Terms & Conditions

Zouki Smart Loyalty Card Agreement

The following Zouki Smart Card Agreement describes the terms and conditions that apply to your Zouki Smart Loyalty Card (‘the agreement”). With this pre-paid card, Zouki extends the opportunity to the customer (‘’you’’) to benefit from loyalty promotions. The agreement is divided into two parts. Part One describes the terms that apply generally to the Zouki Smart Loyalty Card. Part Two contains important legal terms and conditions, including our mutual agreement to mediate disputes and how Zouki may make changes to this agreement. By using your Zouki Smart Loyalty Card, you agree to the terms of this Agreement. Please keep a copy of this agreement for your records.

Part One: Zouki Smart Loyalty Card General Terms:

About your account, Zouki Purchases Only The Zouki Smart Loyalty Card is issued to you by Zouki Nominees Pty Ltd (‘’Zouki’’). It allows you to load a dollar value onto your Zouki Smart Loyalty Card for future purchases at participating Zouki Outlets. The dollar value that you load onto your Zouki Smart Loyalty Card is a pre-payment only for the goods and services of participating Zouki outlets. The Zouki Smart Loyalty Card is to be treated like cash. No credit card, credit line, overdraft protection or deposit account is associated with a Zouki Smart Loyalty Card. Unless otherwise required by law or permitted by this agreement, any amount on your Zouki Smart Loyalty Card is non-refundable and may not be redeemed for cash. No interest dividends, or any other earnings on funds deposited to a Zouki Smart Loyalty Card will accrue or be paid or credited to you by Zouki. The value associated with the Zouki Smart Loyalty Card is not insured or guaranteed by any person or entity. For an up-to-date list of outlets that accept the Zouki Smart Loyalty Card in Australia go to www.zouki.com.au. Zouki (“we”) reserve the right not to accept any Zouki Smart Loyalty Card (whether in an Australian or overseas location) or to otherwise limit the use of a Zouki Smart Loyalty Card for any reason including, for example, if we reasonably believe that the use is unauthorised, fraudulent, or otherwise unlawful.

Loading Value on Your Card

In Australia, you can load a dollar value on the Zouki Smart Loyalty Card by using a credit card, debit card or cash at any participating Zouki Location. You may not load more than $1,000 worth of value to your Zouki Smart Loyalty Card. The minimum amount that must be loaded onto your Zouki Smart Loyalty Card is $10.00. Zouki may change these amounts at any time by notifying you at the point of sale, or by phone when you call 03 9320 9666.

Fees

Zouki does not charge any fees for the issuance, activation or use of your Zouki Smart Loyalty Card. Postage Fees may be applicable if you wish to arrange for delivery to your address upon application. Receipts and Statements Cardholders are not sent statements of itemised transactions from a Zouki Smart Loyalty Card. You can check the balance of your Zouki Smart Loyalty Card or review recent transactions on your Zouki Smart Card by calling 03 9320 0666. You will need to have your Zouki Smart Card available in order to access your account. The account balance for your Zouki Smart Loyalty Card also will appear on your receipt from a point-of-sale register. When you use your Zouki Smart Loyalty Card and will provide the remaining balance of your Zouki Smart Loyalty Card. You should keep your receipts to ensure your account balance is correct.

Complaint Handling

We reserve the right to correct the balance of your Zouki Smart Loyalty Card if we believe that a clerical or accounting error has occurred. If you have any questions or concerns regarding your Zouki Smart Loyalty Card you may contact us by phone at 03 9320 9666 or via email at info@zouki.com.au. Please include your name, Zouki Smart Loyalty Card number, contact information and a description of the complaint or disputed transaction. Within thirty (30) days, we will conduct an investigation, tell you the results and correct any error that we verify. We shall have no liability to you for any accounting error unless you provide us notice within sixty (60) days of the date of transaction in question. You should monitor your transactions and account balances closely.

Part Two: Important Legal Terms:

Changes to this Agreement We may amend the terms of this agreement at any time, including any rights or obligations you or we have by giving you thirty (30) days prior written notice. We will give you written notice by posting the terms of the modified Agreement in our outlets and on our website. As permitted by applicable law, any change addition or deletion will apply to your future and existing Zouki Smart Loyalty Cards. You are deemed to accept the changes, additions, or deletions if (1) you do not notify us to the contrary in wringing within thirty (30) days of the date of our-notice, or (2) you use you Zouki Smart Loyalty Card after the expiry of the notice period. If you do not accept the changes additions or deletions, your Zouki Smart Loyalty Card will be cancelled and any amounts remaining on your Zouki Smart Loyalty Card will be refunded to you.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of Victoria and you and Zouki submit irrevocably and unconditionally to the non-exclusive jurisdiction of the Courts of Victoria.

Disclaimers and Limits of Liability

To the extent permitted by law, Zouki its affiliates and suppliers make no representations, warranties or conditions of any kind, express or implied, with respect to the Zouki Smart Card Loyalty Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance Zouki does not represent or warrant that your Zouki Smart Loyalty Card will always be accessible or accepted. To the extent permitted by law, if in the event that Zouki, its affiliates and suppliers are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Zouki Smart Loyalty Card. Zouki, Its affiliates and suppliers shall have no liability for any incidental, indirect or consequential damages (including without limitation loss or profit, revenue and use) arising out of or in any way connected with this agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. IN the event shall Zouki, its affiliates, and suppliers have any liability for unauthorized access to, or alteration, theft or destruction of a Zouki Smart L:oyalty Card through accident, misuse, or fraudulent means or devices by you or any third party, or as a result of any delay, mistake resulting from any circumstances beyond or control.

Certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted, or modified except to a limited extent. This agreement must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are able to do so, our liability under those provisions will be limited, at our option to: (1) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and (2) in the case of the services, the supplying of the services again; or the payment of the cost of having the services supplied again.

Assignment

We may assign all or part of this agreement without notice to you and without such assignment being considered a change to the Agreement. We are then released form all liability to the extent permitted by law. The assignee shall have the same rights and obligations as the assigner and shall agree in writing to be bound by the terms and conditions of this Agreement.

Entire Agreement; Construction

This agreement is the complete and exclusive statement of agreement between you and Zouki and supersedes and merges all prior proposals and all other agreements. If in any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.

Enquiries or Questions

If you have any questions regarding this Agreement or your Zouki Smart Loyalty Card, please email us at info@zouki.com.au or call 03 9320 9666.

Zouki Smart Loyalty Card Complaint Handling Policy

Zouki is committed to delivering the very best in service and quality. To this end, Zouki encourages feedback from its customers, both positive and negative, and wants to make providing feedback as easy as possible for its customers. The goal of Zouki’s complaint handling policy is to establish procedures and processes designed to be efficient, fair, and accessible to all Zouki customers. Consumer complaints may be directed to Zouki either by phone or email. Written communications which raise issues involving serious customer service issues will initially be responded to within two business days and general requests for information will be initially responded to within five business days. All issues regardless of the form of communication, if not immediately resolved will be investigated and resolved and the resolution communicated to you within thirty days from receipt of your complaint or enquiry. Zouki will continuously monitor and track customer complaints related to the Zouki Smart Loyalty Card as well as its own service level commitments. Processes and procedures will be regularly reviewed in an effort to improve the quality of customer service and Zouki’s ability to meet customer service expectations.