IMPORTANT — READ THIS FIRST

CAREFULLY READ THIS DOCUMENT BEFORE DOWNLOADING THIS APP. IF YOU DOWNLOAD THE APP YOU ARE ACCEPTING THESE TERMS AND CONDITIONS AND WILL BE BOUND BY THEM.

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD THE SOFTWARE.



1. Licence

1.1 Gasoline Alley Services Limited ("GAS") licenses the use of the GAS 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 to all users and at all GAS sites or at all hours of the day or night.

1.4 GAS may change the format, content, or function of all or any part of the App at any time.

1.5 Maintenance and/or updates to the App may be required from time to time. Depending on the maintenance or update required, you may not be able to access or use all or any part of the App until such maintenance is completed or update downloaded. 

2. Using the App

2.1 When you set up your account for the App, you will need to have an internet-enabled, eligible mobile device with a New Zealand mobile number. When accessing your App account, you will be required to enter the mobile number associated with your account. You will receive a One Time Password (OTP) verification code via text and will be required to enter the OTP verification code to access 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 and/or authorised through the App, including where authorisation has been made by fingerprint stored on your device’s touch ID features, or using biometric and other forms of identification. 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 GAS’ reliance on your authorisation.

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 OTP verification codes 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; and

(e) GAS is informed immediately of your device being stolen or lost, your access method being compromised or if any unauthorised person accesses your account at any time.

2.5 Some functions of the App require an internet connection. GAS does not take responsibility for the App not working at full functionality if you do not have access to the internet. 

2.6 If you are using the App outside of any area with wi-fi, the terms of the agreement with your mobile network provider will still apply. You may be charged by your mobile network provider for the cost of the data for the duration of the connection while accessing the App, or other third-party charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming,

2.7 If you are not the bill payer for the device you are using to access the app, you must have received permission from the bill payer to use the App.

3. Permissible Uses

3.1 You may use the App on your own device solely for your own use.

3.2 When using the App to pay for the purchase of fuel, you must do so:

(a) Inside a GAS service station; or

(b) Inside your fully enclosed vehicle; 

and at all times in strict 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; or

(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 in one of the locations listed at clause 3.2(a) or 3.2(b); or

(vi) You are on the forecourt (i.e. outside of your vehicle) of any GAS service station or site when using the App.

4. Term

4.1 This licence is effective until terminated.

4.2 You may terminate it at any time by deleting the App from your device.

4.3 GAS may terminate the licence immediately at any time with 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 Windcave, which is the provider contracted to process transactions through the App. Please contact support@windcave.com 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 fuel then, in line with your credit card terms and conditions, the pre-authorisation hold will be for an amount of $250.00 or such other amounts as individual sites may require. 

(c) After the transaction is completed, your bank will release the hold.

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.

5.10 BP Fuelcard cannot be used as a method of payment in the GAS App. 

6. Fuel Shout!

6.1 You may use the App to purchase a Fuel Shout! to provide another user (the “Recipient”) of the App with an electronic gift card to provide them with a credit to purchase fuel using the App. 

6.2 To purchase a Fuel Shout! you will need to enter the mobile phone number of the Recipient, enter the amount you would like to gift, and pay that amount to GAS through the App. 

6.3 The Recipient will be sent a text notification that they have a Fuel Shout! The Recipient can only redeem, access, or otherwise use the Fuel Shout! through the App. 

6.4 If the Recipient does not:

(a) download the App and/or redeem their Fuel Shout!; or 

(b) completely use the full balance of the Fuel Shout! credit

within one year of the purchase, the Fuel Shout! or the remaining balance thereof will expire and will irrevocably become the property of GAS and neither you nor the Recipient will have any claim in respect of this. 

6.5 If you change your phone number and have valid Fuel Shout! credit saved in the App, GAS may, at its discretion, have your credit transferred to your new account. 

6.6 If you wish to delete the App from your phone and have valid Fuel Shout! credit available, GAS may, at its discretion, transfer the credit to a physical GAS gift card and send the gift card to a nominated New Zealand address that is agreeable to both parties. 

7. Promotions and Discounts

7.1 App users may from time to time be entitled to receive special promotions and discounts. 

7.2 A digital GAS Loyalty Card (the “Card”) will be created when you sign up for the App. Your Card is the property of GAS and you must not copy, reproduce, or otherwise replicate the Card. 

7.3 Where an offer is available to you, it will be applied automatically within the app or once the Card is validly scanned in-store by the applicable Retailer at the premises the fuel was purchased at, provided that you are not in breach of any of these terms and conditions or the terms of the specific promotion. 

7.4 Your Card may only be used at participating Retailers. 

8. Limited warranty

8.1 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.

9. Limitations of remedies

9.1 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.

9.2 GAS is providing the App to you on an ‘as is’ basis and you are using the App at your own risk. To the extent permitted by law, all warranties and conditions whether express, implied or statutory with respect to the App are excluded.

9.3 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 having the App installed on your device, the use or inability to use the App, any damage caused by the App, or in connection with these terms and conditions even if GAS has been advised in advance that such damages may arise.

10. Privacy

10.1 Please refer to the GAS App Privacy Statement (“Privacy Statement”) for the terms on which we will collect, store and use personal information in connection with the App.

10.2 Agreement to the Privacy Statement is a condition of your using the App. By using the App, you confirm your acceptance of the Privacy Statement.

11. General

11.1 GAS may modify, vary or change these terms and/or the terms of the Privacy Statement at any time by posting such modified, varied or changed terms to its website, which 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.

11.2 This licence will be governed by and construed under the laws of New Zealand.

11.3 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.

11.4 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.

11.5 You may not assign, transfer or sublicense this licence except as expressly provided n this licence.

11.6 The ability to download the App from Apple Inc’s App Store, Google Play, or any other app store provider is in no way an endorsement by that provider of GAS, the App or its content.