In these Terms and Conditions, “Animates”, “us”, “we” or “our” refers to Animates NZ Holdings Ltd. References to “you”, “Member” or “individual” refers to you as our customer. References to “Vet” refer to any Animates veterinary clinic or participating partner vet, as listed on our website from time to time.
1. New Memberships
1.1 New customers of Animates can apply to become a member of the Animates Petpoints (APP) Loyalty Programme by completing an application online, in any participating Animates store, or Animates Vetcare clinic and are subject to eligibility as outlined below. Email and phone number are mandatory requirements. We reserve the right to reject any application and shall not be required to provide any reason for such rejection.
1.2 Any new members will be initially allocated to the member status Member Tier.
2. Acceptance of Terms and Conditions and General Provisions
2.1 If you are a new customer of Animates by applying to become a member of the APP Loyalty Programme, you are deemed to have accepted these Terms and Conditions and agree to be bound by them and your Membership will become effective at the time that we approve your application.
2.2 We reserve the right to amend or change these Terms and Conditions from time to time by publishing the amended Terms and Conditions on our website at www.animates.co.nz (Website). Such amendments or changes may include, without limitation, changes to how APP may be accumulated, changes to how accrued rewards may be redeemed, changes to which products and services APP may be earned on, changes to the spend amount required per Petpoint, the inclusion of and changes to the Frequent Feeder Programme in the APP Loyalty Programme, and changes to the rewards and other benefits offered as part of each Member Tier. Continuing to use your Membership after changes are made and published on our Website is deemed acceptance of those changes. The changes will be effective from the date that the changes are made and published on our Website, and will not have any retrospective application. These terms and conditions contain information about your rights to terminate your Membership (for example if you are not comfortable with the changes) in clause 11.1 below.
2.3 The current Terms and Conditions are available at our Website and we recommend that you check these periodically.
2.4 All information provided by you to us associated with your Membership must be true and correct and you agree to keep your details up to date at all times by advising a team member in any Animates store, Animates Vetcare clinic or by contacting our customer care team.
2.5 Falsifying information or failing to provide any information designated as ‘mandatory’ will cause your Membership to be void or terminated.
2.6 Only one Membership to the APP Loyalty Programme is permitted per individual. However individual accounts can be linked to create a family account, by contacting our customer care team. If a family account is established, each family member on the family account’s APP balance will be combined to determine the Member Tier that the family as a whole qualifies for. Any rewards or benefits associated with that Member Tier will then be shared by the members of the family account. Individual accounts which are linked as part of a family account will not receive individual membership to a Member Tier, or individual rewards or benefits, outside of the family account Member Tier membership and rewards or benefits. If you join a family account, you agree that any member of the family account may redeem any of the rewards and other benefits associated with the Member Tier that the family account qualifies for, without any prior notice to you and Animates is entitled to rely on the fact that the person is a member of the family account as evidence of their authority to redeem any such rewards and other benefits. Animates is not responsible for resolving any disputes that might arise between members of a family account. An individual must not be a member of more than one family account at any one time, and the maximum number of members in a family account at any one time is three members.
2.7 Membership of the APP Loyalty Programme is free.
3. Membership Benefits
3.1 By being a member of the APP Loyalty Programme, you will have the right to obtain the following benefits in accordance with these Terms and Conditions (regardless of which Member Tier you qualify under):
(a) Accumulation of APP by earning 1 Petpoint per NZD$1 spent on qualifying purchases at participating Animates and Vets (such qualifying purchases to be determined by Animates in its sole discretion from time to time, and at the date of these Terms and Conditions qualifying purchases means all purchases at Animates (in-store and online) and Vets except purchases of gift cards, and spend on delivery fees and charity donations);
(b) Participation in the Frequent Feeder Programme;
(c) Participation in the Frequent Groomer Programme; and
(d) Receipt of promotions at a participating store and offers exclusive to members of the APP Loyalty Programme.
3.2 When shopping in-store, you must identify yourself as a member of the APP Loyalty Programme (“Member”) before the transaction is completed to earn APP on that transaction, or to ensure the transaction is recorded in the Frequent Feeder Programme. We recommend that you make all purchases on your APP Loyalty Programme account.
3.3 Your Membership must only be used for transactions completed by you personally. We reserve the right to require identification when redeeming rewards, Member offers, Frequent Feeder offers, Grooming Vouchers or other benefits using your Membership.
3.4 From time to time we may provide Members with additional offers or promotions (‘Promotions’) in connection with the APP Loyalty Programme. These terms shall apply to such Promotions in addition to any specific terms accompanying such Promotions. In the event of any inconsistency, the specific terms of the Promotion shall apply.
4. Earning Animates Petpoints
4.1 The APP Loyalty Programme operates by attributing different rewards (as nominated by Animates from time to time) to the various Member Tiers of the APP Loyalty Programme.
4.2 When you complete a transaction and identify yourself at any participating store or through the Website, the amount of the qualifying purchase will be added to your account in the form of Animates Petpoints. APP will be converted as 1 Petpoint per NZD$1 spend on qualifying purchases as detailed in clause 3.1(a) above.
4.3 Only participating Animates and Animates Vetcare clinics are applicable to accumulate Petpoints and redeem Petpoints benefits or rewards. Animates, Animates Grooming Salons and/or Vets that are excluded from Petpoints are; Animates Sylvia Park Grooming Salon, Animates St Lukes Grooming Salon and Silverdale Veterinary Hospital Group
4.4 When a Member completes a transaction online on the Website and identifies themselves by logging into their online member account, the amount of the valid purchase is added to their account in the form of APP within 48 hours of the order dispatching, not at the time of order placement.
4.5 Animates will endeavour to notify the Member via email or via in-store conversation when the Member is entitled to a reward or is changed to a different Member Tier in the APP Loyalty Programme. Only members who are opted-in to receive customer communications from Animates will receive APP Loyalty Programme communications, except as in clause 9.3.
4.6 At its sole discretion, Animates may update a Member account with a reward as a consequence of a purchasing behaviour, incentive and/or promotional activities.
4.7 Animates Petpoints expire twelve (12) months after they have been earned.
5. Member Tiers
5.1 You will be allocated to a Member Tier on the basis of your total unexpired Petpoints balance, being the total Petpoints earned over the immediately preceding 12 month period. Members who were previously members of the FFL Loyalty Programme were initially allocated to a Member Tier on the basis of their total transaction spend with Animates and Vets during the twelve months immediately preceding the Transfer Date (as evidenced by their FFL Loyalty Programme Loyalty Points balance as at the Transfer Date).
5.2 Members are allocated to Member Tiers on the basis of their APP balance in the following manner and as depicted below:
(a) Member status: Members whose unexpired Petpoints balance is up to 99 Petpoints
(b) Bronze status: Members whose unexpired Petpoints balance is between 100 – 349 Petpoints
(c) Silver status: Members whose unexpired Petpoints balance is between 350 – 999 Petpoints
(d) Gold status: Members whose unexpired Petpoints balance is 1,000+ Petpoints
(e) Platinum: Members must be invited by Animates to join this tier and will only belong to this tier for twelve months from the date of invitation, following expiry of which they will be allocated to one of the other Member Tiers described above which aligns with their unexpired Petpoints balance as at that date (unless Animates advises the Member that their invitation to the Platinum tier is extended for a further twelve month period).
5.3 Once you have earned the required Petpoints for a higher Member Tier, we will upgrade your Membership to the higher Member Tier (and upload the relevant rewards for the upgraded Member Tier) within (i) in the case of a purchase in-store qualifying you for the upgrade, 48 hours after the valid purchase is made, and (ii) in the case of a purchase online qualifying you for the upgrade, 48 hours after dispatch of the valid purchase items.
5.4 When you are upgraded to a higher Member Tier, your unexpired Petpoints balance is transferred to that higher Member Tier with you, but Petpoints comprising that balance remain subject to their original expiry dates despite the upgrade.
5.5 From the date that you are allocated to or upgraded to a Member Tier, you have twelve months to maintain your Membership in that Member Tier. You will be deemed to have successfully maintained your Membership in the particular Member Tier if, on the date being twelve months after the date you are (i) allocated to, (ii) previously deemed as having successfully maintained, or (iii) upgraded to the particular Member Tier (as applicable), your unexpired APP balance is within the range of APP required for the particular Member Tier. Once you have successfully maintained your Membership in the particular Member Tier, we will upload the relevant rewards for the particular Member Tier within 48 hours of the successful maintenance.
5.6 If, on the date being twelve months after the date you are allocated to or upgraded to the particular Member Tier, your unexpired APP balance is less than the number of Petpoints required to maintain Membership in that Member Tier, you will be allocated to the lower relevant Member Tier associated with your actual unexpired Petpoints balance as at that date (“downgrade”). For the avoidance of doubt:
(a) We will not downgrade you any more frequently than once in any review period, and such downgrading will only occur (if justified) at the end of the review period. In this Agreement “review period” means each twelve month period commencing on the date that you became a member of your current Member Tier (or in subsequent review periods within the same Member Tier, the Animates Petpoints anniversary of that date);
(b) If you are not downgraded at the end of the first review period (i.e if you have maintained the required unexpired APP balance to maintain your Membership in your current Member Tier), you will have a further twelve months to maintain that required unexpired Petpoints balance again and it will only be if at the end of that next twelve month period that you have not maintained the relevant unexpired Petpoints balance that you will be subject to a downgrade; and
(c) Any upgrade to a new Member Tier resets the review period, such that the review period will be twelve months from the date of upgrade.
6. Redeeming Rewards
6.1 Members in each tier are eligible to receive, upon entry into, or upon being deemed to have successfully maintained, the relevant Member Tier, the rewards and other benefits set out in the table below (subject to the expiry dates of the rewards and benefits in the table below). The rewards and other benefits set out in such table may be amended, varied or withdrawn by Animates from time to time for any reason in accordance with clause 2.1.
6.2 Upon being upgraded to a higher Member Tier, the reward and benefit entitlements for the higher Member Tier will replace those of the previous Member Tier. Upon being deemed as successfu lly maintaining your Membership in a particular Member Tier, or being downgraded to a lower Member Tier, you will be entitled to keep all rewards and benefits accumulated under the previous Member Tier subject to the expiry dates on those rewards and benefits.
6.3 Accumulated Petpoints and benefits and rewards are stored on your APP Loyalty Programme account or sent by email. If you are notified of a reward by email and the benefit or reward is no longer be stored on your APP Loyalty Programme account, you will need to show this email in-store at time of redemption.
6.4 APP Anniversary vouchers can only be used for one transaction and are valid for 60 days. Cannot be used in conjunction with any other offer. APP Anniversary vouchers can be applied to full price, clearance and promotional items and can be used as part of the Frequent Feeder programme. However they can not be used to purchase Animates gift cards. If the value of the transaction is less than the value of your APP anniversary voucher we are not obliged to give change. If the value of the transaction exceeds the value of your APP Anniversary Voucher(s), you must pay the difference. Not available for redemption at Animates Sylvia Park grooming salon, Animates St Lukes Grooming Salon or in Animates Vetcare clinics.
6.5 Rewards and benefits cannot be sold, transferred, assigned, exchanged for cash or redeemed on the purchase of gift vouchers. Certain products may become ineligible for APP Anniversary Voucher redemption from time to time at our discretion.
6.6 Rewards and benefits cannot be redeemed in conjunction with any other offer unless otherwise indicated.
6.7 Only rewards or benefits from one APP account (be it an individual account or family account) can be redeemed per transaction.
6.8 Rewards and benefits can only be redeemed once.
6.9 The currency in which Petpoints are earned is NZD.
6.10 Animates reserves the right to withdraw, cancel or vary any issued rewards at any time where such rewards were awarded in error or where such rewards were earned fraudulently.
7. Frequent Feeder Programme
7.1 Under the Frequent Feeder Programme, you will receive a discount of up to 15% off cat and dog food (the Frequent Feeder Offer) subject to the terms in clause 7.2.
7.2 The Frequent Feeder Offer
(a) Members must make frequent food purchases with Animates or Animates Vetcare, purchasing cat or dog food at least every 90 days. (b) can be used across any wet or dry dog or cat food and includes frozen food:
(c) is not valid in conjunction with any other offer and the best offer at the time of a member's purchase will apply: and
(d) cannot be used on the following products: treats.
(e) the discount will always be up to 15%. The Frequent Feeder price for each product will be displayed in-store and online at Animates and in-clinic at Animates Vetcare. Please note, from time to time, the percentage discount for products may change.
8. Frequent Groomer Programme
8.1 Under the Frequent Groomer Programme, every full Advanced Groom and Full Groom purchase will tally towards your Frequent Groomer Balance. Once your Frequent Groomer Balance has reached four Advanced Groom or Full Groom purchases, you will be rewarded with a Grooming Voucher worth $50.00 which can be redeemed on any Advanced Groom or Full Groom (Grooming Voucher).
8.2 Grooming Vouchers are stored on your APP Loyalty Programme account and are valid for three (3) months from the date of issue. Frequent Groomer Balances expire after 12 months.
8.3 Grooming Vouchers can only be used for one transaction. If the value of the transaction is less than the value of your Grooming Voucher we are not obliged to give change. If the value of the transaction exceeds the value of your Grooming Voucher, you must pay the difference.
8.4 Only one $50.00 Grooming Voucher can be used per transaction.
9. Receiving Communications
9.1 By accepting these Terms and Conditions, you agree to receive electronic and postal communications from Animates from time to time regarding products and services which we think might be of interest to you.
9.2 You may opt out from all communications upon sign-up or at any time after sign-up by using the appropriate “unsubscribe” or “opt out” method or button within the relevant channel of communication sent to you (email or text) or by contacting our customer care team.
9.3 Where you opt out from all communications from Animates, you agree that we may still contact you for operational matters relating to your Membership, account, pet, or other matters personal to you or for public announcements regarding potential risk to pets such as product recalls or health / illness outbreaks.
10. Returns and refunds
10.1 If, in accordance with the ‘Animates Return and Exchange policy’, you return a product on which you have earned APP, the APP earned in that transaction will be deducted from your Membership and any rewards or benefits accumulated using such APP will be cancelled and may result in your Membership showing a negative balance.
10.2 If you obtain a refund for a product which qualified under the Frequent Feeder Programme, the Frequent Feeder Offer earned in that transaction will be removed from your Membership and cancelled.
10.3 If, in accordance with any services refund policy maintained by Animates or a Vet at any time, you obtain a refund for a service provided by Animates or a Vet, the cost of which tallied towards your Petpoints Balance, the Petpoints earned in that transaction will be deducted from your Membership and any rewards or benefits accumulated using such Petpoints will be cancelled and may result in your Membership showing a negative balance.
10.4 If, in accordance with the “Grooming Policy”, you obtain a refund for a full-service groom that tallied towards your Frequent Groomer Balance, the Frequent Groomer Balance earned in that transaction will be deducted from your Membership and any Grooming Voucher issued as a result of that Frequent Groomer Balance earned will be cancelled.
10.5 If you return a product purchased in full or in part using an APP Anniversary Voucher, we will not provide a cash refund for the portion of the purchase price which was met using the APP Anniversary Voucher. Any portion of the purchase price paid using an APP Anniversary Voucher will be credited to your Membership account in the form of a new APP Anniversary Voucher corresponding to the amount paid by the APP Anniversary Voucher.
10.6 If you are entitled to a refund, in accordance with any services refund policy maintained by Animates or a Vet, for services paid for in full or in part using a Vetcare professional services voucher or a Grooming Voucher, we will not provide a cash refund for the portion of the price which was met using the Vetcare professional services voucher or Grooming Voucher (as the case may be) and instead that portion of the price which was met using the Vetcare professional services voucher or Grooming Voucher (as the case may be) will be credited to your membership account in the form of a new Vetcare professional services voucher or Grooming Voucher (as the case may be) corresponding to the amount paid by the original Vetcare professional services voucher or Grooming Voucher (as the case may be).
11. Termination of Membership
11.1 You are free to leave the Loyalty Programme at any time. Should you wish to leave, you may contact us and ask to deactivate your account, following which your Membership will be terminated. If you terminate your Membership, any accrued APP, rewards, Grooming Vouchers, Frequent Feeder Offers, or other benefits accrued or offered pursuant to your Membership will be forfeited and void and you will have no further entitlements from the programme.
11.2 We may terminate your Membership where:
(a) We have reason to believe that any of the information provided in your application for Membership is incomplete or inaccurate;
(b) We have reason to believe that you have used or attempted to use your Membership for any dishonest or improper purpose or in breach of these terms and conditions; or
(c) You do not use your Membership for a period of 24 months or longer.
11.3 If we terminate your Membership under clause 11.2, all accrued APP, reward, Grooming Vouchers, Frequent Feeder Offers, or other benefits accrued or offered pursuant to your Membership will be forfeited and void and you will have no further entitlements from the programme.
11.4 We may terminate your Membership without cause if we intend to replace the APP Loyalty Programme with a new loyalty programme and we consider that termination of the full APP Loyalty Programme pursuant to clause 12.1 below is not appropriate (including, without limitation, where the new loyalty programme is being rolled out gradually by region or otherwise, which requires the termination of specific individual memberships before the termination of other individual memberships).
11.5 If we terminate your Membership under clause 11.4, you may use any rewards, Grooming Vouchers or other benefits on your account until they expire (except for any entitlement to free delivery when shopping online, which will terminate at the same time that your Membership is terminated).
12. Termination of APP Loyalty Programme
12.1 We reserve the right to terminate the APP Loyalty Programme in its entirety at any time. If the Loyalty Programme is terminated:
(a) We will give notice of termination of the APP Loyalty Programme on our Website; and
(b) You may use any rewards, Grooming Vouchers or other benefits which have accrued before the termination date until they expire (except for any entitlement to free delivery when shopping online, which will terminate at the same time that the APP Loyalty Programme is terminated).
12.2 Where our business is sold, we reserve the right to transfer the APP Loyalty Programme (and your Membership) to the purchaser of our business, and you consent to the disclosure of information about your Membership to the purchaser for those purposes.
13. Liability
13.1 Except for any liability that cannot be excluded by law, Animates (including its officers, employees and agents) excludes all liability (including negligence) for loss or damage; whether direct, indirect, special or consequential, arising in any way out of the APP Loyalty Programme or any Membership associated with the Loyalty Programme, including but not limited to, where arising out of:
(a) any technical difficulties, network failures, virus or equipment malfunction (whether or not under our control);
(b) any loss, theft, unauthorised access or third-party interference with or of APP, rewards and benefits, Grooming Vouchers, Frequent Feeder Offers, or the Membership itself;
(c) any APP, rewards and benefits, Grooming Vouchers or Frequent Feeder Offer that are not properly recorded against a member’s account;
(d) participation in, or termination of, the APP Loyalty Programme.
14. Privacy
14.1 Your personal information is collected to enable us to provide you with the benefits of the APP Loyalty Programme, and to assist us in understanding your purchasing preferences so that we can offer products and services suited to your needs. All personal information provided by you will be held by Animates, in accordance with its obligations under the Privacy Act 1993 and Animates Privacy Policy. Animates Privacy Policy is available on the website. You can contact us at customerservice@animates.co.nz or on 0800 Animates if you would like to access and/or seek correction of your personal information. Your personal information will not be sold to third parties.
15. Governing Law
15.1 These Terms and Conditions are governed by, and construed in accordance with, the laws of New Zealand. The parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand with respect to any legal action, suit or proceeding or any other matter arising out of or in connection with these Terms. Each party irrevocably waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been bought in an inconvenient forum, where that venue falls within this clause.
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