Terms and conditions

Terms and conditions

The bunch is an online community where members have the opportunity to try products, share their views about them, and to post articles, recipes, images and videos and start discussions. The bunch community and the Site is owned and operated by Woolworths New Zealand Limited in conjunction with Woolworths Group Limited in Australia (together referred to as "Countdown", "us", “our” or "we").

Please read these terms and conditions (“T&Cs”) before joining the bunch community or using the bunch website at bunch.woolworths.com.au (the “Site ”) because your access to and use of the Site, including your membership and participation in the bunch community, is subject to these T&Cs and our Privacy Policy. By accessing and using the Site, and by joining and participating in the bunch community, you agree that you will be subject to and will comply with these T&Cs. You acknowledge that specific team members at both Woolworths New Zealand and Woolworths Group in Australia will be able to view all content on the Site, including any chats with other bunch members, for the purposes of administering the Site, improving the services we provide and as otherwise set out in our Privacy Policy.

From time to time, we may change how the bunch community works (including things like samples, the way reviews and interactions are done, scoring, rewards, etc) and, these T&Cs. Where we change these T&Cs, the updated T&Cs will be posted on the Site and will be effective 2 weeks from posting; your continued use of the Site once the new T&Cs come into effect will mean that you accept and agree to the updates.

1. Being a member of the bunch community

1.1. For now, membership in the bunch community is by invite only. Also, to be a member you must be an individual, over the age of 18, have a current NZ residential address and must ‘sign-up’ to bunch membership via the Site (which includes acceptance of these T&Cs). You are responsible for ensuring that your details (provided by you on signing-up and accessible via the ‘My Profile’ section of the Site) are accurate and kept up to date.

1.2. Membership in the bunch community is non-transferable – it is just for you and you must not allow others to use your log-on details or participate in the bunch community on your behalf.

1.3. We may refuse your application for membership or terminate your membership at any time and for any reason, which may include your failure to comply with our Rules of Participation (detailed below) or a breach of these T&Cs. You may edit or terminate your membership at any time by visiting the ‘My Profile’ section of the Site.

1.4. As a member of the bunch community you may be invited to try a sample of products available at Countdown (“Products”). If you claim a sample offered to you, the offer will be loaded onto, and redeemable from, your Countdown Onecard, as applicable. We will send you a confirmation email to your nominated email address once the offer is loaded onto your Countdown Onecard, as applicable. You may collect the Product sample at a Countdown store by scanning your Countdown Onecard, as applicable, in-store. Product sample offers will include an expiry date and instructions for redemption and are only redeemable in accordance with those instructions prior to the specified expiry date. Product samples must be redeemed by you personally (unless otherwise notified), are only redeemable for the Product specified on the voucher and redeemable subject to Product availability, redeemable in one transaction only and cannot be exchanged for anything else (including for cash or gift cards). The issuing of Product sample offers (including the type, volume and frequency of vouchers being issued) will be at our absolute discretion.

1.5. From time to time, members of the bunch community may be given a Countdown Gift Card (or other Countdown branded gift card) for their participation in the bunch community (but never in exchange for posting a review). The issuing of gift cards (if any) will be at our absolute discretion and are subject to the standard terms and conditions applicable to such gift cards.

1.6. During your time as a member of the bunch community you may create and/or submit to the Site various materials including reviews, opinions, recipes, articles, photos, images, videos, comments, discussions or other information including your nominated member bunch nickname, gender, address, contact details and image (together, the “Provided Materials”).

1.7. You must not submit any material that may infringe a third party’s intellectual property rights. You warrant that:

           - our use (including without limitation, reproduction, publication, modification, adaptation and communication to the public) or exploitation of the Provided Materials does not, and will not, infringe any person’s rights in the Provided Materials (including intellectual property rights and moral rights);

           - if any of the rights (including intellectual property rights and moral rights) in the Provided Materials or any part of the Provided Material is owned by a third party, you warrant that you have obtained all licences, consents and authorisations necessary for you to submit those Provided Materials to us and to enable us to fully use and exploit the Provided Materials as contemplated under these T&Cs; and

           - you indemnify us against all losses, damages, liabilities, claims and expenses (including legal costs) incurred by us, arising out of or in connection with a breach of these warranties.

 1.8. You grant to us a sole, royalty free, transferable, sub-licensable, worldwide, perpetual licence to use and exploit the Provided Materials.

1.9 You acknowledge and agree that any of the Provided Materials may be used by us (in our absolute discretion) and that we may modify, edit or remove the Provided Materials as we see fit. For example, we may use the Provided Materials online on any of our websites and social media channels or in point of sale material, including for marketing purposes. To the extent permitted by law, you unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in the Provided Materials.

1.10. We do not have an obligation to use the Provided Materials.

1.11. To the extent that you create and/or submit Provided Materials that includes:

           - your name (including your bunch nickname), image and/or voice, you consent to us using your name, image and/or voice; and

           - a third person’s name, image and/or voice, you warrant that you have obtained their consent to us using their name, image and/or voice,

for the following purposes:

a.   to enable your participation as a member of the community, which includes considering any enquiries or requests you make, for the purpose of promoting our products and services to you, and facilitating your use of the Site;

b.   for research and analytical purposes, to help us improve our products or product offerings;

c. for marketing purposes; and

d.   to comply with our legal obligations.

1.12. You acknowledge and agree that any endorsement by way of testimonial (or in any other form) and/or any review you provide on the Site will be a true and accurate account of your own experience and can be substantiated on request.

1.13. You agree that we may send you information about current and future products and services, promotions, special offers, news and events from us (or our suppliers) via various channels and media (such as email, SMS, phone, mail, via ads on social media, etc) at any stage in the future. Your agreement is deemed to be effective until such time as you opt out of receiving direct marketing or tailored advertising via the relevant channel or media.

1.14 You agree to do all things reasonably required by us (such as signing and producing documents) as may be necessary or desirable to give full effect to the provisions of these T&Cs.

2. Rules of Participation (the bunch Code of Conduct)

2.1. Be authentic – the bunch community relies on honest views about the Products being shared. We value honest and well-considered views and this will further your interactions and engagement with the bunch community. You may not upload commercial or third party content on the Site or use the Site to solicit others to buy products, join or become members of any other commercial online service or other organizations. If you have a conflict of interest that affects or prevents you from providing honest and well-considered views about a Product, we would like you to tell us so we can manage the issue.

2.2. Be yourself – we want your opinion so tell us about your experience. Impersonating others (including a Countdown or other organisations’ employee, host, or representative, as well as other bunch members or visitors on the Site) is prohibited.

2.3. Be generous – your views and participation in the bunch community will help us provide better goods and services to members of the public, and the more you participate, the more engagement you will have in the bunch community.

2.4. Be decent – you must not:

 1. use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

 2. use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or bunch members, or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;

 3. post or transmit any obscene, indecent, defamatory, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

 4. tamper with or hinder the operation of the Site (which includes knowingly transmitting any viruses, or disabling or malicious code to the Site, using any site search or retrieval application or other mechanism to retrieve or index any portion of the Site, modifying, adapting, translating or reverse engineering any portion of the Site, using the Site to violate the security of any computer or other network); and

 5. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;

 6. disclose someone’s personal information without their consent. This means you must not upload any information reasonably capable of identifying them, including photographs, images or voice recordings without the consent of all persons included in the written content, photograph, image or voice recording and if any person is under the age of 18, the consent of that person’s legal guardian. You must also ensure that each of these persons (and their legal guardian, where relevant) is aware of our Privacy Policy (available at https://www.countdown.co.nz/about-us/our-policies/privacy-statement).

2.5. Be respectful – it is important that bunch members are able to express their considered and truthful views about Products and their experiences relating to food so you must be respectful of the views of bunch members; harassment or bullying of any kind via the Site or the bunch community is not acceptable and will not be tolerated. If you are concerned about any such behaviour on the Site or in the bunch community, you must report this to us immediately and we will address the behaviour ourselves.

2.6 Be active - we encourage members to actively log in and contribute to the community. To keep your account active, be sure to log in at least every 6 months. Accounts may be permanently retired due to prolonged inactivity.

3. Content on the Site

3.1. The content and Materials (defined below) of this Site are provided “as is” and we make no warranty or representation as to its accuracy, completeness or suitability.

3.2. You acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us; you must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any Materials without our prior written consent, and must not frame or embed in another website any Materials without our prior written consent.

3.3. The Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.

4. Liability

4.1. Our goods and services come with guarantees that cannot be excluded under the Consumer Guarantees Act. To the extent applicable, for major failures with the service, you are entitled to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion, to the extent applicable. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

4.2. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the consumer guarantee provisions of the Consumer Guarantees Act or our liabilities under those provisions:

a) you acknowledge that the Site (including all content and Materials accessible on the Site) is provided "as is" and that we do not make any warranty or representation as to the accuracy or suitability of the Site, anything (including content and websites) to or from which the Site is linked or any product for any purpose; the content of the Site and all content to or from which the Site is linked do not constitute advice and should not be relied on in making, or refraining from making, any decision;

b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site, the subject matter of our agreement with you and all content of the Site and all content to or from which the Site is linked; and

c) we will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.

4.3. Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

5. Linked websites

5.1 The bunch community may contain links to other websites, including those operated by third parties. We are not responsible for the content or privacy practices associated with linked websites.

5.2 The provision of linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

6. General

6.1. These terms and conditions are governed by the laws of New Zealand, and each party submits to the non-exclusive jurisdiction of the courts of that place.

6.2. We reserve the right to be able to close down the Site to New Zealand members at any time, at our discretion. In that case, these terms and conditions would terminate, except those provisions which by their nature survive termination.

Last updated: November 2019