1. Meanings
1.1 The Waitomo mobile application which can be downloaded via Google Play or the App Store.
1.2 Your smart phone and / or tablet you use to download the app.
1.3 Making purchases at Waitomo Fuel Stops via the app. Payment is processed using the linked payment card, or Waitomo Moolah or both.
1.4 The card used to make payment for in-app purchases linked to your account. Cards that may be linked include Visa and MasterCard.
1.5 A Waitomo THANK YOU! – When you reach the spend threshold using in-app payments, you unlock the opportunity to scratch and win.
1.6 A Waitomo THANK YOU! – When you spend $20 or more in a single in-app transaction, you’ll unlock the opportunity to spin and win.
1.7 Dollars that can be spent on your next in-app purchase at a Waitomo Fuel Stop. Waitomo Moolah can be:
– Gifted to you from a whanau or family member, when they purchase Waitomo Moolah for you as an e-gift card. You can purchase, gift and redeem these e-gift cards, all within the app.
– Earned as a koha, rewards or prizes from Waitomo, when you make a purchase at a Waitomo Fuel Stop using the app.
2. Welcome
2.1 Kia ora – welcome to Waitomo’s app (app). Ngā mihi (thanks) for downloading and creating an account/registering on the app, provided by Kiwi Transactions Limited (Waitomo, we, us, our).
2.2 By downloading or using the app, the terms and conditions set out or referred to below (Terms and Conditions, Terms) will automatically apply to you in relation to services provided on the app (Services) now, and in the future, for use within New Zealand. By registering on the app, you confirm that you have read, understood, and agree to be bound by these Terms.
2.3 You will be asked to agree to these Terms to complete the registration. From time to time, Waitomo may update these Terms. We will notify you via the inbox of the app when this happens. These changes are effective immediately after they are posted on this page. If you do not agree to these Terms, you must not use or access the app.
2.4 The Services are available at Waitomo Fuel Stops subject to our sole discretion, and include:
- Making payment for goods using a payment card.
- Waitomo mihi (thanks), with a chance to ‘SPIN to win’ and ‘SCRATCH to win’.
- Purchasing, gifting and redeeming Waitomo e-gift cards (Waitomo Moolah)
- Receiving special offers, deals, and content from Waitomo.
2.5 The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms.
3. Essential contacts
3.2 Alternatively, you can email us direct at app@waitomogroup.co.nz ; or
3.3 Call us on 0800 922 123.
4. Registration and personal information
4.1 To register, you will need to have a New Zealand mobile number.
4.2 You will need to download the app from Google Play or the App Store.
4.3 You will be prompted to register your name (first and last), mobile number and email. You will be prompted to register your name (first and last), mobile number and email.
4.4 You will be asked for a PIN number. Every time you reload the app you will be asked to enter your PIN. Follow the instructions if you have forgotten your PIN.
4.5 You have the chance to read the Terms and Conditions of use and our privacy policy. You will need to agree to these if you choose to use the app. Note this app is for users who are aged 17 years or over, and by agreeing to the Terms and Conditions you are agreeing that you are aged 17 years or older.
4.6 We will send a verification code to your registered mobile number, which you need to enter into the app to complete the registration process.
4.7 You can update your personal details at any time by going to the ‘About me – Profile details’ from the app menu.
4.8 If you change your mobile number within the app, all details of your personal information held by us (including your linked payment card) will be transferred to your new number.
4.9 You can remove the app from your mobile device at any time by deleting the payment card linked and then deleting the app from your device. If you would like us to remove your registered details from our database, please contact us via the ‘Contact us’ section of the app, emailing us at app@waitomogroup.co.nz or call us on 0800 922 123.
4.10 You must ensure the information you provide when registering and using the app is accurate and current, and not misleading.
4.11 You must notify Waitomo immediately if you are aware your app account has been compromised. This includes your device being lost or stolen, or unauthorised access to your device and the app.
4.12 The app processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. Your submission of personal information through the app is governed by our Privacy Policy. You can view our Privacy Policy here.
4.13 You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
5. Using the app
5.1 Your safety is our top priority, so when you are at a Waitomo Fuel Stop, you may only use your device, including the app, from inside your stationary vehicle. You must not use your mobile device while driving or outside your car on the forecourt.
5.2 Making a payment in-app involves linking a payment card to the app. In line with your credit card terms and conditions, a pre-authorisation will be held against your card. After the transaction is completed, your bank will release the hold.
