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Terms & conditions

These terms and conditions apply solely to Countdown Online Shopping. Separate terms and conditions apply to other websites hosted by us, such as countdown.co.nz.

1. GENERAL

1.1 Definitions

1. "Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing Countdown Online Shopping who is not registered to use Countdown Online Shopping.

2. "Delivery Point" means an outside area of the Premises, such as the Customer's front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. For customers who live rural, the delivery point may not be the residence stated.

3. "Fulfilment Fee" means the fee you as the customer must pay to have your order picked, packed and delivered and may also be referred to as "delivery fee".

4. "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

5. "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.

6. "Login" means a Customer's personal email address and password used to access Countdown Online Shopping under that Customer's registration.

7. "Onecard" means the Onecard loyalty programme used within our supermarkets.

8. "Premises" means the premises at the address specified by the Customer on their registration application, as amended from time to time.

9. "Products" means the products for sale in Countdown Online Shopping.

10. "Store Policies" means the store policies of Countdown Online Shopping, set out in the section of the same name on Countdown Online Shopping.

11. "Countdown" means Progressive Enterprises Limited, which is the seller of the Products.

12. "Countdown Group" means Countdown, its related companies, and directors, officers, employees or agents of Countdown or its related companies.

13. "Countdown Online Shopping" means this internet site owned by Countdown, being the medium by which Products are offered for sale online by Countdown to the Customer.

1.2 Use of Countdown Online Shopping subject to terms and conditions

Your access to, and use of, Countdown Online Shopping is subject to the following terms and conditions. By using Countdown Online Shopping you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Countdown Online Shopping constitute legal offers to purchase, and are capable of being accepted by Countdown without any further reference to the Customer.

1.3 Terms and conditions to prevail

These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policies.

1.4 Countdown discretion to accept registration

Countdown has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.

1.5 Countdown discretion to accept orders

Countdown has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Countdown may cancel an order for any reason whatsoever.

1.6 Registration and access costs

No costs are payable to register to use Countdown Online Shopping, but Customers are responsible for any costs incurred in using Countdown Online Shopping, including any charges imposed by their internet service provider.

1.7 Suspension or termination

Countdown may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through Countdown Online Shopping for any reason whatsoever.

1.8 Customer liable for every order

Customers are liable for every order made under their Login.

1.9 Trading hours

An order submitted by a Customer before 1:00 pm on Anzac Day or at any time on Good Friday, Easter Sunday or Christmas Day shall not be accepted by Countdown immediately at checkout but shall be deemed to have been accepted by Countdown at 1:05pm on Anzac Day or 12:05 am on the day following Good Friday, Easter Sunday or Christmas Day (as the case may be).

1.10 Trade not supplied

Unless otherwise agreed, Customers may not purchase Products through Countdown Online Shopping for the purpose of resale.

1.11 Security of information

Countdown shall use its reasonable endeavours to prevent any unauthorised entry into Countdown Online Shopping. However, no member of the Countdown Group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

Why is Countdown Online Shopping safe?

Safe technology systems - Countdown Online Shopping uses an internationally recognised encryption protocol to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data it is stored on a secure server behind Countdowns' firewalls, so that your personal details are not accessible from the internet by any third party.

Safe payment systems - Countdown uses "Payment Express" to securely authorise credit card payments before any charges are made. For further information regarding "Payment Express" and how it encrypts and processes transactions, please visit www.paymentexpress.com.

Alternate methods of payment - If you do not wish to use your credit card to pay for orders you place at Countdown Online Shopping, you have the option to set up payment by direct debit. The option of using your credit card will remain available to you.

1.12 Site content

While Countdown has endeavoured to ensure that the information provided on Countdown Online Shopping is free from error, no member of the Countdown Group warrants its accuracy, adequacy or completeness, and no member of the Countdown Group shall be responsible or liable for any error in, or omission from, the information provided on Countdown Online Shopping.

We reserve the right to make changes to the information provided on Countdown Online Shopping at any time and without notice.

1.13 Use of the site

The Customer agrees not to use Countdown Online Shopping for any purpose that is unlawful or prohibited by these terms and conditions or the terms and conditions that apply to the Onecard programme. Customers may download the information on Countdown Online Shopping for their own personal use but otherwise neither Countdown Online Shopping, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Countdowns’ prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of Countdown Online Shopping, or damage the operation of Countdown Online Shopping, or Countdowns’ systems or those of other persons who use Countdown Online Shopping, whether by way of a virus, corrupted file, any other software or program, or otherwise.

2. PRICE

2.1 Pricing

The Customer shall pay Countdown for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.

Prices and deals available on Countdown Online Shopping may not necessarily be the same as the prices and deals available in Countdown stores. Any prices and deals available in Countdown' stores will only apply to Products purchased through Countdown Online Shopping if those prices or deals are specifically displayed on Countdown Online Shopping, and vice versa.

Countdown may vary the prices of the Products at any time without notice.

2.2 Currency

The prices of Products are displayed in New Zealand currency.

2.3 Prices inclusive of GST

The prices of the Products are inclusive of GST and any other sales tax.

2.4 Fulfilment fee

In addition to the price of Products ordered, the Customer shall pay Countdown a fulfilment fee. This fee covers the costs associated with picking, packing and the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. Countdown may change this fee at any time, and may reduce this fee if the Customer collects the Products ordered and this has been previously agreed to by Countdown.

For orders in excess of reasonable household quantities (whether in respect of any one Product or the total size of the order), Countdown reserves the right to adjust the fulfilment fee to reflect the actual cost of delivery. Whether any order exceeds a reasonable household quantity or not will be determined by Countdown in its absolute discretion. If Countdown chooses to adjust the fulfilment fee, the Customer will be contacted prior to the order being delivered to confirm acceptance of the revised fee. Deliveries of such orders will not be made unless and until this confirmation is obtained. No member of the Countdown Group shall be liable to the Customer for any delivery delays resulting from the need to obtain approval of the revised fee prior to delivery.

2.5 Adjustments to price

The Customer will be notified of any adjustments made to the total price of their order on the invoice which will accompany the purchased Products on delivery.

2.6 Variation of order and price

If the Customer requests a variation to the order under clause 6.1 which Countdown accepts then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.

2.7 Countdown may set credit limits

Countdown may from time to time set credit limits for individual Customers.

3. PRODUCT AVAILABILITY, RANGE, DEALS AND QUALITY

3.1 Product availability

Every effort will be made to fulfil orders placed with Countdown Online Shopping, but no member of the Countdown Group shall be liable to any person if Countdown is unable to or declines to supply a Product for any reason whatsoever.

Countdown reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.

Countdown may delay dispatch of orders that exceed reasonable household quantities due to stock availability.

3.2 Product range

Countdown reserves the right to limit the range of products available to certain areas.

3.3 Deals

Deals are subject to availability while stocks last. Countdown Online Shopping does not allow back orders for deals that are out of stock.

3.4 Product substitution

If Countdown is unable to or declines to supply a Product ordered by a Customer, Countdown may, except if the Customer otherwise directs by de-selecting the "Allow Substitutions" box at the online checkout, substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered.

If Countdown cannot make a substitution on this basis, Countdown may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the lower value Product, as at the time of receipt of the initial order.

Countdown reserves the right to refuse to substitute any particular Product for any reason whatsoever.

3.5 Product quality

If Countdown agrees that a Product was delivered to a Customer in a damaged or spoiled condition, Countdown shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was originally ordered).

3.6 Product labelling information

All products are sold in compliance with the labelling provisions of the Australia New Zealand Food Code. If the product delivered contains labelling information that does not meet with the customer’s requirements (e.g. ingredients, allergens, nutritional information etc.) the customer may return to their nearest Countdown Supermarket for a refund, or replacement product to an equivalent value, upon presentation of the product and accompanying online shopping invoice.

