Terms and Conditions of NPD Application

1. By downloading, accessing and using the NPD Application (App), you agree to be bound by these terms and conditions.

Definitions

2. In these terms and conditions the following words have the meaning set out below:

“App” means the NPD application;

“Retail” means a manned site (i.e. which ordinarily has employees present) and may have a café, shop or convenience store;

“Self-Serve” refers to fuel sites that are unmanned, meaning, there are ordinarily no staff or employees on site and the site has no operating café, shop or convenience store. You ordinarily fill up your own vehicle at a Self-Serve;

“We”, “us”, “our” and NPD refers to NPD Limited and its related companies;

“You”, “your” and “user” refers to any person who downloads, accesses or uses the App.

Your obligations when visiting an NPD Site

3. You must follow all safety instructions and signs posted at the station.
4. Your safety is paramount. It is prohibited to engage in any actions that could endanger yourself or others, including smoking, using a mobile phone, or engaging in any disruptive or illegal behaviour.
5. You must not fuel your vehicle while the ignition is on or while it is moving.
6. You must ensure that any container you use for filling is approved for use with the fuel you are dispensing.
7. You are responsible for ensuring that you select the correct type of fuel for your vehicle. We are not responsible for any damages caused by improper fuelling.
8. Please report any issues or spills to us as soon as possible using the contact details provided at the payment terminal.

Pay at the pump

9. In order to use pay at the pump feature of the App you must set up a Payment Method using the App. By setting up a payment method you agree to our third-party payment service provider holding your credit card information.
10. We accept the following methods of payment: Visa, Master Card
11. When using the Pay at the Pump feature you will be asked to input the fuel site, pump number, grade and maximum amount you wish to authorise. You are responsible for imputing the correct information and we will not be liable where you have entered the incorrect information. You should only input this information once you are parked at the pump.
12. Our system will then initiate a pre-authorisation with your bank for the amount you have authorised. The pre-authorisation is a temporary hold on your bank funds. You acknowledge and accept that the pre-authorisation is not instantaneous and may take some time to be released (particularly where your card is with an overseas bank). Attempting to make multiple payments may result in multiple holds on your funds.
13. You will be charged for the quantity of fuel you dispense.
14. Prices stated in the App are in New Zealand dollars and include GST and applicable taxes.
15. Not all sites accept pay at the pump. Details of the sites which accept pay at the pump are noted in the App.

Offers and discounts

16. From time to time, NPD may run discounts and offers through the App. Discounts and offers in the App may be better than the standard retail price offered on the price pylon.
17. Fuel offers are only available at sites that accept the pay at the pump feature of the App and can only be redeemed when paying through the pay at the pump feature. Details of what sites accept pay at the pump is available in the App.
18. Shop offers are only available at Retail sites during business hours and require our staff to scan the QR code from the App. Shop offers cannot be redeemed at Self-Serve Sites.
19. An offer or discount is only available for the dates specified in the offer and cannot be used after it has expired.
20. An offer or discounted fuel is available whilst stock is available at each site. Fuel may be unavailable at a site due to site issues or operational challenges.
21. The date, timing and duration of offers and discounts are decided by NPD as deemed appropriate.
22. Discounts, offers or promotions cannot be combined or used in conjunction with any other active discounts, existing offers, and promotions.

Intellectual property

23. All contents, features and functionality of the application, code, designs, graphics, text data and trade marks are the property of NPD or its licensors. And are protected by intellectual property laws.
24. We grant you a limited, non-exclusive, non-transferable, and revocable license to use the App solely for personal or internal business purposes in accordance with these Terms and Conditions. This license does not grant you any ownership rights in the App or any intellectual property contained therein.
25. You may not:
    1. Copy, modify, distribute, sell, lease, or create derivative works based on the App or any part of it;
    2. Reverse engineer, decompile, or disassemble the App;
    3. Remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed on the App.
26. The name “NPD”, its logo, and other related marks are trademarks or registered trademarks of NPD Limited. You may not use these trademarks without prior written consent from NPD Limited.
27. If the App includes any third-party content, such content is subject to the intellectual property rights of the third-party providers. You agree to comply with all applicable terms and conditions related to such third-party content.

The App

28. You expressly agree not to use this App in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:
    1. use the App for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
    2. use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the App or any data or content found on or accessed through the App without prior express written consent;
    3. obtain or attempt to obtain through any means any materials or information on the App that have not been intentionally made publicly available either by their public display on the App or through their accessibility by a visible link on the App;
    4. in any way bypass or circumvent any other measure employed to limit or prevent access to the App or its content;
    5. violate the security of the App or attempt to gain unauthorized access to the App, data, materials, information, computer systems or networks connected to any server associated with this App, through hacking, password mining or any other means;
    6. interfere or attempt to interfere with the proper working of the App or any activities conducted on or through the App, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the App; or
    7. take or attempt any action that, in the sole discretion of this App’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the App or such operation’s infrastructure.
29. The App may contain links to third party applications, websites or content. We are not responsible for the content, products or services of these third party applications, websites or content.
30. NPD cannot guarantee the continuous or uninterrupted availability of the App. NPD reserves the right to limit access to the App or specific areas or features thereof as necessary, including but not limited, due to instances of capacity constraints, security or server integrity concerns, or during maintenance activities aimed at ensuring the proper functioning or improvement of the App.

Keeping your account secure

31. You are responsible for keeping your account secure and maintaining the confidentiality of any password. You are responsible for any purchases made from your account.
32. You agree to immediately notify us if you become aware of any unauthorized access or suspicious activity on your account. We are not responsible for any losses or damages resulting from unauthorized access to your account that occurs due to your failure to secure your smart phone or computer.

Liability

33. To the fullest extent permitted by law, we will not be liable to you for any loss, damage, or expense arising directly or indirectly out of your use of the fuel station or App including as a result of or in connection with:
    1. Your incorrect selection of a fuel station, type of fuel or pump;
    2. Your failure to ensure your vehicle is properly maintained and suitable for refuelling;
    3. Your failure to keep your account secure;
    4. The unavailability of fuel at a site due to site issues or operational challenges;
    5. Any delay in the release of the pre-authorisation;
    6. Any defects, errors, bugs, or malfunctions in the App;
    7. Any viruses in the App originating from you;
    8. Any changes, interruption, suspension, or termination of service provided by the App;
    9. Your unauthorised use of the App;
    10. Your failure to properly follow instructions and signs at a fuel station; or
    11. Your breach of these terms and conditions.
34. To the fullest extent permitted by law, we shall not be liable to you for any loss of business, loss of income, loss of profit, loss of revenue, or any consequential, incidental, special, or indirect damages of any kind arising out of or in connection with this agreement.

Privacy statement

35. At NPD we are committed to protecting your privacy. This Privacy Statement outlines how we collect, use, and protect your personal information in accordance with New Zealand’s Privacy Act 2020. You can find our full privacy policy in the App.
36. We may collect personal information, such as your name, email address, usage data, location data, preferences, payment information and vehicle information when you use our software application or interact with us.
37. We use the information we collect to provide, improve, and personalize our services, process transactions, communicate with you, improve the functionality and security of the App and comply with legal obligations.
38. We take reasonable steps to protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the internet is completely secure, and we cannot guarantee absolute security.
39. We do not share your personal information with third parties, except as required by law or as necessary to provide our services (e.g., with trusted service providers).
40. You have the right to access, correct, or request the deletion of your personal information. To exercise these rights, please contact us at:

NPD Limited

13 McPherson Street, Richmond 7050, New Zealand.

Or email us at info@npd.co.nz.

41. By using our services, you consent to the collection and use of your personal information as described in these Terms and Conditions.

Variation

42. We may modify, update or change these terms and conditions at any time without notice. The most current version of our terms and conditions will be displayed in the App. Any such changes will be effective immediately upon being posted on the App.

General

43. We reserve the right to suspend or lock your account if we suspect any unauthorized use or violation of these terms. You may be required to take corrective actions to restore access to your account.
44. You may not assign, transfer, or sublicense your rights or obligations under these Terms and Conditions or your account to the App to any third party without our prior written consent. We reserve the right to assign or transfer our rights and obligations under these Terms and Conditions to any third party at our discretion.
45. These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.
46. If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable while reflecting the original intent of the parties.
47. These Terms and Conditions, along with any other documents referenced herein, constitute the entire agreement between you and NPD regarding the use of the App.