NAFDA BEST OF THE BEST FOODSERVICE REWARDS - TERMS AND CONDITIONS FOR CUSTOMERS
1.1 These Terms and Conditions form the basis of the Best of the Best Foodservice Rewards. It is the responsibility of the Participant to read and understand them.
1.2 These Terms and Conditions are effective for the Term and may be amended by NAFDA from time to time. The current Terms and Conditions are those available at the NAFDA Rewards Website located at http://nafdarewards.com.au. Participants will be provided with a copy of the Terms and Conditions at the time of joining the Program and will be notified of material changes.
1.3 Every Participant is bound by these Terms and Conditions and any related rules, policies or procedures adopted by NAFDA from time to time.
1.4 Points may only be earned and/or redeemed in accordance with these Terms and Conditions as amended.
1.5 To the extent of any inconsistency between these Terms and Conditions and any related documents, these Terms and Conditions prevail.
1.6 Subject to clauses 1.3 and 3.2, the Program is open to all Customers of a NAFDA Distributor.
1.7 NAFDA’s decision on all matters pertaining to the Program, including but not limited to any dispute as to Rewards, the identity of a Participant, eligibility to participate in the program, or Points accumulated by a Participant is final and binding. No correspondence will be entered into.
2.1 In these terms and conditions unless the context requires otherwise:
(a) “Customer” means a customer of a NAFDA Distributor that is participating in the Program.
(b) “NAFDA” means NAFDA Limited of Level 2, 100 George Street, Parramatta NSW 2150.
(c) “NAFDA Distributor” means a company that is a member of NAFDA.
(d) “Participant” means a Customer. Customers of NAFDA include cafes, restaurants, pubs, clubs, hotels, catering businesses, hospitals, aged care facilities, prisons and schools. Excluded are government, contract customers and third party distributors, unless otherwise authorised by NAFDA.
(e) “Program” means the program subject to these Terms and Conditions also known as the NAFDA Best of the Best Foodservice Rewards Program.
(f) “Points” means the points allocated pursuant to the Program.
(g) “Points Redemption Period” means the one month period commencing on the date that the Participant receives notification of total points earned during the program period.
(h) “Program Brochure” means the brochure created and distributed pursuant to the Program.
(i) “Program Website” means the website portal build to facilitate the Program at http://nafdarewards.com.au
(j) “Reward” means any vouchers, gift cards or other goods offered to Participants pursuant to the Program from time to time.
(k) “Reward Point Target” is 10,000 Points.
(l) “Term” means the initial term and any subsequent term. For the purposes of this definition, the ‘initial term’ means the period commencing on the first Monday of March in the current year and expiring at the earlier of 31 January in the subsequent year or the date of termination of the Program by NAFDA in relation to the relevant NAFDA Distributor, provided that the initial term will automatically be extended by subsequent terms each of the same duration as the initial term so long as the relevant NAFDA Distributor is in compliance with the program at the commencement of each subsequent term and further provided that NAFDA has not terminated the Program in relation to the relevant NAFDA Distributor. For clarity, a Participant will no longer be entitled to participate in the Program where the relevant NAFDA Distributor ceases its participation in the Program or where the Participant notifies NAFDA that it does not wish to participate in the Program.
(m) “Privacy Laws” means all applicable laws, rules, regulations, directives and governmental requirements of Australia (and all other jurisdictions that apply to either party) relating in any way to the privacy, confidentiality or security of Personal Information.
(n) “Personal Information” has the meaning set out in the relevant Privacy Laws and includes any information that identifies or could be reasonably used to identify an individual, including names, addresses, email addresses, telephone numbers, government identification numbers, credit or debit card numbers or any other personally identifiable information, including copies of such information, and materials derived from such information, and any other information associated with or linked to such information.
(n) “Terms and Conditions” mean these Terms and Conditions.
3.1 Participation in the Program is only open to Customers. Points may be redeemed by Participants for the benefit of the Participants or the Participant’s employees in the Participant’s absolute discretion.
3.2 Government, contract customers and third party distributors are excluded from the Program, unless otherwise authorised by NAFDA. In addition, NAFDA in its absolute discretion may exclude any Customer from this Program.
3.3 Customers who wish to participate in the Program must register through the official online registration process Program website at http://nafdarewards.com.au
3.4 Each Participant may make only one registration in the Program.
3.5 It is the responsibility of all Participants to advise NAFDA of any changes to their status and contact details.
3.6 Participation is valid for as long as a Participant meets the definition of a Customer. If a Participant moves its business from NAFDA their Points will be forfeited and no further redemptions will be permitted.
3.7 Participants may cancel their participation at any time upon providing written notice to NAFDA. Upon receipt of such notice, accumulated Points for any such Participant will immediately expire.
Participant Obligations and Responsibilities:
4.1 Participants must not:
(a) act in any way which breaches these Terms and Conditions; or
(b) abuse or misuse the Program or any Rewards, benefits, services or arrangements accorded to a Participant as a result of their participation.
4.2 Each Participant is responsible for ensuring they have enough Points to redeem for any Reward they request.
4.3 Each Participant is responsible for regularly checking their Program account and must notify NAFDA of any omissions, incorrect entries or other discrepancies immediately.
4.4 Participants must redeem their Points through the Program Website.
Suspension or Termination of Participation:
5.1 If a Participant has committed a material breach of any of the Terms and Conditions, whether intentionally or otherwise, then NAFDA may (upon providing the Participant with notice) do any one or more of the following:
(a) suspend or terminate the Participant’s participation;
(b) reverse or cancel the Participant’s Points or any part thereof;
(c) cancel or refuse to honour any Rewards, benefits or both, that have been redeemed by or provided to the Participant.
5.2 Participation will terminate automatically upon the Participant ceasing to be a customer of a NAFDA Distributor.
6.1 NAFDA will award Participants Points for selected products purchased by the Participant from a NAFDA Distributor during the Term as nominated by NAFDA in the Program Brochure. Points will be allocated based on the net sales price (excl. GST) of Best of the Best product purchases.
6.2 ‘Points’ will be loaded to online accounts by the NAFDA Distributor on a monthly basis.
6.3 ‘Points will only appear in the Participant’s account once validated by NAFDA administrators. Points will then be made available for redemption.
6.4 Points will not be awarded in relation to any products that are cancelled, refunded or returned. NAFDA may cancel or deduct any Points that have been awarded in relation to cancelled, refunded or returned products.
6.5 NAFDA may, from time to time, approve other ways in which Participants may earn Points or be eligible for Rewards or benefits.
6.6 NAFDA may audit Participants during or subsequent to the completion of the Program to ensure compliance with these Terms and Conditions. If discrepancies are found during such an audit NAFDA may, without limiting its rights under these Terms and Conditions, terminate the Participant’s participation in the Program.
7.1 Points will expire upon completion of the Redemption Period if not redeemed by this time.
7.2 Expired Points will be processed at the completion of the Program.
7.3 Participants will be notified with an email to their nominated email address how many Points are set to expire. Points not redeemed within this time will expire.
7.4 Points cannot be re-credited once they have expired.
7.5 NAFDA reserves the right to cancel any Points credited to a Participant incorrectly, or not in accordance with, or in breach of, the Terms and Conditions at any time.
7.6 Points will be calculated monthly and displayed on the Program Website.
7.7 Any Point discrepancies must be directed to the Participant’s NAFDA distributor with the detail and nature of the discrepancy. If a Participant’s Point balance is incorrect their details will be amended.
Points and Redemption:
8.1 Participants may, during the Points Redemption Period, redeem their accumulated Points for a Reward or Rewards with a corresponding Points level (as specified by NAFDA, provided they have accumulated the Reward Point Target during the Term). For the avoidance of doubt, the points available for redemption are displayed in the Participant’s online account and are the only register of Points recognised by NAFDA. Participants must reach the Reward Point Target before being eligible to claim a Reward.
8.2 Participants who achieve the Reward Point Target will be required to redeem their points through the Program Website at the conclusion of the Term.
8.3 A Participant may redeem Points at any time during the Program Term provided that they have accrued at least 10,000 Points available for redemption. Any Points not redeemed by the expiry of the Program Term will be forfeited.
8.4 Participants may redeem their Points through their NAFDA Distributor. The NAFDA Distributor will complete the order through the Program Website.
8.5 A Participant is responsible for the actions of any of its staff who select Rewards on its behalf. All Rewards will be dispatched to the Participant for their own benefit. Rewards claimed by a registered or licensed club are subject to any State or Territory laws that apply, and Rewards must be claimed and used in a manner consistent with these laws. NAFDA and NAFDA Distributors accept no responsibility should the Participant not abide by these laws.
8.6 Unless otherwise specified by NAFDA, Points are not transferable and must be redeemed by the Participant to whom the Points were issued.
8.7 Points cannot be exchanged for cash.
8.8 Participants may not pool or combine Points with other Participants in order to redeem a Reward or a Reward of greater value.
8.9 Points are valid for redemption for a Reward in the absolute discretion of NAFDA.
9.1 Rewards are not transferable or exchangeable and cannot be exchanged for cash, unless otherwise authorised by NAFDA.
9.2 NAFDA accepts no responsibility for any variation in the value of a Reward.
9.3 Rewards issued may be subject to additional terms and conditions and these additional terms and conditions apply to the redemption of these specific Rewards.
9.4 NAFDA accepts no responsibility for any Reward that is issued in the form of a voucher, gift card or ticket, that is lost, stolen, or that has been tampered within anyway.
9.5 NAFDA may in its absolute discretion require the Participant, or any person who takes a Reward, sign a legal release in a form determined by NAFDA.
9.6 Rewards will be generally delivered within 15 working days of claim submission, however deliveries are subject to supplier conditions and NAFDA makes no guarantee in regards to when a Reward will be delivered.
