Parts of these Terms

Your access to, and use of, this Site, including your Order of products through the Site, is subject to these terms and conditions (“Terms”) and Woolworths NZ’s Privacy Policy. Go to Privacy Policy page.

These terms are split into three parts (Introduction, Specific and General) and apply to the following Woolworths NZ websites and mobile applications (together, our Site):

• Woolworths NZ website at www.woolworths.co.nz
• Woolworths NZ mobile application (App)
• Woolworths NZ Christmas Club

Loyalty Programme

Please note that separate terms and conditions apply to the Everyday Rewards programme. See our

Everyday Rewards Terms and Conditions.

Your Woolworths Online shopping account and Everyday Rewards membership are linked. This means that you have the same login details for both and by opening a Woolworths Online shopping account you will receive all the benefits of our Everyday Rewards programme. Please see our FAQs to learn more. Go to FAQs page.

Commercial Orders

This Site is designed to enable our customers to easily purchase our products for normal household or workplace office consumption. Unless otherwise agreed, you may not purchase products through our Site for the purpose of resale. If we reasonably suspect that you are doing so, we may terminate your access to the Site, or we may refuse to fulfil any Order you place through our Site.

Large Orders

For orders in excess of reasonable household or workplace office quantities (whether in respect of any one product or the total size of the order), we reserve the right to notify you of the increased fulfilment fee that we propose to charge, to reflect the actual cost of delivery, which would need to be agreed by you prior to delivery. Alternatively, we may direct you to pick up from the relevant store at a time suitable to you and the store. Whether any order exceeds a reasonable household or workplace office quantity or not will be determined by us in our absolute discretion.

Acceptance of these terms by using our Site

By using this Site you acknowledge that you have read, understood and accepted these terms and the Privacy Policy, and agree to be bound by them.

From time to time we may update or revise these Terms. We will notify you of any material changes via our website and app. Your continued use of the Site (our website and app) after the terms have been changed, indicates your acceptance of those changes.

1. Price

1.1 Estimated price and actual price

Please select your local store as prices and range may vary by location.

The Order total shown in your “trolley” before you place your Order on the Woolworths Online Shopping site or the Woolworths App, is an estimated total only. This is because the final price of some items will not be known until after they have been weighed (e.g fruit, vegetables), or we need to substitute an out of stock item, which has a different price to the item in your “trolley”. When you place your Order, we authorise your credit card for the amount of the estimated Order total. Your Order confirmation email that we send you will also show your total estimated Order value. This amount is on hold until your Order is complete, at which time we will remove the hold for the estimated Order value, and charge you the final total. Most banks release the hold amount straight away, but some can take 2–3 days. On your statement, you’ll only see the final charge for what was delivered.

Any adjustments impacting the final total will be detailed on the invoice . The invoice will be provided to you in hard copy with your Order when it is either collected or delivered to you.

Subject to any error made in the display of prices, no adjustments are made to the estimated order total if the price of any Product ordered increases or decreases between the time the Order is submitted and the time when that Product is picked and delivered, and the final invoice is issued. For example, if a Product is on promotion when you submit your Order on a Sunday, but the promotion ends on Sunday at midnight, you will still be charged the promotional price when your Order is picked on Monday, despite the product having returned to its higher standard shelf price. Similarly, if a product is at its standard shelf price when you submit your Order on a Sunday, but there is promotion that starts on the Monday, you will still be charged the standard shelf price when your Order is picked and delivered on Monday, despite the product being advertised at a lower promotional price. The estimated order total can change for a number of reasons, including where:

• certain items such as fruit and vegetables or pre-packed weighed items like meat, poultry and cheese do not come in consistent weights. In this case, the actual price you will pay is the price of the products received (+/- 5 gms) using the per 100g/kg price that applied when the Order was submitted, or you can order certain weighted items by “each”
• when purchasing weighted products online, we aim to supply you with the amount you ordered as a minimum and will endeavour to get as close to this amount as we can. For example, if you order 1kg of apples, you might end up receiving 1.103kg of apples, that is because we aim to supply you with what you have ordered but we can’t guarantee that it will be the exact amount as products can vary in weight
• some products in your order may not be available at the time of picking and therefore may need to be substituted. If you have allowed substitutes, we will try to replace the unavailable product with a similar product of equal or higher value, but we will only charge you at the price of the originally requested product. Only as a last resort, will we substitute with a lower value product. In this case, we will charge you for the lower value product
• if you have not agreed to allow for substitutions, the final value of your order may reduce from the estimated order value, as a result of us removing products from your order that are not available
• we may provide you the option to make special requests for products. If you have ordered any “specially requested items” that you otherwise have not or cannot add to your trolley as part of your shop, the final value of your order may increase where we are able to supply you those products, as the price for any “specially requested items” are only added to your order total once we confirm they are available and have been picked for you
• in these cases, any adjustments made to the total value of your order will be communicated on the invoice which will be provided to you in hard copy with your order when they are collected or delivered to you.

1.2 Fulfilment Fee for Delivery or Pick Up

In addition to the price of Products ordered, you may need to pay Woolworths a Fulfilment Fee for the preparation of your Order. If applicable, we’ll show you the fee at the time you select the relevant window when placing your Order, or when you get to the checkout. We may change the applicable Fulfilment Fee at any time. The following additional terms apply to the Fulfilment Fee:

• the Fulfilment Fee may vary depending on your location, as different rates apply for rural or provincial Orders; you can check this in our FAQ’s section
• if we choose to adjust the Fulfilment Fee, you will be contacted prior to the Order being ready for pick up or delivery, 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 Woolworths Group shall be liable to you for any fulfilment delays resulting from the need to obtain approval of the revised fee prior to fulfilment; and
• the amount paid for any gift card purchases, as well as any Fulfilment Fee, is not included in the discountable spend amount for the purposes of calculating any coupon or Fulfilment Fee discount.

1.3 Bag Charge

A Bag charge per order will be added, at the checkout, to all Delivery Orders, including Delivery Orders under a Delivery Saver. For Pick Up Orders you have a choice of your order being packed into Woolworths bags, or your own bags (BYO Bags). If you select Woolworths bags for your pick up order, a Bag Charge will be added at the point of checkout. No Bag Charge will be added if you select BYO Bags for the Pick Up Order. The Bag Charge is a flat charge covering as many bags as needed to pack your order.

1.4 Variation of Order and Price

If you requested a variation to the Order (e.g. you change or cancel an Order as detailed under clause 7.1) and we accept the varied Order, the updated Order price will show on your invoice.

Adjustments to the total cost of an Order may appear as a pending balance in your bank account. For some bank and card types there may be more than one pending balance showing on your account for a few days. The money is not taken out of your bank account until the Order is fulfilled and the final Order price has been calculated.

1.5 Trading hours

An Order submitted by you before 1:00 pm on Anzac Day or at any time on Good Friday, Easter Sunday or Christmas Day will not be accepted by us immediately at checkout but shall be deemed to have been accepted by us 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).

1.6 GST

Unless otherwise specified, the prices of products are displayed in New Zealand currency and are inclusive of GST and any other sales tax.

1.7 Metro

Woolworths Online Shopping is not available at Metro stores. Pricing displayed on Woolworths NZ’s Online Shopping Website and Woolworths App does not apply to Metro stores.

1.8 Online Only Offers

Pricing displayed on products on Woolworths Online Shopping Website and App marked as "Online Only Offers", can only be redeemed through Woolworths Online Shopping and such pricing does not apply to the same products in physical Woolworths stores, or Metro stores.

1.9 Savings and Discounts

Prices shown with a saving or discount already include the saving or discount and are based on the non-promotional price (which excludes multibuy offers and Everyday Rewards Member Prices) that may vary between stores. Where Everyday Rewards Member Prices apply, the Everyday Rewards terms and conditions apply.

1.10 Availability in stores

Certain products (such as specific liquor, general merchandise, deli and bakery items) are not available in all stores. Some images are styled and are serving suggestions only, props not included. Offers available while stocks last.

2. Product Availability, range, specials and quality

2.1 Product availability

We will do what we reasonably can to fulfil orders placed on the Site, but no member of the Woolworths Group shall be liable to any person if we are unable to, or decline, to supply a product for any reason whatsoever.

2.2 Limit on quantities

We reserve the right to limit quantities able to be ordered by you, or delivered to you. If your Order is reduced in accordance with this clause, the price payable by you for that Order will be adjusted accordingly. In addition to our rights under clause C of the Introduction (Commercial Orders), we may delay dispatch of orders that exceed reasonable household or workplace office quantities due to stock availability.

2.3 Product range

We reserve the right to limit the range of products available to certain areas.

2.4 Specials and Promotions

Products on special or promotion are subject to availability while stocks last.

2.5 Product substitution

If we are unable or decline to supply a product ordered by you, we may, except if you otherwise direct by de-selecting the "Allow Substitutions" box at the checkout, substitute a similar product of equal or higher value but we will only charge you at the price of the originally requested product. Only as a last resort, will we substitute with a lower value product. In this case, we will charge you for the lower value product. We reserve the right to refuse to substitute any particular product for any reason.

2.6 Product quality

If a product was delivered to you in a damaged or spoiled condition (we may request photographic evidence of this), we will, at your request, refund the value of the relevant product to you (as at the date on which the product was originally ordered) and provide a further refund to enable you to replace the product on your next shop. You must contact us within 48 hours of delivery of the product in order to make a claim under this clause.

2.7 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 your requirements (e.g. ingredients, allergens, nutritional information etc.), you may return to your nearest Woolworths Supermarket for a refund, or replacement product to an equivalent value, upon presentation of the product and accompanying online shopping invoice.

3. Payment

3.1 Method of payment

You must pay us for the products purchased by direct debit or by credit card. Woolworths Online Shopping (including the Woolworths App) does not accept EFTPOS, cash, cheque, voucher or any other form of payment.

3.2 Payment by direct debit

We are currently not accepting any new Direct Debit requests. Please feel free to shop on the Site using your credit or debit card.

3.3 Payment by credit card

If your credit card payment is declined by your financial institution, delivery of the relevant Order will not be made, and we will contact you to make alternative payment arrangements. We reserve the right to refuse to accept payment from you by credit card for any reason.

3.4 Adjustments

The final Order amount showing on your invoice may be different from the estimated Order total when you placed the Order. This can happen when the Order has been adjusted, either by you if a change has been made to an Order, or by us as explained under clause 1.1 (Estimated price and actual price). You will be charged the amount shown on your invoice, not the estimated Order total when the Order was placed.

Adjustments to the total cost of an Order may appear as a pending balance on your bank account. For some bank and card types there may be more than one pending balance showing on your account for a few days. The money is not taken out of your bank account until the Order is fulfilled and the final Order price has been calculated.

3.5 Debt collection

If you default in payment for any order, you are liable for all costs associated with debt collection.

3.6 Change to payment policy

We may change at any time the way in which you need to pay for products, and any change will be notified to you prior to the change coming into effect.

4. Delivery

4.1 Delivery areas

If a delivery suburb is listed in the registration area on the Site, this does not imply that we will deliver to all addresses within that suburb.

4.2 Right to withhold delivery

We reserve the right to withhold or withdraw the delivery of any products to you for any reason. On occasions, you may have already been charged for products that have been withheld, pending you either picking up those products (if Woolworths permits) or alternative delivery arrangements being made. (e.g. if we tried delivering alcohol and you are either not home or appropriate identification showing your age is not produced when the alcohol is delivered). On the occasions where we need to withdraw or permanently withhold delivery of any products after you have been charged for them, we will arrange for a refund of the value of those products.

4.3 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 your request, or at the request of any other person accepting delivery of the products on your behalf, whether on any particular occasion or pursuant to a standing instruction or request, no member of the Woolworths Group shall be liable for any direct or indirect damage or loss suffered by you or any third party in doing so. We shall be entitled to assume that any person accepting delivery of the products is authorised to do so on your behalf.

4.4 Accessibility and safety

You must ensure that the Delivery Point is easily accessible to our couriers, and that it is safe for those couriers to enter your premises in order to complete the delivery. Any animals on your premises should be under control or restrained to ensure the safety of our couriers. If, in the courier's reasonable opinion, the Delivery Point is not easily accessible, or it is unsafe to deliver the products, the delivery will not be made, and you will be contacted to make alternative arrangements. Woolworths reserves the right to charge you an additional Fulfilment Fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to us are not reached, you will be deemed to have cancelled the order, and may incur a $20 cancellation fee.

4.5 Change of address

You agree to notify the Customer Care Centre (0800-40-40-40) immediately of a change to your delivery address.

4.6 Delays to delivery

We will do what we reasonably can to deliver your Order within the timeslot selected by you. If it is not possible for us to deliver your Order within the timeslot you have selected, we will try to contact you using the contact information you provided to us during registration (or subsequently updated by you). Notwithstanding any other term, no member of the Woolworths Group shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond our control or otherwise. If we consider that the delivery of your Order is likely to be substantially delayed, we may, but shall not be obliged to, contact you to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may cancel the Order, without incurring any fee for doing so, other than in relation to a Delivery Now service Order, which cannot be cancelled, as set out in clause 4.11(3) below.

4.7 Delivery deemed to have taken place

Subject to clause 9 (Restricted Products), if no person is present at the Delivery Point at the time of delivery, or if you or any other person fail or refuse 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. If you do not think you have received your full Order, you need to advise us within 48 hours of delivery, otherwise you will be deemed to have accepted the Order.

4.8 Incorrectly delivered products

If any product delivered does not correspond with a product ordered, you may as an option:

• keep the incorrectly-delivered product, in which case no adjustment will be made to the payment due from you for the Order containing the incorrect product; or
• reject the incorrectly-delivered product, in which case we will, at your request, either refund the value of the product that was originally ordered (as invoiced) or replace that product with the product that was originally ordered.If you choose to reject an incorrectly-delivered product in accordance with sub-clause b), we reserve the right to collect the incorrectly-delivered product from you. If you are unable, or refuse, to privde us with the product when requested, we reserve the right to charge you for that product. If you want to reject the incorrectly-delivered product, you must exercise the options set out in b) above within 48 hours from the date of delivery, otherwise you will be deemed to have accepted the Order.

4.9 Undelivered Products

If you have been charged for a product that has not been delivered, you may cancel the Order of such product (or if the product is out of stock we may cancel the Order for that product) (in each case without incurring any cancellation fee), and we will refund the value of the relevant product (as set out in the invoice). Alternatively, if the product is in stock, we will, at your request, re-deliver that product to the original address at no extra charge to you. The re-delivery time will depend on the available capacity of our trucks for that day. This clause does not apply to products that have been substituted in accordance with clause 2.5 (Product Substitution).

4.10 Exclusions

For the purposes of calculating your overall spend to identify what your Fulfilment Fees are, any amount spent on tobacco, stamps or gift card products within your Order will be excluded, together with the Bag charge (if applicable).

4.11 Delivery Now

If you wish to order products using our Delivery Now service, you agree to comply with the following additional conditions:

• our Delivery Now service is only available in selected areas as shown on the Site. If your address is within a selected area, our Delivery Now service will be an option available for selection
• you can order a maximum quantity of items as notified on the Site from time to time through our Delivery Now service. The range of products that you can order using our Delivery Now Service will also be notified on the Site from time to time
• due to the fast nature of Delivery Now Orders, you cannot cancel or make changes to a Delivery Now Order (whether it is accepted by us or not) at any time after placing the Order and we will not be able to refund any payment
• bag charge applies
• the Fulfilment Fee for the Delivery Now service will be displayed to you at the time when placing your Order using our Delivery Now service
• you cannot merge a Delivery Now service order with any other order
• alcohol and other age-restricted items are currently not available for purchase using our Delivery Now service
• Delivery Saver subscriptions do not apply to the Delivery Now service. This means the Fulfilment Fee is not discounted if you are a Delivery Saver subscriber.

4.12 1hr Delivery Windows

If you wish to order products using our 1hr Delivery Window service, you agree to comply with the following additional conditions:

• our 1hr Delivery Window service is only available in selected areas as shown on the Site. If your address is within a selected area, our 1hr Delivery Window service will be an option available for selection
• you can order a maximum quantity of 75 items as notified on the Site from time to time through our 1hr Delivery Window service. The range of products that you can order using our 1hr Delivery Window Service will also be notified on the Site from time to time
• bag charge applies
• the Fulfilment Fee for the 1hr Delivery Window service will be displayed to you at the time when placing your Order using our 1hr Delivery Window service
• you cannot merge a 1hr Delivery Window service order with any other order
• alcohol and other age-restricted items are currently not available for purchase using our 1hr Delivery Window service
• Delivery Saver subscriptions do not apply to the 1hr Delivery Window service. This means the Fulfilment Fee is not discounted if you are a Delivery Saver subscriber.

5. Woolworths Online Delivery Saver

5.1 Purchase of Woolworths Online Delivery Saver

• the Delivery Saver is only available for use in full service areas. You can check if you are in an area eligible for the Delivery Saver here. You must have a Woolworths Online Shopping account to sign up for and use a Delivery Saver. Your contract for your Delivery Saver will begin once you receive email confirmation of your Delivery Saver and payment of the order has been finalised
• Delivery Saver is only available as a subscription service. Please refer to section 5.6 below for more detail.

5.2 Delivery Saver fee and cancellation

• the Delivery Saver fee will be the fee displayed on the Delivery Saver Site at the time you purchase your Delivery Saver. This fee is non-refundable except as expressly set out in section 5.2.2 below:
• bag charge applies for Delivery Saver Orders
• Woolworths reserves the right to change the Delivery Saver fee from time to time
• both Delivery Now and 1hr Window deliveries are excluded from Delivery Saver.

5.3 Benefits of Delivery Savers

• provided you spend a minimum of $100 on your shop from Woolworths Online Shopping in a single transaction, a Delivery Saver entitles you to receive delivery (7 days a week on standard 2.5 hour time slots) from us for the length of the term shown on the Delivery Saver, without paying any additional Fulfilment Fees. For the purposes of calculating the $100 minimum spend on your shop from Woolworths Online, purchases of the items set out in clause 4.10 (Exclusions) are not included
• the period of use for a Delivery Saver begins on the day we confirm your Delivery Saver has been activated, and will renew automatically either every 1 month or every 6 months (as selected by you), until cancelled by you under the Delivery Saver settings
• orders placed before the Delivery Saver is valid will be subject to our Fulfilment Fees applicable at that time
• your Delivery Saver does not guarantee a standard 2.5 hour delivery slot; it means that if a standard 2.5 hour delivery slot is available, there will be no additional Delivery Fee for that slot
• in the case of Delivery Savers, delivery may be made to any of your addresses specified by you in the "My Addresses" section of your account on the Woolworths Online Shopping Website, as long as they are in a full service area. You must notify us if you change address so that we can ensure that deliveries are made to the correct address
• we reserve the right to change or withdraw your Delivery Saver at any time. We will contact you by email giving you 28 days notice of any change or withdrawal. Where your Delivery Saver is withdrawn, we will provide you with a pro rata refund of the value of your Delivery Saver. If you feel that a change of your Delivery Saver is to your disadvantage and wish to terminate your Delivery Saver, then please contact our call centre on 0800 40 40 40 and we will provide you with a pro rata refund of the value of your Delivery Saver. 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. We will not be liable for any losses resulting from any changes to, or termination, or withdrawal of, any Delivery Saver benefits
• in the case of Delivery Savers, the use of the Delivery Saver is limited to orders of reasonable household or workplace quantities and subject to the Fair Use Policy below.

5.4 Fair Use Policy applying to Delivery Saver

The Delivery Saver may only be used by the named account holder and is not transferable. The Delivery Saver may be used for unlimited deliveries for the specified time period on standard 2.5 hour time slots, for reasonable household or workplace quantities. It should not be used improperly. For example, using the Delivery Saver for multiple deliveries to one address on a single day would be considered improper use.

5.5 Termination of Delivery Saver

We reserve the right to monitor usage of the Delivery Saver service and to terminate such Delivery Saver (upon notice) if we believe, in our sole discretion, that:

• the Delivery Saver is being used in breach of the Fair Use Policy
• if you are in breach of these Terms
• a Delivery Saver member has engaged in conduct that involves fraud or misuse of a Delivery Saver or is harmful to our interests.

In the case of such termination by us, we will provide you with a pro rata refund of the value of your Delivery Saver, such refund will be determined by us.

