Terms and conditions
THE FOOD COLLECTIVE – WEBSHOP & REWARD PROGRAM
(1) Your access to and use of the Website, including, but not limited to, participating in the Program and placing a Turn in Order via the Webshop, is subject to these terms and conditions (as amended from time to time).
(3) Information on the Website regarding placing a Turn in Order via the Webshop and participating in the Program (e.g. earning Points, redeeming Rewards, etc) form part of these terms and conditions. To the extent of any inconsistency, these terms and conditions prevail.
(4) The Webshop and Program are open to businesses and persons operating as end-user food service providers in New Zealand (the Participants). The following businesses and entities are not eligible to participate in the Program:
- (a) the Promoters’ distributors, resellers, wholesalers, suppliers, contract customers, contract caterers or operators that currently have supply agreements with the Promoters;
- (b) government and statutory bodies; and
- (c) any other businesses or entities determined by the Promoters, in their absolute discretion, to be ineligible.
(5) You must be aged 18 years or older to access the Webshop or participate in the Program.
REGISTERING YOUR ACCOUNT
(7) Once an Account has been registered, you will be sent a user name and password. You will also be asked to activate your Account before you can use the Website. Activate your Account by following the prompts.
(8) A maximum on one (1) Account may be registered in respect of a Participant. If multiple Accounts are registered for a Participant, the Promoters reserve the right to delete all Accounts registered in respect of that Participant.
PLACING A TURN IN ORDER VIA THE WEBSHOP
(9) The Webshop promotes Products offered for sale by the Promoters. The Webshop enables you to place a Turn In Order for the Products via an existing or new distributor.
(10) You may place a Turn In Order for Products by selecting and submitting your order via the Webshop. The Webshop pages will guide you through the steps you need to take to place a Turn In Order.
Ordering Products via new distributors
(11) If you wish to place a Turn in Order and do not have an existing distributor, you must select the “Distributor – Other” option on the Checkout pages of the Webshop. The Promoters will identify which distributor(s) that service(s) your area with the Products. You must then set up an account with a distributor before the Turn in Order can be processed and fulfilled.
(12) During this process, you will likely be requested to agree to prices, pricing models, rebates, discounts, and other commercial items relating to the supply of the Products by the new distributor. If you are unable to agree on these aspects of the supply arrangement, please let us know so we can cancel you Turn in Order in the Webshop.
(13) If any problems arise through the account set up process, please contact Unilever Food Solutions on 0800 367 756 so a representative can assist you find a solution.
Ordering Products via existing distributors (or new distributors with whom you have set up an account with)
(14) If you select one of your existing distributors (or have recently set up an account with a new distributor). the Turn in Order will be sent to them.
(15) The Promoters and distributor reserve the right to accept or reject any Turn In Order placed via the Webshop for any reason, including (but not limited to) if the requested Products are not available, there is an error in the price or the product description posted on the Webshop, or an error in your Turn In Order.
(16) The Product prices listed on the Webshop are indicative prices only.
(17) Each Turn In Order placed via the Webshop that is accepted by a distributor forms a separate binding agreement between you and the distributor for the supply of those Products. For each Turn In Order accepted, the distributor will supply the selected Products in accordance with the pricing, rebates, discounts and other terms and conditions in place between you and the distributor. The indicative price listed on the Webshop may be higher or lower than the actual price.
(18) If the distributor accepts the Turn In Order, the distributor’s representative may contact you to arrange payment and delivery of the Products. In addition, once a Turn In Order has been accepted, the Promoters will automatically add the Points earned in respect of your order to your Account.
(19) If the authorised distributor rejects your Turn In Order for any reason, they will endeavour to notify you of that rejection as soon as possible.
(20) All requests to cancel Turn In Orders must be directed to the authorised distributor that accepted your order.
(21) If you wish to return or complain about Products ordered via the Webshop, please contact the distributor that supplied you with the Products or the Promoters.
(22) The returns policy of the authorised distributors will vary from distributor to distributor, but the Promoters acknowledge those policies apply in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the New Zealand Consumer Law. The Products come with guarantees that cannot be excluded under the New Zealand Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Consumer Guarantees Act if any services supplied by us to you fail to meet a consumer guarantee under the Consumer Guarantees Act.
(23) Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Consumer Guarantees Act or the returns policies offered by the authorised distributors:
- (a) you acknowledge that the Webshop is provided "as is" and that the Promoters do not make any warranty or representation as to the suitability of the Webshop or a Product for any purpose;
- (b) the Promoters exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Webshop or the subject matter of this agreement; and
- (c) the Promoters will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of their own negligence or wilful misconduct.
(24) The Promoters’ liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
HOW TO EARN POINTS
(25) Participants earn Points by:
- (a) placing a Turn In Order for Products via the Webshop or the Promoters’ sales representatives (if available); and
- (b) ordering Products directly from an authorised distributor.
(26) For Turn In Orders placed via the Webshop or the Promoters’ sales representatives, which are subsequently sent to, accepted and fulfilled by an authorised distributor, the Promoters will automatically add the Points earned in respect of your order to your Account.
(27) For Products ordered directly from an authorised distributor, you will need to submit the invoices for those orders to the Promoters. Invoices must be submitted within three (3) months of the date of purchase. Invoices must be submitted to the Promoters as follows:
- (a) visiting the Website, following the prompts, and uploading a copy of the invoice;
- (b) emailing the invoice to firstname.lastname@example.org with the subject line “Food Collective”.
(28) The number of Points to be earned in respect of each Product purchased is set out on the Website. The Promoters reserve the right to vary the number of Points to be earned in respect of any Product, at any time without notice, including but not limited to, reducing the Points to be earned or offering bonus Points at various times throughout the Term.
(29) Original invoices must be retained as proof of purchase, and presented upon request from the Promoters. Failure to provide proof of purchase when requested, may, in the absolute discretion of the Promoters, result in the Participant’s termination from the Program and invalidate any right to receive any Reward.
HOW TO REDEEM REWARDS
(30) Participants can view the number of Points they have at any time by accessing their Account. Participants should allow up to 14 days after submitting an invoice or up to 21 days after ordering via the Webshop or Promoters before the Points are recorded in their Account.
(31) Participants may, during the Points Redemption Period, use their Points to redeem a Reward. The Website provides details of the number of Points required to redeem various Rewards. The Promoters reserve the right to increase the number of Points required to claim a particular Reward at any time without notice.
(32) To redeem a Reward, visit the Website during the Points Redemption Period, follow the prompts and select the Reward(s). Once the relevant number of Points is used to redeem a Reward, those Points will be removed from the Points balance in your Account. Points can only be redeemed for Rewards if the Participant is in compliance with these terms and conditions.
(33) Points are not transferable and must be redeemed by the Participant to whom the Points were issued.
(34) Points cannot be exchanged for cash.
(35) Points are valid for redemption for a Reward in the absolute discretion of the Promoters. A Points are forfeited if the Participant closes their Account prior to the Points Redemption Period.
(36) A Participant may only redeem their Points during the Points Redemption Period. Points not redeemed by the expiry of the Points Redemption Period will be forfeited.
(37) Reward claims will be processed and fulfilled once verified, with Rewards being delivered to the Participant’s nominated mailing address. Participants should allow up 6 weeks to receive their reward once selected.
(38) Any person claiming a reward on behalf of a Participant warrants they are authorised to do so. The Promoters accepts no responsibility if the person claiming the Reward is not authorised to do so. The Promoters may require the person claiming the Reward, and the Participant, to sign a legal release and indemnity in the form required by the Promoters.
DONATING TO THE CHARITY PARTNER – WHAT DO THE PROMOTERS DONATE?
(39) For each case of Product purchased during the Term, which is entered into the Program by way of the submission of a valid invoice in accordance with these terms and conditions, the Promoter that supplied the case of Product will donate NZD$0.50 jointly to The Charity Partners. The final donation amount will be made by the Promoters after the conclusion the Program.
DONATING TO THE CHARITY PARTNER – WHAT CAN YOU DO TO HELP EVEN MORE?
(40) If you wish to provide additional support to The Charity Partners, you can register to have your leftover food picked up by The Charity Partners. The Charity Partners cannot guarantee that it will be able to pick up food from all Participants, due to a number of matters, including but not limited to, the location of the Participant. In addition, if any Participant takes part in any food collection program with The Charity Partners, that is a matter between The Charity Partners and the Participant, and the Promoters will not be held responsible in this regard.
(41) The Promoters’ decision on all matters pertaining to the Website or Program, including but not limited to, any dispute as to the identity of a Participant, eligibility to become a Participant, accumulation of Points or redemption of Rewards is final and binding. No correspondence will be entered into.
(42) The Promoters reserves the right, at any time, to verify the validity of, Points reward claims, Participants and authorised representatives (including an authorised representative’s identity, age and place of employment) and reserves the right, in its sole discretion, to disqualify any Participant who the Promoters has reason to believe has breached any of these Terms and Conditions, tampered with the participation process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Program. Errors and omissions may be accepted at the Promoters' discretion. Failure by the Promoters to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoters' legal rights to recover damages or other compensation from such an offender are reserved.
(43) The Rewards are subject to the standard terms and conditions of individual Reward and service providers.
(44) If for any reason a Participant does not take their selected Reward by the time stipulated by the Promoters, then the Reward will be forfeited.
(45) If any Reward is unavailable, the Promoters, in its discretion, reserves the right to substitute the Reward with a Reward to the equal value and/or specification.
(46) Rewards, or any unused portion of a Reward, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
(47) If this Program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoters, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoters reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Participant; or (b) to modify, suspend, terminate or cancel the Program, as appropriate.
(48) Any cost associated with accessing the promotional website is the participant’s responsibility and is dependent on the Internet service provider used.
(49) Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Consumer Guarantees Act, as well as any other implied warranties or similar consumer protection laws that cannot be excluded (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Program.
(50) Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoters’ control); (b) any theft, unauthorised access or third party interference; (c) any Points or Reward claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoters) due to any reason beyond the reasonable control of the Promoters; (d) any variation in Reward value; (e) any tax liability incurred by a Participant or Reward recipient; or (f) taking/use of a reward.
(51) Liability for any tax on any benefits provided to Participants or Reward recipients pursuant to this Program shall be the sole responsibility of the Participants and Reward recipients. It is recommended that Participants and Reward recipients should contact their own accountant or taxation advisor in this regard.
(53) In these terms and conditions:
- (a) "Account" means an account with the Promoters used in connection with the Program.
- (b) "Charity Partner"means:
- (i) Kiwi Harvest Limited (Company Number 5419041) of Level 8, 265 Princes Street, Dunedin, 9016, New Zealand; and
- (ii) Kaibosh (Charitable Trust Number 2179983) of 97 Owen Street, Newtown, Wellington, 6021, New Zealand.
- (c) "Points" means the points allocated pursuant to the Program by purchasing the Products.
- (d) "Points Redemption Period" means the earlier of: (1) 24 months from the date Points are earned; or (2) the end of the Term
- (e) "Products" means the Promoters’ cases of food and beverage related products that are promoted via the Webshop.
- (f) "Program" means the Food Collective Reward Program operated by The Promoters and The Charity Partners.
- (g) "Promoter" means:
- (i) Unilever New Zealand Limited (Company Number 2207) trading as Unilever Food Solutions of Level 4, 103 Carlton Gore Road, Newmarket, Auckland, 1023, New Zealand; and
- (ii) other parties that may from time-to-time during the Term participate in the Program.
- (h) "Reward" means a reward specified by the Promoters that may be awarded pursuant to a Participant through the Program as set out on the website.
- (i) "Term" means from the commencement of the Program to 31 May 2019. The Term may be extended or terminate early at the discretion of the Promoter(s).
- (j) "Turn in Order" means a request to order Products that is facilitated by the Promoters’ and then sent to the requestor’s selected distributor for fulfilment.
- (k) “We” and “Us” refers to the Promoters.
- (l) "Website" means www.foodcollective.co.nz.
- (m) “Webshop” means the online portal on the Website that allows you to place a Turn In Order for the Products.
- (n) “You” and “Your” refer to the Participant.