1. These Farm Source Rewards Scheme Terms and Conditions (the "Terms and Conditions"), are applicable across the entire Farm Source Rewards Scheme ("Scheme") and any participation in the Scheme is considered as acceptance of the Terms and Conditions.
2. The current version of these Terms and Conditions will be maintained on the Farm Source website. While Farm Source will use reasonable endeavours to notify you of any change to the Terms and Conditions before that change takes effect by direct communication to your last known address, by advertisement in news media or by displaying the change in Farm Source retail outlets or on the Farm Source website homepage, Farm Source recommends that you review these Terms and Conditions from time to time for changes. Members who continue to participate in the Scheme following such a change will be considered to have accepted the updated Terms and Conditions.
3. To participate in the Scheme you must be:
4. "Fonterra Supplier" means a person who supplies milk to Fonterra and includes farm owners, share-milkers, contract milk farm employees and herd managers and excludes MyMilk Suppliers.
5. "Ceasing Supply" Should a notification of intention to cease supply be received and the decision to cease is not revoked or supply of milk to Fonterra ceases, you will no longer be eligible to participate in the Scheme and you will not be entitled to accumulate or receive Eligible Spend Dollars after 31 May in the relevant calendar year. Redemption of Eligible Spend Dollars will be locked after 31 October in the same calendar year.
6. In completing a Farm Source Account application, you must supply your correct name and address. Using a false name or another person's name (whether or not paired with a genuine address) may be fraudulent. Farm Source reserves the right to notify law enforcement agencies and to pursue any remedies that may be available in the case of improper use of the Farm Source Website and other systems.
7. Farm Source Accounts, Farm Source Account cards, and Eligible Spend Dollars cannot be transferred, bought, sold or in any way traded, Members may opt out of the Scheme by written notice to Farm Source, otherwise eligible Members will be automatically joined to the Scheme.
8. From 1 June 2016, MyMilk Suppliers may participate in the Scheme. MyMilk Suppliers will earn Eligible Spend Dollars in accordance with these Terms and Conditions however any Eligible Spend Dollars earned by MyMilk Suppliers cannot be redeemed until the date that the MyMilk Supplier both becomes a Fonterra Supplier by signing (and having accepted by Fonterra) an application to supply form and supplies their first milk to Fonterra ("First Date of Redemption").
9. Members of the Scheme will be entitled to accumulate Eligible Spend Dollars for each dollar spent in Farm Source stores, including the Farm Source Website, from 1 October 2014. All information concerning earn rates and product weightings are available on the Farm Source Website.
10. Eligible Spend Dollars will not be calculated on any services charges incurred from the supply of goods such as freight, packaging, storage charges, handling, levies, labour, workshop parts and any other third party charges.
11. Members must purchase goods or services under their Farm Source Account in order to collect Eligible Spend Dollars for a transaction. Members who neglect to do this may have their Eligible Spend Dollars manually added to their Scheme account up to 14 days after the transaction upon presentation of a valid receipt in a Farm Source store, providing the receipt belongs to the claiming Member.
11A. Fonterra may, where it determines that a Member has achieved certain 'milk' parameters set by it, direct Farm Source to credit the Farm Source Account of that Member with an amount of Eligible Spend Dollars.
11B. Notwithstanding any other statement, representation, undertaking, promise or provision in any document to the contrary, Fonterra in its sole discretion will have, for the purposes of clause 11A, the right to determine whether a Member of the Scheme has met the 'milk' parameters set by it.
12. Farm Source Account balances must be current with no unauthorised amounts outstanding for payment. Farm Source Accounts with overdue amounts may result in the removal of Eligible Spend Dollars or the suspension of Eligible Spend Dollars until such a time that payment is made or payment terms are agreed; or (at Farm Source's discretion) may result in the removal of Eligible Spend Dollars.
13. Farm Source is entitled to deduct amounts from Eligible Spend Dollars at any time if products are returned for any reason and a full or partial refund of the purchase price is given. This also applies to the exchange of products, unless the exchange is for products with an equivalent Eligible Spend Dollars value.
14. Farm Source will use reasonable endeavours to notify you of Eligible Spend Dollars by recording details on your Farm Source Account, with real time visibility through your Farm Source.com account, a summary of which is sent to you on the monthly Farm Source Account statement.
15. The earn rate for Eligible Spend Dollars accumulated in accordance with clause 9 will be calculated by Farm Source. The earn rate may be reviewed and amended at the discretion of Farm Source at any time.
15A. Any discretionary entitlement to Eligible Spend Dollars credited in accordance with clause 11A will be solely determined by Fonterra from time to time.
16. Eligible Spend Dollars will not accumulate on purchases made using Farm Source vouchers issued by redemption of Eligible Spend Dollars or on purchases made with Eligible Spend Dollars at point of sale. Eligible Spend Dollars are considered to be accepted forms of currency in Farm Source stores.
17. All information concerning the calculation and respective earn rates for Eligible Spend Dollars accumulated in accordance with clause 9 is available on the Farm Source Website.
18. Eligible Spend Dollars will be subject to rules of expiry for Members as follows:
19. Redemption of Eligible Spend Dollars for Farm Source vouchers may be undertaken at any time throughout the year, subject to a minimum redemption criteria of $100, or any other minimum redemption criteria specified in the special terms and conditions applicable to an individual Reward. Eligible Spend Dollars may not be redeemed for cash at any time.
20. Eligible Spend Dollars may be redeemed for goods, services, experiences or other benefits offered by Farm Source in its discretion from time to time, subject to the minimum redemption criteria, and any other special terms and conditions applicable to an individual Reward, as determined by Farm Source from time to time.
21. Collective redemptions may be undertaken for community based experiences and charitable donations.
22. Only authorised Members or Authorised Contacts may redeem Eligible Spend Dollars relating to a Farm Source Account (subject to any other special terms and conditions applicable to an individual Reward), although additional representatives may be added at the discretion of the authorised Farm Source Account owner.
23. Farm Source accepts no liability for unlawful redemptions of any Eligible Spend Dollars relating to a Farm Source Account by any party.
24. Farm Source accepts no liability in the event of any accident or injury incurred during the pursuit of any activity or the misuse of rewards goods and services purchased with Eligible Spend Dollars.
25. All redemptions of Eligible Spend Dollars ("redemptions") are also subject to the Farm Source Redemption Terms (and any other additional terms and conditions we might impose from time to time), any terms and conditions on the redemption voucher or other confirmation, or in any other terms and conditions relating to the redemption determined by the redemption provider including on any ticket for airline travel. It is the Member's responsibility to satisfy any terms and conditions imposed by any other redemption provider including advance booking requirements and any restrictions on and/or fees payable in respect of the cancellation or alteration of tickets. A Member cannot claim a reward using Eligible Spend Dollars recorded in the Member's Farm Source Account that the Member knows, or ought to know, have been recorded in error or as a result of fraud. If, in Farm Source's opinion, a Member claims a redemption using Eligible Spend Dollars that the Member knew, or ought to have known, were recorded against the Member's Farm Source Account record in error or as a result of fraud, the Member will promptly return the redemption to Farm Source in its original condition or will promptly reimburse Farm Source for the cost of the redemption.
26. Farm Source may decline to issue, withdraw or cancel your Farm Source Account card and Eligible Spend Dollars, in whatever form, and / or remove a Member from the Scheme at any time where there is reasonable belief of:
27. Notwithstanding the above, Farm Source reserves the right to cancel your Farm Source Account or your Membership in the Scheme at any time without notice and without giving a reason for doing so. No consideration will be given for Eligible Spend Dollars earned but not redeemed at the time of Membership termination.
28. Members can choose to leave the Scheme at any time. By leaving the Scheme, Members forfeit all rights to any Eligible Spend Dollars already accrued.
29. Your Scheme Membership will terminate on your death. Eligible Spend Dollars and any other benefits earned but not redeemed at the time of your death will be cancelled for no consideration and will become the property of Farm Source, unless a transfer is permitted at Farm Source's sole discretion. We'll terminate your Membership and close your Farm Source Account when we receive notification of your death. We will not be liable for any loss or damage whatsoever suffered by any person as a result of such termination.
30. Farm Source reserves the right to suspend or terminate the Scheme at any time without prior notice.
31. Farm Source reserves the right to amend or withdraw the Scheme, Eligible Spend Dollars or any other benefits at any time. Farm Source will not be liable for any direct or indirect loss you suffer through the withdrawal of the Scheme or Eligible Spend Dollars.
32. Farm Source is not liable for:
33. Information about Members (whether provided by Members or by participating companies) will be collected and held by Farm Source. This information will be used by Farm Source, and its agents to provide services relating to the Scheme including to provide a telephone service centre, accounts, cards and market research. Information from the database will also be used by Farm Source, and its agents, for marketing purposes, planning, product development and research.
34. Each Member consents to the collection and use of their personal and other information in the manner set out above and the disclosure of such information to Farm Source's agents for the purposes of operating and marketing the Scheme. Information about Members may be disclosed to Farm Source's agents or a participating company if:
35. Information about Members will not be provided by Farm Source to any person except as provided in these Terms and Conditions or as otherwise permitted by the Privacy Act 1993.
36. Members may, under the provisions of the Privacy Act 1993, request access to and correction of their personal information held by Farm Source. These requests must be in writing. A fee may be charged for the reasonable costs incurred in responding to these requests. Any such fee will be disclosed to the Member before it is incurred.
37. Members may be able to express a preference for their Farm Source Account statement to be sent to their registered e-mail address or mobile phone number. We will endeavour to respect this preference but reserve the right to send such communications to the Member's registered postal address without prior notification to the Member. This may be necessary for business or policy reasons or where there are problems with the registered email address or mobile phone number provided by the Member.
38. Members have the right to opt out of mailings other than their Scheme communications by writing to Farm Source, 19 Home Straight, Te Rapa 3200, New Zealand or contacting customer services on 0800 731 266, email: firstname.lastname@example.org.
39. The promoter of the Scheme is RD1 Limited, trading as Farm Source,109 Fanshawe Street, Auckland, New Zealand.
40. Farm Source Accounts, Farm Source Account cards and Eligible Spend Dollars cannot be exchanged for cash, transferred, bought, sold or in any way traded.
41. Farm Source reserves the right to change these Terms and Conditions, at any time for legal, regulatory, business or policy reasons. Members who continue to participate in the Scheme following such a change will be considered to have accepted the updated Terms and Conditions.
42. These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
43. A person who is not a party to these Terms and Conditions shall have no right under the Contract and Commercial Law Act 2017 to enforce any term of these Terms and Conditions, but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
44. If Farm Source does not exercise or enforce any right available to it under these Terms and Conditions, it does not constitute a waiver of those rights.
45. These Terms and Conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
46. Farm Source (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Farm Source website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Scheme.
47. In these Terms and Conditions: