SUBSTANTIATION DOCUMENTATION PLATFORM LOYALTY REWARDS PROGRAM TERMS AND CONDITIONS
Effective Date: 1 MAY 2026
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ENROLLING IN OR PARTICIPATING IN THE REWARDS PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU CANNOT PARTICIPATE IN THE LOYALTY REWARDS PROGRAM.
The Substantiation Documentation Platform Loyalty Rewards Program (the "Loyalty Rewards Program" or "Program") is offered by Aespi Limited, a company incorporated and registered in new Zealand ("Company," "we," or "us") to subscribers of our property documentation software platform (the "Platform") who meet the eligibility requirements described below.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, THE COMPANY MAY AT ANY TIME, IN ITS SOLE DISCRETION, ALTER, LIMIT, OR MODIFY THE LOYALTY REWARDS PROGRAM RULES, REGULATIONS, BENEFITS, ELIGIBILITY REQUIREMENTS, OR ANY OTHER FEATURE OF THE LOYALTY REWARDS PROGRAM, OR MAY SUSPEND OR TERMINATE THE LOYALTY REWARDS PROGRAM AT ANY TIME WITHOUT PRIOR NOTICE. THE COMPANY RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT AND/OR PARTICIPATION IN THE LOYALTY REWARDS PROGRAM IF THE COMPANY DETERMINES IN ITS SOLE DISCRETION THAT YOU HAVE VIOLATED THESE TERMS AND CONDITIONS.
1\. Definitions
For purposes of these Terms and Conditions:
• "Annual Subscriber" means a Member with a paid annual subscription to the Platform.
• "Appraisal" means the contractual dispute resolution process for loss valuation found in property and/or auto insurance policies, substantially similar to for example the process mandated by the Texas Insurance Code, whereby each party selects a competent appraiser who together (or with an umpire if they disagree) determine the amount of loss. This specifically excludes any other form of appraisal, professional or otherwise, including but not limited to informal valuations, estimates, inspections, or non-binding opinions.
• "Benefits" means the benefits, features, and services offered through the Loyalty Rewards Program, including but not limited to Certified Log Status, Reports, PPP coverage, and other benefits as determined by the Company.
• "Member Benefits" means the Loyalty Rewards Program benefits as determined by the Company from time to time in its absolute discretion and set out in Section 3 below;
• "Certified Log Status" means the active status achieved by a Member who has complied with the Company’s minimum Platform usage requirements regarding each of their Registered Assets for two (2) consecutive calendar months from the date of registration on the asset on the Loyalty Rewards Program, and who subsequently maintains such status through continuous compliance with all ongoing monthly usage requirements determined by the Company.
• "Member" means an individual who has registered and enrolled in the Loyalty Rewards Program and maintains an active subscription to the Platform.
• "Monthly Subscriber" means a Member with a paid monthly subscription to the Platform.
• "Platform Performance Pledge" or "PPP" means the limited express substantiation warranty benefit described in Section 6 below, available exclusively to Annual Subscribers who have achieved and maintain Certified Log status.
• "Registered Asset" shall mean the asset registered by the Member for this Loyalty Rewards Program in each or any of the three asset categories (House, Vehicle or Content) the Member has a paid and active subscription for and that is being documented on the Platform and as such becomes eligible for Member Benefits.
• "Report" means an AI generate substantiation evaluation report being a third party artificial intelligence platform produced output at the request of the Member in accordance with the standard terms and conditions of subscription.
2\. Eligibility and Enrollment
2.1 Geographic Eligibility
The Loyalty Rewards Program operates on a jurisdiction-specific basis AND is currently offered only to residents of the United States. Each jurisdiction may have different program rules, benefits, and eligibility requirements. Only residents of United States may enroll in this Loyalty Rewards Program. You represent and warrant that you are a legal resident of the jurisdiction for which you are enrolling. The Company may extend the Program to additional jurisdictions at its sole discretion.
2.2 Subscription Requirement
Membership in the Loyalty Rewards Program requires registration and an active, paid subscription to the Platform. You must be at least 18 years of age (or the age of majority in your jurisdiction) at the time of enrollment. Corporations, entities, and organizations may enroll, but only one Program account is permitted per subscription.
2.3 Voluntary Registration
Enrollment in the Loyalty Rewards Program is free and voluntary. Active Platform subscribers may register for the Loyalty Rewards Program at any time through their account dashboard. By registering and enrolling, you acknowledge that you have read and agree to these Terms and Conditions. Registration is not required to use the Platform, though certain enhanced features and benefits are only available to Loyalty Rewards Program Members. Each member shall be entitled to register only one asset from each of their active category subscriptions to qualify for and receive any Benefits.
2.4 Account Limitations
Only one (1) Loyalty Rewards Program membership is permitted per subscription and per registered account. In the event of a dispute over ownership of an account, the registration will be declared to have been made by the authorized account holder of the email address and payment method associated with the subscription. Membership, Benefits, and rewards are non-transferable and for the account holder's use only in connection with the associated subscription. Only one asset from each of the subscribed categories may be registered by a Member for Benefits.
3\. Tiered Benefits Structure
The Loyalty Rewards Program provides benefits to all enrolled Members, with enhanced benefits available based on subscription type and achievement of usage milestones. All benefits are subject to the limitations and conditions set forth in these Terms.
3.1 All Member Benefits
All Members (both Monthly and Annual Subscribers except for purposes of section 3.1(e)) who are enrolled in the Loyalty Rewards Program are in respect of each of their registered assets in each subscribed category eligible to receive, subject to availability in their jurisdiction:
(a) Access to generate Reports through the Platform;
(b) Standard Platform features as described in your subscription agreement;
(c) Certified Log Status: After two (2) consecutive calendar months of active use in respect of each of their Registered Assets in each subscribed category meeting minimum usage requirements (as determined by the Company in its sole discretion), Members earn Certified Log Status upon notice from the Company who will confirm to Members via email or in Platform notification when Certified Log Status is achieved; and
(d) "Motor Vehicle Reports and Industry Valuation Reports:" Upon achieving and maintaining Certified Log status for 2 consecutive months thereafter, Members unlock FREE access to a Motor Vehicle Report or an Auto Industry Valuation Report from VINAUDIT and if they continue to maintain Certified Log status thereafter, Members can unlock one further (1) complimentary Motor Vehicle Report from VINAUDIT per annum in order to update, replace or supplement their initial VINAUDIT report in the event of an insurance claim or loss valuation and the Member wants to include an up to date version of such a VINAUDIT report in any substantiation report to be used after 3 months from receiving the initial VINAUDIT report and as long as such Member has Certified Log status at the time of requesting it.
(e) Paid up Monthly Subscriber Members only who have achieved and maintain Certified Log status, are eligible to the Platform Performance Pledge as defined in section 3.2(a) and 6 below (notwithstanding the provisions of 6.1 limiting the PPP to Annual Subscribers only) BUT will not be entitled to any payment of any amount mentioned in section 6 or otherwise OTHER THAN ONLY in the unfettered discretion of the Company, be eligible to a refund of up to a maximum of 6 months of paid subscriptions under the further terms and all the conditions applicable to the PLatform Performance Pledge, including but not limited to the Warranty scope, as set out in sections 5 and 6 below.
3.2 Annual Subscriber Enhanced Benefits
Annual Subscribers receive all Member Benefits listed in Section 3.1 plus the following enhanced benefits, subject to availability in their jurisdiction:
(a) "Platform Performance Pledge:" Upon achieving Certified Log status, Annual Subscribers exclusively unlock eligibility for the PPP benefit as described in Section 6, which remains active as long as the Annual Subscriber maintains Certified Log Status with an active annual subscription in good standing; and
(b) "Additional Benefits:" The Company may introduce additional discounts, reports, valuation support services, and Platform benefits from time to time, which will be communicated to Members and governed by these Terms unless otherwise specified.
4\. Earning and Maintaining Benefits
4.1 Usage Requirements
Benefits are earned through a combination of:
(a) Active subscription on the Platform;
(b) Qualifying usage of Platform features and documentation services;
(c) Regular back up or syncing of data by the Member through the Platform; and
(d) Completion of such specified tasks or activities as designated by the Company from time to time.
The Company reserves the right to establish, modify, or eliminate minimum usage thresholds, qualifying activities, and eligibility criteria for any Reward at any time without notice.
4.2 Certified Log Status Maintenance
4.2.1 To maintain Certified Log status, Members must:
(a) Maintain an active subscription (annual or monthly) in good standing;
(b) Continue to meet minimum usage requirements each month in respect of each of their Registered Assets in each subscribed category; and
(c) Comply with all Platform terms of service and these Loyalty Rewards Program Terms.
(d) Any amendment or change of any details or information regarding a Registered Asset will result in the immediate loss of Certified Log Status in respect of THAT Registered Asset and the qualifying period for Certified Log status in respect of THAT or any amended or changed asset shall reset as from the date of that change. Only one amendment or change per 30 days will be allowed and any amendment or change will only be acknowledged and accepted from the date of verification by the Company.
4.2.2 Failure to meet these requirements will result in loss of Certified Log Status and associated benefits in respect of such Registered Asset(s), including Motor Vehicle Report access for all Members and Platform Performance Pledge eligibility for Annual Subscribers. The Company will make reasonable efforts to notify Members before suspension or termination of Certified Log status through the Platform, though such notification is not guaranteed.
4.2.3 Members with active Certified Log Status who fail to meet the above requirements in one given month shall in keeping with the provisions of Section 4.2.2 (above) still be eligible to regain Certified Log Status if they can meet all the necessary requirements to achieve Certified Log Status in the month immediately following the month in which such status was lost in accordance with Section 4.2.2 (above).
4.3 Benefits Calculation and Tracking
The Company uses automated systems and Member activity data to calculate and track Benefits. While the Company strives for accuracy, Members are responsible for monitoring their own Benefits status and should notify the Company promptly of any discrepancies. The Company's records of qualifying events recorded through the Platform shall, absent manifest error, be deemed conclusive in all instances, including, but not limited to, any dispute regarding Benefits entitlement or calculations.
4.4 Forfeiture and Expiration
Benefits may be forfeited or expire under the following circumstances:
(a) Subscription cancellation or lapse in payment;
(b) Account termination for violation of Platform or Loyalty Rewards Program terms;
(c) Loss of Certified Log status as envisaged in Section 4.2.2 (above);
(d) Extended period of two(2) or more consectuve calender months of failure to meet minimum usage requirements or total Platform inactivity as defined by the Company;
(e) Expiration dates specified for particular Benefits;
(f) Any amendment to or change of the registered details in respect of any registered asset entitled to Benefits; or
(g) Other circumstances as determined by the Company.
Forfeited or expired Benefits cannot be restored, reactivated, or redeemed. Members will not receive compensation, credit, or refund for forfeited or expired Benefits.
5\. Redemption and Use of Benefits
5.1 Redemption Process
Benefits are redeemed through the Platform interface or as otherwise directed by the Company. Members may access available Benefits through their account dashboard. The Company may require verification of eligibility before permitting Benefit redemption and reserves the right to audit Benefit and Platform usage for compliance with these Terms.
5.2 Limitations on Redemption
Benefits:
(a) Are non-transferable and may only be used by the Member to whom they are issued;
(b) Have no cash value and cannot be exchanged for cash or cash equivalents;
(c) Cannot be sold, bartered, or auctioned;
(d) Must be used in accordance with any specific terms, restrictions, or expiration dates applicable to the particular Benefit;
(e) Cannot be combined with other offers, promotions, or discounts unless expressly permitted;
(f) May be modified, substituted, or discontinued by the Company at any time;
(g) Are subject to availability; and
(h) May expire or be forfeited upon termination of membership, subscription cancellation, or as otherwise specified.
5.3 Third-Party Benefits
Some Benefits may involve third-party products or services. The Company is not responsible for the quality, delivery, or performance of third-party Benefits. Any disputes regarding third-party Benefits must be resolved directly with the third party. The Company's liability for third-party Benefits is limited to replacement of the Benefit or credit of equivalent value at the Company's discretion.
6\. Platform Performance Pledge (PPP) — Annual Subscribers Only
6.1 PPP Eligibility
The Platform Performance Pledge is an exclusive benefit available only to Annual Subscribers who have achieved and maintain Certified Log status. This benefit is NOT available to Monthly Subscribers or non Members.
GEOGRAPHIC LIMITATION: PPP is currently available only to Members residing in the United States, as it specifically relates to insurance policy appraisal provisions under U.S. state insurance laws. The Company may extend PPP to additional jurisdictions where similar insurance appraisal mechanisms exist. Members residing outside the United States are not eligible for PPP coverage, even if they achieve Certified Log status. Such Members remain eligible for all other Loyalty Program benefits available in their jurisdiction.
PPP coverage applies only to the specific asset(s) covered under the Annual Subscriber's Platform subscription. Subscribers select and pay for coverage by asset category (Home, Vehicle, or Contents), and only those subscribed assets documented on the Platform are eligible for PPP benefits. Annual Subscribers may only register and document one asset per asset category and/or items at one address under Contents which will be eligible for the PPP Benefit.
To qualify for PPP coverage, Annual Subscribers must:
(a) Hold an active annual subscription in good standing;
(b) Have achieved and currently maintain Certified Log status;
(c) Have documented the subscribed and Registered Asset on the Platform through the standard documentation workflow, including uploading asset details during subscription registration and ongoing maintenance task entries and backed up their data;
(d) Have a qualifying insurance claim and Appraisal that relates specifically to a Registered Asset covered under their active subscription and as specified upon registration for the Loyalty Rewards Program. Non-subscribed or non-registered assets are not eligible for PPP coverage even if documented on the Platform;
(e) Provide notice of a qualifying event within the timeframe specified in Section 6.6; and
(f) Comply with all Member Benefit reward claiming procedures outlined in these Terms.
6.2 Warranty Scope
The Company warrants that the Platform will accurately record, timestamp, and preserve condition data and maintenance documentation as inputted and backed up by the Member ("Substantiation Record"). This warranty is limited to the Platform's function as an evidentiary tool for documenting property condition and maintenance activities and the Substantiation Record to substantiate valuations and prevent valuation disputes from resulting in formal Appraisal being invoked. This warranty applies to Appraisal arising under content, property or auto insurance policies only in jurisdictions where such contractual Appraisal provisions are recognized and enforceable.
6.3 Temporal Limitation - Critical Requirement
NO BENEFIT UNDER THE PPP CAN BE CLAIMED TO DETERMINE OR ASSIST IN THE APPRAISAL OR DETERMINATION OF LOSS VALUATION FOR ANY DISPUTE THAT ARISES FROM FACTS OR EVENTS THAT OCCURRED PRIOR TO THE DATE THE MEMBER ENROLLED IN THE LOYALTY REWARDS PROGRAM AS A QUALIFYING SUBSCRIBER AND REGISTERED THE REGISTERED ASSET AND THE MEMBER HAVING ACHIEVED CERTIFIED LOG STATUS.
To be covered by the PPP:
(a) The Member must have achieved and maintain Certified Log status BEFORE:
- The loss event or insurance claim damage occurred; OR
- Any valuation dispute arose or became apparent; OR
- Any facts giving rise to an Appraisal became known or discoverable; AND
(b) The property or item must be part of a Registered Asset and must have been documented in the Platform with a complete Substantiation Record BEFORE the loss event or valuation dispute arose; AND
(c) The Member must currently maintain Certified Log status in good standing at the time the PPP benefit is claimed; AND
(d) Formal Appraisal must not have been invoked or become reasonably foreseeable prior to the Member achieving such Certified Log status.
Example 1 (COVERED): Member achieves Certified Log status on January 15, 2026 after documenting their home throughout October-December 2025. Home suffers hail damage on February 10, 2026. Valuation dispute arises in March 2026. Member may claim PPP because Certified Log status existed BEFORE the loss event.
6.4 Sole and Exclusive Remedy
If the Platform or Substantiation Record fails to perform its documented purpose of creating a Substantiation Record sufficient to substantiate the Member's valuation and prevent formal Appraisal being invoked, including where such failure results from a software defect or Platform malfunction (and not due to user error, data entry mistakes, or excluded causes as defined in Section 6.7), resulting in formal Appraisal being invoked, the Company's sole liability and the Member's exclusive remedy shall be, subject to the limits in Section 6.5, the reimbursement of reasonable fees paid to a professional, independent appraiser for the purpose of accurately determining the condition and/or valuation of the documented item or property.
6.5 Liability Caps
The Company's maximum aggregate liability under the PPP and also in particular under section 6.4 above, shall be strictly limited as follows:
(a) For any automotive or vehicle-related Appraisal in respect of an asset registered, subscribed for and documented under the Vehicle/Car category: Seven Hundred Fifty Dollars (USD $750.00);
(b) For the Appraisal of any personal property, contents, or non-structural item at the address registered, subscribed for and documented under the Contents/Stuff category : Seven Hundred Fifty Dollars (USD $750.00);
(c) For any residential real property, home, or structural Appraisal in respect of the property registered, subscribed for and documented under the House category: Two Thousand Five Hundred Dollars (USD $2,500.00); and
(d) Maximum of one (1) claim per active annual subscription per calendar year, regardless of the number of categories subscribed for or the number or value of properties or assets documented and for the purposes of this clause 6.5 a Member who has a qualifying insurance claim and Appraisal in respect of clause 6.5(b) and clause 6.5 (c) arising from the same event facts or occurrence shall be treated as ONE claim under either clause 6.5(b) or clause 6.5 (c) but the Member shall not have an entitlement to reimbursement under both. Under no circumstance shall the Company's total aggregate liability under the PPP exceed the highest single cap amount payable under either clause 6.5 (a) or (b) or (c) in any subscription year.
These caps apply to the actual, reasonable fees charged by the independent professional appraiser, NOT to any difference in valuation, property value, or loss amount. The Company will reimburse only the professional service fees, up to the applicable cap.
6.6 Claim Process
To make an PPP claim:
(a) Member must notify the Company via the HankIQ webapp in accordance with the procedures set out therein or in writing within 14 (fourteen) days of either filing with their insurer a notice of demand exercising and invoking their right to formal Appraisal in accordance with the provisions of their relevant insurance policy or have received such a notice from their relevant insurer;
(b) Member must provide documentation of their insurance policy, their relevant insurance schedule and of the claim submitted to which the relevant Appraisal relates as well as AND in addition, if requested by the Company, such evidence of discussions and negotiations between the Member and their insurer preceding the notice referred to in Section 6.6.(a) and which resulted in the relevant Appraisal as the Company may demand from time to time;
(c) Having received such complete documentation and upon approval of the Members Benefit reward claim by the Company, Member may engage a qualified, independent appraiser or inspector from the Company's approved list, or if none exists for a Member's jurisdiction, any properly licensed and duly or appropriately qualified professional for that jurisdiction;
(d) Member must submit the appraisers authorisation letter and any fee and charge agreed to between the Member and the appointed appraiser;
(e) Member must within 14 (fourteen) days of the final Appraisal award submit to the Company the written agreed appraisers report signed by both appraisers or the umpire and one appraiser and an itemized invoice addressed to the Member together with proof of payment by the Member; and
(f) Company, having received such complete documentation, will reimburse the Member for reasonable fees up to the applicable cap within five (5) business days of receiving the final Appraisal outcome award and a copy of the invoice from the appraiser engaged under Section 6.6.(c) with proof of payment as contemplated by Section 6.6.(e) above.
The Company expressly reserves the right to deny any claim it determines, in its sole discretion, does not meet the requirements of this Section 6, results from an excluded cause, or involves facts or events that occurred before the Member's enrollment as a Subscriber or having achieved Certified Log status or involves property not documented in the Platform prior to the event(s) which gives rise to the Appraisal and valuation requirement.
6.7 Warranty Exclusions
The PPP is void and the Company has no liability under this Section 6 if:
(a) "User Error:" The Member inputted incorrect, incomplete, or fraudulent data, or failed to properly use the Platform's documentation features;
(b) "Device/Compatibility Issues:" The Platform was used on unsupported hardware, operating systems, browsers, or devices;
(c) "Connectivity Problems:" Records were lost or incomplete due to the Member's lack of internet connection, network failures, or failure to sync or backup data;
(d) "Account Issues:" The Member's account was not in good standing, subscription had lapsed, or Certified Log status was not maintained;
(e) "Beta Features:" The Substantiation Record was created using beta, experimental, or preview features not yet in general release; or
(f) "Pre-Enrollment Events:" The valuation dispute involves, pertains or relates to property condition, maintenance activities, or events that
occurred before the Member enrolled as a Subscriber in the Loyalty Rewards Program; OR
(g) "Pre-Certified Log Events:" The loss event, damage, valuation dispute, or facts giving rise to the Appraisal occurred, arose, or became
discoverable before the Member achieved Certified Log status; OR
(h) "Post-Loss Documentation:" The property or item was not documented in the Platform with a complete Substantiation Record prior to the Appraisal, the loss event or valuation dispute arising.
6.8 No Other Warranties or Liability
THE PPP DESCRIBED IN THIS SECTION 6 IS THE COMPANY'S ONLY WARRANTY REGARDING THE PLATFORM'S DOCUMENTATION AND SUBSTANTIATION FUNCTIONS. THE COMPANY SHALL NOT BE LIABLE FOR THE UNDERLYING VALUE OF ANY ITEM, PROPERTY, OR EQUIPMENT DOCUMENTED IN THE PLATFORM, NOR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROPERTY VALUE, DISPUTE SETTLEMENT AMOUNTS, LEGAL FEES, OR ANY OTHER LOSSES BEYOND THE APPRAISER FEES SPECIFIED IN CLAUSE 6.5.
7. Member Responsibilities
7.1 "Account Back up and Security:" Members are responsible for backing up and maintaining the security and confidentiality of their data and/or account credentials. The Company is not responsible for the back up or security of any data or for any unauthorized access resulting from any such activity or any compromised credentials.
7.2 "Accurate Information:" Members must provide and maintain accurate contact information, jurisdiction of residence, and billing information. Members are solely responsible for the accuracy and completeness of all data entered into the Platform.
7.3 "Compliance:" Members must comply with all applicable Platform terms of service, privacy policies, and these Loyalty Rewards Program Terms.
7.4 "Prohibited Activities:" Members shall not engage in fraudulent activity, attempt to manipulate usage metrics, create multiple accounts, share accounts, or otherwise abuse the Loyalty Rewards Program.
8. Termination and Suspension
8.1 Termination by Member
A Member may cancel their Loyalty Rewards Program membership at any time by canceling their Platform subscription or by contacting customer service. Upon cancellation, all Rewards, benefits, Certified Log status, and PPP coverage will immediately terminate and cannot be reinstated or transferred.
8.2 Termination by Company
The Company may suspend or terminate a Member's participation in the Loyalty Rewards Program immediately and without notice if the Company determines in its sole discretion that the Member has:
(a) Violated these Terms and Conditions or any Platform terms of service;
(b) Engaged in fraudulent, abusive, or unlawful activity;
(c) Failed to maintain subscription payments or account in good standing;
(d) Created or maintained multiple accounts; or
(e) Otherwise acted in a manner inconsistent with the purpose and integrity of the Loyalty Rewards Program.
Upon termination, all Rewards and benefits are forfeited with no compensation. The Company is not liable for any consequences of termination.
9. Modification and Termination of Program
9.1 Right to Modify
EXCEPT WHERE PROHIBITED BY LAW, the Company reserves the right to amend, modify, or supplement these Terms and Conditions, the structure for earning Rewards, usage requirements, benefit levels, PPP coverage terms, or any other aspect of the Loyalty Rewards Program at any time, with or without notice, even if such changes affect Rewards already earned or eligibility requirements. Changes will be effective immediately upon posting to the Company's website or Platform. Continued participation constitutes acceptance of modifications.
9.2 Program Termination
The Company may suspend, discontinue, or terminate the Loyalty Rewards Program, in whole or in part, at any time, with or without notice. If the Program is terminated, all unredeemed Rewards, Certified Log status, and PPP coverage will be forfeited without any obligation or liability to Members. No Rewards claims will be honored after the conclusion of any termination notice period provided by the Company.
10. Disclaimers and Limitation of Liability
10.1 No Warranties
EXCEPT FOR THE PLATFORM PERFORMANCE PLEDGE AS DESCRIBED IN SECTION 6 ABOVE, THE COMPANY MAKES NO WARRANTIES OF ANY KIND REGARDING THE LOYALTY REWARDS PROGRAM, THE PLATFORM, OR ANY REWARDS OR BENEFITS, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT: (A) THE LOYALTY REWARDS PROGRAM OR PLATFORM WILL MEET YOUR REQUIREMENTS; (B) ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY REWARDS OR BENEFITS WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS OR DEFECTS WILL BE CORRECTED.
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE REWARDS PROGRAM, USE OF ANY REWARDS OR BENEFITS, OR THESE TERMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE REWARDS PROGRAM SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PLATFORM SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS (USD $100.00), WHICHEVER IS LESS, EXCEPT FOR THE Platform Performance Pledge COVERAGE DESCRIBED IN SECTION 6, WHICH IS SUBJECT TO ITS OWN SPECIFIC CAPS.
10.3 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so the above limitations may not apply to you to the extent prohibited by applicable law. In such jurisdictions, the Company's liability shall be limited to the maximum extent permitted by law.
11. Privacy and Data
The Company's collection, use, and disclosure of Member personal information in connection with the Loyalty Rewards Program is governed by the Company's Privacy Policy, which is incorporated herein by reference. By participating in the Loyalty Rewards Program, Members consent to such collection, use, and disclosure as described in the Privacy Policy. Members in certain jurisdictions may have additional privacy rights as described in the Privacy Policy.
12. Communications
By enrolling in the Loyalty Rewards Program, Members consent to receive communications from the Company regarding the Loyalty Rewards Program, including operational emails, Rewards notifications, program updates, and promotional offers. Members may opt out of promotional communications but will continue to receive operational communications necessary to Program participation. Opt-out instructions are provided in each communication or available through account settings.
13. Governing Law and Disputes
13.1 Governing Law
These Loyalty Rewards Program Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles, EXCEPT:
(a) Claims arising under Section 6 (Platform Performance Pledge) shall be governed by the laws of the jurisdiction in which the Member resides, as PPP claims relate to insurance appraisal processes governed by local insurance law; and
(b) Where mandatory consumer protection laws in your jurisdiction of residence prohibit application of New Zealand law, those mandatory provisions shall apply to the extent required by law.
For Members residing in the United States, this agreement and all non-PPP disputes shall be governed by New Zealand law. PPP warranty claims may be governed by the law of your state of residence.
13.2 Dispute Resolution
(a) Informal Resolution: Before initiating any formal proceedings, you agree to contact us at support@HankIQ.com to attempt informal resolution. We will work in good faith to resolve disputes within 30 days.
(b) Jurisdiction and Venue:
- General Program disputes: Subject to the exclusive jurisdiction of the courts of New Zealand
- PPP warranty claims: At Member's election, may be brought in courts of competent jurisdiction in Member's place of residence
(c) Time Limitation: Any claim arising from these Loyalty Program Terms must be commenced within six (6) months after the cause of action accrues, except that PPP warranty claims must follow the notice and claim procedures in Section 6.6.
(d) Class Action Waiver: TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
14. Indemnification
Member agrees to defend, indemnify, and hold harmless the Company, its parents, subsidiaries, affiliates, partners, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) Member's violation of these Terms and Conditions; (b) Member's violation of any third-party rights; (c) Member's use or misuse of the Loyalty Rewards Program or Platform; or (d) any fraudulent or unlawful conduct by Member.
15. General Provisions
15.1 Entire Agreement
These Terms and Conditions, together with the Platform terms of service and Privacy Policy, constitute the entire agreement between the Member and Company regarding the Loyalty Rewards Program and supersede all prior understandings, agreements, representations, and warranties, whether written or oral.
15.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
15.3 Waiver
The Company's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by an authorized representative of the Company.
15.4 Assignment
Members may not transfer, assign, or delegate their rights or obligations under these Terms. The Company may assign these Terms and its rights and obligations hereunder without notice or consent. Any attempted assignment in violation of this provision shall be void.
15.5 Force Majeure
The Company shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
15.6 Interpretation
Section headings are for convenience only and shall not affect the interpretation of these Terms. The words "include," "includes," and "including" shall be deemed to be followed by "without limitation." All interpretations and determinations regarding the Loyalty Rewards Program are at the Company's sole discretion and shall be final and binding.
15.7 Survival
Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6.8, 10, 13, 14, and 15.
16. Contact Information
For questions about the Loyalty Rewards Program or these Terms and Conditions, please contact:
Aespi Limited
t/a HankIQ Loyalty Program
Email: loyalty@HankIQ.com
Phone: +1 (0)281 729 4018
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