Partnership Plan Terms and Conditions
Version Date: 22 October 2020.
1. ABOUT THESE TERMS & CONDITIONS
1.1. These Terms & Conditions for Syngenta’s Partnership Plan loyalty scheme will apply from the Version Date set out above and supersede and replace all previous Partnership Plans terms and conditions. Please take a few minutes to review:
(i) these Terms & Conditions; and
(ii) our privacy notice at https://www.syngenta.co.uk/partnership-plan-privacy-notice (“Privacy Notice”) – this sets out more information on how we process your personal data and the rights which you have.
1.2. These Terms & Conditions constitute a legal binding agreement between you and us regarding the Partnership Plan.
1.3. In order to be a Partnership Plan member or use the Partnership Plan Platform you must:
(i) be the owner or authorized representative of a farm Business which farms arable land and has a business address in the United Kingdom of Great Britain and Northern Ireland, the Channel Islands or the Isle of Man (collectively referred to in these Terms & Conditions as the “UK”);
(ii) already hold a Partnership Plan Account or create a new Partnership Plan Account in accordance with our online Partnership Plan registration process; and
(iii) read and agree to these Terms & Conditions.
1.4. These Terms & Conditions make use of certain defined terms which we have capitalized. These terms are defined throughout, or in section 17 below (Defined Terms).
1.5. You should read these Terms & Conditions carefully before ordering any Reward. In particular, your attention is drawn to our returns policy for damaged or faulty Rewards (section 9), the position on warranties (including exclusion of certain implied warranties) (section 9) , as well as the limitations on our liability (section 14).
2. WHO WE ARE
2.1. We are “Syngenta” - Syngenta UK Limited (registered company no. 00849037, registered office address Cpc4, Capital Park, Fulbourn, Cambridge, CB21 5XE). In these Terms & Conditions we use the terms “we”, “us” and “our” to refer to Syngenta.
3. WHO YOU ARE
3.1. You are the owner or an authorized representative (Member or Delegate - as defined in section 4.1 below) of a Business which farms arable land in the UK and wishes to either remain a member of the Partnership Plan or to join as a new member.
3.2. Unless the context otherwise requires, in these Terms & Conditions, “you” and “your” means: (i) the Business on behalf of which the Partnership Plan Account has been set up; (ii) the owner of the Business; and (iii) each “user” (Member or Delegate - as defined in section 4.1 below) who has authorized access to the Partnership Plan Account.
3.3. We do not offer membership of the Partnership Plan to consumers or to Businesses which do not farm arable land in the UK. By accepting these Terms & Conditions, you agree that you are not a consumer and that you are the owner or an authorised representative acting on behalf of a Business which farms arable land in the UK.
4. TYPES OF USER
4.1. To access a Partnership Plan Account via the Partnership Plan Platform you must be authorized by the Business as either a Member or a Delegate.
(i) Members: Members must be either the owner of the Business or an employee, worker or other representative authorized by the owner to have Member status. Members can access the Partnership Plan Platform to administer the Partnership Plan Account including: (i) submitting cropping and product usage information to make Partnership Plan Reward claims on behalf of the Business; (ii) redeeming Partnership Plan points for Rewards due to the Business via the Catalogue; and (iii) authorising other employees, workers or representatives of the Business to be appointed as Delegates. Each Business with a Partnership Plan Account will have only one user with Member status but may have multiple Delegates. If you are the Member, you must be an authorized representative of your Business, with the authority to bind your Business to these Terms & Conditions.
(ii) Delegates: Delegates are users who have authority to submit cropping and product usage information in support of Partnership Plan reward claims on behalf of a Business but cannot redeem Partnership Plan points or authorise other Delegates. Delegates may be employees, workers or other representatives of the Business which has the Partnership Plan Account or they may be employees, workers or representatives of an agronomy businesses which provides services to customers who are farm Businesses. You may be authorized as a Delegate of more than one Partnership Plan Member.
4.2. If you are a Delegate, you should be aware that your access to the Partnership Plan Account will be restricted and you will not be permitted to do certain things such as redeem points on behalf of a Business.
4.3. Irrespective of whether you are a Member or Delegate, you must comply with these Terms & Conditions. As a Member or Delegate, you agree to ensure that any information which you provide (including submission of information in support of claims) is correct to the best of your belief.
5. ACCOUNT INFORMATION AND PASSWORD SECURITY
5.1. It is the responsibility of the Business owner to keep the Partnership Plan Account details (including details of the authorised Member and any Delegates) up to date at all times. If you are the owner, you can do this by contacting Customer Services or following the online process for updating Account details on the Partnership Plan Platform. We will not be liable for any losses, damages, fraud, theft, errors or omissions attributable to incorrect or outdated authorisations, Member or Delegate information, Business details or any other information supplied to us (whether by you, the Member or any Delegate) in relation to your Partnership Plan Account.
5.2. As a Member or Delegate, you are responsible for keeping your Account password secure. This includes choosing a complex password that is not used for other accounts, and not sharing your password with, or otherwise providing access to the Account to any other person.
6. CLAIMING POINTS
6.1. In each “Cropping Season” (the period of time from 1 September to 31 August the following year), Businesses with a Partnership Plan Account are entitled to claim Partnership Plan points for their use, during the Cropping Season, of the Syngenta products listed on the Partnership Plan Platform (“Eligible Products”).
6.2. Points are claimable under section 6.1 only for genuine Eligible Products purchased by the Account holding Business, in its own name and used by the Business on arable land in the UK during the relevant Cropping Season. The points claimable per volume of Eligible Product used will be as set out on the Partnership Plan Platform.
6.3. Unless otherwise specified on the Partnership Plan Platform, the Submission Deadline for claims under section 6.1 is the 30th November immediately following the end of the Cropping Season. Therefore, to avoid disappointment, please ensure claims are submitted before the Submission Deadline.
6.4. To be valid, claims under clause 6.1 must include details of current and planned cropping as well as volumes of Eligible Products used during the relevant Cropping Season. Claims must be submitted through the online Partnership Plan Platform by a Member or Delegate before the Submission Deadline.
6.5. In addition to the offer set out in section 6.1, we may make special offers or promotions available from time to time which enable you to claim Partnership Plan points. Any such special offers or promotions may be subject to their own claim criteria and their own terms and conditions.
6.6. We reserve the right to validate all claims for Partnership Plan points, whether such claims are submitted under section 6.1 or under the terms of a special offer or promotion (as described in section 6.5). Upon request, you agree to provide proof of purchase and any other reasonably requested validation information to support your claims.
6.7. If we determine that any Partnership Plan points have been awarded on the basis of an incorrect or fraudulent claim (whether made under section 6.1 or under the terms of a special offer or promotion (as described in section 6.5) or if we do not receive satisfactory and timely validation information when requested, we reserve the right, at our discretion, to deduct points from your Account, deduct points in respect of future claims and/or close your Partnership Plan Account and terminate your membership of the Partnership Plan.
6.8. Partnership Plan points are for the exclusive use and benefit of the Business which made the claim. Points can be redeemed for Rewards via the Partnership Plan Catalogue only, have no monetary value, are not convertible to cash and cannot be transferred to another Partnership Plan Account.
6.9. Unredeemed Partnership Plan points will expire at the end of the third Cropping Season including the Cropping Season which the claim relates to. For example, points awarded in respect of claims during the Cropping Season that runs from 1 September 2020 to 31 August 2021, will expire on 31 August 2023. Once expired, points have no value and can no longer be redeemed for Rewards. We accept no liability to you in respect of expired points. Therefore, to avoid disappointment, please ensure that you redeem all points prior to expiry.
6.10. The Business is responsible for ensuring correct accounting and payment of any applicable taxes in respect of Partnership Plan points and Rewards received by the Business. The Business is also responsible for any other relevant costs or expenses incurred in relation to participation in the Partnership Plan.
7. ORDERING REWARDS FROM THE CATALOGUE
7.1. Only the Member may redeem points on behalf of the Business. Partnership Plan is only available in the UK (as defined in section 17 below) and we will only deliver Rewards within the UK, to the Business address or email address specified within the Account.
7.2. The Catalogue describes the Rewards on offer, the likely delivery time and the price in Partnership Plan points, inclusive of delivery. Although we have made reasonable efforts to provide accurate descriptions and images in the Catalogue, these are for illustrative purposes only and the delivery timelines are indicative only. To ensure availability, some Rewards may be limited to a maximum number per Business.
7.3. No form of payment or part-payment for Rewards will be accepted other than valid, unexpired Partnership Plan points from the Account of the Business placing the order. Partnership Plan Account holders cannot group together to redeem their Points collectively.
7.4. Your order is an offer to buy from us. A contract between you and us for purchase of a Reward will only be formed when we confirm dispatch. Communications indicating an order is being processed or fulfilled are not a confirmation of dispatch and do not constitute our acceptance of your order.
7.5. If you wish to cancel or change an order before we have accepted it, you will need to contact Customer Services before we confirm dispatch.
7.6. If we are unable to accept your order (whether in whole or in part), we will inform you as soon as possible. This might be because a Reward is unavailable, out of stock, an error in the price or description or because we are unable to meet the delivery timeline indicated in the Catalogue. We may offer a substitute Reward of equivalent value, but you do not have to accept this. If we do not accept an order or part of an order for any reason, we will promptly refund the relevant number of points to your Account.
7.7. You cannot cancel an order once we have accepted it unless we are at fault, for example, without limitation, a substantial delay in delivery (as per section 7.8) or non-compliance of a Reward with the warranty in section 9.1. Please contact Customer Services if you wish to cancel.
7.8. Delivery times indicated in the Catalogue and in our dispatch confirmation are indicative only. We will endeavour to update you on our best estimate of delivery time once Rewards are dispatched and will aim to deliver your Rewards within the time indicated. If we anticipate that we may not be able to deliver within the indicated time, we will let you know and take steps to minimise the effect of the delay. Provided we have done this, we will not be liable for the consequences of any delay which is beyond our reasonable control. If there is a risk of substantial delay, we may, at our discretion, allow you to cancel your order and receive a refund of the points to your Account.
7.9. Some Rewards must be signed for on delivery by an adult aged 18 years or over. If no-one is available to sign, we will make reasonable efforts to redeliver but we reserve the right to cancel your order and refund the points to your Account if delivery is unsuccessful despite our reasonable efforts.
7.10. Rewards become your property and are at your risk from the moment of delivery to your Business address or email address.
7.11. Some Rewards, for example (but without limitation) travel, events, digital products, subscriptions and services are subject to the specific terms and conditions of the “Provider” who produces or supplies the Reward. Depending on the Reward, the Provider may be a third party or it may be Syngenta or one of our affiliates. The Provider’s specific terms and conditions will apply in addition to these Terms & Conditions. To the extent that there is any conflict or inconsistency with these Terms & Conditions, the Provider’s Reward specific terms and conditions will prevail once we have delivered the Reward to your Business address or email address.
8. CUSTOMER SERVICES
8.1. If you need more information about Partnership Plan, have questions, want us to resolve an issue or want to make a complaint, please contact our Customer Services team. The details of how to do this are set out on the Partnership Plan Platform.
9. WARRANTY AND RETURNS
9.1. Although we have made reasonable efforts to provide accurate descriptions and images in the Catalogue, these are for illustrative purposes only. We provide the following warranties:
(i) in the case of Rewards which are goods, we warrant that we (which includes Syngenta as well as any relevant sub-contractor or agent) have the right to sell the goods and that, at the time of delivery, the goods will comply with the manufacturer’s specification; and
(ii) Rewards which are not goods (for example but without limitation, travel, events, digital products, subscriptions, services) are subject to the Provider’s specific terms and conditions and we warrant that, at the time of delivery, the Reward will comply with the Provider’s specification.
9.2. All implied warranties and conditions as to quality, description or fitness for purpose which are not expressly set out in these Terms & Conditions are excluded except to the extent that such exclusion is prevented by law.
9.3. Returns policy: Apple products - All Apple products are subject to Apple’s own warranty and returns policy. To make a warranty claim or return an Apple product, contact Apple’s customer services team in the first instance. Alternatively, our Customer Services team can help facilitate contact with Apple’s customer services.
9.4. Returns policy: Non-Apple products - The following returns policy applies to Rewards which are not Apple products.
(i) Faulty items (excluding Apple products): We will provide free return and, at our discretion, either replacement or repair of any Rewards which do not comply with the warranty in section 9.1, provided that you notify Customer Services within thirty days of delivery. If you do not notify Customer Services within this deadline, the manufacturer’s or Provider’s standard warranty and returns policy will apply and return to the manufacturer or Provider will be at your cost. This section 9.4(i) does not apply to Rewards which are not faulty but are delivered in damaged condition – such items are covered by section 9.4(ii) below.
(ii) Items delivered in damaged condition (excluding Apple products): Please inspect Rewards carefully upon delivery. Do not accept delivery and contact Customer Services if items arrive in damaged condition. If the damage is not apparent until after you have accepted delivery, notify Customer Services within one working day of delivery for free return and replacement. If you do not notify Customer Services within this deadline, we will have no obligation to replace the item under this section 9.4(ii). This section 9.4(ii) does not apply to items which are not delivered in damaged condition but are faulty – such items are covered by section 9.4(i) above.
9.5. We will not be liable for a Reward's failure to comply with the warranty in section 9.1 or be required to follow our returns policy as set out in sections 9.3 or 9.4 if:
(i) you make any further use of the Reward after making a warranty claim in accordance with section 9.3 or 9.4;
(ii) the defect or damage arises because you failed to follow the manufacturer’s or Provider’s written instructions as to the storage, installation, commissioning, use or maintenance of the Reward or (if there are none) good business practice;
(iii) you alter or repair the Reward without our written consent; or
(iv) the defect or damage arises as a result of fair wear and tear, wilful or accidental damage which is not caused by us or our agents, your negligence, or abnormal use or working conditions.
9.6. Except as provided in section 14, we shall have no liability to you in respect of a Reward’s failure to comply with the warranty set out in section 9.1.
9.7. These Terms & Conditions apply to any replacement Rewards which we supply under this section 9.
10. EXISTING MEMBERS WITH A PRE-PAID PARTNERSHIP PLAN CARD
10.1. We will no longer issue pre-paid cards as Rewards. If you have an existing pre-paid Partnership Plan card (“Card”):
(i) your Card is subject to the card issuer’s terms of service, which you agree to comply with;
(ii) your Card will cease to operate on 19th November 2020. Therefore, to avoid disappointment, please ensure you spend the funds before this date; and
(iii) funds on your Card will expire at the end of thirty-six months from when the funds were awarded, which may be prior to 19th November 2020.
10.2. We are not liable for the actions and omissions of the card issuer. Please refer to the card issuer if you have any questions or concerns.
10.3. We shall have no liability (including to make any payment to you, offer any replacement Reward or refund points) in respect of any unspent funds on Cards which cease to operate as set out in section 10.1(ii), in respect of any expired funds on Cards, or in respect of any breach or default by the card-issuer.
11. CHANGES TO THE PARTNERSHIP PLAN
11.1. We reserve the right to change the Partnership Plan from time to time (including, without limitation, the list of Eligible Products, the Rewards offered in the Catalogue, the price of Rewards in points, the way in which points are calculated, awarded or redeemed, the criteria for joining Partnership Plan, the claims process, validation requirements, Reward warranty and returns policy etc). Except to the extent expressly set out in these Terms & Conditions, we will not be liable to you in any way for possible consequences of changes to the Partnership Plan.
12. AVAILABILITY OF PARTNERSHIP PLAN PLATFORM
12.1. The Partnership Plan Platform is provided on an "as is, "as available" basis.
12.2. We do not guarantee that the Partnership Plan Platform will always be available. Although we will try to minimize disruption and inform you in advance of planned shut downs, we reserve the right to shut down the Partnership Plan Platform without prior notice.
12.3. To the fullest extent permitted under applicable law, and other than as expressly set out in these Terms & Conditions, we and our respective service providers and licensors disclaim all representations and warranties of any kind including: (a) all warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Partnership Plan Platform; (b) all warranties relating to delays, interruptions, errors, or omissions in the operation of the Partnership Plan Platform or any part of the Partnership Plan Platform; (c) all warranties relating to the transmission or delivery of the Partnership Plan Platform or its availability at any particular time or location; (d) all warranties relating to the security of the Partnership Plan Platform and that it is free of viruses, worms or other code that may manifest contaminating or destructive properties; and (e) all warranties relating to the use, validity, accuracy, currency, completeness, suitability, reliability of the Partnership Plan Platform.
13. OUR USE OF YOUR INFORMATION
13.1. You hereby grant us a non-exclusive, transferable, royalty-free, sub-licensable and perpetual right to use the cropping details and other information which you submit to us in connection with your Partnership Plan Account (“Information”) for the purpose of providing the Partnership Plan as well as for other business purposes, including improving our Partnership Plan, analysing the use of our agricultural products in aggregate, producing statistical or research outputs on agricultural matters, developing new offers and products and for any other purposes determined by us, subject always to these Terms & Conditions. As between you and Syngenta, you own your Information. To the extent that your Information includes personal data, we will only use such personal data in accordance with our Privacy Notice.
13.2. We may: (i) aggregate or otherwise anonymise personal data; or (ii) use your Information in a way that does not relate to you as an identifiable individual (for example, where the data relates to your Business). We may do this for a variety of business purposes, as described in section 13.1 above. In these cases, we will not be processing personal data and our activities are not constrained by our Privacy Notice. You can read our Privacy Notice https://www.syngenta.co.uk/partnership-plan-privacy-notice.
14. LIMITATION OF LIABILITY
14.1. You agree that we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any
(i) loss of profit (whether direct or indirect);
(ii) loss of anticipated savings;
(iii) loss of or damage to goodwill;
(iv) loss or corruption of data or information; or
(v) any indirect or consequential loss
arising under or in connection with these Terms & Conditions.
14.2. Our liability to you for breach of contract, for tort (including negligence), for breach of statutory duty or otherwise arising under or in connection with the Partnership Plan will be limited to: (i) a sum equivalent to the value of the Rewards ordered by you in the Cropping Season to which your claim relates; or (ii) if you have ordered no Rewards the sum of one hundred pounds. Any claim made under these Terms & Conditions must be made in writing to the Company Secretary, Syngenta UK Limited, Cpc4, Capital Park, Fulbourn, Cambridge, CB21 5XE and must identify the cause of and grounds for the claim in reasonable detail.
14.3. To the maximum extent permitted by law, you release us and hold us and our service providers and affiliates harmless from any and all liability whatsoever arising from your membership of the Partnership Plan or in connection with the Partnership Plan, including, without limitation, receipt, possession, use and/or misuse of points or Rewards.
14.4. Nothing in these Terms & Conditions shall exclude or limit our liability for: (i) fraud or fraudulent misrepresentation by us; (ii) death or personal injury caused by our negligence; or (iii) any other liability for which we cannot exclude or limit or liability under applicable law.
15.1. These Terms & Conditions constitute the entire agreement between us in relation to the Partnership Plan and your purchase of Rewards. Where there is any conflict between these Terms & Conditions and any other document or information about Partnership Plan, these Terms & Conditions will prevail. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty which is not set out in these Terms & Conditions and that you shall have no claim for misrepresentation based on any statement not set out in these Terms & Conditions, for example and without limitation, statements in the Catalogue or Partnership Plan Platform.
15.2. We may transfer our agreement with you and/or our rights and obligations under these Terms & Conditions to another organisation. We will contact you to let you know if we plan to do this.
15.3. You may not transfer our agreement or any of your rights and obligations under these Terms & Conditions to any other person without our prior, written consent.
15.4. If a court finds part of Terms & Conditions illegal, the rest will continue in force. Each of the sections of these Terms & Conditions operates separately.
15.5. Even if we delay in enforcing these Terms & Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms & Conditions, or if we delay in taking steps against you in respect of your breach of these Terms & Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16. GOVERNING LAW AND JURISDICTION
16.1. These Terms & Conditions shall be governed by the laws of England and Wales without regard to conflict of law principles and the ordinary courts of England and Wales shall have exclusive jurisdiction for any claims relating to these Terms & Conditions.
17. DEFINED TERMS
17.1. In these Terms & Conditions, the following terms will have the following definitions:
“Account” means a Partnership Plan account set up on behalf of a Business.
“Business” means a company, a sole trader or any other form of business entity.
“Catalogue” means the online Partnership Plan catalogue for purchase of Rewards using Partnership Plan points.
“Customer Services” means the customer service helpline for Partnership Plan which can be contacted via email or telephone as set out on the Partnership Plan Platform.
“Partnership Plan Platform” means the online portal for the Partnership Plan, including the Catalogue, through which Members and Delegates can administer the Partnership Plan Account.
“Reward” means a good or service offered to members of the Partnership Plan through the Catalogue.
“UK” means the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man.