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.
These Event Terms (Terms) govern your registration for, and attendance at events held by Nutrien (Events). Throughout these Terms, the terms “Nutrien”, “we”, “us” and “our” refer to Nutrien Ag Solutions Limited and its associated entities, and “you” refers to the individual or business registering for, or attending, Events.
The meanings of the terms used in these Terms and Conditions are set out below:
“Delegate” means the delegate agreeing to be bound by the Agreement with respect to their attendance at the Program.
“Accompanying Person” means any person, whether a spouse, partner, parent, sibling, child or other similar person, accompanying the Delegate to the Program.
“Agreement” means the agreement between Nutrien and the Delegate, which includes these Terms and the Registration Form.
“Program Organisers” means Nutrien and Zinc Group and Eventsonsite Pty Ltd collectively.
“Program” means the program, which the Delegate has accepted attendance for by either registration through the applicable form, redemption item via the Nutrien Rewards website or reply email to email@example.com, and in doing so has agreed to be bound by these Terms.
“Registration Form” means the reply email acceptance to firstname.lastname@example.org sent by the Delegate to register for the Event, or form completed by the Delegate to register for the Event, or Nutrien Reward item redemption via the Nutrien Rewards platform by the Delegate.
2. Event Registration:
2.1. It is your responsibility to review these Terms prior to registration for an Event. By registering for an Event, you agree to be bound by these Terms.
2.2. You can register for an Event by replying to the email invitation with acceptance to email@example.com. Your registration is confirmed when you receive an email notification from a Program Organiser confirming your registration.
2.3. Where you register for an Event on behalf of another Delegate or multiple Delegates, such Delegates will be bound by these Terms and any additional terms and conditions stated on the invitation email and you agree to procure their compliance with the same.
2.4. In the event of any inconsistency, conflict or ambiguity between these Terms and any terms and conditions stated on the invitation email, the provisions of the invitation email will apply.
3. Amendments, Cancellation and Postponement:
3.1. If applicable, Delegate Amendment to Travel Dates Amendments to travel dates must be made in writing to the Program Organisers. If you and/or any Accompanying Person wish to change your flights to travel outside of the Program dates, a change fee of AUD$55.00, per person per change, plus any applicable airfare difference will apply.
Cancellation or Change in Delegate: In the event that you or a Delegate are subsequently unable to attend the Event, subject to our approval, you may be able to transfer that booking to a colleague from the same organisation or family member for a fee. All such amendments must be notified to the Event Organisers at least 24 hours prior to the date of the Event. Under no circumstances may your Event booking be resold by you or on your behalf. If you are unable to attend or offer an alternative attendee from the same organisation in accordance with this Clause 3.1, if applicable, you will be charged the cancellation fees applicable at the date of the cancellation and the applicable airline booking conditions at that time and forfeit your place at the Event. Nutrien will have the right to set off any cancellation fees against any Fee refundable to the Delegate as a result of the cancellation.
3.2. Amendments to the Event We may, at our sole discretion and without liability to you, make changes to the Event timings, content, schedule and/or location (provided that any change in location shall be within a reasonable distance of the location previously advertised). We reserve the right to alter the medium in which the Event is to be delivered (i.e. in person or virtually) and shall give you reasonable notice of any such alteration. If an Event is altered from in-person to virtual or vice versa we shall not be liable to you for any amounts.
3.4. Event Cancellation or Postponement We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, or failure of any third party (or their services) including any subcontractor or supplier (Force Majeure Event). In the event that it is necessary to cancel or postpone the Event as a result of a Force Majeure Event, we will endeavour to arrange a replacement Event and, in such circumstances, your registration and these Terms shall apply to such replacement Event. You acknowledge that this shall constitute your sole remedy, and our only liability to you, in such circumstances. In the event that it is necessary to cancel the Event, we will refund you the amount of the Fee. You acknowledge that such refund shall constitute your sole remedy, and our only liability to you, in such circumstances.
4. Attendance at the Event:
4.1. You are expected to behave in a professional and appropriate manner at all Events. We reserve the right to refuse entry or require you to leave if your behaviour is deemed unacceptable.
4.2. You acknowledge that cameras, audio and video recorders may not be permitted at certain events. Nutrien will advise whether this is the case at each event.
4.3. Nutrien films and photographs every Event. You consent to being filmed or photographed by Nutrien (or its representatives) and to Nutrien using your name, likeness, image and/or voice in such photographs or films for the purpose of promoting our events, services and products. No remuneration is payable for such use.
5. Limitation of Liability and Release:
5.1. Other than as expressly stated in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
5.2. Nothing in these Terms shall exclude or restrict our liability to you for death or personal injury resulting from our negligence, the negligence of our employees in the course of their employment, or any other liability which cannot be excluded by law.
5.3. Subject to Clauses 5.1 and 5.2, we shall not be liable for: (i) loss of profits; (ii) loss of business; (iii) depletion of goodwill and/or similar losses; (iv) loss of anticipated savings; (v) loss of goods; (vi) loss of contract; (vii) loss of use; (viii) loss due to corruption of data or information; (ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; (x) inaccuracies in content or unavailability of content or delay in delivery of content; or (xi) loss or corruption of data ((i) to (x) together being "Losses"), whether or not we were advised of the possibility of such loss by you, any Delegate or any third party.
5.4. The views expressed by any speakers at the Event are their own. We shall not be liable for the views, acts or omissions of any such speaker or any other attendee at the Event. Any information given or distributed as part of the Event shall not constitute advice and should not be relied upon.
5.5. Subject to Clause 5.1 and 5.2, our maximum aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of or in connection with the performance of our obligations under these Terms will be limited to a sum equal to the amount of any Fee paid by the Delegate to attend the Event.
5.6. You will indemnify us and keep us indemnified from and against all claims, damage, losses, costs (including, without limitation, all reasonable legal costs), expenses, demands or liabilities arising out of or in connection with any breach by you of these Terms.
7. Travel Insurance:
All Delegates will be responsible for obtaining their own travel insurance, and it is highly recommended to have cover in place.
8. Special requirements:
If the Delegate and/or any Accompanying Person has any special dietary, cultural or health practices, it is the Delegate's responsibility to inform the Program Organisers of any of these at the time of registration if these needs are to be met during the Program. Whilst it may not be possible to guarantee that the special requirements can be accommodated, every reasonable effort will be made to do so and can only be done with prior advice.
9. Travel documents (where applicable):
9.1. The Program Organisers will forward the relevant travel documents to the Delegate approximately two weeks prior to the Delegate's departure from their departing city.
9.2. All registration fees, including those for Accompanying Persons, plus any related program expenses, must be paid in full before the Program Organisers will provide the Delegate with travel documents.
10. Governing Law:
This agreement is governed by the laws in force in the state where the event is being held and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the applicable state’s courts.
11. Nutrien will share your information with program suppliers for the purposes of facilitating the group bookings.
Nutrien Rewards Program Delegate Agreement:
This Agreement, comprising this document and the above Terms and Conditions, is entered into between the Delegate, Nutrien and Eventsonsite and the Zinc Group and its suppliers. This Agreement governs the Delegate's attendance at Nutrien Rewards Special Event programs. By entering into this Agreement and, the Delegate acknowledges and agrees that: