1 Definitions
Application Form means the application form for membership in the Mad Butcher Xmas Club Programme attached to these Terms and Conditions.
Available
Application Form means the application form for membership in the Mad Butcher Xmas Club Programme attached to these Terms and Conditions.
Available Balance means the available balance of funds on your Mad Butcher account that may be spent during the Specified Purchase Period. The maximum value you can hold in your Mad Butcher account at any one time is $5,000.
Card means a Xmas Club card issued by Mad Butcher (and managed by Hampsta NZ, a division of Tranxactor Limited) that can be used to purchase goods or services from all Mad Butcher Stores.
Mad Butcher means Mad Butcher Holdings Limited.
Programme means the Mad Butcher Xmas Club Programme.
Specified Purchase Period means the period during which you can use your Card to purchase goods or services from any Mad Butcher Store, being from 1 December of the year you joined the Programme to 10th January in the following year inclusive and each subsequent period of 1st December to 10th January until you terminate your membership.
Trust Deed means the deed entered into between Hampsta NZ (the manager of the Programme) and the Trustee pursuant to which the terms of the Trustee’s appointment are set out.
Trustee means any such entity appointed to act as trustee of the Programme from time to time.
‘you’ means the person who joins the Programme as a member and who will use the Card.
‘Your’ has a corresponding meaning.
‘we’ means Mad Butcher Holdings Limited and our successors, assignees and authorised agents.
‘Our’ and ‘us’ have corresponding meanings.
Balance means the available balance of funds on your Mad Butcher account that may be spent during the Specified Purchase Period. The maximum value you can hold in your Mad Butcher account at any one time is $5,000.
Card means a Xmas Club card issued by Mad Butcher (and managed by Hampsta NZ, a division of Tranxactor Limited) that can be used to purchase goods or services from all Mad Butcher Stores.
Mad Butcher means Mad Butcher Holdings Limited.
Programme means the Mad Butcher Xmas Club Programme.
Specified Purchase Period means the period during which you can use your Card to purchase goods or services from any Mad Butcher Store, being from 1 December of the year you joined the Programme to 10th January in the following year inclusive and each subsequent period of 1st December to 10th January until you terminate your membership.
Trust Deed means the deed entered into between Hampsta NZ (the manager of the Programme) and the Trustee pursuant to which the terms of the Trustee’s appointment are set out.
Trustee means any such entity appointed to act as trustee of the Programme from time to time.
‘you’ means the person who joins the Programme as a member and who will use the Card.
‘Your’ has a corresponding meaning.
‘we’ means Mad Butcher Holdings Limited and our successors, assignees and authorised agents.
‘Our’ and ‘us’ have corresponding meanings.
2 Membership
2.1 You agree to become a member of the Programme and agree to be bound by these Terms and Conditions upon joining the Programme.
2.2 Mad Butcher may reject any application for membership of the Programme in its sole discretion.
3 Account Maintenance Fee
3.1 There are no account maintenance fee chargeable.
4 Contributions and Available Balance
4.1 Your contributions will be subject to a maximum total amount of $10,000 each year. The maximum value you can hold in your Mad Butcher account at any one time is $5,000.00.
4.2 You can only make in store top up payments over the counter from 11th January to 26th November each year and at any Mad Butcher Stores.
4.3 Contributions made between 1st of December and 10th of January each year require 5-10 business days to clear before they become available funds.
4.4 Your contributions can only be made by Direct Debit, bank deposits or in store top up payments at any Mad Butcher Store. The relevant bank account details are available by logging in to your Mad Butcher account. You can also call Mad Butcher Xmas Club help desk 0800 623 6328 during normal working hours.
4.5 Your Available Balance will be held in a bank account on trust for your benefit, upon and subject to the terms of the Trust Deed. Any interest earned on funds held in this bank account will be payable to Hampsta NZ as the manager of the Programme on behalf of Mad Butcher, and you will not be entitled to any share in that interest.
4.6 You can find out what your Available Balance is at any time by logging into your Mad Butcher Xmas Club account here Mad Butcher MyJournal (madbutcherxmas.co.nz) your 16-digit card number and your pin and click QUICK BALANCE.
4.6 You can find out what your Available Balance is at any time by logging into your Mad Butcher Xmas account here https://mj.madbutcherxmas.co.nz/#!/ your 16-digit card number and your pin and click QUICK BALANCE.
5 Purchase Period
5.1 You may use your Card to purchase goods or services from any Mad Butcher Store during the Specified Purchase Period which may be varied by Mad Butcher from time to time by providing you with one-month advance notice.
5.2 Where your Available Balance is less than any goods or services you wish to purchase, you may use the Available Balance plus any other method of payment to purchase the goods or services.
5.3 You authorise us to debit the amount of each purchase made using your Card from your Available Balance. You cannot stop or alter transactions that you make with your Card. This means that if you give your Card to someone to use or allow a purchase transaction to be processed and then you are not satisfied with the goods or services, you will not be able to reverse the transaction.
5.4 Upon the expiry of the Specified Purchase Period, any remaining unused Available Balance on your Card will be retained for use by you for the following year’s Specified Purchase Period, subject to the following terms:
a. Payment of a new annual account maintenance fee; and
b. Submission of new Direct Debit payment forms, if required.
6 Termination of Programme
6.1 The Programme will remain in operation until Mad Butcher gives you notice of termination which shall be at its sole discretion.
6.2 Upon termination of this Programme, you will be entitled to use your Card in respect of your Available Balance during a period notified to you by us. Upon expiry of such notice period, any remaining Available Balance will be forfeited by you and will be dealt with in accordance with the Unclaimed Moneys Act 1971.
7 Cancellation of Membership
7.1 Closing your account: The Programme strives to encourage members to commit to the account for at least the first year of membership to reap the full benefits of the Mad Butcher Xmas Club Programme. You may temporarily stop contributions from time to time but the remaining funds in your account will not be returned directly to you. The remaining funds in your account can be spent through the Mad Butcher Xmas Club Programme during the Specified Purchase Period.
7.2 Members cannot apply for refunds other than in the case of financial hardship. Whether or not a refund is made under such exceptional circumstance will be at the sole discretion of Mad Butcher, in which case, an account closure fee will apply.
8 Restrictions on Use
8.1 On joining the Programme you will be issued with a Card and a unique confidential PIN number. This will only operate to purchase goods and services during the Specified Purchase Period. At other times you may use the Card to make over-the-counter top-ups at any Mad Butcher Store and to identify yourself as a Member of the Programme. Your Card will be issued with a PIN Number which you must keep confidential to yourself. Unauthorised use of the Card may result in us cancelling your membership.
8.2 The Card is not a credit card and is not transferable for cash. No change will be given by any Mad Butcher Store.
8.3 Any bonus benefit awarded by Mad Butcher is not transferable and will not be included in any reimbursement under any circumstances.
8.4 Your Card is for your use only in accordance with these Terms and Conditions. If you allow any other person to use or hold your card, you will be responsible for any such use as the transaction will be treated as authorised by you.
8.5 Your Card is the property of Mad Butcher. Your Card may not be copied or reproduced in any circumstances. You must return your Card to us or destroy your Card if asked to do so by us.
8.6 It is at Mad Butcher’s sole discretion as to whether or not we accept an application for membership in the Programme. The circumstances where we would refuse an application include, for example, where that person’s membership would result in Mad Butcher (or Hampsta NZ as manager of the Programme) being considered a reporting entity for the purposes of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
9 Dispute of Purchase
9.1 You are responsible for monitoring your Available Balance for any error relating to purchases made with your Card and contributions made to your Mad Butcher account.
9.2 If any error regarding purchases made with, or contributions made to your Card has occurred, you must notify us within 21 days from the date on which the error or errors occurred.
10 Lost or Stolen Cards
10.1 You must notify us immediately if your Card has been lost or stolen by calling our Customer Service number detailed on this form and on the back of the Card. Provided we are satisfied of your identity, we will cancel your lost or stolen Card and issue you a replacement Card. Where you are issued with a replacement Card, a fee of $10.00 will be payable, and will be deducted from your Available Balance.
10.2 Any unauthorised transaction (a transaction not made by you) that takes place before you have notified us that your Card has been lost or stolen will be debited from your Available Balance.
11 Variations to Terms and Conditions
11.1 We may change our terms and conditions from time to time, for latest terms and conditions please see www.madbutcherxmas.co.nz.
12 Limitation of Liability
12.1 We are under no liability and have no responsibility to you whatsoever for any direct, indirect or consequential loss and/or any expense suffered by you, arising out of a breach by us of these Terms and Conditions.
12.2 In the event of any breach by us of these Terms and Conditions, your remedies shall be limited to damages. Under no circumstances shall our liability exceed your contributions to the Programme.
12.3 Your rights and remedies under these Terms and Conditions are solely against us and not against the Trustee, and the liability of the Trustee shall be strictly limited as set out in the Trust Deed.
13 Privacy
13.1 We will collect and hold information about you as part of your application for membership in the Programme. We will ensure that this information is held securely.
13.2 We will use information that we collect about you to process your application for membership, and to administer the Programme and communicate with you about the Programme and your Card.
13.3 Under the Privacy Act 1993 you may request access to, and correction of, any personal information we hold about you by contacting us during normal business hours.
13.4 We will not disclose personal information to any other person other than the Trustee and other persons involved in administering the Programme, except as required to process your application, or as authorised by you, and required by law.
13.5 The Trustee may disclose your personal information in the circumstances set out in the Trust Deed (including to any auditor of the Programme or as required by law).
14 General
14.1 We may licence, sub-contract, or assign all or any part of our rights and obligations under these Terms and Conditions without your consent.
14.2 Mad Butcher may from time to time run promotions and selected offers. Terms & Conditions will vary and for a full list of competition terms and conditions visit www.madbutcherxmas.co.nz.
15 DIRECT DEBIT
15.1 What is a Direct Debit? A Direct Debit Authority allows a payment to be automatically deducted from your bank account. By filling out the Direct Debit Authority form you are authorising hampsta to debit your payments from your chosen account. At midnight on the day you have chosen (usually your pay day), our bank debits your account electronically.
15.2 Changing a Direct Debit. If you wish to make a change to your Direct Debit you will need to contact Mad Butcher on 0800 623 6328 by midday two working days before your payment is due so we can stop or change a payment (i.e. before Monday midday for a Wednesday payment).
15.3 What if I miss a payment? Your Bank may charge you a fee. We reserve the right to charge an administrative fee if a payment fails. At Mad Butcher, you are not locked into saving a set amount for a product. What you save is what you spend! So, the more you save the more you have to spend come Christmas.
15.4 What happens if I can’t keep up my payments? We understand that circumstances change and encourage you to contact our friendly Customer Service Team on 0800 623 6328. Our staff are active savers and users of the Mad Butcher card and will be able to discuss options with you as we know the benefits of continuing saving. Options may include reducing or skipping payments for a short period of time.
15.5 Missed Direct Debits. Your Bank may charge you a fee for any missed Direct Debits. We reserve the right to charge an administrative fee if payment fails.
15.6 What happens if my payment date falls on a Public Holiday? Your Direct Debit Authority will come out the next working day. As Mad Butcher’s head office is located in Auckland we observe Auckland Anniversary, If you wish to skip a payment on a publ
15.1 What is a Direct Debit? A Direct Debit Authority allows a payment to be automatically deducted from your bank account. By filling out the Direct Debit Authority form you are authorising hampsta to debit your payments from your chosen account. At midnight on the day you have chosen (usually your pay day), our bank debits your account electronically.
15.2 Changing a Direct Debit. If you wish to make a change to your Direct Debit you will need to contact Mad Butcher on 0800 623 6328 by midday two working days before your payment is due so we can stop or change a payment (i.e. before Monday midday for a Wednesday payment).
15.3 What if I miss a payment? Your Bank may charge you a fee. We reserve the right to charge an administrative fee if a payment fails. At Mad Butcher, you are not locked into saving a set amount for a product. What you save is what you spend! So, the more you save the more you have to spend come Christmas.
15.4 What happens if I can’t keep up my payments? We understand that circumstances change and encourage you to contact our friendly Customer Service Team on 0800 6328. Our staff are active savers and users of the Mad Butcher card and will be able to discuss options with you as we know the benefits of continuing saving. Options may include reducing or skipping payments for a short period of time.
15.5 Missed Direct Debits. Your Bank may charge you a fee for any missed Direct Debits. We reserve the right to charge an administrative fee if payment fails.
15.6 What happens if my payment date falls on a Public Holiday? Your Direct Debit Authority will come out the next working day. As Mad Butcher’s head office is located in Auckland we observe Auckland Anniversary, If you wish to skip a payment on a public holiday you will need to let us know before midday 2 working days prior to the payment date (i.e. if the Public Holiday is on a Monday, you will need to contact us on the previous Thursday).
