Partnership Plan Terms & Conditions
Version Date: 2 October 2023.
ABOUT THESE TERMS & CONDITIONS
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:
these Terms & Conditions; and
our privacy notice at https://www.syngenta.co.uk/partnershipplan/privacy (“Privacy Notice”) – this sets out more information on how we process your personal data and the rights which you have.
These Terms & Conditions constitute a legal binding agreement between you and us regarding the Partnership Plan.
In order to be a Partnership Plan member or use the Partnership Plan Platform you must:
be an authorised representative of a farm Business which farms arable land and has a business address in the UK (as defined in section 16 below);
already hold a Partnership Plan Account or create a new Partnership Plan Account in accordance with our online Partnership Plan registration process; and
read and agree to these Terms & Conditions.
These Terms & Conditions make use of certain defined terms which we have capitalized. These terms are defined throughout, or in section 16 below (Defined Terms).
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 13).
WHO WE ARE
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.
WHO YOU ARE
You are an authorised representative 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.
Unless the context otherwise requires, in these Terms & Conditions, “you” and “your” refers to: (i) the Business on behalf of which the Partnership Plan Account has been set up; (ii) an authorised representative of the Business who has access to administer the Partnership Plan Account (“Member”).
The Business: We do not offer membership of the Partnership Plan to consumers or to Businesses which do not farm arable land in the UK. In registering for an Account on behalf of a Business and accepting these Terms & Conditions:
you confirm that you are an authorised representative of that Business with authority to accept these Terms & Conditions on behalf of the Business;
you agree that the Business is not a consumer; and
you confirm that the Business farms arable land in the UK.
MEMBERS
Members: To access a Partnership Plan Account on behalf of a Business, you must be authorised by the Business as a Member. The Business is responsible for designating appropriate permissions for each Member (via the My Profile section of the Partnership Plan Platform). Members designated as “Primary Members” will be able to designate permission levels and add and remove other Members.
In registering as a Member:
you confirm that you are an authorised representative of the Business with authority to access the Account on behalf of the Business;
you agree to comply with these Terms & Conditions; and
you will ensure that any information which you provide (including information submitted in support of claims for Partnership Plan points) is correct to the best of your belief.
account information and Password security
It is the responsibility of the Business to keep the Partnership Plan Account details (including details of the Members) up to date at all times via the Partnership Plan Platform.
We will not be liable for any losses, damages, fraud, theft, errors or omissions attributable to incorrect or outdated Member authorisations, Member contact details, Business details, Reward delivery address or any other information supplied to us in relation to your Partnership Plan Account.
As a Member, 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.
We reserve the right to delete your Account if there has been no activity for three years and the points have expired.
claiming points
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 in respect of the Business’ use, during the Cropping Season, of the Syngenta products listed on the Partnership Plan Platform (“Eligible Products”).
Points are claimable 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 unit of Eligible Product used will be as set out on the Partnership Plan Platform.
The Submission Deadline for claims under section 6.1 is the 15th December following the end of the relevant Cropping Season. Therefore, to avoid disappointment, please ensure all claims are submitted before the applicable Submission Deadline.
To be valid, claims under section 6.1 must include details of current cropping as well as units of Eligible Products used during the relevant Cropping Season. Claims must be submitted through the online Partnership Plan Platform before the Submission Deadline.
We may make special offers available from time to time which enable you to claim additional Partnership Plan points. Any such special offers may be subject to their own claim criteria and their own terms and conditions, which we will make known to you via the Partnership Plan Platform.
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 (as described in section 6.5). Upon request, or where required by the terms of a special offer, you agree to provide proof of purchase and any other reasonably requested validation information to support your claims.
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 (as described in section 6.5)) or if we do not receive satisfactory and timely validation information, we reserve the right, at our discretion, to deduct the relevant number of points from your Account, deduct the relevant number of points from future claims and/or close your Partnership Plan Account and terminate your membership of the Partnership Plan.
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. Partnership Plan points cannot be used as full or partial payment for purchases made outside Partnership Plan.
Partnership Plan points have an expiry date, as specified within your Partnership Plan Account. Unredeemed Partnership Plan points will expire on the expiry date specified. Once expired, points 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.
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.
ordering rewards from the catalogue
Only Members with requisite permisson may redeem points on behalf of the Business. The Partnership Plan is only available in the UK (as defined in section 16 below). We will only deliver Rewards which are goods within the UK and only to the Business address specified within the Account as the delivery address. With respect to Rewards delivered by email, we will use the email addresses of the Primary Member.
The Catalogue describes the Rewards on offer, the likely delivery time, the price in Partnership Plan points and delivery and packing charges (if applicable). 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.
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.
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.
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.
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.
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.
All Rewards which are goods dispatched via courier must be received by an adult aged 18 years or over. If no-one is available to take delivery, we will make reasonable efforts to redeliver. In the event of two failed attempts to deliver, the Rewards will be returned and unless additional delivery charges are paid, as set in the Catalogue, your order will be cancelled and the points refunded to your Account. We reserve the right to cancel your order and refund the points to your Account if delivery is unsuccessful despite our reasonable efforts.
Rewards become your property and are at your risk from the moment of delivery to your Business address or email address.
Some Rewards, for example (but without limitation) travel, gift cards, 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.
customer services
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.
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
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.
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.
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.
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.
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.
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:
you make any further use of the Reward after making a warranty claim in accordance with section 9.3 or 9.4;
the defect or damage arises because you failed to follow the manufacturer’s or Provider’s instructions as to the storage, installation, commissioning, use or maintenance of the Reward or (if there are none) good business practice;
you alter or repair the Reward without our written consent; or
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, or which is caused by your negligence, or caused by abnormal use or working conditions.
Except as provided in section 13.4, 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.
There is no right to return a Reward and receive a refund of your points except as set out in this section. Any acceptance of such a return would be at our discretion and refund of points would be subject to the Reward being returned in unopened, unused and pristine condition.
These Terms & Conditions apply to any replacement Rewards which we supply under this section 9.
Changes to the Partnership plan
We reserve the right to change the Partnership Plan from time to time (including, without limitation, the list of Eligible Products and their points value, 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.
AVAILABILITY OF PARTNERSHIP PLAN PLATFORM
The Partnership Plan Platform is provided on an "as is, "as available" basis.
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.
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.
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.
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 12.1 above. In these cases, we will not be processing personal data and our activities are not constrained by our Privacy Notice.
LIMITATION OF LIABILITY
You agree that we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any
loss of profit (whether direct or indirect);
loss of anticipated savings;
loss of or damage to goodwill;
loss or corruption of data or information; or
any indirect or consequential loss
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:
arising under or in connection with these Terms & Conditions.
a sum equivalent to the value of the Rewards ordered by you in the Cropping Season to which your claim relates; or
if you have ordered no Rewards, the sum of one hundred pounds.
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.
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.
Nothing in these Terms & Conditions shall exclude or limit our liability for:
fraud or fraudulent misrepresentation by us;
death or personal injury caused by our negligence; or
any other liability for which we cannot exclude or limit or liability under applicable law.
MISCELLANEOUS
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.
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.
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.
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.
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.
GOVERNING LAW AND JURISDICTION
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.
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 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.