5.6 Subscription

• when you sign up to Delivery Saver you enter into an agreement to renew the Delivery Saver on an ongoing basis according to the time period specified when you sign up (being either every 1 or 6 months). This time period can be amended after the initial purchase through My Subscriptions
• when you sign up to Delivery Saver you enter into an agreement to renew the Delivery Saver on an ongoing basis according to the time period specified when you sign up (being either every 1 or 6 months). This time period can be amended after the initial purchase through My Subscriptions
• subsequent renewals after the initial subscription will happen automatically on your anniversary date, which is either 30 days after the initial subscription for a 1 month subscription, or 180 days after the initial subscription for a 6 month subscription
• you can cancel your subscription at any time via the My Subscriptions section under My Account. If you cancel your subscription, you will be able to use your Delivery Saver until the end of its term. You will not receive a refund for your Delivery Saver (other than as specifically provided for in section 5.5)
• we reserve the right to terminate your subscription at our reasonable discretion at any time and without giving any reasons for our decision
• Payment for the subscription delivery savers is by Credit Card Only
• Woolworths may amend the price of the subscription. Woolworths will take all reasonable steps to inform you of the price change in subscription charges
• All personal information provided by you when signing up to Delivery Saver will be stored and collected by Woolworths in accordance with the Privacy Act 2020 and Woolworths NZ’s Privacy Policy. If our group companies provide products or services which we think you may be interested in, including additional services to Delivery Saver, we may share your personal information with them. By signing up to Delivery Saver, you are agreeing to the use of your information as described above.

5.7 Free Trial

• a 30 day free trial is available to all customers without an active delivery saver who have a registered Everyday Rewards card
• a credit card is required in order to access the free trial
• upon expiry of the free trial, either a monthly subscription or 6 monthly subscription depending on which subscription you have signed up for, will be charged to the nominated credit card unless the trial has been cancelled by you.

6. Woolworths Pick up and Direct to boot services

6.1 Pick up store

Pick up is available from all Woolworths stores, while the Direct to boot service is only available from selected Woolworths stores as shown on the Site. During the ordering process, you need to select a store from which you will collect the Order. The confirmed collection date will be displayed at the time your Order is placed.

6.2 Express Pick up

If you wish to order products using our Express Pick up Service, you agree to comply with the following additional conditions:

• express Pick up is only available at selected stores as shown on the Site
• you can order a maximum quantity of 50 items or such other maximum number of items as notified on the Site from time to time through our Express Pick up. The range of products that you can order using our Express Pick up Service will also be notified on the Site from time to time
• due to the fast nature of Express Pick up Orders, you cannot cancel or make changes to an Express Pick up Order (whether it is accepted by us or not) at any time after placing the Order and we will not be able to refund any payment
• the Fulfilment Fee for the Express Pick up Service will be displayed to you at the time when placing your Order using our Express Pick Up Service
• you cannot merge an Express Pick up order with any other Order.

6.3 Bags

For Pick up Orders, where you choose “BYO Bags”, then:

• you will be responsible, rather than Woolworths, for packing your Order into your BYO Bags once the trolley(s) of your products has been provided to you in-store
• you will only use robust, clean and hygienic BYO Bags to pack your products into
• because we are required by law (e.g the Food Act and associated regulations) to ensure the food we sell is not contaminated by its packaging, if you ask us to pack your Order into your BYO Bags, you will allow us to inspect the BYO Bags to ensure that they comply with (ii) above and if in our opinion any of the BYO Bags do not comply, then we will not pack products into that BYO Bag; and
• you will be responsible for any damage or contamination to products packed into the BYO Bag resulting from the BYO Bag not complying with sub-clause (ii) above.

6.4 Pick up Notification

If you use our Woolworths App, we are able to notify you when your Pick up Order is ready for collection either through SMS or push notifications, allowing you to check in your arrival to collect your products. The Woolworths App is not intended to be used while driving. You must comply with the road rules and not use the Woolworths App or your mobile device in any manner contrary to the road rules. The road rules provide that it is an offence for a driver to use a mobile phone that the driver is holding in his or her hand.

6.5 Collecting your own Order

You agree to comply with the collection requirements specified in this clause and such other requirements that we will notify you of when you place your Pick up Order through the Site.

• you must collect your Order from the store and during the time slot selected by you when you place your Order
• photographic identification (as set out in clause 6.6 below) and a signature must be provided when you collect your Order; and
• the card used for payment is required to be shown when you collect your order.

6.6 Another person collecting your Order

If you will not be the person collecting your Order, then your representative must provide us with proof of their identity (including photographic identification) and, where relevant, age. Acceptable forms of identification are:

• 18+ HANZ Card;
• New Zealand Driver’s Licence; or
• Current passport.

6.7 Lack of appropriate identification

If you, or the person collecting your Order, do not supply the appropriate identification (as set out in clause 6.6 above) or the relevant card of purchase, we may not allow collection of your Order. Refer to clause 9 (Restricted Products) below.

6.8 Woolworths Delay

We will do what we reasonably can to make your Order available for pick-up within the timeslot selected by you. If it is not possible for us to make your Order available for pick-up within that timeslot, we will try to contact you using the contact information you provided to us during registration (or subsequently updated by you). Notwithstanding any other term, no member of the Woolworths Group shall be liable for failure to make your Order available for pick-up on a timely basis, whether the delay has been due to causes beyond the control of Woolworths or otherwise. If Woolworths considers that the picking and packing of your Order is likely to be substantially delayed, Woolworths may, but shall not be obliged to, contact you to arrange an alternative pick-up timeframe. If that timeframe is unacceptable to you, you may cancel the Order, without incurring any fee for doing so.

6.9 Late Customer Pick ups

We understand that, for reasons outside of your control, you may not be able to pick up your products on time. Any Orders that have not been picked up may be removed and may be stored separately by us for a limited time. If you know you are going to be late to pick up your products, please call the Customer Care Centre 0800 40 40 40. For Direct to Boot Orders, if you arrive outside of the operating hours specified on the Woolworths website for the applicable store, you will be required to load your Order into your own car boot.

6.10 Record of identification

You acknowledge that we may record the details of any identification provided in relation to collection of products. Our Privacy Policy would apply to the recording of such details.

7. Variation/Cancellation of Order

7.1 Variation/Cancellation of Order

• except for Express Pick Up Orders, you may vary or cancel an Order up to the point in time that we have commenced packing the Order by contacting the Customer Care Centre 0800 40 40 40

• if you wish to cancel an Order after the Order has been packed, you will incur a $20 cancellation fee

• we may, at our absolute discretion, suspend or terminate your ability to purchase products through our Site for any reason whatsoever

• we 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 online for the product in that Order; or

• we reasonably believe your Order has been placed in breach of these Terms.

• in the event of a cancellation by us, we will make reasonable efforts to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order

• where an Order is cancelled by us, we will make reasonable efforts to notify you of the cancellation. You will receive a refund of the value of the Order

• no costs are payable to register to use Woolworths Online Shopping, but you are responsible for any costs incurred in using Woolworths Online Shopping, including any charges imposed by their internet service provider.

IMPORTANT NOTE FOR APP & WEBSITE USERS: CHANGE ORDER TERMS
Please refer to your Order confirmation email for your order number prefix. If your Order confirmation email number begins with “WN” the change Order rules that apply are set out in Clause 7.2A. If your Order confirmation email number begins with “CD” the change Order rules that apply are set out in Clause 7.2B. This arrangement will only apply for a short period while we transition our Woolworths Site and App to new technology.

