral reward points is considered by us to be deceptive and fraudulent behavior, and therefore if we have evidence or reason to believe that you have acted as such we may deduct referral reward points from your account, or we may cancel your membership account or the referred membership account.
7.3.4. We reserve the right to deduct from your account any points credited to you in relation to a referral if the referred account is cancelled by us or by the referred member within three months of the date of the referred member joining.
7.3.5. You must not make any misleading statements about the Service, or misrepresent to the person you refer, the amount of rewards and benefits they may earn from their membership of the Service.
7.3.6. You must not display or post your referral link or any banner or graphic promoting the Service on any website that contains any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material.
7.4. SmileCity Gold Membership
7.4.1. SmileCity Gold membership (referred to hereafter as ‘Gold’) is an optional upgrade to your SmileCity membership that you may choose to pay for. You can pay for a Gold upgrade using currency or using SmileCity reward points.
7.4.2. If you upgrade your membership of the Service to Gold status, additional terms and conditions apply to you as described here in section 7.4. All of the other Terms of Service that apply to standard members shall continue to apply to you. Standard members that have not upgraded to Gold are not subject to the terms and conditions in section 7.4.
7.4.3. Your upgrade to Gold status is subject to approval by us. If we deny your application to upgrade, we will refund to you the Gold upgrade fee you have paid in respect of that application.
7.4.4. You may cancel your Gold status at any time. However you may only receive a refund of the Gold upgrade fee you have paid if you request a cancellation and refund within 14 days of your Gold upgrade being approved by us. If you choose to cancel your Gold status more than 14 days after your Gold upgrade is approved, you will not be eligible for a refund.
7.4.5. Gold members are eligible to earn bonus points based on a set percentage of reward points earned through the Online Shopping section of this web site. Bonus points will be calculated and credited to your account on a monthly basis. Due to delays in processing and approval, some bonus points for a transaction may not be credited until the following month. We reserve the right to vary the bonus points rate at any time.
7.4.6. Offers made to you as a Gold member may be limited by time or quantity. We can not guarantee that all Gold offers will be available to all Gold members.
7.4.7. Priority will be given to you for invitation to SmileCity free or discount events, however we make no guarantee as to the availability of places at the event or as to the frequency or number of events held.
7.4.8. You will earn a bonus rate of interest on your eBank deposits. We reserve the right to vary the bonus interest rate at any time. A maximum total of eBank deposits of 25,000 points applies to Gold members.
7.4.9. We will send a renewal notification to you at least one month before your Gold membership expires. If you fail to renew your Gold membership before expiry, your Gold membership will revert to standard membership. If you wish to upgrade to Gold membership after lapse of the expiry date, the full Gold upgrade fee will apply again.
7.4.10. Your status as a fully paid Gold member does not waive any of our rights to cancel your membership of the Service as permitted under these Terms of Service, for example if you have breached any of the conditions or terms of membership of the Service.
7.4.11. We reserve the right to cancel your Gold status and revert your membership to standard membership at any time, if you have breached any of the conditions or terms of membership. If we elect to cancel your Gold status, we will not refund any Gold upgrade fee that you have paid.
7.5. Credit card payments
7.5.1. If you make a payment to us by credit card, and a chargeback of sale is subsequently made on that transaction, we may impose a penalty on you by deducting up to 3,000 reward points from your account.
7.5.2. Credit card payments made to us are processed by a web site operated by a New Zealand bank. For information on the security and privacy of that system you are referred to the notices displayed at the time you are making payment.
7.6.1. We run competitions for members at various times. Additional terms and conditions apply to those competitions, and you should read those terms and conditions in conjunction with these Terms of Service.
7.6.2. Unless stated otherwise in the competition terms and conditions, by entering into a competition run by us, you agree to have your name, suburb and state published on the SmileCity web site and in print media if you are a winner.
7.6.3. Unless stated otherwise in the competition terms and conditions, by entering into a competition run by us, you agree to provide us with a testimonial and photograph if you are a major winner. When you provide us with a testimonial and photograph you must agree to us publishing your testimonial and photograph both on the SmileCity Network and in print and online media for marketing and promotional purposes.
7.6.4. SmileCity employees and their family members, and SmileCity affiliates, clients, agents, suppliers, and their employees and immediate family are not eligible to enter any SmileCity competition.
8. Communication Facilities
8.1. Communication Facilities
The SmileCity Network contains electronic messaging and feedback systems, and other communication facilities which allow you to communicate with us, with third parties, and with other members of SmileCity (referred to hereafter as 'Communication Facilities').
8.2. Conditions of use
It is a condition of your use of any Communication Facility and your access to the Network that you do not do any of the following:
- restrict or inhibit any other member from using or enjoying any aspect of the Service or Network;
- post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- post or transmit any material of any kind which contains a computer virus or other harmful component;
- post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising, unless we receive consideration or payment for such posting or promotion as part of the service we provide to our members and clients;
- impersonate any other person or entity;
- solicit donations for any person or any organisation other than a registered charity.
