Michael Hill Brilliance Terms and Conditions

In these Michael Hill Brilliance Terms and Conditions, the expressions “Michael Hill”, “we”, “us” and “our” are a reference to Michael Hill Jeweller Limited and its related companies (as defined by the provisions of the Companies Act 1993).

The Michael Hill Brilliance program is our customer loyalty program.

By submitting a membership application, using your membership in-store or online, or by using or attempting to use any Member Benefits, you agree to these Michael Hill Brilliance Terms and Conditions. These terms and conditions must be read in conjunction with any other applicable Michael Hill terms and conditions, such as general terms and conditions, gift card terms and conditions and any terms and conditions applicable to specific Member Benefits. These terms may be notified to you on the Michael Hill website, in member communications we send to you, contained on gift cards or vouchers we provide, or in store.

These Michael Hill Brilliance Terms and Conditions may be updated or amended from time to time, and it is your responsibility to read, understand and periodically check the Michael Hill Brilliance Terms and Conditions on the website, especially before claiming a Member Benefit.

We can be emailed at online@michaelhill.co.nz or write to us at 7 Smallwood Place, Murarrie QLD Australia 4172. We recommend that you keep this information for future reference.

1. Membership

Any individual can apply to be a member if they are a resident of New Zealand and over the age of 18 years old. A membership can only be held by an individual. Michael Hill may (in its absolute discretion) accept or refuse a membership application.

A member may terminate their membership at any time by following the procedure on the online membership account, or by contacting our Customer Care team on 0800 445 590 or online@michaelhill.co.nz. All Member Benefits are forfeited upon termination of the membership account.

2. Application

To become a member, you must fill out the online registration form. It is currently free to join the Michael Hill Brilliance program.

3. Member Benefits

When you become a member, you become eligible to receive a range of benefits (Member Benefits). Members Benefits may include discounts on products, special promotions, member pricing on selected products, offers and gift cards and check these terms and conditions periodically. These benefits may change frequently so we recommend that you read our communications to you. The value of any Michael Hill gift card given as a Member Benefit is subject to change and is at Michael Hill's absolute discretion.

Member Benefits are made available to you personally, and cannot be transferred to another individual, used for a commercial purpose or be redeemed for cash. All Member Benefits, including accrued Member Benefits, are forfeited on termination of a membership or termination of the membership program Michael Hill Brilliance program or on the death of the member.

Where you are eligible to receive Member Benefits in a Michael Hill store, you must provide your details to the store attendant (including your name, email address or mobile number) to claim the Member Benefits.

Where you are eligible to receive Membership Benefits on Michael Hill's online store, you must log into your Michael Hill account before making a purchase to claim the Member Benefits.

Michael Hill reserves the right to change, modify, limit, withhold, deny access to or cancel any of the Member Benefits at any time. This also includes changing the list of participating stores (if applicable). Michael Hill is not required to provide you with notice of changes to the Member Benefits, unless such changes are materially detrimental to all members, or involve introduction of fees and charges, in which case Michael Hill will try to give members reasonable notice on the website or by email.

On occasion, members may be offered benefits from third parties who have a relationship with Michael Hill. These offers are accepted by Michael Hill in good faith as to the appropriateness of the offer for Members and the third party's ability to deliver the offer. Michael Hill accepts no responsibility or liability regarding any offers provided to members by third parties.

4. Membership confirmation

Michael Hill shall be entitled to assume that any person who presents themselves as a member and provides the correct information linked to a membership is in fact the member. Michael Hill is then entitled to act in any appropriate matter regarding membership without taking further steps to verify the identity of the person.

Where Michael Hill has been provided with the correct information linked to a membership, and has acted reasonably, Michael Hill will not be responsible for any activity on the member account (including, but not limited to, the redemption of Member Benefits).

If you know or suspect (or should reasonably know or suspect) any unauthorised or fraudulent use of your membership, you must notify Michael Hill as soon as possible.

5. Exclusions

Member Benefits may be subject to individual exclusions and conditions, such as a minimum spend and duration. These will be indicated to members through Loyalty Program communications on the website.

Member Benefits are for the sole use of the member and must not be used for any commercial or other purpose (including not-for-profit associations).

6. Cancelling your membership

If at any time you would like to cancel your membership, please follow the steps on your online membership account. Alternatively, please contact our Customer Care team on 0800 445 590 or online@michaelhill.co.nz. After you cancel your membership, you are no longer entitled to any Member Benefits, including any accrued Member Benefits. On cancellation of your membership, any unused Member Benefits will be forfeited.

7. How Michael Hill collects, uses and discloses personal information

Our Privacy Policy governs the collection, use and disclosure of your personal information by Michael Hill. We may utilise cookies or other similar tracking technologies which enable us to monitor traffic patterns, trends and to serve you more efficiently. In some cases, cookies may enable us to aggregate certain information with other personal information we collect and hold about you. For example, we may use information previously collected by cookies to assist us to enhance your experience with the Michael Hill Brilliance program.

