Tesco Orchard Terms & Conditions

Who we are and who these terms and conditions apply to

Welcome to Tesco Orchard!

Tesco Orchard is operated by Tesco Stores Limited (Tesco, we, us or our). Tesco is part of a larger group of companies so when we say “group” we mean Tesco plc., its subsidiaries and their own subsidiary undertakings, including dunnhumby Limited and its joint venture companies.

These Terms & Conditions govern our relationship with members of Tesco Orchard and other users of our sites. By "sites" we mean the Tesco Orchard website and any Tesco Orchard applications. Please take time to understand these Terms & Conditions as your continued use of our sites indicates your acceptance of these Terms & Conditions as they may be amended by us (see “changes to our terms and conditions”).

Privacy

Personal information (e.g. your name, address, email address) that you share with us under Tesco Orchard is subject to our Privacy & Cookies Policy, the terms of which form part of these Terms & Conditions. Please review our Privacy & Cookies Policy to understand our practices as your continued use of our sites indicates that you accept the Privacy & Cookies Policy whether as a visitor to our site or as a member of Tesco Orchard.

You should be aware that any personal information you submit as a contribution to Tesco Orchard in a forum viewed by others may become publically available. We are not responsible for the personal information that you choose to include in such submitted content.

Sharing your contributions & other content

In addition to the personal information, you may share other information in connection with the Tesco Orchard.

By submitting ideas, suggestions or comments ("contributions") to Tesco Orchard via our sites or other sites that you choose to link to your Tesco Orchard account or that can be viewed by the public, you acknowledge and agree that: (a) your contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality (express or implied) with respect to your contributions; (c) we and our clients can use or disclose (or choose not to use or disclose) your contributions for any purpose, in any way, in any media worldwide; and (d) you are not entitled to any compensation or reimbursement of any kind from us or any of our clients under any circumstances.

By posting contributions to our sites or on third party sites that you choose to link to your Tesco Orchard account or that can be viewed by the public, you represent that you own or have the right to use all of the content and information you post. Although you will continue to own your contributions, when you publish content or information to the sites, you are allowing us to access and use that information. For content that is covered by intellectual property rights (like photos and videos) you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to this content in connection with Tesco Orchard.

You, and not us, are entirely responsible for all contributions that you upload, post, email, transmit or otherwise make available via Tesco Orchard.

We do not have an obligation to review the contributions posted to our sites, but you understand that we may refuse to post or remove any of your contributions at our sole discretion.

Third party websites

Our sites include links to other material or websites which are operated by third parties (such as Facebook, Twitter or our clients) and which we do not control. We are not responsible for the content on these websites or materials or any loss or damage that you suffer by accessing them. We suggest that you take some time to familiarise yourself with the terms and conditions and policies of any third party websites you access from our sites.

Your commitment to other peoples’ rights

We respect other people's rights, and expect you to do the same. We need your help to keep our site safe, which includes the following commitments by you:

  1. You will not knowingly interfere with anyone else’s use or enjoyment of the sites or their personal computer equipment.
  2. You will not post content that is of a hoax, nuisance, abusive, indecent, obscene, defamatory, menacing, offensive or otherwise illegal nature.
  3. You will not post content which infringes or violates the rights (such as the intellectual property rights) of another person or otherwise violates the law.
  4. You will not post unauthorised commercial communications on the sites or use any content posted to the sites (including your own) for any commercial purpose.

Staying safe & secure online

Once you become a member of Tesco Orchard you will have an account and login details. You are responsible for maintaining the confidentiality of your account details and staying safe online. It is therefore your responsibility to make sure that your passwords and PIN numbers are kept secret and strictly confidential. We cannot be responsible for any loss or damage that you suffer as a result of someone else accessing them until we are notified that such activity is being engaged in without your consent. You agree to immediately notify Tesco of any unauthorized use of your password or PIN number or any other breach of security you may know about. Furthermore you are responsible for all posts and all other activities conducted under your account.

We recommend that you protect your equipment when you use our sites. We act reasonably in taking measures to ensure that our sites are free from viruses and defects but we cannot guarantee that use will not result in damage to your hardware, software or any data associated with them.

Intellectual property

Your use of our sites or being a member of Tesco Orchard does not give you the right to access or download any information we post to our sites which shall remain our and our licensors intellectual property.

Where we state that content is available for download, you may download a single copy for your own personal non-commercial use. This is provided that you keep intact all of the copyright (©) and proprietary notices, do not make any modifications to the content, and do not use the content to associate yourself with us, our group or any products or brands involved in Tesco Orchard.

These Terms & Conditions do not grant you any licence to use any intellectual property (including our name or logo) of Tesco or our group.

Product shipment

We make all attempts to ship products in an effective and timely manner, but we cannot guarantee the condition of the products or a specific timeframe due to the nature of the shipping and fulfilment industry.

Products not intended for resale

Any product, service, coupon or voucher offered by us or any or our clients are not intended for resale. Any violation (as determined solely by us) of this provision by a member may result in removal from the applicable campaign or termination of your membership.

