Partnership Plan Terms and Conditions
Version Date 25 June 2019
This version of the Partnership Plan Terms & Conditions 2018-19 (“Terms applies retrospectively from 1 September 2018 and supersedes all previous versions. Please note in particular paragraph 7.10 which limits our liability to You.
1.1. This sales promotion (“Partnership Plan”) is operated by Syngenta UK Ltd (“Syngenta”, “Us”, “We”).
1.2A. The Partnership Plan is open to UK businesses that are end users of Syngenta products and use them on land in the United Kingdom of Great Britain and Northern Ireland. In these Terms, unless the context otherwise requires, all references to “Business”, “You” and “Your” means the business registered with Partnership Plan.
“Partnership Plan Member” means the authorised individual who will be responsible for submitting Partnership Plan reward claims on behalf of the Business and receiving any Partnership Plan rewards due to the Business.
1.2B. With effect from 25 June 2019, for new Businesses to register for the Partnership Plan, we require an authorised signatory (e.g. Director, Partner, Sole Trader/Owner) to: (i) sign and submit to Us a fully completed Partnership Plan application form (“Application Form”) including any relevant documents requested; and (ii) to nominate and authorise a Partnership Plan Member who will be responsible for submitting Partnership Plan reward claims and receiving any Partnership Plan rewards due to the business. The Partnership Plan Member may be (but does not have to be) the Applicant. You will remain responsible for any errors or omissions of your Partnership Plan Member.
1.2C. The Partnership Plan Member must be: 1) be over 18 years of age; 2) have a business address in the UK; and 3) with effect from 25 June 2019, for new Business applicants, fully complete and sign the relevant section of the Application Form.
1.2D. It is Your responsibility to keep the Partnership Plan contact details for the business up to date at all times, including Partnership Plan Member or nominated contact person details. We draw your attention to paragraph 5.10 below.
1.2E. If You wish to change or update the Partnership Plan contact details for your Business or nominate a different Partnership Plan Member, please contact Partnership Plan customer services.
1.3. These Terms apply to purchases of eligible products made from 1 September 2018 and the redemption of reward points earned prior to that date.
1.4. These Terms apply to Syngenta products in the following categories: (i) Syngenta “Eligible Products” (see paragraph 1.5 for details); and (ii) Exclusive Offers (see details on Syngenta’s Partnership Plan website (login at http://syngentauk.secure.force.com/loyalty) (“Website”). In each case, products must have sprayed on Your crop between 1st September 2018 and 31st August 2019 (the “Season”).
1.5. We may, at our discretion, offer “In-Season Special Offers” (additional rewards for Syngenta products) from time to time. These are not posted on the Website but will be communicated separately. In-Season Special Offers will be subject to these Terms but may also be subject to different or additional terms (“In-Season Special Offer Terms”). For example, they may apply only to Syngenta products bought during a short time period within the Season. We will notify You of In-Season Special Offer Terms when and if we make such an offer to You. In that case, In-Season Special Offer Terms will also be available upon request from Syngenta. In the event of any conflict or inconsistency between any In-Season Special Offer Terms and these Terms, the relevant In-Season Special Offer Terms shall prevail with respect to the particular In-Season Special Offer only.
1.6. All products listed in the Eligible Products list, Exclusive Offers list and/or the In-Season Special Offers list and which are registered for use in the UK are included within the Partnership Plan scheme. Syngenta reserves the right to remove products from the Partnership Plan at any time if Syngenta believes this is required by law.
2. Calculation of Points
2.1. Points will be calculated as follows: (i) Eligible Products points – as set out in paragraph 4 above and in the manner illustrated in the “How Partnership Plan Points are Calculated” document available at the “How it Works” area of the Website; (ii) Exclusive Offers points - as set out in the Exclusive Offer area of the Website; and (iii) In-Season Special Offers points - as set out in the In-Season Special Offers Terms (see paragraph 1.5 above).
2.2. Points are typically earned annually during the Season.
2.3. Points are usually calculated once a year, when product usage is submitted at the end of the Season, but We reserve the right, at our discretion, to calculate points and process rewards more frequently. Please note the minimum threshold for a reward pay-out is 10GBP, as set out in paragraph 5.3 below.