7.2A Editing your pending Order (Please read the NOTE above if you are editing your Order using your Woolworths App)

• you can add or remove products from your Order up until we start packing the Order, by logging into your Online Shopping account.

• please note that all prices for products in your amended Order will update to the current online prices at the time you submit your amended Order and previous pricing in your original Order will not apply. This means you will lose the benefit of any specials, multibuys, Member Prices and any other promotional pricing which applied when you first submitted your Order if that promotional pricing is no longer applicable. However, you will gain the benefit of any promotional pricing that has been introduced since you placed your original Order and is current at the time you re-submit your Order.

• if you confirm your change of Order, we will send you an updated Order confirmation email, which will have a new estimated Order value based on prices listed on the Woolworths website/app when you made the change.

• any offers, credits or coupons applied or used when you placed your original Order will still apply to your amended Order, provided any qualification criteria is still being met and they are not expired at the time when you re-submit your Order.

• when you pay with an Everyday Rewards electronic rewards voucher and change your Order, the updated total must be greater than the value of your rewards vouchers redeemed on your original order.

• boost eligibility is fixed to your original Order date. When you amend your Order, any products you add will not qualify for bonus Everyday Rewards points under the Boost if:

• the product is added outside of the Promotional Period for an existing Boost; or

• the Boost's Promotional Period started after your original Order date (i.e., you cannot benefit from new Boosts introduced after placing your order).

• Boosts are intended to apply only to products that were part of your original Order. Boosts only apply to items in your original Order date.

• if we only pre-authorised payment for your original Order at checkout and the amount payable for your amended Order is more than the amount pre-authorised, your original pre-authorisation will remain and we will either charge you the additional amount or separately pre-authorise the additional amount owing at the time of your amended Order depending on the payment method used for the amended Order;

• if you were charged for your Order at the checkout and the amount payable in respect of your amended Woolworths Order is:

• A. less than the amount you have paid in respect of your original Order, we will refund the difference back to your original payment method or alternative means within 3-5 Business Days of the amended Order being placed;

• B. more than the amount paid in respect of your original Woolworths Order, we will either pre-authorise payment or charge you the additional amount at the time you amend your Woolworths Order, depending on the payment method used.

7.2B  Editing your pending Order (Please read the NOTE above section 7.2A if you are editing your Order)

• all existing Specials, Multibuys, Everyday Rewards Member Prices and any other offers available when you placed your Order, will be retained for the existing items provided the existing quantities are retained. This is further explained below:
• all new and edited items will be charged at today’s prices. So, if you increase the quantity of an existing item, you’ll pay the current price (the price of the item on the day you edit your Order) for all of those specific items including those that are already in your Order; e.g. You had 2 avocados in your Order that were $2 each, if you add another avocado at a new price of $3, you’ll pay the current price of $3 each for all 3 avocados
• if you decrease the quantity of existing items, you’ll pay the original price for those items (the price it was when you first placed your Order). For Multibuy offers, you’ll need to make sure those items still qualify for their original promotional price; e.g. if you bought 3 for $5, you’ll still need to have a minimum quantity of 3 in your trolley, to keep the Multibuy offer pricing. You’ll still get the offer pricing on the 3, but if you do increase the quantity, you’ll pay the current price for those additional items (the price they are on the day you edit your Order)
• when you pay with an Everyday Rewards electronic rewards voucher and change your Order, the updated total must be greater than the value of your rewards vouchers
• Boosts only apply to items in your original Order date
• if you increase your estimated Order total, you'll need to enter your payment details again at checkout
• we'll put another hold on your card for the extra Order amount
• when you edit your Order, we won’t charge you until you’ve received your Order, so you won’t be billed for anything we can’t supply. When you add or remove products from your Order, if your new total is below your original Order total, the difference will be released to your payment card when the Order is delivered and invoiced
• we’ll do our best to change your Order for you. We won’t charge you until you have received your Order, so you won’t be billed for anything we don’t supply
• if you have redeemed a coupon code on your original Order you will be able to retain that as long as you are still meeting the eligibility requirements for the coupon code offer.

8. Property/Risk

8.1 Products

Products ordered through Woolworths Online are at our risk until delivered to you to the Delivery Point, or collected from a store under the Pick up service. Once delivered or collected from a store or Direct to boot Location, ownership and risk in the products passes from us to you.

8.2 Sign in

You agree to keep your Sign in details safe and confidential at all times. You are liable for every Order made under your Sign in.

9. Restricted products

9.1 Restricted products

You agree to ensure that the person collecting (if a Pick up Order) or accepting delivery (if a Delivery Order) of any alcohol or other relevant Restricted products is over the age of 18 years or such other minimum age as prescribed by law. We will not allow collection or receipt of an Order of:

• alcohol products to a person who is intoxicated or not of the appropriate legal age; and
• tobacco products (including cigarettes) or other Restricted products to a person that is not of the appropriate legal age.

9.2 Tobacco or Alcohol

If your Order includes any tobacco or alcohol product, you warrant that you are over the age of 18 years and legally entitled to purchase any such product.

9.3 Restrictions on use of sign in to purchase tobacco or alcohol products

You agree to ensure that no person or persons shall use your Sign in to purchase any tobacco or alcohol product if that person or those persons cannot truthfully give the warranty in clause 9.2 (Tobacco or Alcohol) as if they were the "Customer" for the purposes of those clauses.

9.4 Right to seek verification

If you submit an Order containing tobacco or alcohol products, we may contact you to verify your age. If we are not satisfied as to the ability of you to truthfully give the warranty in clause 9.2 (Tobacco or Alcohol), we reserve the right to cancel the Order.

9.5 Acceptance of Orders containing tobacco or alcohol

You shall ensure that a person over the age of 18 years, and, in the case of Orders containing alcohol, not intoxicated, collects your Pick up Order, or is available to accept delivery of any Order containing tobacco or alcohol. Our stores may request the person collecting your Order, or our couriers may request the person accepting delivery of the products, to produce satisfactory evidence of their age. If such evidence is not produced, the store may refuse for the tobacco or alcohol product to be collected, or the courier may refuse to deliver the tobacco or alcohol product ordered. We reserve the right to charge you an additional Fulfilment Fee to re-deliver such products. If you do not wish for any such product to be re-delivered:

• we will refund the value of that product (as at the date on which the product was ordered); and
• where the Order consisted solely of tobacco and/or alcohol products, we reserve the right to charge you a $20 cancellation fee for the cancelled Order.

9.6 No one present

Notwithstanding clause 4.7 (Delivery deemed to have taken place), 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 Woolworths. We reserve the right to charge you an additional Fulfilment Fee to re-deliver such products. If you do not wish for any such product to be re-delivered, we will refund the value of that product (as at the date on which the product was invoiced).

1.1 Privacy

Using the Woolworths App (App) involves you providing certain personal information to us e.g. any shopping list you create on the App and your mobile device’s location if you have location services always enabled, as set out in clause 10.2 below. Please also refer to our Privacy Policy. Go to Privacy Policy.