4. PAYMENT

4.1 Method of Payment

Customers must pay Countdown for the Products purchased by direct debit or by credit card. Countdown Online Shopping does not accept EFTPOS, cash, cheque, voucher or any other form of payment.

4.2 Payment by direct debit

If a Customer chooses to pay by direct debit, he or she must complete and return a direct debit instruction form, available initially at the point of registration, or at any time thereafter by contacting the Customer Care Centre (0800-40-40-40).

Following receipt of a valid direct debit instruction form, Countdown will process payment for all future orders placed by the Customer in accordance with that instruction form, unless otherwise instructed by the Customer.

The Customer shall notify the Customer Care Centre (0800-40-40-40) immediately if there is any change to the bank account number which the Customer wishes to use to pay by direct debit.

4.3 Payment by credit card

If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made, and Countdown will contact the Customer to make alternative payment arrangements.

Countdown reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.

4.4 Adjustments

If a Customer is invoiced an incorrect amount for any Product ordered, Countdown shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.

4.5 Debt collection

The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.

4.6 Change to payment policy

Countdown may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.

4.7 Vouchers

Gift vouchers and Christmas vouchers may not be purchased through Countdown Online Shopping.

5. DELIVERY

5.1 Delivery areas

If a delivery suburb is listed in the registration area, this does not imply that Countdown Online Shopping will deliver to all addresses within that suburb.

5.2 Right to withhold delivery

Countdown reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if Countdown permits) or alternative delivery arrangements are made.

5.3 Delivery and liability

Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of the Countdown Group shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of the Countdown Group for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.

Countdown shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.

5.4 Accessibility and safety

Customers shall ensure that their Delivery Point is easily accessible to Countdowns' couriers, and that it is safe for those couriers to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. Countdown reserves the right to charge Customers an additional fulfilment fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to Countdown are not reached, the Customer will be deemed to have cancelled the order, and will incur a $20 cancellation fee.

5.5 Change of address

The Customer shall notify the Customer Care Centre (0800-40-40-40) immediately of a change to its delivery address.

5.6 Delays to delivery

Notwithstanding any other term, no member of the Countdown Group shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Countdown or otherwise.

If Countdown considers that the delivery of a Customer's order is likely to be substantially delayed, Countdown may, but shall not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.

5.7 Delivery deemed to have taken place

Subject to clause 10.5, if no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.

5.8 Incorrectly or undelivered Products

If any Product delivered does not correspond with a Product ordered, the Customer may:

(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or

(b) reject the incorrectly-delivered Product, in which case Countdown will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).

If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), Countdown reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, Countdown reserves the right to charge the Customer for that Product.

If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, Countdown will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock Countdown may cancel the order for that Product) (in each case without incurring any cancellation fee), and Countdown will refund the value of the relevant Product (as at the date on which the Product was ordered).

This clause does not apply to Products that have been substituted in accordance with clause 3.4.

6. VARIATION/CANCELLATION OF ORDER

6.1 Variation/cancellation of order

(a)The Customer may vary or cancel the order up to the point in time that Countdown has commenced packing the order by contacting the Customer Care Centre (0800-40-40-40).

(b) If the Customer wishes to cancel an order after the order has been packed, the Customer will incur a $20 cancellation fee.

(c) If the Customer wishes to cancel a Rural or Provincial order after the order has been picked up by the Courier, the customer will incur a $20 cancellation fee, additional fees associated to the cost of the courier delivery tickets used for the order, and any subsequent costs associated for returning the order to the store by the Courier.

(d) If the Customer wishes to cancel a standard Metropolitan order after the order has been picked up by the Courier, the customer will incur a $20 cancellation fee, and any subsequent costs associated for returning the order to the store by the Courier.

(e) Countdown may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

the Products in that order are not available; or

there is an error in the price or the product description posted on the Site for the Product in that order; or

that we reasonably believe your order has been placed in breach of these terms and conditions.

(f) In the event of a cancellation by Countdown, Countdown will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.

7. PROPERTY/RISK

7.1 Products

Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.

7.2 Login

The Customer shall keep their Login details safe and confidential at all times.

8. WARRANTIES

Subject to clause 14, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of the Countdown Group other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of the Countdown Group assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.

9. LIABILITY AND INDEMNITY

The provisions contained in this clause 9 are subject to clause 14 to the extent applicable.

9.1 Product liability

The liability of the Countdown Group whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Countdowns' obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

9.2 No liability for indirect loss

No member of the Countdown Group shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, Countdown Online Shopping, or the delivery or failure to deliver any Products.

9.3 Indemnity

Notwithstanding any other term, the Customer agrees to indemnify each member of the Countdown Group against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of the Countdown Group, arising directly or indirectly out of the Customer's use of Countdown Online Shopping, any breach of these terms and conditions, or the delivery or failure to deliver any Products.

10. SPECIAL PRODUCTS

10.1 Tobacco

If the Customer's order includes any tobacco Product, the Customer warrants that he/she is over the age of 18 years and legally entitled to purchase any such Product.

10.2 Alcohol

If the Customer's order includes any liquor Product, the Customer warrants that he/she is over the age of 18 years and legally entitled to purchase any such Product, and that he/she is not under the influence of alcohol at the time the order is submitted.

10.3 Restrictions on use of Login to purchase tobacco or alcohol Products

The Customer shall ensure that no person or persons shall use his/her Login to purchase any tobacco or alcohol Product if that person or those persons cannot truthfully give the warranty in clause 10.1 or 10.2 (as the case may be) as if they were the "Customer" for the purposes of those clauses.

10.4 Right to seek verification

If a Customer submits an order containing tobacco or alcohol Products, Countdown may contact that Customer to verify their age. If Countdown is not satisfied as to the ability of the Customer to truthfully give the warranty in clause 10.1 or 10.2(as the case may be), Countdown reserves the right to cancel the order.

10.5 Acceptance of orders containing tobacco or alcohol

The Customer shall ensure that a person over the age of 18 years, and, in the case of orders containing alcohol, not under the influence of alcohol, is available to accept delivery of any order containing tobacco or alcohol. Countdowns’ couriers may request the person accepting delivery of the Products to produce satisfactory evidence of their age. If such evidence is not produced, the courier may refuse to deliver the tobacco or alcohol Product ordered. Countdown reserves the right to charge Customers an additional fulfilment fee to re-deliver such Products.

If a Customer does not wish for any such Product to be re-delivered:

(a) Countdown will refund the value of that Product (as at the date on which the Product was ordered); and

(b) where the order consisted solely of tobacco and/or alcohol Products, Countdown reserves the right to charge the Customer a $20 cancellation fee for the cancelled order.

Notwithstanding clause 5.7, a courier may refuse to complete a delivery if no person is present at the Delivery Point to accept a delivery containing tobacco or alcohol, or if the courier has reasonable grounds to believe that the delivery would have the effect of supplying tobacco or alcohol to persons under 18 years of age. The non completion of a delivery in accordance with this clause will be at the sole discretion of the courier and/or Countdown. Countdown reserves the right to charge Customers an additional fulfilment fee to re-deliver such Products.

If a Customer does not wish for any such Product to be re-delivered:

(a) Countdown will refund the value of that Product (as at the date on which the Product was ordered); and

(b) where the order consisted solely of tobacco and/or alcohol Products, Countdown reserves the right to charge the Customer a $20 cancellation fee for the cancelled order.

11. INTELLECTUAL PROPERTY

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Countdown Online Shopping and its contents is owned by, and shall at all times remain the exclusive property of, Countdown, its licensors and the providers of any other products and services accessible through Countdown Online Shopping, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.

12. FORCE MAJEURE

If the performance by Countdown of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit,electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Countdown) Countdown shall be excused from such performance to the extent of such prevention.

13. PRIVACY ACT

The provisions contained in this clause 13 only apply to personal information collected by Countdown on Countdown Online Shopping. Separate private policies apply to other products and services supplied by Countdown, such as Onecard.