9.7 To the extent permitted by law, NAFDA makes no warranties or representations about the fitness for purpose or suitability of any Reward and is not responsible for the quality or fitness for any purpose of any Reward, or the failure of any Reward to be of merchantable quality. If liability under terms of any legislation cannot be excluded, the liability of NAFDA is limited to re-supplying the relevant Reward or paying the cost of replacing it.
Changes to the Program:
10.1 NAFDA reserves the right to make any changes (whether material or otherwise) to the Program and the Terms and Conditions.
10.2 NAFDA will use best efforts to advise Participants of material changes to these Terms and Conditions.
10.3 Participants will be taken to have received the notice referred to in clause.
10.4 NAFDA notifies Participants of the change by providing notice at the email address provided.
11.1 NAFDA may, in its absolute discretion, at any time:
(a) change, amend or vary these Terms and Conditions;
(b) change, amend, vary, withdraw or cancel any Reward or the value of any Reward;
(c) withdraw, cancel, vary or change at any time, Points or the value of future Points;
(d) extend the Term; and
(e) exclude a Participant from, or cancel a Participant’s participation in, the Program without prior notice and without prior notice to the Participant.
11.2 NAFDA may, in its absolute discretion, at any time cancel the Program in whole (or in part) by giving not less than one week’s notice in writing to Participant.
11.2 NAFDA may, in its absolute discretion, at any time cancel the Program in whole or in part by giving not less than 1 weeks’ notice to Participants. Participants may redeem any accrued Points during that notice period.
11.3 Without in any way limiting the rights of NAFDA as set out in clause 11.1 and 11.2, if a Participant is, at any time during the Term, in breach of the Participant’s trading terms with a NAFDA Distributor or NAFDA considers that the Participant is not acting in accordance with these Terms and Conditions or acting honestly, fairly or in good faith, NAFDA may cancel the Participant’s participation with the Program and any Participant whose participation is cancelled may no longer access Rewards.
11.4 If, due to any reason whatsoever, NAFDA becomes aware that a Participant has not complied with these Terms and Conditions or has breached any law applicable to this Program, that Participant will have no entitlement to the Reward, even if NAFDA has announced them as a winner and the Participant will be required, at the direction of NAFDA, to return, refund or otherwise make restitution of the Reward.
11.5 Whilst all care is taken in the production of the Program Brochure, NAFDA reserves the right to correct any misprints or errors, and to the extent permitted by law, NAFDA will not be responsible for any such misprints or errors.
12.1 NAFDA accepts no responsibility or any liability for any tax implications that arise as a result of a Participant or other person receiving a Reward. Independent taxation and financial advice should be sought by each Participant. Where the operation of this Program results for GST purposes, in supplies being made for non-monetary consideration, Participant agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values. All taxes and any other costs related to this Reward not specifically stated within these Terms and Conditions are the sole responsibility of the Participant.
13.1 Except for any liability that cannot be excluded by law, NAFDA (including its officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Program, including, but not limited to:
(a) failure in performing its obligations under these terms and conditions caused by unforeseeable circumstances beyond its reasonable control.
(b) resulting from such withdrawals, cancellations, variations or change as set out in clauses 11.1 or 11.2;
(c) any technical difficulties or equipment malfunction (whether or not under NAFDA’s or NAFDA Distributor’s control);
(d) any theft, unauthorised access or third party interference;
(e) any correspondence or Reward claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by NAFDA or NAFDA Distributor) due to any reason beyond the reasonable control of NAFDA or the NAFDA Distributor;
(f) any variation in the value of any Reward; or
(g) any Reward.
13.2 The Participant agrees to indemnify and release and keep indemnified and released NAFDA (including its officers, employees and agents against any loss or damage suffered or any claim incurred by the NAFDA arising out of or relating to any breach of these Terms and Conditions by the Participant.
14.1 NAFDA collects personal information in order to conduct the Program. If the information requested is not provided, then the Participant may not participate in the Program.
14.3 In addition to clause 13.2, unless otherwise advised, each Information Supplier also agrees that:
(a) the details provided to the NAFDA Distributor or to NAFDA including purchase history may be retained by NAFDA on its database and the Information Supplier shall have no proprietary claim with respect to this database; and
(b) the Information Supplier shall indemnify NAFDA against any loss or damage that NAFDA may suffer as a result of the providing misleading or deceptive information provided by the Information Supplier or due to any infringement by the Information Supplier of the rights of a third party in respect of the supply of that information.
14.4 A request to access, update or correct any information held should be directed to NAFDA by calling 02 8833 9299.
15.1 The NAFDA Best of the Best Foodservice Rewards Program is available from participating NAFDA Distributors.
15.2 Entering into the Program is free
15.3 The Rewards available in the NAFDA Best of the Best Foodservice Rewards may vary between participating NAFDA Distributors.
15.4 For the purposes of the Program, the Promoter is NAFDA Limited (ABN 25 002 953 942 and can be contacted at the following address: Level 2, 100 George Street, Parramatta, NSW 2150.
15.5 These Terms and Conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the parties submit to the non-exclusive jurisdiction in New South Wales.