MarketClub terms and conditions

MarketClub is a membership programme run by The Warehouse Limited on behalf of all retail brands that operate under The Warehouse Group Limited and any other related companies or other partner organisations that may form part of and participate in the MarketClub from time to time (together, Participating Retailers).

MarketClub is a free-to-join membership programme. However, some members may also have the option of purchasing additional benefits via a MarketClub+ subscription where available. Members of MarketClub are eligible for member benefits and offers when shopping at Participating Retailers.

By registering as a member of MarketClub, you acknowledge that you have read and accept:

• these membership terms and conditions ("Terms"); and
• The Warehouse Limited's terms and conditions (which are available at https://help.thewarehouse.co.nz/Help/s/article/Terms-and-conditions).

To the extent that The Warehouse Limited's terms and conditions are inconsistent with the Terms, the Terms will take precedence and apply.

These Terms must be read in conjunction with The Warehouse Limited's Privacy Policy available at help.thewarehouse.co.nz/Help/s/article/Privacy, which describes how personal information collected in connection with MarketClub will be handled, and any other terms and conditions that may apply to certain offers or benefits.

Joining MarketClub

To be eligible for MarketClub membership, you must be a natural person (and not a company or other corporate entity), over the age of 18 years and be resident in New Zealand.

You may not have more than one MarketClub membership through each Participating Retailer and you may not transfer your membership or any offers made available through your membership to anyone else.

MarketClub membership may be used for personal use only. You are responsible for ensuring your login details are kept secure and will be responsible for any action or use of your MarketClub membership while logged in to your account. You agree that you will not use your MarketClub membership for commercial or business purposes.

You must ensure that all information you provide to us on joining MarketClub is correct and you must keep your information up-to-date in your customer account accessible through a Participating Retailer's app or and website (where available). You can also contact us at [email protected] or through the customer services team at each Participating Retailer and request that we update your information for you if it is out of date.

To the extent permitted by applicable law, we reserve the right, acting reasonably, to accept or refuse any membership application.

Offers

MarketClub offers may be available for purchases made via a Participating Retailer's app, website or instore. All offers, benefits and services are subject to availability at the discretion of the Participating Retailer. Some offers may be exclusive to one, or more, Participating Retailers. To access retailer-specific benefits and offers you may need to register separate MarketClub accounts with each Participating Retailer. Participating Retailers may not enable MarketClub functionality through all of their shopping channels. For example, MarketClub offers may only be redeemable for instore purchases at certain retailers and not for purchases made online through the retailer's website.

Some offers may be made available to some members and not others, for instance offers may be tailored to reflect a member's shopping history, preferences and location, their MarketClub engagement and activity, and other factors.

These Terms apply to all offers in addition to any specific terms and conditions accompanying a particular offer. In the event of any inconsistency, the specific terms of the offer shall prevail over these Terms.

General Exclusions

General exclusions apply, you can't use MarketClub offers to purchase gift cards, kitset assembly services, TV installation, clearance and Apple products. Excludes products sold by third parties. MarketClub deals are unable to be purchased using Layby and will be charged at the non-Market Club price. Further exclusions may apply.

Definitions

"Offers" Includes all MarketClub promotions including discounts, pricing, customer incentives (such as 'spend $x, get $x off') and rewards.

"Shop" Qualifying purchase or transaction made in-store or in-app only. Minimum spend can apply and will be detailed in the terms and conditions of the specific offer. Excludes shipping fees. Does not apply for purchases made on the website.

"Reward" Includes all MarketClub vouchers and discounts, earned by the member after completing the offer (i.e. shop 3 times and get). Rewards are automatically applied to the members next qualifying purchase. Not equivalent to cash. No change will be given on purchases that are less than the value of the reward. Rewards cannot be redeemed on products purchased via lay-by, and cannot be used to purchase gift cards, services, clearance, alcohol or Apple products. MarketClub deals are unable to be purchased using Layby and will be charged at the non-Market Club price. Where you return for credit/refund a purchase which was eligible for a Reward, you will no longer be eligible to receive that Reward and this may be removed from your wallet during the credit/refund process. Where you return for credit/refund a purchase we any balance which may be accumulating towards a reward to reflect the reduced amount after the refund has been applied. Where you are returning a purchase for exchange due, for instance, to the product being faulty, you will remain eligible to receive the Reward offered. MarketClub, where you have returned an item for refund and at its discretion, retains the right to recover either the Reward itself if unused or the Reward amount if spent already by deduction from the refund of the purchase amount. Further exclusions may apply and will be shown clearly on the rewards.

Third-party offers

From time to time we may send you offers relating to services or products on behalf of our third-party suppliers. Such offers are not offers from us, they are offers from the relevant third-party supplier and the third-party supplier's terms and conditions and privacy policy will apply to such offers. We are not responsible for fulfilment or management of such offers and you agree that when you accept any third-party offer or engage with any third-party supplier it is at your sole risk.

Modification

From time to time we may need to change or modify these Terms to give effect to changes in our business operations, to introduce new features or vary existing features of MarketClub, and to reflect strategic changes in how the MarketClub is operated. Where we change or modify these Terms for the reasons set out above, we will endeavour to provide you with reasonable notice through posting a revised version of these Terms on a Participating Retailer's app, website and/or we will notify you via email. We may not be able to provide you with prior notice of a change where such change is required to protect our legal rights, required to comply with law or for security purposes. Your continued use of your MarketClub membership after the effective date of a change will constitute your acceptance of the revised Terms. If you do not agree to the changes, you may cancel your MarketClub membership via your customer account (accessible through a Participating Retailer's app or website, where available) or by contacting us at [email protected] or through the customer services team at the relevant Participating Retailer.

Termination

If you choose to end your membership for any reason you will lose any offers that you may have earned, be eligible for, or loaded to your account. 

We may end your MarketClub membership at any time without notice where we reasonably believe there has been fraudulent use of your membership, you have acted inappropriately or in a hostile manner when shopping or engaging with us or any Participating Retailer, or you have breached any of these Terms or any law or other terms and conditions that apply to your use of a Participating Retailer's app, website or their instore policies. If we end your membership for any of the above reasons, all offers will be forfeited from the date of termination and you will have no further entitlements in respect of MarketClub.

We reserve the right to terminate the MarketClub programme at any time by providing you with reasonable notice. From time to time a Participating Retailer may also choose to leave the MarketClub programme. When this occurs, the Participating Retailer will provide you with reasonable notice of their exit from the programme. If we choose to terminate the MarketClub programme or a Participating Retailer chooses to leave the MarketClub programme, any offers that you have earned before the date of termination will continue to be valid for at least a period of three months after the date they were earned, or any longer period that we, or the Participating Retailer, may notify you of, at the time of termination.

Personal Information

We collect a range of personal information about you in connection with your MarketClub membership, including your contact details, payment details, location, shopping history and preferences, membership utilisation and offer redemption. This information is collected primarily to enable us to provide you with the benefits of MarketClub, administer the MarketClub programme, and to provide you a more customised and tailored shopping experience across all of our Participating Retailers. We also use this information in an aggregated form to undertake a range of data analytics and produce insights into customer behaviour to help shape our marketing and business strategies. If you do not provide certain personal information on request, you may be ineligible for membership. We will handle your personal information in accordance with our Privacy Policy, at help.thewarehouse.co.nz/Help/s/article/Privacy, which is incorporated into and forms part of these Terms. You may request that we update or correct your personal information at any time, as further detailed in our Privacy Policy.

Marketing

The email address that you provide to us upon registration will be used by us and Participating Retailers to email you with the latest deals, MarketClub member offers and any MarketClub news or updates. We may also send you marketing and service-related messages through SMS and/or via app notifications. You may opt out of receiving promotional emails from us at any time either by clicking the unsubscribe facility in any electronic message that we send you or by contacting us at [email protected] You can also update your marketing preferences any time through your customer account via a Participating Retailer's app or website (where available).

Acceptable Use Policy

Members of MarketClub and MarketClub+ are expected to use their membership (and redeem offers and rewards) in a reasonable manner and in line with regular shopping behaviour. Member benefits may be restricted to a certain number of retailers, orders or purchases per month, a certain number of merchants per order, or minimum value thresholds.

Where we suspect that you are abusing your membership benefits by, for example, sharing your account or offers with other users, using unreasonable means of redeeming excessive offers, or otherwise engaging in conduct which we deem is inappropriate, excessive, or an abuse of your MarketClub membership, we may cancel your membership.

Disclaimers and Liability

Nothing in this clause is intended to have the effect of restricting or modifying your rights or our obligations that cannot be restricted or modified by law (e.g. those under the Consumer Guarantees Act 1993).

Although we take reasonable steps to help ensure the continued access to and operation of MarketClub programme, we cannot guarantee that it will operate un-interrupted, error free or securely and we provide no guarantee as to its availability via any Participating Retailer's stores, app or website. We reserve the right at any time to correct any errors published in relation to offers or the MarketClub programme generally.

Except for any liability we may have under the Consumer Guarantees Act 1993, we do not accept any liability, direct or indirect, for any loss or damage suffered by you or any third party arising in any way out of your membership or use of the MarketClub programme, including in relation to the loss, misdirection or delay in receiving any correspondence, application or offer redemption.

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose as a result of your breach of these Terms.

Neither party shall have any liability to the other for delays or failure in performance caused by any event beyond its reasonable control.

General

These terms are governed by the laws of New Zealand.

If any provision in these Terms is deemed invalid, void or unenforceable for any reason, that provision shall be severed from the Terms and shall not affect the validity and enforceability of any remaining provision.

The trademarks and logos used and displayed in connection with MarketClub are owned by The Warehouse Limited and/or Participating Retailers, our respective licensors and suppliers. You are not permitted to use any trademarks or logos used or displayed in connection with MarketClub without our written permission.