1.2 Device Location Information

We will only collect your device's location information if you always allow for the location services function to be enabled on your device. Device location information will be used for the purpose of providing you with services associated with the App, such as for Pick up to let us know when you are close to the store, so we can have your Order ready to collect. We set out below how you can stop sharing your device location information with us at any time, together with how that may impact certain functions of the App:

Apple devices:

• go to "Settings", then tap on "Privacy", followed by "Location Services"
• you can then turn on or off location services for the App
• you can use the App without location services enabled, but you will not be able to check in for your Pick up Order if you have it disabled.

Android devices:

• open the menu in the App on "Settings"
• update the checkbox labelled "Use my location" under the Notifications heading
• without location services enabled, you will be unable to view your Pick up orders at all.

1.3 Products and Pricing on the App

When accessing this App, we need you to be aware of the following product and service specific information:

• prices shown with a saving or discount already include the saving or discount and are based on the non-promotional price, which may vary between stores. Where Everyday Rewards Member Prices apply, the Everyday Rewards terms and conditions apply. Certain products (such as specific liquor, deli and bakery items) are not available in all stores. Some images are styled and are serving suggestions only, props not included. Offers available while stocks last
• all pricing displayed on the App is valid for the period indicated in the App and may differ depending on the location you have selected (for example, the price for a product in the North Island may differ to the price for that same product in the South Island)
• just like in our stores, our prices for products online change from time to time and we do not provide any notice of these changes.

1.1 Registration

You must register for Christmas Club account membership with:

• a valid email address;
• New Zealand residential address; and
• your registered Everyday Rewards number.

You can only have one valid account per person at any time, and multiple accounts cannot be registered with the same email address.

1.2 Five Percent Bonus

• the Christmas Club period (“period”) runs from 1 December to the following 30 November

• on 1 December each year, Woolworths will add a 5% bonus to the amount topped up and saved in your Christmas Club account, during that immediately preceding period. The bonus is calculated based on the total top ups made in your account during that period, which are still in your account balance at midnight on 30 November. For example, on 1 December this year, a 5% bonus will be added to top ups made between 1 December last year and 30 November this year

• Amounts not eligible for the 5% bonus will include:

• amounts redeemed before midnight, 30 November;

• any existing balances carried over from previous periods (i.e periods prior to the immediately preceding period), and

• amounts that have not been added to your account by the cut off of midnight, 30 November.

• the bonus amount is added directly to your Christmas Club account on 1 December, and can only be redeemed during the months of December and January. On 1 February, any unredeemed bonus will be locked until the following December and January. During the months of December and January, when you spend your Christmas Club funds in-store, the bonus amounts will be redeemed first, followed by top ups in the Order they were added to your account. Outside of these months, no bonus amounts can be redeemed and your top ups will be redeemed in the Order they were made to your account.

1.3 Top ups & Account balance

• top ups made to your Christmas Club account through online banking will take from 2 to 4 business days to be added to your Christmas Club account balance
• the maximum balance your account can hold is $4,999, including any bonus applied. Any top ups made that will result in the maximum balance being exceeded, will not be accepted into your Christmas Club account and will be credited back to your bank account. In practice, this means that the maximum top ups you can make in each period is $4,760, as once the 5% bonus is applied on 1 December, this would approximately reach the maximum balance
• the maximum amount you can load to your Christmas Club account in any given 12 month period is $9,999. Any top ups made that will exceed this amount will be credited back to your bank account
• you must reference the correct account number when topping up your Christmas Club account through online banking. Instructions on this can be found at countdown.co.nz/christmasclub. Online payments made to Woolworths Christmas Club are your responsibility; we are not liable for payments made with the wrong reference details
• once funds are added to your Christmas Club account, they are non-refundable
• Christmas Club funds are all credited to a Woolworths Christmas Club account at ANZ bank. Both Woolworths and the service provider that Woolworths has engaged to administer the Christmas Club programme (Tranxactor New Zealand Limited), have visibility of deposits and Christmas Club account balances, in order to administer the Christmas Club programme. Please refer to the Privacy section below for further information relating to your personal information that may be held as a result of your Christmas Club registration.

1.4 Redemption

• Christmas Club funds can be used to purchase goods in-store at Woolworths only and cannot be exchanged for cash
• Christmas Club funds (including any Christmas Club vouchers still in existence) cannot be used to purchase goods through Woolworths online shopping
• uou can redeem funds you have added to your account in-store at any time throughout the year; however, bonus amounts earned are only redeemable during the months of December and January.

1.5 Security

• the PIN printed on the back of your Christmas Club card can be changed by you during or after your card is registered. For security purposes, it is the responsibility of the account holder to select a personalized PIN
• if your Christmas Club card is lost or stolen, please report it immediately to 0800 40 40 40. The account can be put on hold and any future activity blocked; however, any funds used before the account is put on hold will be the Christmas Club account holders’ responsibility.

1.6 Privacy

• registering and participating in the Christmas Club programme involves you providing certain personal information to us which is covered by our Privacy Policy. Go to Privacy Policy
• as set out in our Privacy Policy, we may contract certain specialist service providers to assist with administering our programmes. In the case of our Christmas Club programme, we have contracted Tranxactor New Zealand Limited to administer it. They are required by our contract with them to adhere to our strict confidentiality requirements and to the requirements of our Privacy Policy and the Privacy Act.

1.7 Christmas Club card

Your Christmas Club card is issued and managed by General Distributors Limited, a subsidiary of Woolworths, and all obligations owed to you under these terms and conditions in respect of your Christmas Club card are owed by General Distributors Limited.

1. Application of these General Terms:

The General Terms, together with the Introduction and Specific Terms, apply to use of this Site. If there is any inconsistency between the parts of these Terms, then they should be read in the following descending order of priority:

• specific Terms
• general Terms; and
• introduction.

2. Woolworths discretion to accept registration:

We have the discretion to refuse the registration of a potential Customer to our Site for any reason whatsoever.

3. Site content and system accuracy:

While we have endeavoured to ensure that the information we have provided on the Site is free from error, it is provided "as is" and "as available" and without warranties of any kind either express or implied. We do not warrant the accuracy, currency or completeness of the information on the Site or that the Site is error free or suitable for your intended use. We do not warrant that the Site or the server that makes it available are free of viruses or other harmful components and we shall not be responsible or liable for any error in, or omission from, the information we have provided on the Site except as required by law. We reserve the right to make changes to the information provided on the Site at any time and without notice.

Notwithstanding any interactions with our systems or AI virtual assistants across any of our service channels, we reserve the right to correct obvious administrative, clerical or technical errors, including but not limited to errors regarding product descriptions.

4. Everyday Rewards:

Everyday Rewards points can be earned when shopping through Woolworths Online Shopping. You can also view your Everyday Rewards points balance if you Sign in on either the Everyday Rewards Site, Online Shopping Site or the Woolworths NZ App. Everyday Rewards Member Prices apply when you purchase selected items through Woolworths Online Shopping. Everyday Rewards conditions apply in addition to these Terms. Go to

Everyday Rewards Terms.

5. Upgrades to our Site and AI functionality:

You acknowledge that we may provide updates, upgrades, patches and other modifications to our Site (together “Updates”). Some of these Updates will occur automatically (e.g. if you use Woolworths Online Shopping to order your products) while other Updates may require you to implement them (e.g. if you use the App). You may also be required to update or upgrade the device, and/or the operating system or other software on that device (for example, your internet browser) (together “Hardware or Software”), in order to continue to use our Site. Updates will normally be provided at no cost, unless we otherwise specify. You will be responsible for implementing any Hardware or Software Updates and all associated costs. We may at any time modify, discontinue or restrict access to our Site(s) (or any part of it), temporarily or permanently with or without notice to you. You agree that we will not be liable to you or to any third party for any modification to, discontinuance of, or restriction of access to, our Site(s).

You also acknowledge and agree that certain customer service queries, support interactions or triaging processes across our Site, mobile applications and telephone channels (including our smart Interactive Voice Response system) may be dynamically handled, triaged or processed by artificial intelligence (AI) virtual assistants.

6. Use of the Site:

You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You may download the information on the Site for your own personal use but otherwise neither the Site, nor any material on it, may be scraped, copied, altered, modified, reproduced, transmitted or distributed without our prior written consent. Your use of the Site will not create, nor will you represent to have, any interests or rights in our intellectual property. You agree that you will not interfere with any other party's use and enjoyment of the Site, or damage the operation of the Site, or our systems or those of other persons who use the Site, whether by way of a virus, corrupted file, any other software or program, or otherwise.

You are prohibited from attempting to manipulate, exploit, compromise or bypass the logic, programming, financial boundaries or operational parameters of any automated tools or AI virtual assistants used across our services. Any attempt to exploit or manipulate an AI assistant or to retain benefits derived from system manipulation, will constitute a material breach of these Terms. In such events, we reserve the right to deny or reverse any issued refunds or compensation, cancel pending orders and immediately suspend or permanently terminate your account.

We also reserve the right to suspend or permanently terminate your account where we consider that you may otherwise have breached these Terms or the law.

7. Links to and from other 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 us. We do not monitor the content of any other websites and are not liable or responsible in relation to any content on them.

8. Hyperlinks:

You agree that you will not create a hyperlink to this Site without our express written permission. If you do create a hyperlink to this Site, you are responsible for all losses that we may suffer as a result of that link, whether direct or indirect. Linking to this Site is at your own risk. You may not frame any part of the Site content by including advertising or other revenue generating material.

9. Security of information:

We will use our reasonable endeavours to prevent any unauthorised entry into our Sites. However, no member of the Woolworths Group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into our Sites.

Why are our Sites (including Woolworths Online Shopping) safe?

• Safe technology systems - we use 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 Woolworths's firewalls, so that your personal details are not accessible from the internet by any third party.
• Safe payment systems - Woolworths uses "DigiPay" to securely authorise credit card payments before any charges are made. For further information regarding "DigiPay" and how it encrypts and processes transactions, visit the DigiPay website.

10. Website analysis tools:

We use the services and/or software of the companies listed below to improve the Site and analyse its effectiveness. In order for some of this to occur a small piece of code is placed on each page which counts statistics, such as the number of visitors per day, or the number of pages requested per day. This non-personal information gained is aggregated by these companies and enables us to measure activity within our Sites which in turn is used to continually improve our Sites and our service to our customers. Woolworths does not warrant the accuracy or correctness of this data. View our Cookies Statement

• Google is viewed as a leader in the Internet industry for its interactive measurement technologies and market research and its technologies are viewed as being robust and standard. Learn more about Google analytics.
• Tealium collects data from a lot of different sources and effectively combines them together to be able to create audiences for personalisation as well as marketing. More than 1,000 leading businesses throughout the world trust Tealium to power their customer data strategies. Visit Tealium to learn more.

11. Intellectual property rights:

We grant you a non-exclusive, non-transferable, revocable right to access and use our Site solely for your personal use and on a device that you own and/or control, all on the terms and conditions set out in these Terms. All right, title and interest in all intellectual property rights in all concepts, systems, written, graphic and other material relating to the Site and its contents is owned by, and shall at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible on the Site, and is protected by New Zealand and international law. Such intellectual property rights would be owned by us even if you provide certain ideas or concepts to us for the Site or our Services, which we have then developed or adopted. In such a case you agree to assign any of your intellectual property rights in those elements to us. Nothing in these Terms shall constitute a licence of intellectual property rights to you.

12. Exclusion of liability and indemnity:

You acknowledge that:

• the Site and any mobile applications (including the Woolworths App, and any smartphone holders supplied by us for use) is provided on an "as is" basis and we do not guarantee that they will be fault free or that they will meet your requirements. We do not make any warranty or representation as to their suitability for any purpose;
• to the fullest extent permitted by law, we shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Site. All representations, terms, warranties, guarantees or conditions whether implied by statute, common law or custom of the trade or otherwise are excluded to the fullest extent permitted by law. Such exclusions apply to Woolworths, its related companies, and directors, officers, employees or agents of Woolworths or its related companies, as the context requires. You agree to indemnify us against all liabilities, losses, (including consequential and indirect losses) claims and expenses suffered or incurred by us, and all claims and demands made against us, arising directly or indirectly out of your use of the Site, or any breach of these Terms.

13. Warranties:

We make no representation or warranty of any kind, express or implied, as to the operation of the Site or the accuracy of information, content, materials or products included on the Site, except as otherwise provided under applicable New Zealand law, including any provisions in the Consumer Guarantees Act 1993 ("CGA") and Fair Trading Act 1986 (“FTA”).

14. Liability and Indemnity:

The provisions contained in this clause 14 are subject to clause 13 (Warranties) to the extent applicable.

• product liability: Subject to any statutory rights available under law, including under the CGA, the Woolworths Group shall not be liable, 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 Woolworths’ obligations under these Terms
• no liability for indirect loss: No member of the Woolworths Group shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, Woolworths Online Shopping, or the delivery or failure to deliver any products, or provide them for Pick up
• indemnity: Notwithstanding any other term, you agree to indemnify each member of the Woolworths 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 Woolworths Group, as a result of any breach by you of these Terms, or caused by you.

15. Consumer Guarantees Act:

You acknowledge and agree that:

• where the products are ordered for business purposes (as the term "business" is defined in the CGA), the provisions of the CGA shall not apply to the sale of the products by Woolworths; and
• nothing in these Terms 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 shall be read as modified to the extent necessary to give effect to that intention.

16. Competitions and Promotions:

Competition terms and conditions can be found associated with each promotion on our competitions page. Where a qualifying spend is required, tobacco, stamps, gift card purchases and Fulfilment Fees, are not included in qualifying spend. Subject to any rights of consumers under New Zealand law, we may cancel, terminate, modify or suspend any promotion or promotion terms and conditions at any time and for any reason before the end of the promotional period. Open competition Terms and Condition page.

17. Consent to Receiving Messages and Direct Marketing:

When you register to use our Site (e.g Woolworths Online Shopping or the App) your name and contact details will be added to our customer database, and you consent to receiving messages from us from time to time. Any personal information you provide to us will be collected, held and used in accordance with our Privacy Policy.

