AGREEMENT
By registering on this Website (www.gemselect.co.nz) and activating your GemSelect Card you agree that you have read, understood and accepted these terms and conditions (“Terms of Use”) and agree to be bound by them.
JVC Claims Limited (“JVC Claims”, or “we” or “us”) may change these Terms of Use at any time and any changes will be effective from the time they are posted on the Website or are otherwise notified to you.
These Terms of Use record the entire agreement, and prevail over any earlier agreement between you and us.
GEMSELECT CARD TERMS OF USE
Activation
1. You cannot use the GemSelect Card unless you have registered the GemSelect Card on the Website and provided all the required registration details. Activation of the GemSelect Card can take up to 24 hours before the GemSelect Card can be used at any Participating Retailers for purchases.
2. To register the GemSelect Card you must be the insured party in respect of which your insurance claim has been accepted by your insurer. No other party may register or use the GemSelect Card.
3. The credit balance stored on the GemSelect Card at the date of activation is the insurance claim amount accepted by your insurer (less any excess, unless you have paid the excess to us at the time of registration) and inclusive of GST (“Stored Value”).
4. By registering the GemSelect Card you accept the GemSelect Card and the Stored Value on the GemSelect Card in full and final settlement of your insurance claim with your Insurer. You accept and agree that the Insurer shall have no further liability to you in respect of your insurance claim. This provision is also intended for the benefit of your Insurer under the Contracts (Privity) Act 1992.
Expiration
5. The GemSelect Card expires 12 months after the date of activation and cannot be used after that date. Any unused balances on the GemSelect Card are not transferable and are automatically forfeited.
Purchases
6. The GemSelect Card can be used at any Participating Retailer in New Zealand for the purchase of any retail products in one or more transactions at normal full retail value in aggregate up to the Store Value subject to the Participating Retailer’s approval and to the exclusions and conditions set out in these Terms of Use.
7. Participating Retailers may change from time to time. A full list of current Participating Retailers can be found at www.jvcclaims.co.nz/gemselect.
8. Any unused balance of the Stored Value following any purchase or purchases, remains on the GemSelect Card and can be used at any Participating Retailer for further purchases in aggregate up to the Stored Value up to the expiry date (refer paragraph 5 above).
Exclusions and Conditions
9. The GemSelect Card can only be used to purchase products at the normal full retail value and not for products on sale or discounted unless charged at the normal full retail value.
10. The GemSelect Card cannot be used:
a. To purchase any product or products which in aggregate exceed the unused balance of the Stored Value unless you pay the excess to the Participating Retailer in cash;
b. To purchase any single item of jewellery exceeding a maximum of $5,000 (subject to the Stored Value)
c. To purchase any single watch exceeding a maximum of $2,500 (subject to the Stored Value).
11. Participating Retailers may exclude branded jewellery and watches at their discretion.
12. The GemSelect Card may not be redeemed for cash, and no change will be given following any transaction.
13. No interest is payable to you on the Stored Value.
Returns and Exchanges
14. We do not assume any liability for any defective or faulty products purchased with the GemSelect Card. Contact the Participating Retailer where the product was purchased to make a claim.
Non-transferable
15. The GemSelect Card is not transferable to any other person.
Lost or Stolen Cards
16. You are responsible for protecting the GemSelect Card. No refunds or replacement GemSelect Card will be provided if the GemSelect Card has been used by any other person. We may in our discretion replace a GemSelect Card with any unused balance of the Stored Value, following notification to us of the loss or theft and deactivation of the lost or stolen GemSelect Card. Administration charges may apply.
Privacy Act
17. JVC Claims and holds personal information in accordance with its obligations under the Privacy Act 1993. Information collected from you when registering and through the use of the GemSelect Card will be securely held by us at our offices at Ground Floor, 86 Parnell Road, Parnell, Auckland 1052. JVC Claims may disclose your personal information and information relating to the use of the GemSelect Card to your Insurer or Participating Retailer where you use the GemSelect Card. We may also use your information to provide you with details of our products and services from time to time, which you can opt-out of if you wish. You have the right to access and correct your personal information in accordance with the Privacy Act 1993 by contacting us by email at admin@jvcclaims.co.nz.
General
18. The GemSelect Card is issued by and remains the property of JVC Claims.
19. JVC Claims receives fee from the Insurer and the Participating Retailer for providing the GemSelect Card and processing such GemSelect Card transactions.
20. JVC Claims has no liability to you for:
a. failure of the card payment system; or
b. the failure of any EFTPOS terminal; or
c. the failure of any third party e-commerce payment solutions or provider; or
d. the failure of any network or telecommunications systems; or
e. faulty or defective goods purchased with the GemSelect Card; or
f. any lost or stolen GemSelect Card; or
g. failure to use the full Stored Value prior to expiration of the GemSelect Card.
21. JVC Claims will not be liable for any failure or delay in performing our obligations under these Terms of Use if the failure or delay arises directly or indirectly from a cause reasonably unforeseeable or beyond our control.
22. In no event shall JVC Claims (nor any of its respective officers, employees, subcontractors or agents) be liable to you for any loss of profits, revenue, data or anticipated savings or for any indirect or consequential loss or damage, however caused, arising out of or in connection with the performance or non-performance of these Terms
of Use or your use or non-use of the GemSelect Card.
23. If your insurer ceases to participate in the GemSelect scheme or the scheme is discontinued or terminated, then under certain circumstances your insurer may be entitled to require any unused GemSelect balances to be refunded to your insurer for the purpose of settling your insurance claim in a different manner. In that case, you agree and consent to JVC Claims returning those funds to your insurer on your behalf in substitution of the GemSelect Card and you hereby release and waive any claim you have against JVC Claims in respect of the unused balances, or refund, or cessation of the GemSelect Card or scheme.
24. Your rights and obligations under the Terms of Use may not be assigned, transferred or otherwise disposed of in any way by you. JVC Claims may assign any or all of our rights and obligations under these Terms of Use to any person.
25. These Terms of Use are governed by New Zealand law.