1. Defined terms

“Calendar Day” means any day of the calendar year;

“Eligible Products” means those products listed in the Product List;

“General Terms and Conditions of Sale” means the terms and conditions of sale as amended from time to time in relation to the sale of products by Sysco Group;

“Loyalty Account” means the account set up by a customer before or when registering as a Member of the Programme and used to purchase Eligible Products from Sysco Group; “Loyalty Points” means the Loyalty Points which are awarded and accumulated by participation in the Programme;

“Member” means a specific Sysco Group customer, as determined by Sysco Group, who has registered as a member of the Sysco Group Loyalty Programme;

“Sysco Foods Ireland” means together Sysco Group (registered in Ireland with company number 188507, Sysco Foods NI Limited (Registration Number NIO66355), Sysco Group and any of their respective affiliates, as defined in section 10 of the Taxes Consolidation Act, 1997 (each a member of the Sysco Group);

“Product List” means the list of products determined by the Sysco Group which, when purchased, will accumulate Loyalty Points for a Member;

“Rewards Supplier” means any third party appointed by Sysco Group to supply gifts and rewards to Members as part of the Programme.

2. Introduction

The Sysco Group Loyalty Programme (the “Programme”) is a customer loyalty and reward programme which invites customers of Sysco Group to register as a Member of the Programme, earn Loyalty Points in return for the purchase of Eligible Products from Sysco Group and exchange the earned Loyalty Points for a selection of specified gifts and rewards supplied by a Rewards Supplier.

The Sysco Group General Terms and Conditions of Sale shall continue to apply to Members in relation to the purchase of all products from Sysco Group. Terms defined in the General Terms and Conditions of Sale shall have the same meaning when used herein, unless explicitly defined otherwise in these terms and conditions. The rules of interpretation of the General Terms and Conditions of Sale shall apply to these terms and conditions as if set out herein save that references in the General Terms and Conditions of Sale to “this agreement” or “these terms and conditions” shall be construed as references to the General Terms and Conditions of Sale as varied and amended by these terms and conditions.

3. THE LOYALTY PROGRAMME

3.1. Application to become a member of the Loyalty Programme

3.1.1 In order to register as a Member you must be the bill payer of a registered customer with Sysco Group.

3.1.2 You can apply to become a Member of the Programme by entering your Sysco Group code at www.relishrewards.ie, verifying that you are the bill payer in control of a Sysco Group customer account and completing the online registration form. If your application is accepted, you will receive an email inviting you to join the Programme. You must respond to this invitation by confirming that you are the bill payer and agreeing to be bound by these terms and conditions. You can start collecting Loyalty Points when you are deemed by Sysco Group to have accepted the invitation to join the Programme.

3.2 Terms of Use of the Loyalty Card and Loyalty Account

3.2.1 All use of your Loyalty Account and any Loyalty Points earned are subject to these terms and conditions.

3.2.2 Sysco Group reserves the right at any time and without prior notice, to restrict or withdraw your Loyalty Account or to alter, amend or terminate the Programme. Without limitation to any other provisions of the terms and conditions, Sysco Group shall at its sole discretion be entitled to alter, amend, deduct or restrict Loyalty Points awarded to you at any time where Sysco Group or the Rewards Supplier is of the opinion that such Loyalty Points were awarded incorrectly for any reason, whether as a result of any act or omission of the Rewards Supplier or Sysco Group, its employees, officers or agents, or otherwise. Your participation in the Programme may be restricted, terminated or made subject to certain conditions at any time at the sole discretion of Sysco Group.

3.2.3 Sysco Group reserves the right to alter or amend these terms and conditions without notice at any time or to introduce supplementary or additional terms and conditions in relation to the Programme or any aspect of the Programme including but not limited to the methods by which the Loyalty Points can be earned, how Loyalty Points can be used, the value of the Loyalty Points earned and the conditions under which Loyalty Points may be forfeited at any time, with or without notice, even where the changes may affect the Members ability to use the Loyalty Points that they have already earned.

3.2.4 By registering for the Programme you will be deemed to have accepted these terms and conditions, however, you will not be formally accepted as a Member until you have responded by email to the emailed invitation to join the Programme and this response is deemed to be accepted by Sysco Group. If you do not agree to these terms and conditions, it is your responsibility to advise Sysco Group that you wish to be removed from the Programme.

3.2.5 All participants in the Programme must reside within either the Republic of Ireland or Northern Ireland and must be at least 18 years old at the time of their application to join the Programme.

3.2.6 The Loyalty Points earned are transferable between accounts with the approval of Sysco Group. A customer may have multiple accounts but must set up each account using a specific email address.

3.2.7 For a Member to participate in the Programme and in order for a Member to redeem Loyalty Points accumulated by their Loyalty Account, the Member must have a good credit standing with Sysco Group (to be determined at Sysco Group discretion). If Sysco Group deem your customer account to be on hold, your Loyalty Account will also be placed on hold. You will not be eligible to earn or redeem Loyalty Points while your Loyalty Account or customer account is on hold.

3.2.8 Each Member is responsible for the proper use and security of their Loyalty Account and any Loyalty Points earned and accumulated by them. Any Loyalty Account that has not been used for a period of 24 months will be deemed invalid and any Loyalty Points accumulated on that Loyalty Account will be cancelled at the discretion of Sysco Group.

3.2.9 You have the right to opt out of the Programme at any time by visiting the website www.relishrewards.ie.

3.2.10 Sysco Group reserves the right to cancel the Programme at any time. Should the Loyalty Programme be cancelled, Members will be given three months to claim or make use of any Loyalty Points accumulated on a Loyalty Account.

3.3. Loyalty Points

3.3.1 To collect Loyalty Points, a Member must use the telesales ordering system operated by Sysco Group or the online ordering system on www.syscoireland.com.

3.3.2 In order for a Member to accumulate Loyalty Points on any particular Calendar Day, that Member must spend a minimum of €150.00 or £90.00 purchasing products from Sysco Group on that particular Calendar Day. This minimum spend applies to all products offered for sale by Sysco Group including but not limited to Eligible Products.

3.3.3 Loyalty Points will only be awarded on Eligible Products as determined by Sysco Group and listed on the Product List, published by Sysco Group.

3.3.4 Products may be excluded from the allocation of Loyalty Points at any time and without notice at the discretion of Sysco Group or as may be required by law.

3.3.5 Loyalty Points have no monetary value and cannot be exchanged for cash.

3.3.6 Loyalty Points are valid for a use for a period of 24 months from their award date. This time limit is subject to change at any time without notice at the absolute discretion of Sysco Group.

3.3.7 Where products are returned and those products were eligible for Loyalty Points, any Loyalty Points which were accumulated on a Loyalty Account will be deducted from that Loyalty Account.

3.4. Redemption of Loyalty Points for Gifts and Rewards

3.4.1 In order to redeem Loyalty Points, Members must log into www.relishrewards.ie and select the item for redemption. A confirmation email will be sent to the registered email address of the account holder.

3.4.2 In order to redeem Loyalty Points, a sufficient number of Loyalty Points must have been accumulated to cover the full requirements of the individual reward offers. In cases where the amount of Loyalty Points collected by a Member does not meet the requirements of a particular reward or gift, Loyalty Points cannot be used to partially redeem that reward or gift.

3.4.3 Loyalty Points can only be redeemed in exchange for specified rewards and gifts available through www.relishrewards.ie

3.4.4 Rewards and gifts are provided by the Rewards Suppliers or any one of them who are a third party provider, and Sysco Group takes no responsibility for any liability arising from the supply, quality, description or functionality of rewards or gifts supplied by the Rewards Suppliers.

3.4.5 In the case of all rewards and gifts, upon redemption, the appropriate number of Loyalty Points will be removed from the Loyalty Account.

3.4.6 Some rewards and gifts which are provided upon the redemption of Loyalty Points are subject to their own additional terms and conditions, which terms and conditions may be amended or altered at any time without notice.

3.4.7 All rewards and gifts are subject to availability and may be altered, amended, substituted or withdrawn at any time by the appropriate Rewards Supplier.

3.4.8 Sysco Group have no responsibility or liability of any kind in respect of any goods or services provided by a Rewards Supplier or any other third party supplier.

3.4.9 Sysco Group reserves the right at any time to reject any reward or gift or to terminate your participation in the Programme or your Loyalty Account if we are of the opinion that your Loyalty Account has been altered or otherwise tampered with in any manner. irl-loyalty@sysco.com may take whatever action we consider appropriate if we have reason to believe that you are abusing the Programme in any manner or acting in breach of these terms and conditions.

3.4.10 Trading account with Sysco Group must trade within credit terms and be of good credit standing in order to redeem a reward item.

3.4.11 Any item received damaged must be reported to irl-loyalty@sysco.com you must include your customer account code, the item received and the issue with the item. This needs to be completed within 3 days of receiving the item.

4. DATA PROTECTION

4.1 Personal details that you provide to us or supply during the process of registering your Loyalty Account will be held by us in confidence and in compliance with all applicable legal and regulatory requirements relating to the obtaining, retention, processing and use (including use for the marketing purposes) of personal data. Other than as stated below, no personal information will be divulged to anyone or any organisation except companies in the Sysco Group and third parties who process information on our behalf in relation to the running of the Programme including the Rewards Suppliers. Please see the Relish Rewards Privacy Policy for further details regarding the processing of your personal data.

4.2 In the event of a sale or transfer of the business of Sysco Group or any businesses within the Sysco Group, we may transfer this information to the purchaser/transferee in such circumstances. We may use your personal data for the following purposes: to help manage the Programme and improve the way we run it; to contact our customers if we need to communicate with them regarding any aspect of the operation of the Programme including sending information to customers by email and post; to help us understand our customers shopping habits and preferences; to contact our customers in order to perform market research; to perform profiling of shoppers behaviour in order to try and meet customers’ needs; and to improve the goods and services we offer. Unless you indicate otherwise, we will contact you with the details of offers and information about products and services which we believe would be of interest to you.

4.3 We may also use information relating to sets or groups of customers, without identifying individuals, to enhance our understanding of customer behaviour and enable us to improve our service in general.

4.4 You have the right to request a copy of your personal data held by us and to rectify or remove personal details. You can also access your personal data online at www.relishrewards.ie. If you wish to change your personal details, please do so online at www.relishrewards.ie. In addition, you have the right to opt out of the use of your information for marketing purposes at any time by changing the preferences in your Loyalty Account online or by contacting us at irl-loyalty@sysco.com.

5. GOVERNING LAW AND JURISDICTION

5.1 These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Ireland.

5.2 Each party irrevocably agrees that, subject as provided below, the courts of the Republic of Ireland shall have exclusive jurisdiction over any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). Nothing in this clause shall limit the right of Sysco Group to take proceedings against a Member in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

6. SEVERANCE

6.1 If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part- provision shall be deemed deleted. Any modification to or deletion of a provision or part- provision under this clause shall not affect the validity and enforceability of the rest of this agreement.