13.1 Collection of information

Countdown Online Shopping contains applications which collect personal information about the Customer. Countdown will only use this information to the extent authorised by the Customer, and will only disclose it in the manner set out below.

In using Countdown Online Shopping the Customer authorises Countdown or Countdown’s agents to collect, retain and use their personal information for the purposes of:

(a) processing the Customer's registration application;

(b) assessing the Customer's credit-worthiness;

(c) undertaking any dealings or transactions with the Customer;

(d) enforcing any legal or other rights Countdown may have against the Customer in any manner that Countdown sees fit;

(e) sending the Customer any advertising or promotional material; and

(f) enhancing Countdown Online Shopping so that Countdown may offer you a better, more personalised and tailored service.

13.2 Collection from other sources

In using Countdown Online Shopping the Customer further authorises Countdown to collect personal information about the Customer from any other source available to Countdown including but not limited to credit referral agencies, the Customer's bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer has been associated.

13.3 Countdowns’ right to refuse application

If sufficient personal information is not supplied, or is not satisfactory to Countdown, then Countdown reserves the right to refuse to accept the person's application to register to use Countdown Online Shopping.

13.4 Countdowns’' use of cookies

Countdown Online Shopping may use 'cookies'. Cookies are an element of data that the website can send to your browser, which may then store it on your system. To use Countdown Online Shopping you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.

13.5 Website Analysis Tools

Countdown uses Google Analytics to collect information such as the number of visitors per day or the number of pages requested per day. In order for this to occur a small piece of code is placed on each page which counts these statistics.

This non-personal information gained is aggregated by Google Analytics and enables us to measure activity within our websites which in turn is used to continually improve our site and our service to our customers.

For further information about Google Analytics - Click here.

Emails sent on behalf of Countdown Online Shopping to registered shoppers may include code that measures e-mail response and click through activity.

13.6 Information retained by Countdown

Any personal information supplied by the Customer may be retained by Countdown until such time as the Customer requests that the information be removed.

13.7 Disclosure

Any personal information supplied by the Customer and retained by Countdown may be disclosed to other persons or body corporates engaged by Countdown for or in relation to any of the purposes listed in clause 13.1 above, including but not limited to:

(a) Progressive Enterprises Ltd employees.

(b) Research and/or marketing firms.

(c) Credit referral agencies.

(d) Business advisors.

Countdown reserves the right to disclose a Customer’s personal information when it believes it is appropriate to comply with the law, facilitate court proceedings or to otherwise protect Countdown’s rights. Countdown may also disclose aggregated shopper statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.

13.8 Storage of personal information

Countdown has taken many steps, from both technical and systems perspectives, to ensure that Customers' information is well protected. However it is important that Customers remember to never share their Login with any other person.

While Countdown endeavours to keep the Customer's personal information collected on Countdown Online Shopping secure and confidential, no member of the Countdown Group shall be responsible for any breach of security caused by third parties, nor represents that Countdown Online Shopping is completely secure.

Any personal information that a Customer provides to Countdown through Countdown Online Shopping will be collected and held by Countdown or on Countdown’s behalf. Countdown’s address is 80 Favona Rd, Mangere, Auckland 1640, New Zealand.

13.9 Customer's rights of access

The Customer has the right under the Privacy Act 1993 to access and request to update and/or correct their personal information held by Countdown. The Customer agrees to pay Countdown the reasonable charges requested by Countdown in relation to time and attendances involved in complying with the Customer's request in this regard.

Customers may access and update certain personal information held by Countdown in the "My Account" area of Countdown Online Shopping. The Customer can also request a change to this information by telephoning a Countdown Customer Care Representative on 800-40-40-40.

14. CONSUMER GUARANTEES ACT

The Customer acknowledges that where the Products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 ("CGA")), the provisions of the CGA shall not apply to the sale of the Products by Countdown.

The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.

15. ONLINE COMPETITIONS/PROMOTIONS

Competition terms and conditions can be found associated with each promotion on our competitions page.

16. ONECARD

16.1 Reward points

Onecard reward points can be earned by shopping through Countdown Online Shopping only when your Onecard number is added to your online shopping account. Please refer to the Onecard terms for further information on the Onecard.

16.2 Onecard Club Prices

Onecard club prices only apply when you purchase selected items through Countdown Online Shopping and have entered your Onecard number to your account.

17. COUNTDOWN ONLINE DELIVERY PASS

By purchasing a Countdown Online Delivery Pass on this website you are agreeing to the terms that appear below which will apply to all purchases of Countdown Online Delivery Pass by Countdown Online customers.

These Terms and Conditions were most recently updated on 5 October 2012 and shall only apply to purchases of Delivery Passes made from this date onwards.

For Terms and Conditions for Delivery Passes purchased before 5 October 2012, please click here.

17.1 Purchase of Countdown Online Delivery Pass

17.1.1 This website is operated by Progressive Enterprises Ltd ("we", "us" or "our"). Purchase and use of the Countdown Online Delivery Pass are governed by these Terms and Conditions, Countdown Online's standard Terms and Conditions of purchase, and its Privacy Policy.

17.1.2 The Countdown Online Delivery Pass is only available for use in full service areas excluding Great Barrier and Chattam Islands and is not available for customers who purchase items for the purpose of resale.

17.1.3 You must have a Countdown Online account to sign up for and use a Countdown Online Delivery Pass. We reserve the right to accept or refuse coupons at our discretion. Your contract for your Countdown Online Delivery Pass will begin once you receive email confirmation of your Countdown Online Delivery Pass and payment of the order has been finalised. You may not transfer or assign your Delivery Pass or the benefits.

17.2 Delivery Pass Fee and Cancellation

17.2.1 The Countdown Online Delivery Pass fee will be the fee displayed on the Countdown Online website at the time the customer purchases their Countdown Online Delivery Pass. This fee is non-refundable except as expressly set out below. Your Delivery Pass will be activated on the following working day, to allow for payment processing.

17.2.2 You have the right to change your mind and cancel your Countdown Online Delivery Pass within 7 days (counted from the day after the acceptance of your Delivery Pass is confirmed) provided you have not used your Delivery Pass in that time. This is known as the ‘cooling off period’. If you do decide to cancel you must do so by calling us on 0800 40 40 40, and we will issue you with a full refund for the cost of the Delivery Pass.

17.2.3 If you have purchased a Countdown Online Delivery Pass using a coupon code (giving money off your order on condition that you simultaneously purchase a Countdown Online Delivery Pass) and you subsequently cancel your Delivery Pass, we will issue you with a refund equal to the cost of the Delivery Pass less the value of the coupon code redeemed. The same cooling off period and non-usage restriction set out in clause 17.2.2 applies to this clause.

17.2.4 You are not entitled to cancel your Countdown Online Delivery Pass once this cooling-off period has expired or if you have received a delivery using your Delivery Pass.

17.2.5 Countdown Online reserves the right to change the Delivery Pass fee from time to time.

17.3 Benefits of Delivery Passes

17.3.1 For payment of an upfront fee, a 3 Month Countdown Online Delivery Pass entitles a Countdown Online customer to receive 10 prepaid deliveries from Countdown Online for the length of Delivery Pass three months without paying any additional delivery charges. This clause is subject to exceptions set out in clauses 17.3.6 and 17.3.7.

17.3.2 The period of use for a 3 Month Countdown Online Delivery Pass begins on the day that Countdown Online confirms that a customer's Delivery Pass has been activated, and expires three months from date of purchase. This clause shall not be affected by exceptions set out clause 17.3.6.

17.3.3 For payment of an upfront fee, a 6 Month Countdown Online Delivery Pass entitles a Countdown Online customer to receive 20 prepaid deliveries from Countdown Online for the length of Delivery Pass three months without paying any additional delivery charges. This clause is subject to exceptions set out in clauses 17.3.6 and 17.3.7.

