DINERS CLUB CARD TERMS AND CONDITIONS

These Terms and Conditions dated 1 July 2003; replace all previous Terms and Conditions issued.

IMPORTANT: Before you use your Diners Club (NZ) Limited Card (the "Card"), please read these Terms and Conditions thoroughly. If you retain or use the Card, you will be agreeing to these Terms and Conditions, and they will govern your use of the Card. If you do not wish to accept these Terms and Conditions, please cut the Card in two and return the pieces to us as soon as possible.

DEFINITIONS

• 'Account Holder' means the person, firm or company who applies to Diners Club for the issue of a Card or Cards  (whether to themselves and / or others) and in whose name an account is established and an account number allocated.
• 'Business Card' means a Card designated as a Business Card by Diners Club.
• 'Buy Now Pay Later' is a deferred credit payment service offered by Diners Club, on application, to personal Card Holders.
• 'Card' means
  1. in the case of the Main Cardmember, the Main Card and any or all Double Card(s) and Supplementary Card(s) issued at the request of the Main Cardmember, and
     
  2. in the case of the Supplementary Cardmember, each Supplementary Card issued to him or her.
• 'Charge' means a transaction made or charged with the Card, whether or not a Record of Charge form is signed, and also includes fees, Penalty Service Charges, taxes and all other amounts you have agreed to pay us or have agreed to be liable for under these Terms and Conditions.
• 'Club Rewards Main Member' means a Club Rewards Member who has a Club Rewards Points account established in their name.
• 'Club Rewards Partner' means participating points redemption provider as communicated from time to time by Diners Club.
• 'Club Rewards Partner Programme' means the incentive programme offered by a Club Rewards Partner to its customers.
• 'Club Rewards Points' means the credits accumulated by Club Rewards Members under the Club Rewards Programme.
• 'Club Rewards Programme' is the incentive programme offered by Diners Club to its Members to reward them for their spending on the Card.
• 'Club Rewards Supplementary Member' means a Club Rewards Member who is permitted to join in conjunction with a Club Rewards Main Member.
• 'Cobrand Partner' is a company or organisation that has their logo on the Card and has special benefits for their Members, including reduced fees and Merchant offers.
• 'Double Card' is any separate Card issued at the request  of and on the account of the Main Cardmember for the Main Cardmember’s personal use.
• 'Eligible Expenditure' means all bona fide charges incurred on a Diners Club Card by a Club Rewards Member for goods or services but expressly excludes automatic teller machines, cash advances, travellers cheques, foreign cash, Membership and related fees, including Signature subscriptions, penalty service fees, unauthorised charges and any other charges or transactions of a category selected by Diners Club from time to time. Any questions as to what constitutes eligible expenditure shall be resolved at the sole discretion of Diners Club.
• 'Main Card' means the Card issued for the Main Cardmember’s personal use.
• 'Main Cardmember' means the Account Holder who has been issued with the Card.
• 'Merchant' means a business or organisation that accepts the Card.
• 'Penalty Service Charge' means a charge levied against an account which is overdue.
• 'Personal Card' means a Card designated as a Personal Card by Diners Club.
• 'Supplementary Card' is a separate Card issued to another individual at the request of and on the account of the Main Cardmember.
• 'Supplementary Cardmember' is the holder of a Supplementary Card.
• 'we', 'our', 'us' and 'Diners Club' refer to Diners Club (NZ) Limited.
• 'you' and 'your' mean the individual named on the Card.

1. FEES

Current rates and fees can be confirmed by calling 0800 346 377.

Other Fees:
Foreign Cash Advance, Travellers
Cheques and Domestic Cash Advance Fee: 4%
Penalty Service Charge: 3.5% flat rate (monthly) on late balance outstanding
Overseas Currency Conversion Charge: 2%
Buy Now Pay Later Rate: 22%

Diners Club reserve the right to charge a fee for Requests for Statements, Lost or Stolen Cards and dishonour or reversal of any payments.

2. SECURITY

• Signing the Card.
  For identification and to prevent misuse, you agree to sign each Card issued to you as soon as you receive it and before using it.
• Use and Storage of Cards and Personal Identification Numbers (PINs).
  You agree to take all reasonable care:
  1. when using your Card: and
  2. to store your Card in a safe and secure manner.

Your PIN will follow after your Card(s) has been despatched. You agree to keep your PIN confidential and not disclose it to any other person including all Diners Club staff. You must not keep a written record of your PIN on your Card(s) or anywhere else otherwise you will be held liable for any transactions, even if they are carried out by an unauthorised person.

Once you have told us that your Card has been lost or stolen, or your PIN disclosed, you will be liable to pay no more than $50 of any loss that happens before you notify us. 

This $50 limit will not apply:

• if you have kept a written record of your PIN on or with your Card, or if you have kept it in a form that can be readily identified as a PIN.
• if you have disclosed your PIN to anyone, whether family or those in apparent authority including Diners Club staff, or let them use your Card.
• if you have unreasonably delayed notifying us that your Card has been misplaced, lost or stolen, or that your PIN has been disclosed.
• if you or a Supplementary Cardmember have acted fraudulently.

Where a Supplementary Card has been stolen or lost or the PIN has become known to someone else the Main and Supplementary Cardmember(s) only will be liable in terms of these Conditions. In the event that these provisions are breached, your maximum liability for loss caused by that breach shall be the lesser of the actual loss at the time of notification, or the maximum amount of cash you would have been entitled to access over the relevant period.

• Security Identification.
  You will be required to provide suitable identification when you are requesting any account information.

3. CARDMEMBER LIABILITY

Personal Card

1. If you are the Main Cardmember, you are liable to us for all Charges on the Main Card(s), any and all Double Card(s) issued to you, and any and all Supplementary Card(s) issued at your request and you agree that all of these Card(s) will be used in a manner consistent with these Terms and Conditions.
2. If you are a Supplementary Cardmember, you are jointly and severally liable with the Main Cardmember for all charges incurred by or arising from the use of the Supplementary Card issued to you at the Main Cardmembers request.

Business Card

Your liability for payment in relation to Business Card(s) is as follows:

1. You are solely liable for payment where you are the Main Cardmember and there are no additional Cardmembers.
2. You are solely liable for payment of charges incurred by you when a Business Card(s) has been issued to you as an additional Cardmember at the request of the Account Holder on the basis that the Account Holder has no liability for these charges.
3. Where you are the Business Card Account Holder and a Business Card has been issued to an additional Cardmember on the basis that the additional Cardmember is to be solely liable for payment of charges, your liability will be for payment of fees only.
4. Where a Business Card has been issued to an additional Cardmember on the basis that the Account Holder and you are liable for payment of charges incurred by you as the additional Cardmember, you will be jointly and severally liable with the Account Holder for all such charges.
5. Where you are the Business Card Account Holder and a Business Card has been issued to additional Cardmembers on the basis that the Account Holder is liable for payment of charges incurred by those additional Cardmembers, the Account Holder will be jointly and severally liable with each additional Cardmember for all such charges incurred by each additional Cardmember.
6. Where you are a partner of a firm that is an Account Holder, general partnership law will apply to govern your liability.

4. LIABILITY FOR CHARGES – IMMEDIATE PAYMENT

1. All Charges including Charges from Supplementary and Double Cards which are listed separately on the Main Cardmember’s Account are due and payable to us immediately upon receipt by the Main Cardmember of the monthly statement.
2. You shall be deemed to have received each monthly billing on the seventh day following its despatch by us or upon its actual receipt, whichever is the earlier.
3. Your obligation to pay Diners Club applies whether or not you have received a statement of the amount due. You must pay us in New Zealand dollars, however, there is provision for payments to be made at other Diners Club franchises worldwide.
4. You become immediately responsible for payment to Diners Club of the amount of any charges incurred by use of a Card for which you are liable, regardless of the method of transaction.
5. In the event of non-payment of the amount of any charges incurred by use of a Card for which you are liable, Diners Club reserves the right to disclose such information to appropriate third parties for the purposes of collection of such debt.
6. If you are the Club Rewards Main Member, you will receive a Club Rewards statement if eligible activity on related Cards has occurred during the previous month.
7. Club Rewards Points are only available for redemption in respect of Eligible Expenditure if all expenditure on the Card (whether by you or other Cardmembers) has been paid in accordance with these Terms and Conditions.
8. If any payment in respect of Eligible Expenditure is dishonoured or reversed then any Club Rewards Points allocated in respect of such expenditure will be forfeited.
9. You may not redeem Club Rewards Points if any Card held by you or any other person entitled to redeem the Club Rewards Points is overdue for payment.
10. There will be joining and annual Card fees as determined by Diners Club. There will be a fee to join the Club Rewards Programme.
11. There may be charges for services such as replacement statements and lost / replacement Card(s).

5. TRANSACTION ENQUIRIES

1. If you have any query with your monthly statement, please contact us immediately.
2. Subject to Diners Club discretion, a temporary hold will be placed on the disputed portion of the transaction(s), pending resolution.
3. You agree to provide us with a written confirmation or statement regarding your dispute if we so request. If after investigation of your query we determine that you are responsible for the Charge, and you continue to dispute that determination, we may still charge the amount to your account, and if you fail to pay, such failure to pay may be recorded with any credit agencies, as provided for in Clause 4 (v).
4. We are not responsible for any service, such as insurance or travel offered by a third party and governed by a separate agreement between you and the third party. You must raise any claim or dispute directly with the Merchant or supplier concerned or any other third party and you will not withhold any payment to us because of such claim or dispute.
5. Except as required by law, we are not responsible for goods and services charged with the Card, or if a Merchant refuses to accept the Card.

6. OVERSEAS CHARGES

1. You must comply with the law and any exchange regulations applying to the use of your Card overseas.
2. Overseas charges must be paid to Diners Club in New Zealand (and will be converted to New Zealand dollars at the time Diners Club receives them, using a selling rate quoted by a bank to be selected by Diners Club), plus an overseas currency conversion charge.
3. Where common carriers (e.g. airlines) make their own foreign exchange conversions before billing Diners Club, you are liable to pay the amount for which Diners Club is billed.
4. If the common carrier has converted the cost of the transaction into a currency other than New Zealand dollars Diners Club will convert the amount by which it is billed into New Zealand currency in the manner set out above.

7. USE OF THE CARD

1. You may only use the Card within the validity shown on its face and in accordance with these Terms and Conditions.
2. The Card must only be used by the person named on it.
3. If you allow others to use your Card for any purpose, you will be liable for all transactions incurred.
4. You must not return any goods, tickets or services obtained with the Card for a cash refund, but you may return them to a Merchant for credit to your Card account, if that Merchant agrees or is obliged to do so.
5. You shall not obtain a credit to your account for any reason other than as a refund for goods or services previously purchased with the Card.
6. You must not use the Card if you do not honestly expect to be able to pay your account in full on receipt of your monthly statement or if a petition for your bankruptcy is issued, unless the petition is no longer in force.
7. You acknowledge and agree that we have the right to refuse authorisation for any Charge without cause or prior notice, and that we shall not be liable to you or anyone else for loss or damage resulting from such refusal.

8. CLUB REWARDS PROGRAMME

1. Club Rewards is an optional rewards programme, which you must indicate that you wish to join.
2. As the holder of a Card you are eligible for Membership of Club Rewards providing you are not a Company Main Account; or your company, cobrand partner or Diners Club has not requested a specific exclusion.
3. In the case of all eligible Business Cardmembers, you will accumulate Club Rewards Points separately from other Cardmembers under the Business Account.
4. In the case of Personal Card(s) you may only join as a Club Rewards Supplementary Member if the Club Rewards Main Member is a Member of your immediate family.
5. Club Rewards Programme is based on a points system in which two Club Rewards Points are accumulated and credited to your Club Rewards account for every one complete New Zealand dollar of Eligible Expenditure on the Card(s) linked to your Club Rewards account.
6. Only one Club Rewards account will be established for each Club Rewards Main Member. You can designate to which Club Rewards account your Club Rewards Points are to be credited provided that Club Rewards account is held by a Member of your immediate family.
7. You or any other person who is permitted to have their Club Rewards Points credited to the same Club Rewards account may redeem Club Rewards Points subject to these Terms and Conditions. Diners Club does not accept responsibility for the division of Club Rewards Points of the Club Rewards Account.
8. Club Rewards Points redemption is subject to minimum Club Rewards Partner redemption restrictions.
9. Redeemed Club Rewards Points are not reversible.
10. Diners Club may at its discretion from time to time offer bonus Club Rewards Points for a limited period or in relation to particular expenditure. If in relation to any particular Eligible Expenditure you might be eligible for two or more different bonus Club Rewards Points offers, you will receive credit for the offer most beneficial to you, but you may not accrue the aggregate of Club Rewards Points under all special Club Rewards Points offers.
11. By separate agreement with each Club Rewards Partner, Diners Club has developed and will continue to develop a Club Rewards Points conversion ratio. Such ratios will vary from Club Rewards Partner to Club Rewards Partner and may be changed by Diners Club. Diners Club will from time to time publish and provide you with details of such conversion ratios.
12. If you obtain a transaction credit from Diners Club on your monthly Card statement then the Club Rewards Points accumulated in respect of the credited transaction will be reversed.
13. Your enrolment in the Club Rewards Programme can be cancelled and the Club Rewards Points you may have accumulated will be forfeited due to your or the Supplementary Cardmembers failure to adhere to the Terms and Conditions governing the Card Account or the Club Reward Programme.
14. Club Rewards Points cannot be redeemed for cash.
15. Club Rewards points can only be redeemed when the account is in good standing.
16. The list of Club Rewards Partners participating in the Club Rewards Programme is subject to change and may be amended without prior notice to you.
17. Diners Club reserves the right to change the format or elements of the Club Rewards Programme.
18. Diners Club reserves the right to end the Club Rewards Programme on three months notice to you.
19. Club Rewards Points have no cash value and may be redeemed only in accordance with these Terms and Conditions.
20. Except in accordance with these Terms and Conditions, you may not transfer Club Rewards Points to another Club Rewards account.
21. Diners Club will not accept responsibility for, nor any liability in relation to any dispute concerning goods or services received from any Club Rewards Partner. Any such dispute must be directly resolved between the Cardmember and the related Club Rewards Partner.

9. LATE OR PART PAYMENTS

1. Diners Club reserves the right to accept part/late payments without prejudice to our full legal rights.
2. Unless otherwise required by law, we may apply part payments to any of your outstanding Charges as we may choose.

10. STANDING ORDERS

In the case of standing orders, upon:

1. Cancellation of your Card it is your responsibility to notify any Merchant that any further transactions are no longer authorised
2. Loss or theft of your Card, it is your responsibility to notify any Merchant that any further transactions must be charged to the replacement Card number.

However, this does not preclude your liability to Diners Club for any such charges.

11. RENEWAL CARDS

You and any Supplementary Cardmember will be issued with a renewal Card whenever the current Card expires and you agree to pay the annual Card fee unless you advise us in writing of your wish to no longer use a Card and return the current Card to us cut in two.

12. LOST, STOLEN OR MISUSED CARDS
(Telephone 0800 657 373 or +64 9 359 7797 from overseas)

1. You must notify us immediately if the Card is lost or stolen or if a renewal Card has not been received or if you suspect that someone else is using the facility.
2. You will not be liable for any fraudulent Charges made after we receive notice, and in any case your maximum liability for unauthorised Charges shall be limited to $50.00 provided that neither the Main nor the Supplementary Cardmember has been in any way involved in or benefited from the fraud, theft or misuse of the Card(s).

13. CHANGES OF PERSONAL INFORMATION

1. You must notify us immediately of any change in your personal details including name, address, and telephone numbers.
2. If you are permanently moving to another country that has a Diners Club franchise, you are required to apply for new Membership in that country and relinquish your New Zealand Diners Club Card.
3. Continuation of Membership for those residing outside New Zealand is at Diners Club's discretion and may involve an additional annual administration fee.
4. In the case of a Business Card, any change of address will be subject to the billing structure of the account.

14. PENALTY SERVICE CHARGES

1. If you do not pay your account in full on receipt of your monthly statement you are in default. Therefore, you acknowledge that we may suspend your Charge privileges, and you agree that we may charge you a Penalty Service Charge for late payment, as determined by us from time to time, on the outstanding balance
2. For the purposes of Penalty Service Charges, payment will be deemed to be 'late' if not made in full 28 calendar days after the statement date. Any Club Rewards Points relating to the late payment will be forfeited.
3. If any payment made when required is dishonoured for any reason, a dishonour fee plus a Penalty Service Charge may apply. Any Club Rewards Points relating to the dishonoured payment will also be forfeited.

15. CARD CANCELLATION

1. If the Main Card account is cancelled for any reason, all other associated Cards and their Club Rewards Points will also be cancelled.
2. If you are the Main Cardmember, you may at any time cancel the Main Card and any and all Double Card(s) issued to you and any and all Supplementary Card(s) issued at your request.
3. If you are a Supplementary Cardmember, you may at any time cancel the Supplementary Card issued to you.
4. All Card and account cancellation requests must be received in writing together with the Card cut in two; however, this does not constitute a discharge from liability for any further charges.
5. Upon any voluntary cancellation of any of your Card accounts, the cancelled account will no longer be eligible to participate in Club Rewards Programme and all Club Rewards Points accumulated and not redeemed on that account within one month of termination will be forfeited.
6. If Diners Club has withdrawn your rights to use the Card, then any Club Rewards Points you may have accumulated against that Card and which have not been redeemed at the time of such withdrawal will be immediately forfeited.

16. ENFORCEMENT EXPENSES

You will pay us our reasonable costs in recovering or attempting to recover the Charges from you, including solicitor’s fees on a solicitor / client basis, except where not permitted by law.

17. PRIVACY ACT NOTICE

1. You agree that we may disclose any information relating to you to credit reporting agencies. This information may include, by way of example and not limited to, the fact that you have applied for a Card, any overdue Card payments, and any payments that you send to us that are dishonoured.
2. You also agree that we may request information about your personal and commercial finances from credit reporting agencies, your employer, and any financial institutions or credit providers whose names you have given us or whose names are included in a credit report about your credit.
3. You hereby agree that all these parties may provide such information to us, and you hereby consent to our use of such information for purposes that include but are not limited to our Charge approval process as it applies to purchases you wish to make with your Card, our administration of your account, and if you are the Main Cardmember, any subsequent applications we may receive from you for Double Card or Supplementary Card.
4. You also agree that we may use information arising out of the operation of your Card account for marketing and promotional purposes.
5. You also understand and agree that information about you and your account may be provided to the Diners Club International network worldwide on a strictly confidential basis.
6. You also agree that Diners Club and its related companies may use your personal information to communicate with you in future, including about other services offered by Diners Club and / or any related companies. If you do not wish to receive this information please contact Diners Club on 0800 DINERS – 0800 346 377.
7. You further understand and agree that we at times may be legally obligated to disclose information about you to others. When we become legally obligated to disclose such information to others, we will endeavour to notify you at your last known address prior to disclosure unless we are prohibited by law or prevented by circumstances from doing so.You acknowledge that you have a right of access to and correction of your personal information held by Diners Club and / or any related company.

18. THE CARD REMAINS OUR PROPERTY

1. The Card remains our property and we can cancel, suspend or impose restrictions on your right to use it at any time, without cause and without notice.
2. If the Card is cancelled or expires, you must cut it in two and return both parts to us immediately.
3. Upon Diners Club's request, you must release the Card over to any nominated third party.
4. You agree not to use the Card after it has been cancelled or suspended or expired.
5. Your Card is the property of Diners Club and cannot be transferred to or used by any other person.
6. Your Card must be returned to Diners Club immediately if Diners Club or the Account Holder requests.
7. If your account remains inactive for a period of 12 months, Diners Club reserves the right to withdraw the facility without notice.
8. If Diners Club has withdrawn your rights to use the Card, then any Club Rewards Points you may have accumulated against that Card and which have not been redeemed at the time of such withdrawal will be forfeited.

19. EXCHANGE CONTROL, TAXES AND DUTIES

1. You must comply with any and all applicable exchange control and tax laws governing the use of the Card(s), and you agree to indemnify us against consequences of your failure to comply with these laws.
2. If we have to or will have to pay or reimburse anyone else for any tax, duty or other charges imposed by law in New Zealand (including Goods and Services Tax or Stamp Duty) in respect of the Card, your use of it, or any other transaction involving you or the deposit of funds received from you, we may charge you the full amount or a reasonable part of that amount (as determined by us) except as prohibited by law, and we may make such charge in advance.
3. Diners Club will not be liable for any tax levied by the Inland Revenue Department for Club Rewards Points awarded.
4. You are responsible for payment to Diners Club of any duties or charges which may be levied by the government from time to time.