3. Measurement of Eligible Products
3.1. Your total spend on each Eligible Product is calculated by multiplying the total litres/kgs of the relevant Eligible Product used by You in a harvest year by the product’s average farm price for that product (calculated by referring to independent market research) or (in the case of Syngenta-branded Eligible Products only) where there is a lack of data, the Syngenta’s recommended non-service price (“Total Spend”). Your actual spend on ineligible Products is not taken into account.
4. Measurement of spend per hectare for each year
4.1. The level of spend per hectare achieved in all crops (except potatoes) in a Season will be determined by calculating the Total Spend on Eligible Products purchased by You for use in the relevant crop, divided by the total hectares of the relevant crop grown by You in the relevant Season.
4.2. The level of Spend per hectare achieved in the potato crop in a Season will be determined by taking the Total Spend purchased by You on Eligible Products for use in potato crops and dividing this by the number of applications made. The number of applications made is calculated by dividing the volume of Eligible Products purchased by You for use on the relevant crop by the product (result of multiplication) of the average use rate and the total hectares of the potato crop grown by You in the relevant Season.
4.3. Please note that some products will be subject to different reward calculations. These products can change year to year and will typically be communicated ‘in-season’. Please refer to the “Exclusive Offers” section of the Website for further details or to the In-Season Special Offer Terms communicated to You (if any).
5. How to claim points
5.1. You can claim points by providing us with details of all Eligible Products, Exclusive Offer products and In-Season Special Offer products purchased and used by the claiming business (and not subsequently returned to the seller) during the relevant Season (“Claimable Products”) online via the Website. All Claimable Products must have been purchased in the name of the identified business on Your Application Form.
5.2. In order to claim Your points Your Partnership Plan Member must submit the fully completed Partnership Plan submission by the 30th November following the end of the Season (unless You are notified by us that an alternate date applies). We reserve the right to refuse to process Partnership Plan submissions received after this date. You may instruct an agent (e.g. Your agronomist) to complete Your Partnership Plan submission on Your behalf, if you nominate them as you Partnership Plan Member.
5.3. Following receipt of Your Partnership Plan submission, subject to data validation, we will calculate Your total points earned. Points rewarded will be accredited at 10 points per 1GBP PROVIDED THAT You have earned sufficient points to qualify for a reward pay-out of 10GBP or more and subject to satisfactory proof of purchase and/or auditing as set out below. Points cannot be rolled over into a future Partnership Plan Season, so points qualifying for less than 10GBP will expire on the last day of the current Season.
5.4. Once validated, (see Website for details) and subject to satisfactory proof of purchase and/or auditing as set out below (and subject to You having accumulated a minimum reward of 10GBP), We will instruct our payment partner (currently WireCard Ltd (formerly Citibank Europe Plc (“Citibank”)) to issue a prepaid Visa card (“Prepaid Card”) to Your Partnership Plan Member in the amount calculated. Alternatively, we may instruct our payment partner to top-up a Prepaid Card previously issued, or, at our discretion, make a BACS transfer in pounds sterling to Your bank account. Amounts on Prepaid Cards are subject to expiry, normally within 36 months. Please also note the terms of paragraphs 6.1 and 7.7 below. For BACS payments of rewards, we will require You to provide us with UK bank account details in the name of the Business registered with Partnership Plan.
5.5. In respect of valid claims, Prepaid Cards will be issued in the name of the Business to the Partnership Plan Member that has been registered with Partnership Plan.
5.6. We (or our nominee) shall have the right to: (i) require satisfactory proof of purchase of Claimable Products before we make any reward payment to You; and (ii) to carry out an audit of your purchases of Claimable Products to ensure that your points have been correctly claimed by You. You agree to provide all reasonable assistance and documentary evidence to us to enable such an audit to be carried out.
5.7. In the event that We determine that any points have been awarded on the basis of an incorrect or fraudulent claim (or You fail to provide proof of purchase when requested or to cooperate with an audit), We reserve the right to cancel and void all points awarded in relation to that Season, to require immediate repayment of reward payments already made in respect of that Season, to cancel or void that Season’s credit from Your Prepaid Card and/or to deduct points from any Partnership Plan reward which You or Your business claims in future.
5.8. You will be solely responsible for any and all applicable taxes on reward payments and for any other relevant costs or expenses incurred in relation to the provision or use of any Prepaid Card. It is the sole responsibility of the recipient Business of any funds received from the Partnership Plan scheme to ensure the correct accounting treatment of those funds. Syngenta cannot be held responsible for any individual tax liabilities generated from such funds or from the incorrect treatment of the income.
5.9. You agree to comply with all additional terms and conditions of Your and Your Partnership Plan Member’s use of the Prepaid Card that may be required by WireCard Ltd on issue of the Prepaid Card.
5.10. Except for an annual rewards statement that We will send to the Applicant named on the Application Form (or any alternative authorised signatory of the Business notified to Us for this purpose from time to time), all other communications to the Business regarding Partnership Plan, including reward payments, the Prepaid Card and the Prepaid Card itself will be sent to the Partnership Plan Member using the then current contact details registered with Partnership Plan for the Partnership Plan Member. You agree to keep this contact information updated at all times. We cannot be responsible for losses, fraud, damages, theft, errors or omissions attributable to incorrect or outdated bank account or contact information supplied to us.
5.11. Prepaid Cards are non-transferable and not redeemable for cash by participants.
5.12. Subject to paragraph 5.3, all other accrued points that are not rewarded by a BACS payment or issued to a Prepaid Card or otherwise redeemed in accordance with this section will expire at the end of thirty-six months from the end of the calendar year in which they were awarded. If You do not accrue any points within a thirty-six month period, we may also remove You from Partnership Plan and delete Your Partnership Plan membership profile.
6. Expiry of Points
6.1. As set out above, balances on Prepaid Cards will expire (usually within thirty-six months) and we shall have no liability to make any payment to You in respect of any such expired credit on Prepaid Cards.
7.1. The points awarded under the Partnership Plan are personal to the particular Business purchasing the eligible Products and are not transferable to any third party (including for the avoidance of doubt any third party who facilitates the purchase of the Products).
7.2. Subject to paragraph 5.3, each Partnership Plan credit has a redeemable value of 10 pence.
7.3. We will send one annual Partnership Plan statement by post and/or email to the Applicant named on the Application Form (or any alternative authorised signatory of the Business notified to Us for this purpose from time to time), using the Business address information registered with Partnership Plan. . All other communications regarding Partnership Plan will be sent to the Partnership Plan Member using the contact details registered with Partnership Plan for the Partnership Plan Member.
7.4. Partnership Plan is only available in respect of eligible Products used on land in the United Kingdom of Great Britain and Northern Ireland.
7.5. While non-Syngenta products may be made available on Partnership Plan from time to time, the inclusion of such products on Partnership Plan does not constitute any recommendation of those products by Syngenta. All claims and enquiries in respect of such non-Syngenta products must be directed at the supplier or manufacturer of such product.
7.6. Where there is any conflict between these Terms and any other document or piece of information about Partnership Plan, these Terms will take precedence, except in respect of In-Season Special Offers, as set out in paragraph 1.5.
7.7. These Terms apply from 1st September 2018 as outlined above. You accept that we are not obliged to continue to run the Partnership Plan scheme after the expiry of the 2019 or subsequent seasons.
7.8. These Terms shall be governed by and construed in accordance with the laws of England and Wales. If any dispute arises between You and us in respect of Partnership Plan, we will discuss the situation with You. If we cannot reach agreement, the dispute will be exclusively resolved by the courts of England and Wales.
7.9. We reserve the right to amend the Partnership Plan scheme in any way and at any time, but will always honour points which have been previously issued and have not otherwise expired. Such amendments may include changes to the way in which points are calculated, awarded or redeemed, including the redeemable value of each credit or introduce additional criteria for joining
7.10. By participating in the Partnership Plan, You agree, to the maximum extent permitted by law, to release Us and hold Us harmless (and Our affiliates) from any and all liability whatsoever arising from Your participation in or in connection with the Partnership Plan, including, without limitation, calculation, awarding, acceptance, receipt, possession, use and/or misuse of a reward or Prepaid Card. Nothing in these Terms shall limit our liability in relation to death or personal injury caused as a result of our negligence.
8. Personal Data