17.3.4 The period of use for a 6 Month Countdown Online Delivery Pass begins on the day that Countdown Online confirms that a customer's Delivery Pass has been activated, and expires six months from date of purchase. This clause shall not be affected by exceptions set out clause 17.3.6.

17.3.5 Orders already placed when the Delivery Pass is valid will be subject to Countdown Online’s delivery fees applicable at that time.

Your Countdown Online Delivery Pass does not guarantee a delivery slot; it means that if a delivery slot is found on Countdown Online slot booking page, there will be no additional delivery charge for that slot.

17.3.6 Due to logistics constraints, Delivery Passes cannot be used during the Christmas delivery period. All deliveries during this period will be subject to Countdown Online delivery charges applicable at the time.

The Christmas delivery period is from 22 December to 25 December inclusive.

17.3.7 Fair Use Policy: The Delivery Pass may only be used by the named account holder and is not transferable.

17.3.8 Delivery may be made to any of your addresses specified by you in the "My Addresses" section of your account on the Countdown Online website, as long as they are in a full service area. You must notify us if you move home so that we can ensure that deliveries are made to the correct address.

17.3.9 Countdown Online reserves the right to change or withdraw your Delivery Pass at any time. We will contact you by email giving you 28 days notice of any such changes. If you feel that a change of your Delivery Pass is to your disadvantage, then please contact our call centre on 0800 40 40 40. Otherwise, your continued use after we notify you shall constitute your acceptance of these changes and you acknowledge that your right to these benefits will cease at the end of the notice period. Countdown Online will not be liable for any losses resulting from any changes to, or termination or withdrawal of, any Countdown Online Delivery Pass benefits.

17.4 Termination

17.4.1 Countdown Online reserves the right to monitor usage of the Countdown Online Delivery Pass service and to terminate such Delivery Pass (upon notice) if it believes, in its sole discretion, that:

• the Delivery Pass is being used in breach of the fair usage policy;

• if a customer is in breach of any other of the terms and conditions relating to the Countdown Online Delivery Pass or the Countdown Online Terms and Conditions of Purchase; or

• an Countdown Online Delivery Pass member has engaged in conduct that involves fraud or misuse of an Countdown Online Delivery Pass or is harmful to our interests.

In the case of such termination by Countdown Online, no refund will be given.

17.4.2 If orders are not paid for in full or a customer's bank declines payment on a customer's bank card and as a result money is owing to Countdown Online, then Countdown Online reserves the right to suspend the customer's ability to place further orders on the Countdown Online website until such time as the outstanding balance has been paid in full. In this event, the Countdown Online Delivery Pass member will forfeit the use of their Countdown Online Delivery Pass for the period of the suspension and shall not be entitled to receive a refund or an extension.

17.4.3 Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

17.4.4 Subject to clause 3.9, Countdown Online reserves the right to make improvements or changes to these Terms and Conditions at any time (including without limitation the correction of errors, omissions, inaccuracies or ambiguities and to meet legal or regulatory requirements). If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

18. LINKS TO AND FROM OTHER WEBSITES

18.1 Links to third party websites

Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by the Countdown Group. The Countdown Group does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than Countdown Online, www.progressive.co.nz or www.countdown.co.nz.

18.2 Hyperlinks

The Customer agrees that it will not create a hyperlink to Countdown Online Shopping without Progressive Enterprises Ltd express written permission. If a Customer does create a hyperlink to Countdown Online Shopping, that Customer is responsible for all losses any member of the Countdown Group may suffer as a result of that link, whether direct or indirect. Linking to Countdown Online Shopping is at the Customer's own risk. The Customer agrees that is shall not frame any part of Countdown Online Shopping by including advertising or other revenue generating material.

19. VARIATION OF TERMS AND CONDITIONS

From time to time Countdown Online Shopping may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of Countdown Online Shopping after the terms and conditions have been changed indicates your acceptance of those changes.

20. GOVERNING LAW

New Zealand law governs the use of Countdown Online Shopping and these terms and conditions.

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