If you select ‘fill’, the default value of the pre-authorisation is $150. Otherwise the pre-authorisation value will be for the ‘own amount’ you select.
5.3 All prices for goods and services promoted or otherwise available within the app are in New Zealand dollars.
5.4 As a mihi (thanks) from Waitomo, when you unlock a ‘SPIN to win’ or ‘SCRATCH to win’ you could win Waitomo Moolah which is redeemable at participating Waitomo Fuel Stops in exchange for goods and services, with 1 Waitomo Moolah having equivalent value to 1 New Zealand dollar. Waitomo Moolah cannot be exchanged for New Zealand dollars directly, and is used to discount Waitomo products.
5.5 Waitomo want you to have an enjoyable experience when using our app. Certain functions of the app will require the app to have an active internet connection. The connection can be wi-fi, or provided by your mobile network provider. Waitomo cannot take responsibility for the app not working at full functionality if you don’t have access to wi-fi, or you don’t have any of your data allowance left.
5.6 If you’re using the app outside of an area with wi-fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. By using the app, you’re accepting responsibility for any such 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.
5.7 If you are not the bill payer for the device you’re using to access the app, please be aware that we assume that you have received permission from the bill payer for using the app.
5.8 Apple Inc. is not a sponsor or involved in the promotions, competitions, contents, sweepstakes, raffles or other activities of this app. The ability to download the app from Apple Inc’s App Store is in no way an endorsement by Apple Inc. of Waitomo, the app or its content.
The app and the Services are a sales promotion scheme as that term is defined in the Gambling Act 2003, and are a permitted activity. No actual money is spent by any users of the app, and the prizes, Waitomo Moolah and other offers under the app are not redeemable for cash and do not offer real money as rewards.
6. Waitomo SPIN to win
6.1 We’re proud to be Kiwis fueling Kiwis like you. We know you have a choice about where to fill up, so as a mihi (thanks) from the Waitomo Team for your support, we wanted to add a little sparkle to your day and offer you the opportunity to SPIN to win.
6.2 Purchase $20 or more via an in-app single transaction and unlock the opportunity to SPIN to win. Activate the spinning wheel for your chance to win a prize.
6.3 Land on the image of a ‘fuel pump’ or a ‘Kiwi’ and you’re a winner.
6.4 Prizes of Waitomo Moolah will be automatically added to your Waitomo Moolah wallet in the app, and will be auto-redeemed on your next in-app purchase at a Waitomo Fuel Stop.
6.5 From time to time, we will run ‘second chance draws’, where you will have the opportunity to win a lucky draw prize. More details will be provided in the ‘What’s up at Waitomo?’ section of the app, at the time.
7. Waitomo SCRATCH to win
7.1 We’re proud to be Kiwis fueling Kiwis like you. We know you have a choice about where to fill up, so we like it when our customers keeping returning. As a mihi (thanks) from the Waitomo team we want to reward our most regular customers with an additional treat, by offering the opportunity to SCRATCH to win.
7.2 Purchase $150, $300 and $450 via in-app purchases within a calendar month and unlock the opportunity for three SCRATCH to wins.
7.3 You can track your progress towards unlocking a SCRATCH to win on the home screen of the app. From time to time, Waitomo may change the minimum spend value to unlock the SCRATCH to win.
7.4 Your in-app spending will reset back to zero at the end of each calendar month.
7.5 Prizes of Waitomo Moolah will be automatically added to your Waitomo Moolah wallet in the app, and will be auto-redeemed on your next in-app purchase at a Waitomo Fuel Stop.
7.6 From time to time, we will run ‘second chance draws’, where you will have the opportunity to win a lucky draw prize. More details will be provided in the ‘What’s up at Waitomo?’ section of the app, at the time.
8. Waitomo vouchers
8.1 From time to time, Waitomo may issues vouchers via the app. These will appear in the voucher section of the app.
8.2 Vouchers will have an expiry date, which will be noted on the voucher. When vouchers expire they will no longer be visible in the app.
8.3 Some vouchers (e.g., for Waitomo Moolah) can be redeemed within the app. In this case, the voucher will be automatically applied to your next in-app purchase. Other vouchers (e.g., for a prize such as tickets) can be redeemed by following the instructions in the voucher. Available vouchers will appear in the ‘Home’ menu of the app under ‘My vouchers’. Simply follow the instructions in the voucher tile to redeem your prize.
9. Gifting Waitomo Moolah (via e-gift card)
9.1 Waitomo Moolah can be gifted to a whanau or family member via an e-gift cards. You can purchase, gift and redeem these e-gift cards, all within the app.
9.2 Any registered user can purchase Waitomo Moolah in the app. Pay with your payment card and gift to mates and whanau by selecting them from the contacts in your device.
9.3 Waitomo Moolah can be gifted to any New Zealand mobile number (where the recipient registers in the app following notification).
9.4 Waitomo Moolah can be purchased in any $10 denomination from $20 to $100.
9.5 Lucky recipients of Waitomo Moolah will be notified to their device. If they have already downloaded and registered in the app, the Waitomo Moolah will be added to their wallet. Otherwise they will receive a SMS, with a link to download the app. Once registered, the Waitomo Moolah will be added to their wallet.
9.6 Lucky recipients can receive as many Waitomo Moolah gifts as their mates and whanau would like to gift them. The balance is added to the recipient’s Waitomo Moolah wallet.
9.7 Redeem your Waitomo Moolah, by making an in app-purchase at any of the Waitomo Fuel Stops. Waitomo Moolah will be auto-redeemed first and then any outstanding balance still owed will be charged to your linked payment card.
9.8 You don’t need to link a payment card to redeem your Waitomo Moolah. In this case, in-app purchases can be processed up to the available balance of the Waitomo Moolah wallet. In some cases, pumps require a minimum purchase of 2 Litres.
9.9 Your Waitomo Moolah balance can be viewed at any time on the home page of the app.
9.10 Waitomo Moolah will never expire as long as you’ve used your app for to make an in-app purchase at a Waitomo Fuel Stop within the last 12 months. In the unlikely situation that we terminate the app, Waitomo will, at its complete discretion, either allow you to continue to redeem your Waitomo Moolah until the balance is used, or will refund the remaining balance.
9.11 In circumstances of suspected fraud or misuse, Waitomo, at its sole discretion, can choose to suspend or cancel Waitomo Moolah without notice.
9.12 Waitomo Moolah is non-refundable. However, if you have made a mistake when purchasing Waitomo Moolah for mates and whanau, give us a call on 0800 922 123 and if the gifted Waitomo Moolah has not been partially or fully redeemed, we will get it sorted for you.
10. Intellectual property
10.1 The Waitomo app itself, and all the trade marks, copyright, and other intellectual property rights related to it, belong to Waitomo. Waitomo is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app at any time and for any reason.
10.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the app through which the Services are provided, without express written permission by us.
11. Returns, refunds and disputes
11.1 Waitomo commits to meeting its obligations under the Consumer Guarantees Act. If you are unhappy with any Services provided via the app, we encourage you to let us know, via the ‘Help’ menu of the app, or by contacting app@waitomogroup.co.nz.
12. Accuracy, completeness and timeliness of information
12.1 Waitomo accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on the functionality of, or information contained within, the app. When you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you.
13. Modifications to the Service
13.1 At some point, we may wish to update the app. The app is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app.
13.2 Waitomo does not promise that it will always update the app so that it is relevant to you and/or works with the Android and iOS version that you have installed on your device. However, you promise to always accept updates to the app when offered to you, if you wish to continue to receive the Services.
13.3 We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these Terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
13.4 We reserve the right to refuse service to anyone for any reason at any time. Waitomo is not required to provide any documentation, support, telephone assistance, enhancements or updates to the app.
14. User comments, feedback and other submissions
14.1 If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
14.2 We are, and shall be, under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
14.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
14.4 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right.
14.5 You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any malware that could in any way affect the operation of the Service or any related app.
14.6 You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.
14.7 You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
15. Prohibited uses
15.1 In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the app or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
16. Third-party links
16.1 Certain content, products and services available via our Services may include materials from third parties.
16.2 Third-party links on this app may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
16.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
17. Disclaimer of warranties, limitation of liability
17.1 We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
17.2 You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) to the extent permitted by law, provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
17.3 In no case shall Waitomo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the service, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
18. Indemnification
18.1 You agree to indemnify, defend and hold harmless Waitomo, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
19. Severability
19.1 In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
20. Termination
20.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms and Conditions for all purposes.
20.2 These Terms and Conditions are effective unless and until terminated by either you or us.
20.3 You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our app. You will forego any Waitomo Moolah balance or vouchers linked to your app account from the time of notification.
20.4 If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may terminate the Services (or any part thereof) at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
21. Entire agreement
21.1 The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
21.2 These Terms and Conditions and any policies or operating rules posted by us on this app or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
22. Governing law
22.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand.