KickStart Breakfast
General Terms and Conditions

  1. General
    1. The KickStart Breakfast Programme ("Programme") is operated by Fonterra Co-operative Group Limited in partnership with New Zealand Health Association Limited trading as Sanitarium Health & Wellbeing Company (together, "The Partners", "us", "we", or "our") and supported by The Ministry of Social Development.
    2. Please read these General Terms and Conditions ("Terms"). We may vary these Terms at any time. The current version of the Terms will be maintained on the KickStart Breakfast site (www.kickstartbreakfast.co.nz) ("Site"). The Terms will be interpreted in accordance with, and governed by, the laws of New Zealand.
  2. Eligibility
    1. Eligible schools are defined as below:
      1. All New Zealand schools deciles 1-10 from primary through to secondary that are identified by the Directory of Educational Institutions at http://www.educationcounts.govt.nz/directories/list-of-nz-schools (the "School") are eligible to join the Programme;
      2. Satellite schools and Teen Parent Units which are related to the above mentioned schools may also be eligible to join but will be subject to an individual review before they will be accepted on to the programme at the sole discretion of The Partners; and
      3. Alternative education providers may also be eligible to join but will be subject to an individual review before they will be accepted on to the Programme at the sole discretion of The Partners,
        (each, a “School” and together, the “Schools”).
    2. For the avoidance of doubt, boarding schools (where students are provided with breakfast as part of their living arrangements), correspondence schools, and Early Childhood Education providers are not eligible to join the Programme. Education facilities providing services to Government departments, which include providing meals funded by Government, are also not eligible.
  3. Applications
    1. Any eligible School may apply to participate in the Programme.
    2. Each School must apply to participate through the online application page found on the Site ("Application"). No other form of application will be accepted.
    3. By submitting an Application a School will be deemed to have accepted these Terms.
    4. All information provided in an Application must be true and accurate at the time the Application is submitted.
    5. Decisions on Applications will be made at our sole discretion.
    6. Applications will be considered in the sequence they are received, however, the date of a School's commencement of the Programme will be at The Partners sole discretion.
  4. Programme operation
    1. Schools must provide a central location within the School’s campus where the breakfast will be served and consumed (the “Breakfast Club”) as well as sufficient personnel to administer and run the Programme on an ongoing basis. If the location of the Breakfast Club is outside the School campus, approval must be gained from the Partners prior to commencement of the Programme.
    2. The School is responsible for providing the essential provisions to run the Programme including, but not limited to; tables, chairs, cutlery, bowls and refrigeration to chill the milk.
    3. Schools are responsible for ensuring the location of the Breakfast Club and any associated facilities and equipment used in connection with the Programme and/or Breakfast Club are cleaned on a regular basis and remain in a hygienic and tidy condition.
  5. Updates
    1. If any circumstances change so that the information provided in an Application is no longer true and correct, the School must either update the online school profile in accordance with clause 4.2 below (if applicable) or notify The Partners of the change in information by emailing [email protected] or calling 0800 900 070.
    2. An online school profile will be established by The Partners for each School ("Profile"). To remain in the Programme, the School must update its Profile (or confirm that the information is current and correct) at least once per school term through the term update process or earlier if necessary, to ensure that the Profile remains accurate. Schools will be prompted to update or confirm their Profile via reminder emails, and failure to comply more than twice per year may result in suspension from the Programme.
    3. Schools must maintain their student numbers and days offering breakfast through the Profile on the Programme's website on a regular basis to maintain an accurate record of the number of children that the Product is being provided to and the number of serving days per week.
    4. If you wish to retire from the Programme, you may do so by emailing the KickStart Breakfast team on [email protected]
  6. Communication
    1. You agree to receive regular KickStart Breakfast e-Newsletters. You agree to have representatives from The Partners visit your School at mutually agreed times to observe and/or participate in the Programme delivery at your School.
  7. Media
    1. You agree that The Partners can provide your School details, including the name of your School and relevant contact details, to local, regional and/or national and international media who may be interested in running a story on the Programme. You will have the final decision whether media will attend your School.
  8. Programme Name
    1. All references to the Programme by the School in both written and formal verbal communications should refer to the full name of the Programme "KickStart Breakfast".
  9. Programme logo
    1. The Programme logo or reference to the Programme is to be used only in relation to the Programme and for no other purpose without written permission from The Partners.
  10. Images
    1. Images supplied to Schools in connection with the Programme, including for use by the School in its own written materials, are to be used solely in relation to the Programme and for no other purpose.
  11. Product quantities
    1. The Partners reserve the right to put limits on a School's student participation if and when required.
    2. From the beginning of Term 4 2013 the School can choose to run the Programme up to five days a week, provided that they notify The Partners of how many days per week they will be serving the Product by updating the online school profile or the term update process as determined by the Partners.
    3. It is the responsibility of the School to identify any children that may not be able to participate in the Programme for any reason, including food allergies or lack of parental permission.
  12. Product delivery
    1. Fonterra will deliver Anchor milk and Sanitarium will provide Weet-Bix ("Product").
    2. The Product will be delivered to a delivery point agreed between the School and The Partners ("Delivery Point"). The Delivery Point must allow easy access for the unloading of the delivery vehicle.
    3. The Partners are not responsible for Product that is misplaced or stolen after delivery. Schools must inform The Partners immediately if Product is misplaced or stolen so an alternative delivery to the Delivery Point can be arranged.
    4. Frequency of Product deliveries to the School will be at the sole discretion of The Partners. We will consult with the School and take into consideration the number of students, number of days serving and the location of the School.
    5. We will make every effort to ensure that deliveries are made at times agreed between The Partners and the School but cannot guarantee this.
  13. Product, storage and distribution
    1. The School is responsible for the Product from delivery at the Delivery Point until it is consumed. The Partners are not liable for any Product that may be mishandled, misused or misplaced after delivery.
    2. The School is responsible for all health and safety procedures relating to the Product and Product consumption, as well as for the safe and secure storage of the Product and any used packaging, at a single location on School grounds for collection and recycling as required by The Partners detailed further in clause 17.
    3. The School is responsible for all movement of the Product within the School, for distribution of the Product to the students and for gathering of the used packaging.
    4. The Partners will provide guidance on the required care and handling of the Product. The School must comply with all health and safety procedures as advised by The Partners from time to time.
  14. Use of Product
    1. Product provided through the Programme is exclusively for consumption by the students within the School. The Product shall not be consumed by any other persons and is not for staff or volunteer consumption, except where a staff member or volunteer consumes the Product at the same time as, and in the company of the students, to model positive behaviour.
    2. The Product is to be consumed only at the School’s Breakfast Club site prior to normal school hours starting for the day.
    3. Schools can in no way profit monetarily from the Product provided and all Product must be distributed free of charge. Specifically:
      1. The School must not on-sell the Product to any organisation or private persons;
      2. No fees can be charged to the Students to receive the Product; and
      3. The Product is not to be used for any kind of fundraising activity.
  15. Product replacements
    1. Where a Product is identified as faulty the School must notify The Partners immediately and we will take appropriate action.
  16. Over / under supply
    1. It is the School's responsibility to inform The Partners by email or phone if an oversupply or undersupply of Product occurs.
  17. Packaging disposal and recycling
    1. Fonterra will lease recycling bins (“Bins”) and provide bin liners to Schools at no charge for the sole purpose of storing used Anchor UHT milk packs (“UHT Packs”). Bins shall be stored on the School campus (or such other location as agreed between the parties) and will remain the property of Fonterra at all times.
    2. Fonterra will be responsible for the general maintenance of the Bins. Schools must immediately notify Fonterra of any damage to the Bins. The School will be liable to Fonterra for any losses, damages or costs that Fonterra sustains as a result of any loss or damage to the Bins except where Fonterra or its employees or contractors directly cause such loss or damage.
    3. Fonterra will arrange for collection and removal of the UHT Packs from the School. The School is responsible for making the used UHT Packs available for collection in accordance with the UHT recycling guidelines advised by Fonterra from time to time.
    4. Schools are responsible for ensuring the Bins are cleaned on a regular basis and remain in a presentable, hygienic and tidy condition.
    5. If a School chooses to retire from the Programme, Fonterra or any person authorised by Fonterra, may enter the School during reasonable hours or any other address where the Bins are expected to be for the purposes of removing the Bins. The parties acknowledge that this provision survives the termination of a School’s participation in the Programme.
    6. The School is responsible for ensuring all other used packaging is recycled as part of the schools normal recycling processes.
  18. Volunteer(s)
    1. The Partners accept no responsibility for any volunteer(s) operating or supporting the operation of the Programme. It is the School's responsibility to ensure the volunteer(s) are suitable and abide by any school policies and procedures.
  19. Disclaimer
    1. If the School is not complying with the Terms, The Partners reserve the right, at their sole discretion, to either:
      1. require the School to remedy the breach of the Terms if The Partners consider that the breach is capable of being remedied; or
      2. temporarily or permanently stop the School's involvement in the Programme.
      3. We will work with the School to ensure that the Programme is successful, but we will not be liable to the School for anything arising from the Programme (except as required by law).
Key Partners: