Nutrien Rewards - General Terms & Conditions
Effective 12 November 2020
1. Definitions and Interpretation
In these Terms, unless the context otherwise requires:
a. Nutrien means Nutrien Ag Solutions Limited ACN 008 743 217 and includes its Related Bodies Corporate;
b. Nutrien Account means the Participant’s Nutrien Trading Account (including a trading account with Nutrien or one of its Related Bodies Corporate, if applicable) that they have access to via the Nutrien Rewards Website or through any other means that Nutrien has authorised;
c. Nutrien Rewards Website means https://www.nutrienrewards.com.au;
d. Nutrien Store means any Nutrien Ag Solutions store that is fa part of the Program, including any corporate, joint venture or profit share stores;
e. Participant means a Nutrien customer who has registered and been accepted by Nutrien to join the Program;
f. Participating Products means those Participating Products shown on the Nutrien Rewards Website which if purchased allow a Participant to accumulate Points;
g. Points mean Program rewards points earned during a Program Period in accordance with these Terms;
h. Program means the Nutrien Rewards Program operated by Nutrien;
i. Related Body Corporate is as defined in the Corporations Act 2001 (Cth);
j. Rewards means the rewards products available upon Points redemption as set out online on the Nutrien Rewards Website;
k. Terms means these terms and conditions, as amended and published on the Nutrien Rewards Website from time to time.
2. Who can be a Participant?
To be eligible to participate in the Program, a Participant must:
a. hold a current Nutrien Account;
b. have a current Australian residential or business address (as applicable);
c. provide a valid email address; and
d. complete the online Program registration form on the Nutrien Rewards Website.
3. How do Participants register?
a. Participants are deemed to have agreed to participate in the Program on, and to be bound by, these Terms by completing and submitting the online Program registration form.
b. Membership to the Program can begin at any time. Points may be earned from the date a correctly completed online Program registration form is submitted online.
c. Joining is free and there are no fees to continue as a Participant.
4. How do Participants earn points?
a. A Participant will earn Points by purchasing Participating Products from Nutrien Stores using their Nutrien Account.
b. The number of Points earned by a Participant will be the number that Nutrien attributes to a Participating Product as published on the Nutrien Rewards Website as at the time of purchase. Nutrien reserves the right to establish the final allocation or non-allocation of Points to Participating Products and/or vary the number of Points attributed to a Participating Product.
c. Products shown on the Nutrien Rewards Website may not be stocked or available at all Nutrien Stores. Further information can be supplied upon request by a local Nutrien Store.
d. Nutrien reserves the right to update, at its own discretion, the Participating Products list from time to time, including adding new products, removing products or updating the number of points accrued for each product.
e. Participants may check their Points balance by logging in to the Nutrien Rewards Website with their Nutrien Account details.
f. If a Participant returns a Participating Product, Nutrien may claim back the Points from the Participant’s Nutrien Account associated with that return.
5. Redeeming Rewards
a. Unless otherwise advised by the Nutrien Rewards Administrator in writing, Participants may redeem Points for Rewards online at the Nutrien Rewards Website (when they are logged into their Nutrien Account) at any time while still a part of the Program.
b. All items included on the Nutrien Rewards Website have been included in good faith and on the basis that the items described were available in reasonable quantities at the time of publication.
c. Nutrien cannot guarantee availability nor will be responsible if items are unavailable as a consequence of the failure of suppliers to deliver at all or on time or through any other circumstances beyond the control of Nutrien.
d. Nutrien reserves the right to correct any errors on the Nutrien Rewards Website at any time.
e. Failure of suppliers to deliver in accordance with samples, descriptions or other unintentional errors may result in some items being unavailable. In this circumstance, an alternate item of equivalent quality and value will be supplied.
f. Images used on the Nutrien Rewards Website are for illustrative purposes only and items supplied may differ from these images. Participants release Nutrien of any and all liability for any representations made by third parties in any of the advertisements contained in the Nutrien Rewards Website.
g. Nutrien reserves the right to restrict the redemption of Rewards at its reasonable discretion.
h. If a Participant returns any Reward after redemption, the Participant is not entitled to claim back Points from such returns.
i. Points cannot be exchanged for cash and no cash payment will be made for unclaimed or forfeited Points. In the event of death of a Participant, any request by a beneficiary, spouse or immediate family wishing to claim or use Points remaining in the account must be notified in writing to the Nutrien Rewards Administrator, Level 10, 737 Bourke Street, Docklands, Victoria, 3008. Nutrien may allow the beneficiary, spouse or immediate family of the deceased Participant to transfer or use these Points at Its sole discretion.
6. Points + Pay
a. Under the “Points + Pay” offering (Points + Pay), Participants may use a combination of Points and cash to redeem a Reward.
b. Before redeeming a Reward using Points + Pay, Participants must have at least 70% of the points value of the relevant Reward.
c. The Points redemption amounts includes any relevant taxes that may apply.
d. Participants are not permitted to use Points + Pay to purchase Products.
e. Participants who redeem Rewards using Points + Pay are not permitted to return or exchange those Rewards unless otherwise in accordance with these terms (ie under Australian Consumer Law).
7. Can Points expire?
Participants must remain active in the Program to retain Points they accumulate. If a Participant’s Nutrien Account is inactive for more than 12 consecutive months, that Participant will forfeit all of their accumulated Points. Participants will remain active in the Program by earning Points on their Nutrien Account or redeeming Points for Rewards.
8. How do Participants exit the Program?
a. Participants may exit the Program at any time by notifying the Nutrien Rewards Administrator:
i. in writing at Level 10, 737 Bourke Street, Docklands, Victoria, 3008;
ii. by phoning 1300 257 382; or
iii. emailing firstname.lastname@example.org.
b. Exiting Participants must redeem their Points on or prior to their exit from the Program. Points not redeemed in accordance with these Terms will be forfeited by the Participant.
9. Double Points Offers
a. If Nutrien offers any “Double Points” promotions (Double Points Offer), this clause 9 will apply to such promotions in addition to the remainder of the Terms.
b. Double Points Offers permit eligible Participants to earn double the usual advertised points on participating products.
c. To be eligible for the Double Points Offer, the Participant must purchase the promoted products during the advertised promotion period using their Nutrien Account.
d. Points associated with the Double Points Offer purchase will be applied to the Participant’s Nutrien Account on the Rewards website in the following month in which the purchase was made.
10. Limitation of Liability
a. Any warranty related to a Participating Product is provided by the manufacturer (as applicable).
b. Except for the statutory guarantees that apply to goods and services purchased by consumers (as set out in Part 3-2, Division 1 of the Australian Consumer Law, Competition and Consumer Act 2010 (Cth)), Nutrien disclaims and excludes all other warranties and representations in relation to goods or services supplied by Nutrien to Participants. To the maximum extent permitted by section 64A of the Australian Consumer Law, if goods or services supplied by Nutrien are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Nutrien limits its liability, at its discretion, to the replacement of the goods or the supply of equivalent goods or to the cost of supplying the goods or services again.
c. The Participant acknowledges that Nutrien may, at its own discretion, suspend and/or terminate the Program, including the Participant’s ability to earn and redeem Points and Rewards and, to the maximum extent permitted by law, Nutrien is not liable to the Participant in any way in connection with such matters, including any unused Points associated with Participant’s Nutrien Account at the time of suspension or termination.
d. Subject to this clause 8, any liability that Nutrien may have whether for negligence, breach of contract or otherwise is limited:
i. in the case of any claim relating to a Reward, to crediting the number of Points used to redeem the Reward; or
ii. in any other case to a maximum of $0.002 for each Point held by a Participant at the time the liability arose.
11. Nutrien’s rights regarding Points
Nutrien reserves the right to forfeit, cancel or suspend Points where any part of Participant’s Nutrien Account remains unpaid for a period of 90 days or on Nutrien Accounts which are otherwise suspended or in default.
a. Rewards will be delivered to the address nominated by the Participant through their Nutrien Account.
b. Rewards cannot be delivered outside of Australia, or outside the State in which the Participant has registered, or to persons other than the registered Participant. Redeemed Rewards (except gift cards) must be delivered to a physical address and will not be delivered to PO Box addresses. Gift cards may be delivered to PO Boxes.
c. Nutrien accepts no responsibility for discrepancies after Rewards have been despatched. Any such claims will be investigated by the manufacturer (as applicable) after being directed in writing to the Nutrien Rewards Administrator, Level 10, 737 Bourke Street, Docklands, Victoria, 3008.
13. Use of Personal Information
a. Nutrien may provide to its contractors or agents, engaged for the purposes of administering the Program, certain personal information about a Participant and transaction details relating to a Participant’s Nutrien Account for the calculation of Points and the administration and promotion of the Program.
b. Information, including Points credited or debited, purchases, the amount spent and the method of payment (but not, for the avoidance of doubt, the details of any bank, credit card or debit card account numbers used for payment) may be sought, collected, used or disclosed for one or more of the following purposes:
i. administering the Program and the provision or performance of services relating to the Program;
ii. planning, research, and the promotion and marketing (whether targeted, direct or indirect) of goods, services or products of Nutrien or any organisation associated with Nutrien, and each Participant authorises Nutrien and any of its agents or contractors to collect and use that information or disclose it between themselves for the above purposes.
c. If participation is terminated, the Participant acknowledges that Nutrien may continue to use any data it has obtained while the Participant was participating in the Program.
a. Membership in the Program automatically subscribes each Participant to mailing lists maintained for Nutrien’s administration, promotional and technical emails, and SMS messages. Participants may opt out of receiving promotional, technical and SMS messages, by amending their Nutrien Account profile. Please note that, for legal reasons, Participants do not have the ability to opt-out of receiving administration emails.
b. Any previous or subsequent opt outs of Nutrien operations communications will not affect a Participant’s communication preferences for the Program.
a. These Terms:
i. replace all previous versions of Program terms and conditions and apply to all Participants; and
ii. may be varied at any time by Nutrien at its sole discretion.
b. Nutrien will provide Participants with at least 30 days’ notice of any material changes to these Terms.