The Privacy Policy is a compliance document prescribed by law rather than a legal document between two or more persons. However, for the purposes of these Michael Hill Brilliance Terms and Conditions, you acknowledge and agree that:

(a) you have been provided with access to our Privacy Policy;

(b) you have read and understood our Privacy Policy;

(c) you contractually agree to the consents provided by you in the Privacy Policy; and

(d) nothing in the Privacy Policy gives rise to contractual obligations on Michael Hill.

8. Marketing communications

In accordance with the Privacy Policy, by applying to become a member, you agree to receive the following direct marketing communications:

- General Marketing Communications – these include general advertising materials (such as catalogues).

- Loyalty Program Communications – these are communications based on informing members about Member Benefits.

- Product Services Communications – communications relating to services, such as reminders for yearly inspections, or cleaning appointments.

- Administrative Communications – these communications are fundamental to the administration of the program (such as changing passwords etc).

If you wish to opt-out of General Marketing Communications, Loyalty Program Communications and Product Service Communications, you can press the unsubscribe button in these communications. We recommend you do not opt-out of these communications. General Marketing Communications and Loyalty Program Communications are how we communicate Membership Benefits to you. Product Service Communications are how we communicate with you in relation to products you have purchased and services you are eligible for.

Administrative Communications are essential to the Michael Hill Brilliance program. Given that we cannot provide this membership to you without these communications, you cannot opt-out of them.

To the extent of any inconsistencies between these terms and conditions and the Privacy Policy, the Privacy Policy takes precedence.

9. Responsibilities of Members

It is your responsibility to keep your personal contact details up to date by updating them on your online membership profile, visiting us in-store or contacting our Customer Care team on 0800 445 590 or online@michaelhill.co.nz.

If your personal details are not up to date, Michael Hill may not be able to provide you with Member Benefits. Michael Hill accepts no liability if you do not receive any communication (including any Member Benefit), because you failed to keep your membership details up to date.

Any tax, liability, or duty arising from a member's participation in the Membership Program shall be the responsibility of the member.

10. Modifications and updates

We reserve the right to modify these Michael Hill Brilliance Terms and Conditions as our business needs require. We will notify members of any changes by posting an amended version of these terms on our website. The current terms and conditions are those available on the website. Where we consider it appropriate, we may take additional steps to notify you of such changes (whether by direct communication or by posting a notice on our website).

If you do not agree to the changes to the Michael Hill Brilliance Terms and Conditions you may terminate your membership in accordance with section 6.

If you do not agree to our continued use of your personal information due to the changes in our Michael Hill Brilliance Terms and Conditions, please cease providing us with your personal information and contact our Customer Care team on 0800 445 590 or online@michaelhill.co.nz.

11. Michael Hill's rights in relation to the Michael Hill Brilliance program

Michael Hill reserves the right to use its absolute discretion and refuse any application for a Membership.

If in Michael Hill's reasonable opinion, a member has failed to comply with these Michael Hill Brilliance Terms and Conditions, has engaged in dishonest, fraudulent or wrongful conduct, Michael Hill has the right to:

(a) immediately terminate their membership;

(b) reverse any Member Benefits; and

(c) refuse to honour any Member Benefits.

Michael Hill may (if it considers it reasonable to do so) give you notice of intention to terminate your membership, and provide you with an opportunity to rectify the breach (where possible) or provide reasons why your membership should not be terminated. Where you provide reasons why your membership should not be terminated, Michael Hill will consider any reasons you provide (if you provide them) and advise you of its decision.

Where your account has been terminated under this section 11, all Member Benefits related to your account will be terminated.

Michael Hill also reserves the right to terminate the Brilliance program at any time by providing 90 days’ notice on the website and by email to the email address provided by the member, Members must use any Member Benefits within the 90-day notice period, and any Member Benefits not redeemed within that time will be forfeited.

12. Michael Hill's potential liability in relation to the Michael Hill Brilliance program

To the maximum extent permitted by law (in no way limiting a member's rights under relevant consumer law), Michael Hill and its officers, employees, directors and agents exclude all liability for any direct or indirect loss, damages, claims, costs or expenses members may suffer arising out of these terms and conditions, the Michael Hill Brilliance program, and any Member Benefit, including but not limited to:

(a) Member Benefits being unavailable for any reason;

(b) a membership account being suspended or terminated; and

(c) the Michael Hill Brilliance program being terminated.

If a technical failure or store attendant's mistake results in a Member Benefit not being given to a member, the member may contact Michael Hill within 24 hours of the purchase and, at Michael Hill's absolute discretion, receive the appropriate Member Benefit.

12. Feedback

If you have any concerns, complaints or suggestions regarding the Michael Hill Brilliance program, please contact our Customer Care team on 0800 445 590 or online@michaelhill.co.nz.

13. Governing law

To the extent permitted in your local jurisdiction, these terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the Queensland courts and agree that those courts are a convenient forum in which to resolve any dispute arising in relation to these terms and conditions (and any contracts between you and us which arise through your use of this website).

14. General

We are not liable for any failure by us to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason that unenforceable or illegal term or condition (or part thereof) shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms and conditions, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force.