If you breach any of the conditions relating to the use of Communication Facilities we may impose a reward points or exp penalty, we may suspend your access to use, and ability to post to, any Communication Facility, and we may cancel your membership of the Service.
8.4. No obligation to monitor
We may from time to time monitor or review the contents of the Communication Facilities. While we reserve the right to edit, delete, or refuse to post any information, content or materials (in whole or in part) that in our sole discretion are in any way objectionable or in violation of any applicable law or these Terms of Service, we have no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post any information, content or materials, nor are we responsible for any information, content or materials posted by you or any other member of the Service or user of the Network.
8.5. Public not private
You acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
8.6. Cooperation with law enforcement authorities
We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any information, content or materials which violate any applicable or relevant law.
We reserve the right to cancel any membership account created with a username that in our opinion is offensive, obscene, profane or indecent.
9. Third Party Web Sites, Advertisements and Surveys
The SmileCity Network and the emails sent by us contain advertisements and links to web sites and online market research surveys operated by third parties or their licensees or contractors. Third party links, advertisements and market research surveys are paid for by the relevant third party and are not a recommendation or endorsement by us or our affiliates or our respective employees. We make no express or implied warranties in relation to the content of these advertisements or web sites, including the accuracy, completeness, reliability or suitability of the web sites or the products and services advertised for any purpose.
In some instances, the advertisement or web site linked will contain representations or offers by the third party which you can accept by executing the relevant transaction. You acknowledge that such offers are not made by us, and the third party is solely responsible to you for the delivery of any goods or services obtained from the third party.
If you have an enquiry or complaint about a particular advertisement, link, email, or survey, you may contact us. We will endeavour to answer your question or resolve the issue, however in some circumstances we may need to direct you to contact the owner of the web site, advertisement or survey directly.
All content and material on the SmileCity web site and Network and sent to you in an email by SmileCity is protected by New Zealand and international copyright law, and may also be protected as a trade mark, service mark, or under other rights and laws.
Except for the creation of a temporary copy on your computer which is inherent to the process of the normal use of the Network or Service, the content and material referred to above may not be copied, reproduced, published, stored in a retrieval system, altered or otherwise used in any form or by any means, in whole or in part, without our prior written approval, or the approval of the relevant copyright owner.
11. Disclaimer of Warranty
You acknowledge that you have not relied upon or been induced by any representation by us and that we make no warranty or representation as to:
- the results that may be obtained through membership of the Service;
- the accuracy, reliability or otherwise of any information obtained through membership of the Service;
- the financial or other rewards which may be obtained through membership of the Service;
- the Service or Network being uninterrupted, timely or error free;
- the goods and/or services purchased or obtained through the Service or Network, including goods and or services offered by third parties, except where expressly indicated.
12. Limitation of Liability
You release SmileCity, its parents, subsidiaries, and its officers, employees, agents and affiliates from any claim for loss, damage or liability, including special indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:
- any advertising emails or survey invitation email sent to you;
- your membership of the Service;
- your use of or inability to use the SmileCity Network;
- the quality of goods and/or services purchased by you;
- any dispute with a supplier of goods and/or services.
You indemnify and keep indemnified SmileCity, its parents, subsidiaries, and its officers, employees, agents and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits caused by or arising out of or consequential upon your membership of the Service or your use of the Network.
These Terms of Service are effective and in force until terminated by us. We may terminate these Terms of Service at any time without notice.
14.2. Cancellation by us
We reserve the right to cancel your membership and terminate your use of the Service at any time, without cause or reason, and without notice. Specifically, we may cancel your membership and terminate your use of the Service, without notice, if you:
- breach or violate any conditions or requirements in these Terms of Service;
- act against the business interests or reputation of SmileCity or its affiliated organisations and clients.
We reserve the right to cancel your membership and terminate your use of the Service, with 7 days notice, if your membership account becomes inactive through non-use over a period of 12 months. To prevent your membership account from becoming inactive, it is sufficient to simply sign in to the SmileCity web site on a regular basis.
14.4. Cancellation by you
You may choose to terminate your obligations under these Terms of Service at any time by cancelling your membership of the SmileCity Service. This can be done in the Account Settings section of this web site. You will be required to enter your password in order to cancel your membership.
14.5. Cancellation is final
If your membership is cancelled, the cancellation is final and your membership cannot be re-activated.
14.6. Forfeit of rewards
If your membership is cancelled, you will forfeit all of your reward points, and exp, and all outstanding redemption payments and rewards.
14.7. Refusal of application
We reserve the right to refuse your application to join the Service again if we have ever cancelled your membership of the Service in the past.
If any part of these Terms of Service is or becomes illegal, invalid or unenforceable, it shall not affect the validity or enforceability of any other part or provision of these Terms of Service.
16. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of New Zealand. You submit to the jurisdiction of the courts of New Zealand.