Terms & Conditions
Welcome to MightyGem!

Here are the terms (Terms) that we need you to agree to in order to use the website MightyGem.com (the Website), and become a MightyGem Member.

MightyGem (we, us) provides the benefit of becoming a member of MightyGem. When you click "I agree” on the membership registration page you agree to be bound by these Terms. We reserve the right to change, alter or modify these Terms at any time and will update you of this by sending you a note to the contact details you have advised us of on registration or any update or these that you have advised us of and by updating the "last updated" notice beside the link to these Terms. If after we have done this you do not advise us that your wish to terminate your membership with MightyGem, then you agree to be bound by the amended Terms. You should check from time to time to see if these Terms have changed or not.

  1. Access to Services
    1. Becoming a MightyGem Member is intended for use only by people who are at least 13 years of age. By accepting these Terms you are representing that you are at least 13 years old. If you are between the ages of 13 and 18 and your parent or guardian has any questions about your use of the Website, please ask him or her to contact us at info@MightyGem.com.
    2. You will be responsible for:
      1. ensuring that any username and password (MightyGem Login) required to access MightyGem is kept secure and confidential and not revealed to any other person. Any instruction issued using your MightyGem Login will be deemed to be an instruction by you and may be acted upon accordingly until you notify MightyGem otherwise;
      2. notifying MightyGem immediately of any unauthorised use of the MightyGem Login or any other breach of security. Upon your notification, MightyGem will cease to rely on that username and password.
  2. Registration
    1. When you sign up to MightyGem you will provide MightyGem with certain information (including your email address and name). You may also be asked to enter optional personal information such as age, sex, mobile phone number. By entering such it will give you the ability to use a broader range of features.
    2. Where you are a Facebook member we may offer you the option of logging in with your Facebook membership details. Where you choose this option then you will remain bound by the terms of Facebook when you are using them and you provide us with the authority to copy your Facebook membership details to MightyGem.
    3. You confirm that all information provided at the time of registration:
      1. is current, complete and accurate information at the time provided by you and you agree to maintain and update this information as necessary; and
      2. may be used by us to verify the accuracy of the information (including by contacting you).
    4. Where you agree to receive comms from MightyGem, MightyGem may use the information provided by you at registration to send you information about MightyGem.
  3. Charges
    1. MightyGem charges MightyGem Businesses for services it provides to them. These charges may in some circumstances be connected to interactions made with their customers and the success of the Offers made using the services MightyGem provides to them.
  4. The Roles of MightyGem and MightyGem Businesses
      MightyGem’s responsibilities
    1. MightyGem will have access to the information you provided at registration, your response to Comms and Offers, purchases and other habits. MightyGem is responsible for maintaining all such information it collects about you in compliance with its Privacy Policy and for the security of that information.
      MightyGem Businesses' Responsibilities
    1. You acknowledge and agree that each MightyGem Business is responsible for:
      1. the goods and services that it offers, and the description of those goods and services on the Website and otherwise;
      2. the Comms, including Offers and other promotions, issues to Merchant Customers.
      3. the terms of its promotions (if any) and the description of such promotions on the Website; and
      4. for making sure that its product and service descriptions, its Comms, its promotions, the products and services it provides, and its business are all in compliance with applicable law.
  5. Termination of Right to use the Services
    1. You or we may terminate this agreement at any time. Without limiting the foregoing, we have the right to immediately terminate your member account in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of a failure by you to comply with any of these Terms.
    2. Where MightyGem terminates this agreement, then MightyGem will remove your information from use in the services provided to MightyGem Businesses.
    3. Where MightyGem terminates your membership to MightyGem, it will not be responsible or liable if this impacts on your ability to redeem promotions from any MightyGem Business.
  6. Liability
    1. You agree to indemnify and hold us and our officers and employees (MightyGem Representatives) harmless from any claims, actions, costs (including legal costs) or losses by us or any third party due to or arising out of:
      1. reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your account details (including your username and/or password) or any instruction given by you or actions taken by you;
      2. your breach of any of these Terms; or
      3. any conduct of yours or any transaction entered into by you that does not comply with the relevant law.
    2. You acknowledge and agree that:
      1. MightyGem make no warranties that the Website will meet your requirements or that the Website will operate uninterrupted, secure or error–free;
      2. MightyGem or MightyGem Representatives will not have any liability, on any legal basis whatsoever, to you or any third person for any indirect, special, exemplary, incidental or consequential damages, including but not limited to damages for loss of profits, use, data or other intangibles, arising out of or related to your use of the Website.
      3. MightyGem is not responsible for the acts or omissions of any MightyGem Business and, to the extent permitted under applicable law you hereby release MightyGem from any and all claims or liability related to or arising from the acts or omissions of any MightyGem Business.
  7. Privacy
    1. Please refer to the Privacy Policy for further conditions relating to your personal information, what we collect and how it may be used. By continuing to use this Website you agree to the terms of such Privacy Policy.
  8. Resolution of Disputes
    1. If you have a complaint or a dispute with MightyGem or a MightyGem Business, our goal is to learn about and address your concerns promptly. If we are unable to do so to your satisfaction, we want you to have a neutral and cost effective means of resolving the issue quickly. Any complaint or dispute you may have:
      1. that involve MightyGem may be reported to MightyGem via e-mail at info@MightyGem.com.
      2. with regard to a MightyGem Business with respect to the services or the products or services offered by the MightyGem Business should be reported directly to the MightyGem Business.
      3. Where any dispute arises between you and another member another user of the Website or a MightyGem Business in relation to any usage of the Website (including in relation to any Content posted or transmitted) you agree to act in good faith in relation to that other user to use your best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.
  9. Severability
    1. If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
  10. Law
    1. These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.