Dell Rewards

These Dell Rewards terms (the “Terms”) are between you ("Member”) and Dell New Zealand Limited (“Dell”), govern your participation in the New Zealand Dell Rewards loyalty program (the “Program”), and set forth all rights, requirements, rules and conditions of your membership and participation in the Program. These Terms are in addition to any other Dell terms that you agree to in connection with your Dell purchases or use of other Dell services. By registering for and participating in the Program, you agree to these Terms, which Dell may update from time to time without prior notice. Dell reserves the right to suspend, modify or discontinue the Program at any time and for any reason and will use reasonable efforts to provide advance notice of any material changes to the Program via Dell My Account (“My Account”) and email. Any information regarding this Program or Rewards (defined below) will form part of these Terms.

Eligibility and Participation Requirements

The Dell Rewards Program and associated benefits are available only to individuals who meet the criteria for Program membership as defined by Dell below.

To qualify for the Program and Program benefits, you must be a Consumer, defined as an individual purchasing for personal or household use, or a representative of a Small Business, as defined by Dell. The following categories are ineligible for Program membership:

1. Minors, as defined by applicable law in your jurisdiction of residence;
2. Representatives of entities that are not Small Businesses, as defined by Dell;
3. Public customers;
4. Resellers.

If Dell identifies that you fall into one of the above categories or that you have otherwise violated these Terms, your membership may be suspended pending further investigation, and you will not receive any benefits or rewards related to the Program until resolved. If Dell, after appropriate investigation, cancels your membership due to a violation of these Terms or other actual or reasonably suspected misconduct or fraud, Dell reserves the right to invalidate any Program benefits earned prior to termination. Dell further reserves the right to deny membership to any eligible customer for any reason.

Without limiting the above, Dell reserves the right, at any time, to verify the validity of Members and to disqualify any Member who tampers with the Program, interferes with Rewards, or undertakes any actions designed to subvert, or is otherwise not in accordance with, these Terms. Failure of the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

To obtain the benefits of the Program, you must maintain a Dell My Account. There is no charge to establish a My Account. If you don’t already have a My Account, an account will be created for you when you register for the Program. Your Dell My Account is where you will receive information about your rewards, including your current rewards balance and rewards expiration dates and other information, including Program updates and opportunities to redeem rewards. Your My Account must remain updated with a valid email address, and you acknowledge that Dell may communicate with you via that email address regarding updates to the Program and your rewards. You acknowledge that all data provided in connection with your My Account and the Program will be collected and used in accordance with Dell’s Privacy Statement. The Privacy Statement also contains information about how you may opt out of marketing, access, update or correct your information, how you can contact Dell and may complain about a breach of applicable privacy legislation, and any overseas transfer of your information. Your name, contact information and transaction history will only be used in relation to your MyAccount and Dell Rewards account. You are responsible for maintaining the security of your My Account and My Account password. This program is a location-based program. If you decide to participate in the Dell Rewards program of multiple locations, you must have or create a My Account in each location using a different email address for each My Account. Dell Rewards accounts are unique to individual email addresses and cannot be combined or transferred.

Earning Rewards

As a member of the Program, you are eligible to earn rewards in a variety of ways, including by shopping directly with Dell at www.Dell.com/en-nz or via phone with a Dell representative, engaging with select Dell content, and other methods that may be communicated by Dell from time to time. Rewards are typically deposited into your My Account within 30 days (usually when your order ships).

You can receive up to 3% of the Dell product purchase price before tax in rewards per transaction for purchases made in the New Zealand online Dell Store at www.Dell.com/en-nz. Rewards are issued in $10 increments. The total amount of rewards that can be earned each Dell fiscal quarter shall not exceed $1,500 in rewards. (The Dell fiscal calendar begins in February.) Rewards can be earned in the following ways:

1. Purchases from Dell. Rewards can be earned on most purchases directly from Dell (excluding purchases from Dell Outlet & Dell Premier and select third-party products and other exclusions as determined and communicated by Dell). The total number of rewards available per product purchased varies. The number of rewards that can be earned per product and total rewards available per order total will be displayed on Dell.com shop pages and in cart and checkout. Not all products are eligible for rewards, and selected products may earn extra rewards as indicated by Dell from time to time.
2. Engagement with Dell. Rewards can also be earned within specified time periods through various methods of engagement with selected Dell content, such as logging in to your My Account, responding to Dell surveys or opting-in to Dell marketing communications. Dell may place limits on the number of times you may earn rewards for such engagements (e.g., Members only earn rewards for one My Account login per week) and these limits will be communicated to Members at the time the rewards offer is communicated.