20. OUR LIABILITY

1. Subject to any law, our liability to you is strictly limited to any direct loss that you may suffer as a result of our failure to carry out any of our obligations in connection with your account, and your use of the Card.
2. In particular, we will not be liable for any indirect or consequential loss or any other loss or damage not directly and naturally resulting from the failure including damages, which may flow from any circumstances.
3. In any event, we will not be responsible for losses, costs or damage caused by any third party including (for example only) any resulting from mechanical or systems failure affecting you or third parties.
4. Diners Club accepts no responsibility should any Club Rewards Partner refuse to provide credits upon conversion of Club Rewards Points in accordance with any previously published schedule of conversion provided by Diners Club.
5. You authorise Diners Club to provide to, and receive from, any Club Rewards Partner any information relating to you which it is desirable or necessary for Diners Club or the Club Rewards Partner (as the case may be) to disclose to the other in order to ensure the full and effective operation of Club Rewards and any associated Club Rewards Partner Programme.

21. CHANGING THESE CONDITIONS

1. Diners Club may vary these Terms and Conditions at any time.
2. Diners Club reserves the right to alter charges and fees at any time.
3. Other variations may be notified to you by such method as Diners Club selects including by notice sent to the Main Cardmember with the monthly statement, public advertisement or by notice displayed on Automatic Teller Machine (ATM) or Electronic Funds Transfer (EFT) terminals.
4. If you do not accept any change to these Terms and Conditions, you may cancel the Card by cutting it in two and returning both pieces to us. You will still be liable for all Charges incurred.

22. NOTICES

You shall be deemed to have received any notice we give you under these Terms and Conditions on the seventh day following its despatch by us or upon its actual receipt, whichever is the earlier.

23. EVIDENCE

1. You agree that a certificate signed by one of our officers stating the amount you owe us under these Terms and Conditions (in the absence of fraud or negligence) will be proof of such amount.
2. You also agree that a copy of any document relating to your account with us shall be admissible to prove the contents of that document for any purpose.
3. You acknowledge that Charges may be made and/or submitted to us electronically and directly from a Merchant through an electronic point-of-sale device.
4. You agree that a certificate signed by one of our officers stating the amount of such Charges based on electronic records we have received (in the absence of fraud or negligence) will be proof of such amount.

24. NO WAIVER OF OUR RIGHTS

No forbearance, delay or failure on our part to exercise any power or right under these Terms and Conditions shall operate as a waiver of such power or right, nor shall any single or partial exercise of such power or right preclude any further exercise of that or any power or right.

25. ASSIGNMENT

1. Upon notice to you, we may assign this agreement at any time without your prior approval.
2. You may not assign this agreement except upon our prior written consent.

26. GOVERNING LAW

The laws of New Zealand govern these Terms and Conditions.

27. CLUB REWARDS PARTNER TERMS & CONDITIONS

1. Diners Club takes no responsibility for the Terms and Conditions of our Club Reward Partner programmes, but will endeavour to provide links to appropriate websites (when given approval by Club Reward Partners)
2. Refer to Club Reward Partner websites for full Terms and Conditions of their programmes.

28. DINERS CLUB RESERVE WINE CLUB

1. This service is provided to Diners Club by Club Reserve Wines.
2. Diners Club takes no responsibility for the quality of wines supplied.
3. Upon requesting your reward you will receive a redemption advice notifying you of the reward redeemed and the expected date of delivery.
4. Delivery of your selected Reward is the responsibility of Club Reserve Wines. If you have delivery concerns you can contact us on 0800 DINERS (0800 346 377) and we will follow-up with the appropriate supplier of the reward.
5. Points value quoted includes GST & delivery throughout New Zealand.
6. Delivery will be in line with terms and conditions indicated at time of reward redemption.

29. CUSTOMER SERVICE PROCEDURE
Diners Club is committed to providing you with quality service. Should you ever have a problem or want to comment on our service, we invite you to tell us about it. Here's how:

1. Contact the Diners Club Customer Service Centre on 0800 346 377 to speak with a Customer Service Representative or a manager.
2. Then, if you are unable to reach an agreement, write to: The General Manager, Diners Club (NZ) Ltd, PO Box 1533, Auckland.
3. Should your complaint still remain unresolved the Banking Ombudsman is available as an independent arbitrator. Forward your complaint to: The Banking Ombudsman, PO Box 10-573, The Terrace, Wellington.