These terms and conditions together with the documents referred to in these terms and the application form you have submitted constitute your agreement with the Louise Perkins Foundation. By using the Vouchers you are deemed to have agreed to these terms and conditions.
In these terms and conditions the following terms have the following meanings:
“Member” means an individual member of the Sweet Louise programme to whom points-denominated vouchers are able to be issued.
“Benefit” means the right to receive certain goods or services which are made available to members in return for the redemption of the prescribed number of points.
“LPF” means the Louise Perkins Foundation
“Member’s Account” means the account opened by LPF in the name of the member to whom vouchers are credited in accordance with these terms and conditions.
“Participating Providers” means those retailers or service providers that LPF may advise members from time to time, have agreed to provide benefits to members in return for points.
“Points” means the unit of measure of value provided to members by LPF which is redeemable in the purchase of benefits.
“Points Summary” means a statement sent to a member setting out the opening and closing points balance and the points debited and credited to the member’s account.
“Programme” means the programme established by LPF to assist patients suffering from metastatic breast cancer with support
“Voucher” means vouchers issued to members allocating certain points to that member for them to use.
“Sweet Louise” is the brand name under which the programme is offered.
1.2. Headings are inserted for convenience only and do not affect the interpretation of these terms and conditions.
Confirmation of eligibility for Sweet Louise services will automatically result in the eligible person becoming a member of the Louise Perkins Foundation programme.
Membership is free.
An individual may not have more than one membership.
Only individuals who have completed and submitted LPF’s specified application form and have been diagnosed with incurable breast cancer may be members of the programme.
LPF may verify the details contained on the application form before it grants membership to an applicant and issues vouchers to that applicant. By completing the application form the applicant authorises LPF to verify the information contained in the application, including contacting medical advisors to obtain details of the applicant’s health and wellbeing, disclosing information in that application form to medical advisers and the medical advisers discussing information about your health and wellbeing to LPF.
It is the intention of LPF to extend membership to all eligible individuals. However LPF may refuse any application for membership of the programme without having to give any reasons for such refusal.
As soon as practicable following verification of an applicant’s application form details and acceptance of the applicant as a member, LPF will provide the vouchers in the manner prescribed.
Points – Use and Renewal
Vouchers will have a nominal points value.
Each member will be allocated a number of points for use within a specified time.
The number, denomination and period of issue of further vouchers may change from time to time without notice from LPF.
The vouchers are personal to a member and will have that member’s name printed on them. A participating provider may refuse to provide benefits to a member if the member does not have satisfactory photo identification at the time the member redeems the voucher.
Points and any rights which LPF may confer on a member cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these terms and conditions. Points have no cash or monetary value.
The vouchers have an expiry date on them. The services must be booked and used before that expiry date. Upon expiry the points on the expired voucher will be deducted from the member’s account. Expiry of a voucher before it is redeemed will not entitle the member to a replacement voucher.
To redeem points, the member must approach a participating provider and notify them that they wish to receive the relevant benefit offered by that participating provider in exchange for vouchers. The number of points required to receive the benefits will be that number of points advised by the participating provider. The member must provide to the participating provider the appropriate number of vouchers to meet or exceed the points required by the participating provider for the benefit received.
If the voucher presented to a participating provider is of greater points value than the stated points value of the service provided to the member, the participating provider is not obliged to increase the scope of the service or issue a refund in either points or cash.
Where a member offers a voucher of insufficient value for a benefit, the participating provider is not required to provide the benefit.
LPF may, from time to time, forward a points summary to the member setting out the opening and closing points balance, together with any points credited to and debited from the member’s account during the relevant period.
A member who does not agree that a points summary is correct must notify LPF within 30 days of the date of the relevant points summary. Otherwise the points summary will be taken to be correct and binding on the member. LPF’s final decision on the accuracy of any points summary is binding.
The number of points used in claiming a benefit will be deducted from the points balance of the member’s account.
While LPF takes reasonable care in selecting participating providers LPF is not able to fully assess the quality of the all of the benefits offered or provided by participating providers or whether they are appropriate for all or any members.
Members should exercise their own discretion in ascertaining whether a participating provider and the benefits that provider is to offer are appropriate for them. The terms on which benefits are provided by a participating provider will be that participating provider’s standard terms of supply.
Members acknowledge that LPF is merely facilitating a means by which members are able to receive benefits without having to pay for those benefits on one or more occasions. To the extent permitted by law LPF accepts no liability for:
the refusal of a participating provider to accept vouchers; or
any loss, injury or damage arising from the provision or non-provision of any benefits by a participating provider.
Variations to Programme
LPF reserves the right to change these terms and conditions, and the range and number of participating providers at any time. LPF will attempt to notify members of any change but is not liable for failure to do so.
LPF will be deemed to have notified members of any change to the terms and conditions and or the range of participating providers by posting the revised terms and conditions and list of participating providers on our website www.sweetlouise.co.nz. Members will be deemed to have accepted the changes if, after LPF has given notice, the member continues to try to redeem those vouchers.
Website Terms and Privacy Treatment
Any information received about members will be held in a database by LPF and will be made available to the Sweet Louise Support Coordinator. The information may also be used by LPF for planning, service development and research and to endeavour to ensure that the programme continues to fully meet the intended purposes for which it was established.
Each member authorises LPF to:
access and verify the information contained in the member’s application form;
access information from each participating provider as to any transactions resulting in points being redeemed; and
access any information contained in the database mentioned in 6.2 above
LPF gives no warranties about the continuing availability of this programme. LPF may suspend or terminate the programme at any time immediately upon giving notice. If this programme is suspended or terminated LPF will not be liable to provide any compensation for points that have not expired at the time of termination or points that expire during the term of suspension.
LPF may terminate a member’s membership in the programme without notice for any reason including if the member:
breaches these terms and conditions;
abuses any privilege accorded under the programme; or
supplies any misleading information or makes any misrepresentation to LPF or to any participating provider in connection with the programme
A member may terminate his or her membership at any time by giving written notice to LPF.
The points balance in the member’s account is cancelled upon termination of a membership.
Exclusion and Limitation of Liability
All conditions and warranties, whether express or implied and whether arising under statute or otherwise, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under the programme are expressly excluded to the fullest extent permitted by law.
Subject to paragraph 8.1, any liability that LPF may have to a member is limited:
in the case of any points claim to crediting that number of points to the member’s account;
LPF is not liable for:
any failure of a member to notify a participating provider that a purchase is a transaction for which they propose to redeem points;
the suspension or termination of the programme including any points in a member’s account at the time of suspension or termination;
any loss of or unauthorised use of any vouchers.
Participating providers have no authority to make any representation, warranty or statement on behalf of LPF and LPF accepts no liability in respect of any such representations, warranties or statements.
LPF will be deemed to have given notice to all members by posting the notice on LPF’s website www.sweetlouise.co.nz
LPF will be deemed to have given notice to an individual member:
immediately upon sending an email or fax to that address set out in the member’s application form or such other address as the member may advise LPF of;
immediately upon giving that notice in person or over the telephone;
two days after having sent by post to the address set out in the member’s application form or such other address as the member may advise LPF of.
If at any time LPF does not enforce any of these terms or grants a member time or other indulgence, LPF will not be construed as having waived that term or its rights to later enforce that or any other term.
If any portion of these terms and conditions is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
these terms and conditions will be governed by New Zealand law and will be subject to the exclusive jurisdiction of the New Zealand Courts.