Certain orders are not eligible for rewards, including but not limited to those placed by resellers, third parties, or as the result of fraud. Dell Outlet and Dell Premier purchases do not qualify for rewards. Dell reserves the right to add, modify or discontinue any rewards earning opportunities any time in its sole discretion.

Rewards Expiration

Rewards expire on the 15th day of the fourth month following the month in which they are earned. For example, any rewards earned in January will expire on May 15 of the same year. Dell will send you monthly notices reminding you of your rewards that are expiring. However, it is your responsibility to keep track of your rewards expiration dates.

Redeeming Rewards

Members must redeem rewards in their shopping cart (if logged in to Dell My Account), or with a Dell sales representative before the applicable expiration date. Rewards can be used/redeemed towards purchases on www.Dell.com/en-nz with a total minimum balance value of $50 after rewards are applied (excluding purchases from Dell Outlet and Dell Premier and select third-party products). Rewards are issued on a promotional basis as part of the Program and have no cash value. They cannot be purchased and cannot be exchanged or redeemed, in whole or in part, for actual money, transferred to third parties or combined with any third-party rewards. Rewards can be used in conjunction with other Dell promotions except where indicated otherwise.

Returned or cancelled purchases will be refunded according to the way they were paid. Any portion of the purchase using rewards will be automatically returned to the member’s rewards balance.

Additional Program Benefits

In addition to being eligible for rewards, Program members may receive access to member-only offers (conditions may apply) and other benefits from time to time, such as events, exclusive content, and member-only discounts. These may be limited time offers and/or targeted based on your expressed interests or level of engagement in the Program.

Membership Cancellation

To cancel your membership, log in to your MyAccount, navigate to Account Setting > Manage Communications. You will be able to opt out of the Dell Rewards program from this page. Please note you will no longer earn rewards on future purchases and access to other program benefits will be removed. If you cancel your membership in error, you can recover your Dell Rewards Account by clicking any Dell Rewards “Join for Free” link on Dell.com and re-registering for the program using the same email address you were previously enrolled with. Any rewards still tied to your account will have maintained their previous expiration dates.

Limitation of Liability

Nothing in these Terms limits, excludes, or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth.) and the Consumer Guarantees Act 1993, as well as any other implied warranties under any similar consumer protection laws in Australia and New Zealand where it is illegal to do so (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Dell (including its respective officers, employees, and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special, or consequential, arising in any way out of the Program.

To the fullest extent permitted by law, in no event will Dell be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Dell has been advised of the possibility of such damages. YOU AGREE THAT DELL’S LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU SPENT ON ELIGIBLE DELL ORDERS AS A PROGRAM MEMBER IN THE LAST 12 MONTHS.

Miscellaneous

• Dell’s failure to enforce a right does not mean that Dell has waived that right.
• Dell may assign its rights under these Terms, but you may not do so.
• These Terms, in addition to any other Dell terms you agree to in connection with your purchases or offers you accept, comprise the entire agreement between Dell and you about your participation in the Program.
• Dell is not responsible or liable for any technical, hardware, software, server, website, or other failures outside our control that prevents you from participating in the Program.
• Dell is not responsible or liable for any technical or other failures which result in additional rewards being added to your My Account in error, and Dell shall have the right to remove such rewards from your My Account at any time and without notice. In the event any purchases are made using such rewards, Dell shall not be liable to honor such purchases.

Governing Law and Jurisdiction; Dispute Resolution

You agree that the laws of the state of New South Wales, Australia will govern any claim or dispute relating to these Terms, the Program, your access to and participation in the Program, or any combination of these items (the “Dispute”). You agree to submit to, and waive any objection to, the personal and exclusive jurisdiction of and venue Courts of New South Wales, Australia. Before you or Dell file any lawsuit regarding a Dispute, you. and Dell will attempt to resolve the Dispute through negotiation or through mediation using a mutually agreeable mediator. You and Dell will treat the existence or results of any negotiation or mediation as confidential. If the parties are unable to resolve the Dispute within thirty days of notice of the Dispute to the other party, the parties will be free to pursue all remedies available at law or equity. Notwithstanding the foregoing, either party has the right, on an individual basis, to seek a temporary restraining order, preliminary injunction, or other equitable relief from a court of competent jurisdiction to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitation periods, or preserve a superior position with respect to other creditors. If you are an Eligible Customer and your claim relates to a purchase from Dell, including any claim related to a Dell product, order or marketing of a product you purchased, your claim is subject to the Dispute Resolution and Binding Arbitration provision in the Dell Consumer Terms of Sale, which requires individual arbitration of claims.