You agree to receive commercial electronic messages and tailored advertising (which includes marketing communications advertising goods and services) from us and and our Everyday Rewards Partners (via us) via various channels and media (including by email, SMS, and phone and by advertising or via push notifications on certain websites and social media) where you have not opted out (as described below) from receiving such electronic messages sent to you by us via those channels or media. Your agreement to receive commercial electronic messages from us will be effective until you opt out.

You may opt out of the receipt of commercial electronic messages sent by us by using the unsubscribe facility in the footer of any commercial electronic message. This will also opt you out of receiving customer surveys, requests for feedback and market research (Customer Feedback Messages). If you wish to only opt out of Customer Feedback Messages, you may opt out by using the unsubscribe facility in the footer of any Customer Feedback Message (this won’t opt you out of other commercial electronic messages sent by us. For push notifications from us, you acknowledge and agree that push notifications will not include a functional unsubscribe facility within the notification, however, you may unsubscribe by:

• opting out of push notifications from the App in your device settings; or
• in relation to browser push notifications, by turning off webpage alerts / browser notifications from your browser settings.
  If you opt out of receiving commercial electronic messages (including Customer Feedback Messages) sent by us, you will still receive information we are required by law to provide to you, or factual information directly about your account, including changes to these terms and conditions and/or our privacy policy, account transactions or other information relating to products you have purchased or services you have used, including requests for further information about your customer experience.

Opting out of receiving commercial electronic messages from us will not withdraw your consent to receive messages from other Everyday Rewards Partners you have signed up to independently of your Woolworths account. If you would like to opt out of receiving commercial electronic messages from other Everyday Rewards Partners, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.

We may use or disclose your information to personalise your experience and target ads on third parties websites and social media. You can help to control our use of personal information for this purpose by:
i. turning off notifications on your mobile device or changing your privacy settings online so you no longer receive app notifications; or
ii. configuring your device and browser settings to limit the data shared for the purposes of targeted advertising.

Additionally, we may personalise your experience and target ads on the Site and App based on the personal information we hold about you. If you do not wish to have a personalised experience please cease your use of the Site and App.

18. Termination:

By us

• (a) We may terminate, suspend, discontinue or change the Site or the services we provide through it, or any aspect of the Site or services, at any time. We do not represent or warrant that any mobile application will continue to be maintained by us or have any particular functionality or features

• (b) Without limiting any of our other rights and remedies at law, we may suspend, disable, terminate or limit your access to, and use of, the Site and/or a service at any time and at our sole discretion without notice. Grounds for doing so include (but are not limited to):

• i) any abuse or attempted abuse or any inappropriate use of the Site or any service associated with Woolworths;

• ii) an act or omission contrary to these Terms

• iii) any reasonable suspicion of unacceptable conduct in connection with the Site and/or any service, including any reasonable suspicion of dishonesty, fraud, theft, wrongful conduct or tampering of the Site and/or service; or

• iv) any other grounds specified in these Terms.

• (c) your participation, access to and use of the Site will immediately terminate if your Everyday Rewards membership and/or Woolworths Online Shopping account is terminated for any reason whatsoever.

By you

You may stop using the Site and any service we provide at any time and for any reason by removing any links or Woolworths mobile applications from your smartphone.

19. Force Majeure:

If the performance by Woolworths of its obligations under these Terms 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 Woolworths) Woolworths shall be excused from such performance to the extent of such prevention.

20. No waiver:

Failure on the part of Woolworths to enforce any of these Terms shall not be construed as a waiver or as a waiver of Woolworths right to enforce these Terms at a later date.

21. Governing law:

New Zealand law governs the use of the Site and these Terms.

22. Definitions:

Capitalised terms not otherwise defined in these Terms have the meanings set out below:

“1hr Window" or "1hr Delivery Window" means the service provided by us to you when you place an Order requesting a 1hr window slot.

“App” means the Woolworths NZ applications available for downloading to mobile electronic devices, which provides a range of services to make it easier to shop at Woolworths NZ.

“Bag charge” means the standard fixed charge that you as the Customer must pay at the point of check out, for the Woolworths Bags that your Order is packed into.

“BYO Bags” means bring your own bags, that you elect to pack your Pick up or Direct to boot Orders into;

“CGA” means the Consumer Guarantees Act 1993.

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

“Delivery Fee” has the same meaning as the Fulfilment Fee.

"Delivery Point" means an outside area of the Premises, such as your front door, or any particular outside area specified by you 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.

“Delivery Now” means the service provided by us to you when you place an Order requesting Delivery Now.

“Delivery Saver” is as defined in clause 5.3 of the Specific Terms.

“Direct to boot Location” means an address listed on the Site where you can collect your Order by driving your vehicle up to the collection point.

“Everyday Rewards” means the Everyday Rewards loyalty programme of which Woolworths NZ is a foundation partner.

“Everyday Rewards Partner” means a partner of the Everyday Rewards loyalty programme.

“Express Pick Up Order” means an Order that is placed using our Express Pick Up service.

“Express Pick Up” means the service provided by us to you when you place an Express Pick Up Order.

“Fair Use Policy” is as defined in clause 5.4 of the Specific Terms.

“FTA” means the Fair Trading Act 1986.

"Fulfilment Fee" means, in addition to the Bag charge, the fee you as the Customer must pay to have your Order picked, packed and/or delivered and may also be referred to as "Delivery Fee" or “Pick Up Fee”.

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

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

"Metro stores" means the smaller format stores owned and operated by Woolworths New Zealand Limited, which are not Woolworths supermarkets and offer a unique range of food and groceries that is specifically tailored to their community.

“Order” means any order for a product or products submitted using the Site.

“Personal Shoppers” are our team members that have been trained to select products as if they were shopping for their own families.

“Pick up” means Woolworths’s pick up service (also referred to as “click and collect”), whereby you can place your Order for products through our Site, for picking by one of our Personal Shoppers and then pick it up at your selected Woolworths store during your/the selected time-slot.

“Pick up Fee” has the same meaning as the Fulfilment Fee.

"Premises" means the premises at the address specified by you on your registration application, as amended from time to time.

“Restricted Products” means any product that requires a form of identification proving age before sale.

"Sign in" means signing in to the Sites, by providing the required sign in information.

“Site” means the Woolworths Website at www.woolworths.co.nz; the Woolworths mobile application (App); and any other digital services provided by Woolworths from time to time.

"us", "we" or "our" are references to Woolworths, its related companies, and directors, officers, employees or agents of Woolworths or its related companies, as the context requires.

"Woolworths" or “Woolworths NZ” means Woolworths New Zealand Limited.

“Woolworths Bags” means the bags supplied by Woolworths that we use to pack your Order into, as opposed to BYO Bags.

"Woolworths Group" means Woolworths Group Limited (Woolworths NZ’s parent company, based in Australia), its related companies, and directors, officers, employees or agents of Woolworths Group or its related companies.

"Woolworths Online Shopping" means the part(s) of this Site by which products are offered for sale online by Woolworths NZ to a Customer.