Our liability

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE LIABILITY OF TESCO, OUR GROUP AND OUR AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS. THE LAWS OF SOME COUNTRIES DO NOT ALLOW SOME OR ALL OF THE LIMITATIONS DESCRIBED BELOW. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

WE WILL NOT BE LIABLE TO YOU FOR:

  1. ANY LOSS OF INCOME, BUSINESS OR PROFITS, GOODWILL, USE OR LOSS OR CORRUPTION OF OR DAMAGE TO DATA, INCLUDING (BUT NOT LIMITED TO) DAMAGES RELATING TO OUR MISUSE OF MEMBERS' OR USERS' PERSONAL INFORMATION;
  2. ANY LOSS OR DAMAGE WHICH WAS NOT CAUSED BY OUR BREACH OF THESE TERMS OF USE OR BREACH OF OUR LEGAL DUTY OF CARE;
  3. ANY LOSS OR DAMAGE WHICH WAS NOT A REASONABLY FORESEEABLE RESULT OF EITHER OUR BREACH OF THESE TERMS & CONDITIONS OR BREACH OF OUR LEGAL DUTY OF CARE. LOSS OR DAMAGE IS "REASONABLY FORESEEABLE" IF PRIOR TO YOU ACCESSING THIS SITE SUCH LOSS WAS EITHER (I) CONTEMPLATED BY YOU AND BY US, OR (II) YOU NOTIFIED US THAT THE LOSS MAY OCCUR IF WE BREACHED THESE TERMS OF USE OR OUR LEGAL DUTY OF CARE; OR
  4. ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF YOU FAILING TO TAKE REASONABLE PRECAUTIONS AGAINST SUCH LOSS OR DAMAGE, SUCH AS THROUGH INSTALLATION OF ANTI-VIRUS SOFTWARE.

IN RESPECT OF MEMBERS AND USERS WITHIN THE EU ONLY, NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER ANY APPLICABLE LAW.

IF YOU REQUIRE MORE INFORMATION ON YOUR LEGAL RIGHTS, YOU SHOULD CONTACT YOUR LOCAL AUTHORITY TRADING STANDARDS DEPARTMENT OR CITIZENS ADVICE BUREAU.

Your responsibility during a claim

You agree to co-operate and assist us in defending any claim brought against us by a third party that arises from your breach of these Terms & Conditions and you will allow us to handle any such claim.

Changes to these terms & conditions

Sometimes we might need to change these Terms & Conditions. If we do, then we will let you know by posting a notice on our sites. If you don’t agree with the changes, then please do not visit or use the sites again (see “Termination” for how to terminate your participation as a member). By continuing to use our site following changes to the policies you indicate your consent to the modified terms of use.

Changes to tesco orchard

Occasionally we may need to modify, add to or withdraw Tesco Orchard campaigns (sometimes called “programmes”), content on our sites, or other aspects of Tesco Orchard. We reserve the right to do this without any liability to you.

International use

By subscribing to and using our services, you acknowledge and consent that your personal information may be transferred outside of the European Economic Area. Whenever we transfer personal information to countries outside the European Economic Area we will ensure that appropriate security measures are taken.

To participate in Tesco Orchard you must be resident in the United Kingdom. We make no representation that Tesco Orchard, any products or other materials available through our sites are appropriate or available for use in other countries. If you do choose to access our sites from other countries, you do so on your own initiative and are responsible for compliance with local laws.

Eligibility

You must be 18 years of age or older to be a member of Tesco Orchard.

We have the right to determine which members are eligible to participate in any of the campaigns we offer. We can also remove a member from a campaign at any time for any reason.

Termination

You may terminate your participation as a member at any time, for any reason, by visiting the “close my account” page. We may terminate you as a member for any reason, at any time.

Our agreement with you under these Terms & Conditions is in full force and effect while you visit the sites and/or are a member of Tesco Orchard and continues to be so even after your participation ends or is terminated.

Special provisions on activity-based benefits

As a member we may grant you certain privileges and benefits based on your quality and quantity of activity in the campaigns you participate in. For example, members may receive access to special campaign previews, campaign pre-registration, enhanced product and hand-out packages. Tesco will determine which, if any, benefits a member is eligible to receive in our sole discretion.

Members can earn Tesco Clubcard points for participating in certain activities. Please follow this link to find out about the rules and restrictions regarding the accumulation, expiration, and redemption of Tesco Clubcard points.

Tesco does not warrant or represent that members will earn any specific number of points or that any specific products or services will be available for redemption and reserves the right to cease offering Tesco Clubcard points at any time or otherwise vary the terms on which Tesco Clubcard points are accumulated or redeemed.

Special provisions on surveys & sweepstakes

Surveys and sweepstakes sponsored by us or our clients may be made available to members on our sites. Visiting our sites or using them as a member is not conditional on your participation in these surveys or sweepstakes. Please see our Privacy & Cookies Policy for information on how we use data collected from these activities. Any sweepstake will be accompanied by its own terms and conditions of entry.

Applicable law

These Terms & Conditions shall be governed by and construed in accordance with the laws of England & Wales and any disputes will be decided only by the English courts.

Queries

If you have queries about these Terms & Conditions you can contact us by e-mailing us at support@orchard.tesco.com.