1.1 Gasoline Alley Services Limited ("GAS") licenses the use of the GASup application (the "App") to you on the terms below.
1.2 You have a non-exclusive licence to use the App but GAS retains all other legal rights including title to the App and all related intellectual property.
1.3 Not all payment options, features or services offered through the App will necessarily be available at all GAS sites or at all hours of the day or night.
2. Using the App
2.1 When you set up your account for the App, you will be required to create passwords, passcodes or use your device’s touch ID features (if applicable) to enable access to the App.
2.2 GAS may impose any security measures it deems appropriate for the App at any time and may update and add security measures to the App at any time in its discretion.
2.3 You will be responsible for all purchases made authorised through the App, including where authorisation has been made by fingerprint stored on your device’s touch ID features. GAS is under no obligation to verify that any authorisation was made by you personally and GAS is not liable for any loss or damage arising from your failure to keep your password, passcode or other access methods secure.
2.4 You must ensure that: (a) Your details are kept up-to-date and current at all times; (b) No other person uses your account at any time; (c) No other person has access to your passwords, passcodes or any other means of accessing your account through the App, which must be kept secret and secure by you; (d) Your account is only logged in on one device at any given time; (e) GAS is informed within 24 hours of your device being stolen or lost, the secrecy of your password, passcode or other access method being compromised or if any unauthorised person accesses your account at any time.
3. Permissible Uses
3.1 You may use the App on your own device and solely for your own use.
3.2 When using the App to pay for the purchase of fuel, you must do so: (a) Inside your fully enclosed vehicle; and (b) Strictly in accordance with such health, safety and other rules that GAS may stipulate from time to time.
3.3 You must not: (a) Use the App to supply services to others; or (b) Modify or decompile the App unless permitted under the Copyright Act 1994 provided that if you are permitted and wish to do so, and only then after first contacting GAS, which will use its reasonable endeavours to make a suitable version of the App available for your permitted use subject to such reasonable terms as GAS may require. (c) Use the App in relation to purchasing fuel for your vehicle if: (i) You have not yet reached sixteen years of age; or (ii) Your vehicle is not stationary and switched off at the time of use; or (iii) The vehicle to be filled is a motorbike; or (iv) You are using a container that is not safe or approved by GAS for the storage of fuel; or (v) You are not sitting inside your vehicle at all times when using the App; or (vi) You are on the forecourt of any GAS service station or site when using the App
4.1 This licence is effective until terminated.
4.2 You may terminate it at any time by discontinuing use and deleting the App from your device. 4.3 GAS may terminate the licence immediately at any time without or without notice to you.
4.4 On termination of this licence, you agree to delete the App and all copies of it from your devices immediately.
5. Payment for fuel
5.1 To use the App to pay for fuel at participating GAS retailers, you must add at least one current credit or debit card or other payment method that is accepted for use with the App ("Payment Card"). 5.2 Some Payment Cards may not be accepted at particular GAS sites.
5.3 GAS will have no access to the details of any Payment Cards entered by you.
5.4 Details about your Payment Cards will be collected, stored and processed by Payment Express, which is the provider contracted to process transactions through the App. Please contact Payment Express for details about the security of your Payment Card information.
5.5 When you add a Payment Card to the App, a pre-authorisation hold of $1.00 will be placed on the Payment Card.
5.6 When you use a Payment Card to pay for fuel through the App, a pre-authorisation hold will be placed on your Payment Card or bank account. The amount of the hold will be as follows: (a) Where you have chosen to pay for a specific dollar value of fuel, the hold will be equal to the dollar value of fuel selected; and (b) Where you have not chosen to pay for a specific dollar value of fill, the pre-authorisation will be for an amount up to $150.00.
5.7 If you do not have sufficient funds available to meet the authorisation hold then either: (a) You may not be able to proceed with the transaction; or (b) You will only be able to purchase fuel for the dollar value that your bank or Payment Card issuer confirms.
5.8 You acknowledge that: (a) You understand that a pre-authorisation hold puts a temporary hold on the funds that would otherwise be available using your Payment Card until such time as the transaction has cleared; and (b) GAS has no power to influence the length of time it takes your bank or Payment Card issuer to release any pre-authorisation hold against your Payment Card; and (c) Attempting to make payment with a Payment Card multiple times during one transaction may result in multiple pre-authorisation holds being placed on your Payment Card.
5.9 If your Payment Card has expired, frozen, cancelled or cannot be used for any other reason, you will not be able to use it to complete the transaction.
6. Limited warranty 6.1 The App is provided "as is" without warranty of any kind, either express or implied, Including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. GAS does not warrant that the functions contained in the App will meet your requirements or that the operation of the App will be uninterrupted or error-free. The entire risk as to the quality and performance of the App and any data use generates is with you.
7. Limitations of remedies
7.1 If you are acquiring the App for business purposes, the Consumer Guarantees Act 1993 does not apply. Otherwise, the exclusions of liability in this licence do not affect your rights under that Act or under any other law that applies to this licence.
7.2 Under no circumstances will GAS be liable to you for any damages, including any special, incidental, indirect or consequential damages, or loss of profit, revenue or data, arising out of the use or inability to use the App even if GAS has been advised in advance that such damages may arise.
8.1 Please refer to the GASup Privacy Statement for the terms on which we will collect, store and use personal information in connection with the App.
8.2 Agreement to the GASup Privacy Statement is a condition of your using the App. By using the App, you confirm your acceptance of the Privacy Statement.
9.1 GAS may modify, vary or change these terms at any time by posting such modified, varied or changed terms to its www.gasolinealley.co.nz website and will take effect from the time they are posted. GAS may make other efforts to draw your attention to any new terms but it is your responsibility to ensure you are aware of the current terms when using the App.
9.2 This licence will be governed by and construed under the laws of New Zealand.
9.3 Failure or delay by GAS in enforcing any right or provision of the licence is not to be deemed a waiver of such provision or right with respect to the breach.
9.4 If any provision of this licence is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this licence will remain in full force and effect.
9.5 You may not assign, transfer or sublicense this licence except as expressly provided n this licence.