Zoom Trolley Terms and Conditions
Welcome to Zoom Trolley. Zoom Trolley is New World’s smart trolley technology solution where you can scan, purchase and pay for grocery items using the Zoom Trolley application accessed through the New World mobile application.
For the purposes of these terms and conditions Zoom Trolley refers to: (a) the Zoom Trolley functionality accessed through the New World mobile application (New World Application); (b) the Zoom enabled trolley (Zoom enabled Trolley); (c) the display device attached to the Zoom enabled Trolley used to access the Zoom Trolley Application (Zoom Device); and (d) the Zoom Trolley application residing on the Zoom Device (Zoom Trolley Application). Your use of Zoom Trolley is governed by these terms and conditions so please read them carefully.
The systems and intellectual property rights relating to or supporting Zoom Trolley are owned and/or controlled by Foodstuffs North Island Limited, Foodstuffs South Island Limited, Foodstuffs (N.Z.) Limited, and/or any affiliate, subsidiary or related company of those Foodstuffs entities (together, Foodstuffs).
The operator of the physical New World supermarket (Store) where you have selected to use Zoom Trolley to purchase your grocery items (we, our or us in these terms and conditions) is responsible for the supply of grocery items and your use of Zoom Trolley within the Store.
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REGISTERING TO USE ZOOM TROLLEY
1.1.Your use of Zoom Trolley
Zoom Trolley can be accessed via the New World Application. The New World Application is available for download from the Apple App Store or Google Play.
We do not charge you for the use of Zoom Trolley, but you must pay for your selected grocery items before you leave the Store. You are responsible for any data or telecommunications charges associated with your use of Zoom Trolley.
By accessing and/or purchasing grocery items through Zoom Trolley, you are deemed to have read and agreed to these terms and conditions.
1.2.Registration and use of your details
You must be a registered New World Clubcard member to use Zoom Trolley. If you are not a New World Clubcard member, you can complete this registration via online registration at www.clubcard.co.nz, by completing the application form and returning it to any New World Customer Service desk in-store, or by phoning the Clubcard Helpline on 0800 80 70 70 during normal business hours. More information can be found www.clubcard.co.nz or in-store.
You will need to have the latest version of the New World Application installed on your mobile handset and log in using your New World Clubcard number and registered details to use Zoom Trolley to search for and buy grocery items.
You must register as an New World Online Shopping customer to be able to use mobile payments via the New World Application or access shopping lists in the Zoom Trolley Application. If you are not registered for New World Online Shopping, you can complete this registration by registering as an online shopping customer via New World Online Shopping and providing your nominated email address, password and other requested information.
Any personal information you provide to us in your use of Zoom Trolley will be collected, held and used in accordance with the Zoom Trolley Privacy Policy.
The username you use to access the New World Application is personal to you. Please keep your username and nominated password confidential. You agree that you are solely responsible for any use of Zoom Trolley, including access to your account on the New World Application, by any person using your username and password. You agree that all information you make available to us when using Zoom Trolley is true, accurate, up to date, complete and not false, misleading or deceptive in any material way.
To the maximum extent permitted by law, we and Foodstuffs will not be liable, whether in contract, tort or otherwise, for any loss, damage or injury arising directly or indirectly from any use of Zoom Trolley or your account on the New World Application, or any third party gaining unauthorised access to your personal information.
1.3. Termination/suspension of access
We may refuse any application to use the New World Application and we are also able to reject any attempts to use the Zoom Trolley Application. We may also, at our discretion, suspend or terminate your access to the New World Application at any time for any reason.
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SHOPPING WITH ZOOM TROLLEY
2.1. Using a Zoom Trolley
To use a Zoom enabled Trolley, you will need to log in to the New World Application, click on the trolley icon and select the “Connect to Zoom Trolley” option. You will then be asked to scan the QR Code displayed on the Zoom Device screen to pair to the Zoom enabled Trolley.
If you will be using reusable shopping bags for your grocery items, you will be prompted by the Zoom Trolley Application to place these in the Zoom enabled Trolley prior to proceeding with your shop.
If you have created any shopping lists in your New World Online Shopping account, these will be visible in the Zoom Trolley Application for you to select, view and use as a checklist while in the Store. You can also select, view and use as a checklist the Zoom Trolley default shopping list available in the Zoom Trolley Application.
2.2. Shopping with Zoom Trolley
There are three different ways to add grocery items to your Zoom enabled Trolley:
(a) if the grocery item has a barcode, scan the barcode on the grocery item using the fixed scanner attached to the Zoom Device, and place the grocery item in the Zoom enabled Trolley;
(b) if the grocery item is sold by quantity (such as fruit and vegetables from our fresh food departments), search for the grocery item using the Zoom Trolley Application, select the number of individual grocery items you are purchasing, and place the grocery item(s) in the Zoom enabled Trolley; or
(c) if the grocery item is a variable weight item that is sold by weight (such as produce, seafood, meat and deli items from our fresh food departments), you will need to weigh the grocery item(s) at one of the weighing stations located in store, print a barcode to place on the item(s), scan the barcode using the fixed scanner attached to the Zoom Device, and place the grocery item(s) in the Zoom enabled Trolley.Once a grocery item has been scanned or selected using the Zoom Device and/or Zoom Trolley Application and placed in the Zoom enabled Trolley it will appear on the Zoom Trolley Application.
If the fixed scanner on the Zoom Device does not recognise the barcode on a grocery item, you will need to request assistance from one of our in-store team members.
If the grocery item you want to purchase is heavy, large, or you simply require assistance scanning and/or placing the grocery item into the Zoom enabled Trolley, please ask for assistance from one of our in-store team members.
If you want to remove a grocery item from your Zoom enabled Trolley, you will need to remove the grocery item by first deleting it from the priced basket list in the Zoom Trolley Application and then removing the grocery item from your Zoom enabled Trolley. You will be asked to confirm that you want to remove the grocery item and then prompted via the Zoom Trolley Application to remove the grocery item from the Zoom enabled Trolley.
You may choose to cancel your shop at any time up to the point of payment. If you choose to cancel your shop via the Zoom Trolley Application, should you wish to start over you may be required to rescan all grocery items in your Zoom enabled Trolley. Otherwise you may proceed to a normal checkout operator lane to scan all your grocery items prior to payment at the end of your shop.
In the event that you are unable to access the New World Application to complete the transaction due to insufficient battery life, issues with internet access, or any other reason, then, if the shop data from the Zoom Trolley Application can be retrieved, the New World Application payment transaction will be treated as cancelled and your Zoom Trolley shop transferred to a normal checkout operator lane for payment at the end of your shop. If the shop data from the Zoom Trolley Application cannot be retrieved, your shop via the Zoom Trolley Application will be treated as cancelled and you will be required to rescan all grocery items in your Zoom enabled Trolley at a checkout operator lane prior to payment.
2.3. Restricted grocery items
It is illegal for us to sell or supply alcohol, tobacco products, e-cigarettes (vaping products), and any other grocery item required by law or otherwise to be age-restricted as advised by Foodstuffs from time to time (Age-restricted Items), to anyone under the age of 18 years. It is also illegal for you to purchase Age-restricted Items if you are under the age of 18, even if you’re buying it as a gift for someone else. By placing Age-restricted Items in your Zoom enabled Trolley, you are representing that you are 18 years of age or over. It is our policy to require proof of age if you look under the age of 25 years. Acceptable forms of identification are:
• 18+ HANZ Card;
• New Zealand Driver's Licence; or
• Current Passport.You will need one of our in-store team members or a checkout operator to approve the Age-restricted Item in your Zoom enabled Trolley prior to payment.
Certain high value grocery items (Value-restricted Items) scanned or selected using the Zoom Device and/or Zoom Trolley Application and placed in the Zoom enabled Trolley require approval to be purchased through Zoom Trolley. You will need one of our in-store team members or a checkout operator to approve the Value-restricted Item in your Zoom enabled Trolley prior to payment. Further details of Value-restricted Items will be available via a specific in-Store policy.
2.4. Quality checks
You agree that your Zoom enabled Trolley may occasionally be checked at random.
We reserve the right to rescan the contents of your Zoom enabled Trolley and/or to confirm the grocery items in your Zoom enabled Trolley match the grocery items recorded in the Zoom Trolley Application at any time while you are in the Store. If there is a difference between your own scan and a checkout scan or visual confirmation, the checkout scan will apply and/or you will be required to rescan missed items or remove items (as applicable).
Further details will be available via a specific in-Store policy.
2.5. Grocery item availability
All grocery items, including specials, are subject to availability.
2.6. Maximum number of items
We reserve the right to limit the number of each item we will supply in any transaction. You must not purchase items through Zoom Trolley for the purposes of resale. If we suspect that you are doing so, we may suspend or terminate your right to use to Zoom Trolley, or we may refuse to fulfil any Zoom Trolley transaction.
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PAYING FOR ZOOM TROLLEY
3.1. Currency/GST
All prices set out in these terms and conditions and/or displayed on the Zoom Trolley Application are in New Zealand Dollars (NZD) and include GST.
3.2. Payment method
Grocery items in your Zoom enabled Trolley can be paid for by credit or debit card (including Visa, Mastercard or American Express), New World Gift Cards, New World Dollars, vouchers or cash.
You agree to indemnify (i.e. compensate) us against any loss or damage that we incur arising out of any default by your credit or debit card provider to make payment to us in full.
3.3. Clubcard
New World Clubcard members can obtain instant discounts with exclusive Club Deals and get rewarded by collecting Fly Buys points or earning Airpoints Dollars when shopping with Zoom Trolley. Use of your Clubcard with Zoom Trolley is subject to our Clubcard Terms and Conditions. To the extent of any inconsistency between these terms and conditions and our Clubcard Terms and Conditions, these terms and conditions will prevail. There may be a delay between a qualifying purchase via Zoom Trolley and the corresponding credit of points to a customer’s Fly Buys or Airpoints account.
3.4. Payment at checkout
Once you have selected to check out on the Zoom Trolley Application, there are two different ways to pay for the grocery items in your Zoom enabled Trolley:
(a) Mobile Payment
If you have a credit or debit card saved to your New World Online Shopping account, you can use a designated Zoom Trolley exit lane to avoid any queues.
You should select “Mobile Payment” to use your saved credit or debit card to pay for the groceries in your Zoom enabled Trolley via the New World Application. On successful payment via the New World Application you can then proceed through the designated Zoom Trolley exit lane. You can access the receipt for your transaction via the applicable New World channel.
It is important to us that you can use your credit or debit card safely. If you choose Mobile Payment to complete your purchase, then we store your credit or debit card data. Your purchase transaction data is stored for as long as is necessary to complete the purchase transaction.
All direct payment gateways offered to you adhere to the Payment Card Industry Security Standards (PCI-DSS) as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and all other leading card brands. The PCI-DSS is a set of security standards designed to ensure all companies that accept, process, store or transmit payment card information maintain a secure environment. We (and where applicable any relevant Foodstuffs entity) are responsible for the security of cardholder data that we possess or otherwise store, process, or transmit on your behalf.
(b) Cash, Card, or Vouchers (checkout lane)
If you do not wish to use the Mobile Payment option, you will need to use a staffed checkout lane to pay for your Zoom Trolley.
You should select “Cash, Card or Vouchers” to pay for the groceries in your Zoom enabled Trolley via the New World Application. Proceed to a manned checkout operator lane and, when requested to do so by the checkout operator, scan the barcode displayed on the New World Application on your mobile phone, and then click ‘done’ once the operator has confirmed the scan has been accepted. You can then scan your Clubcard barcode on the New World Application when asked by the checkout operator and click ‘finish’ once the scan has been accepted and finalise payment.
3.5. If what you pay for is not what you get
If you notice that you have been charged for a grocery item you did not receive, then please visit the New World Customer Service desk in-store so that we can address the issue.
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ZOOM TROLLEY SAFETY
The Zoom enabled Trolley uses a fixed laser scanner to scan the barcodes on grocery items placed in the Zoom enabled Trolley.
This laser scanner conforms to the applicable requirements of both CDRH 21 CFR 1040 and EN 60825-1 at the date of manufacture. The scanner utilizes a low-power laser diode. Although staring directly at the laser beam momentarily causes no known biological damage, avoid staring at the beam as one would with any very strong light source, such as the sun. Avoid the laser beam hitting the eye of an observer, even through reflective surfaces such as mirrors, etc.
No children are allowed in the Zoom enabled Trolley at any time during the use of Zoom Trolley.
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WARRANTIES
All representations, terms, warranties, guarantees, or conditions whether express or implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions or merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded and expressly negated to the fullest extent permitted by law.
Subject to our obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, it is your responsibility to satisfy yourself that grocery items you purchase through Zoom Trolley are fit for the purpose you intend and to use all requisite care and skill when handling, using and/or consuming those grocery items. You warrant that you will not use grocery items purchased through Zoom Trolley for any purpose for which they are not suitable. You acknowledge that you cannot rely on any representation or statement made by a representative of ours or Foodstuffs either through the Zoom Trolley Application or otherwise, other than the express wording of these terms and conditions. No representative of ours or Foodstuffs assumes any obligation or liability for any advice given to you and you accept grocery items purchased through Zoom Trolley entirely at your own risk.
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LIABILITY
6.1. Consumer Guarantees
We will comply with our obligations under the Consumer Guarantees Act 1993. If grocery items you purchase using Zoom Trolley are damaged, faulty or spoiled at the time of purchase or otherwise, we will comply with our obligations under the Consumer Guarantees Act 1993. Please contact us if you have a grocery item that you consider to be damaged, faulty or spoiled. Proof of purchase will be required. Nothing in these terms and conditions is intended to have the effect of contracting out of the Consumer Guarantees Act 1993.
