Membership Terms

Purina For Professionals™ New Zealand Membership Terms

Date: 20th November 2023

1. Applicability of Membership Terms

Nestlé New Zealand Limited trading as Nestlé Purina PetCare (“Purina”) manages and facilitates the Purina for Professionals™ Program (“P4P Program”) for the benefit of members. 

The P4P Program is operated on (“p4p.petdirect.co.nz”) managed and controlled by petdirect.co.nz Limited (“Pet Direct"). 

These terms and conditions of membership of the P4P Program (“Membership Terms") are between you and Purina. Purina is solely responsible for the P4P Program, subject to these Membership Terms.

Pet Direct is a third party beneficiary to these Membership Terms and, upon your acceptance of them, Pet Direct will have the right to enforce these Membership Terms against you. However, Pet Direct has no obligation to provide any maintenance or support services to you in connection with the P4P Program.

You will be deemed to have accepted these Membership Terms when you make an account on this website portal (“Membership Account”).

Pet Direct manages all P4P Program Website pages and the online portal for the membership on the Website as well as orders, payment, delivery and returns which are governed by the following terms: Pet Direct Terms and Conditions,  Pet Direct Returns Policy.  By placing an order with your P4P Program Membership Account, you acknowledge that you accept the Pet Direct Terms and Conditions and Pet Direct Returns Policy.

Participation in the P4P Program and each order you place through your P4P Program Membership Account will be governed by these Membership Terms, the Nestle Privacy Policy and Pet Direct Privacy Policy.  By registering for a P4P Program membership, you acknowledge that you accept these Membership Terms, Nestle Privacy Policy and Pet Direct Privacy Policy.

Purina may change these Membership Terms at any time. Changes to these Membership Terms will be uploaded onto this Website at least one week prior to their taking effect. You will be bound by any changes to the Membership Terms from the date on which the new Membership Terms come into effect.

2. Membership Registration and Eligibility

2.1 Membership with the P4P Program entitles members to benefits made available to P4P members on this Website from time to time. P4P membership benefits may change over time without notice.

2.2 Purina will assess your membership application prior to approving your membership having regard to the Eligibility Requirements. Notwithstanding the Eligibility Requirements, Purina may in its absolute discretion decline applications for membership or waive Eligibility Requirements.

2.3 To be a member of the P4P Program, you must meet and continue to meet the eligibility requirements in this section (“Eligibility Requirements”). You must:

(a) Complete the online application form, including all mandatory fields;
(b) Be at least 18 years of age and live in New Zealand;
(c) Have a unique, valid email address.;
(d) Have a current dog or cat breeding program in place;
(e) Be either registered as a breeder with a recognised breeder association or club or have a current website for your breeding program which is accessible to the public;
(f) Comply with the appropriate laws, guidelines and codes of ethics for the breeding, keeping and care of dogs and/or cats that apply in the location in which you carry on your dog or cat breeding program; and
(g) Have a current or proposed feeding regime for your dogs and/or cats that includes purchasing and feeding Purina PRO PLAN products.

2.4 Once your P4P membership is approved and in order to maintain your membership, you must:

(a) make at least one (1) purchase of Purina dog or cat products through your P4P Program Membership Account every six (6) months; and
(b) continue to meet the Eligibility Requirements at all times. If your circumstances change and you no longer meet the Eligibility Requirements, then you must promptly notify Pet Direct or Purina.

2.5 If Purina is notified or otherwise becomes aware that you no longer meet the Eligibility Requirements, Purina may immediately discontinue your membership. Purina may also discontinue your membership if you fail to comply with these Membership Terms or do anything that Purina reasonably considers may bring your breeding program or Purina into public disrepute, contempt, scandal or ridicule or which may reflect unfavourably on your breeding program or Purina.
2.6 Purina will notify you by email if your membership is discontinued by Purina. Purina reserves the right to discontinue a membership at any time for any reason in Purina’s absolute discretion.
2.7 You may discontinue your membership at any time for any reason by notifying Pet Direct and Purina.

2.8 When registering for a Membership Account, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone. You are fully responsible for the use of your password and any orders placed using your password, even without your knowledge.

3. Information

(a) Any personal information, as defined in the Privacy Act, obtained or handled by Purina or Pet Direct will be held in accordance with the provisions of the Privacy Act 2020, and the Nestlé Privacy Policy or the Pet Direct Privacy Policy (as applicable). The Nestlé Privacy Policy and the Pet Direct Privacy Policy can be accessed on this website, and both form part of these Terms and Conditions.
(b) As part of your membership of the P4P Program, you may receive service emails regarding your membership.

(c) Upon signing up to the P4P Program, Pet Direct will email you occasionally about the P4P Program, including information about member benefits, news and updates and offers for P4P members. If you do not wish to receive these email communications, you can unsubscribe or opt-out of them by updating your preferences via any email communication from Pet Direct.

(d) If you have “opted in” to receive Purina marketing and promotional emails upon signing up to the P4P Program, your information will be held in accordance with the Nestle Privacy Policy and Purina will email you occasionally about the P4P Program, Purina and other trusted Nestle brands. If you do not wish to receive these email communications, you can unsubscribe or opt-out of them by contacting askpurina@nz.nestle.com or 0800 738 847.

4. Variation and cancellation of P4P Program

(a) Purina may change these Membership Terms at any time and the revised Membership Terms will be posted on this page. Purina recommends that you review these Membership Terms from time to time.
(b) By placing an order through your P4P Program Membership Account after revised Membership Terms are posted on this Website, you agree to be bound by the revised Membership Terms.
(c) Purina may suspend or terminate the P4P Program at any time. Purina will endeavour to give at least one month’s notice to active members before terminating the P4P Program.

5. Consumer Guarantees, Exclusions and Limitations

5.1 The goods and services provided under the P4P Program (Goods and Services) are subject to guarantees that cannot be excluded under the Consumer Guarantees Act 1993 (the ‘CGA’). To the maximum extent permitted by law, and subject always to clause 5.2:

(a) Purina excludes all implied or statutory representations, warranties or conditions in respect of the Goods and Services;

(b) Purina’s only liability is as expressly stated in these terms and all other liability is excluded;

(c) Purina will not be liable to you (whether in contract, tort, or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit; and

(d) Without limiting the scope of these terms, no claim by you of any kind shall be greater in amount than the purchase price of the Goods or Services in respect of which the claim is made.

5.2 You acknowledge and agree that if you are acquiring the Goods and Services in trade or for the purpose of a business, the provisions of the CGA will not apply to such supply, but nothing in these terms will affect any rights that a person who is a ‘consumer’ for the purposes of the CGA may have under the CGA.

6. General

(a) These Membership Terms constitute the whole agreement between you and Purina relating to your P4P membership and supersede any prior dealings, representations or agreements in relation to their subject matter.
(b) Purina may sub-contract or otherwise arrange for another person to perform any part of these Membership Terms or to discharge any of Purina’s obligations.
(c) Purina may waive any of its rights or your rights under these Membership Terms by written notice.
(d) Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay money) if the delay or failure is due to any cause outside their reasonable control, including war, civil commotion, hostility, act of terrorism, strike, lockout, other industrial act, weather phenomena or other act of God, governmental regulation or direction. If delay or failure to perform its obligations pursuant to this clause occurs, the performance of that party’s obligations are suspended. If a party delays or fails to perform its obligations pursuant to these Membership Terms for a period that exceeds 30 days, either party may immediately terminate the agreement by notice in writing to the other party.

(e) If any part of these Membership Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the liability limitations above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Membership Terms will continue in effect.
(f) The Purina products, materials, offers and information appearing on this Website are intended only for users and/or customers located in New Zealand including, without limitation, that delivery will be only to addresses in New Zealand.
(g) These terms are governed by and must be construed in accordance with the laws of New Zealand.