6.2. No liability generally
To the maximum extent permitted by law, we and Foodstuffs will not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any use of Zoom Trolley and grocery items supplied through Zoom Trolley. While we endeavour to keep information on the Zoom Trolley Application up to date, we cannot and do not guarantee the accuracy and completeness of this information.
6.3. Information displayed on Zoom Trolley Application
The information on the Zoom Trolley Application is provided to you “as is” and any reliance upon the information shall be at your own risk. Descriptions of or information relating to products or grocery items displayed on the Zoom Trolley Application have been provided by our suppliers and are not our or Foodstuffs’ responsibility. Please also be aware of any exclusions or limitations on our and Foodstuffs’ liability set out in the Zoom Trolley Privacy Policy.
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INTELLECTUAL PROPERTY
We or Foodstuffs either own or are authorised to use the intellectual property in everything that you hear, read, download or access on or via Zoom Trolley (including messages, data files, software, images, photographs and other materials). You are not permitted to do anything which infringes these intellectual property rights (such as copying, modifying or reposting content) unless you have express permission from us.
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ACCESSING AND USING ZOOM TROLLEY
8.1. Licence to use Zoom Trolley
We grant you a non-exclusive, non-transferable, revocable right to access and use Zoom Trolley solely for your use and the New World Application on a device that you own and/or control, all on the terms and conditions set out in these terms and conditions.
8.2. Restrictions on use of Zoom Trolley
You will not: (i) copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute all or any portion of Zoom Trolley in any form or media or by any means; (ii) decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Zoom Trolley Application; and (iii) damage, disassemble or deface the Zoom enabled Trolley including the Zoom Device.
You must not disrupt or interfere with the Zoom enabled Trolley, Zoom Device or other software, hardware or equipment connected to Zoom Trolley. You must not break any relevant law which applies to the use of Zoom Trolley. If you do any of these things or otherwise use Zoom Trolley inappropriately or maliciously you will indemnify us for any loss we suffer in connection with what you have done.
8.3. Changes to Zoom Trolley
You acknowledge that we may provide updates, upgrades, patches and other modifications to the New World Application (together Updates). Some of these Updates will occur automatically while others may require you to schedule and implement the Updates. You may also be required to update or upgrade the device, and/or the operating system or other software on that device (together Hardware or Software Updates), in order to continue to use Zoom Trolley. Unless we specify otherwise, Updates will be provided at no cost. 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 Zoom Trolley (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, Zoom Trolley.
8.4. Internet access
You will be solely responsible, at your cost, for: (i) procuring and maintaining your network connections and telecommunications links from the device you use to access the New World Application; and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
We will use reasonable endeavours to keep the New World Application free from viruses and from unauthorised access. However, we do not warrant that the New World Application will always operate uninterrupted or error-free or that any files available for downloading by you will be error-free or free from viruses, faults or defects.
8.5. Links to other sites
We have not reviewed all of the sites that may be linked to the New World Application. We are not responsible for the content or accuracy of any off-site page or other sites linked to the New World Application. Just because we include a link to another site does not mean we endorse it and you use the link at your own risk.
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GENERAL
9.1. Variation of terms and conditions
We can change these terms and conditions at any time, without notice to you by updating them here. The revised terms will take effect when they are posted and your continued use of Zoom Trolley means you agree to our revised terms.
9.2. Other terms and conditions
Please note that other terms and conditions or ‘terms of use’ govern your use of the general www.newworld.co.nz website and New World Application (excluding any aspect relating to Zoom Trolley).
9.3. Privacy
We may need to obtain personal information from you in the course of providing some of the services or content of Zoom Trolley to you. Personal information is any information about you that identifies you, or by which your identity can reasonably be ascertained.
Our Zoom Trolley Privacy Policy, which is located here, sets out how we and Foodstuffs can collect, hold and use your personal information. This Privacy Policy also forms part of these terms and conditions.
9.4. Force Majeure
We are not liable in respect of anything that, but for this provision, would or might constitute a breach of these terms and conditions, where this arises out of circumstances beyond our control, including but not limited to acts of God, natural disasters, sabotage, accident, riot, shortage of supplies, equipment or materials, strikes and lockouts, civil commotion, computer viruses or hacking, breakdown of equipment, power supply failure or telecommunications failure, or malicious damage (Force Majeure).
9.5. Governing law
The laws of New Zealand govern your use of Zoom Trolley and these terms and conditions. Any legal action against us must be taken in a New Zealand court of law.