Mobil app terms and conditions
If you do not agree to these General Terms, you must not access or must stop accessing, the Mobil NZ app.
The Services provided on the Mobil NZ app currently include:
• Mobil Smiles Driver Rewards programme virtual card
• Pay in Car (see clause 8 below)
• Rewards (see clause 9 below)
• Locator (see clause 10 below)
Use of some Services is subject to our approval, at our discretion, and may only be available to eligible customers and only at selected locations.
You will require the most recently released version of Mobil NZ app to have access to all available services, features, promotions and competitions.
You will require an active registered Mobil Smiles Driver Rewards programme account.
Note 1: This NZ Mobil app may only be used by a person who is 16 years old or over. If you are under 16 years old please do not use this App and do not send us any personal data (e.g. your name, age, address or email address).
Note 2: When you use the Mobil NZ app for payment, you will receive a receipt in your email.
1. Mobil may change this agreement
Mobil reserves the right, at its sole discretion, to change, modify, add, or delete portions of these General Terms at any time and without any further notice to you. If we do this, we will post the new, modified version of this Agreement to here and you will also be able to see the updated version in the Mobil NZ app. It is your responsibility to regularly check for changes to this Agreement and to review such changes. Any new features or updated content or applications that we make available as a part of the Mobil NZ app will be subject to this Agreement.
Your use of the Mobil NZ app after any such changes constitutes your acceptance of the new Agreement. In some cases you may be asked to agree to changes when accessing the Mobil NZ app. Your continued use of the Mobil NZ app will be subject to your acceptance to revised terms.
2. Agreement effective until terminated
You may terminate this Agreement at any time by uninstalling the Mobil NZ app. There is no termination fee. Your rights under this Agreement will terminate automatically without notice from Mobil, if you fail to comply with any of the terms or conditions of this Agreement. Upon the termination of this Agreement, you can no longer use the Mobil NZ app. When you terminate or if we terminate, you must pay what is outstanding on your Mobil NZ app.
You understand and agree that some of your User Content may continue to appear on or through the Mobil NZ app or may persist in backup copies for a reasonable period of time even after your account and/or access to the Mobil NZ app is terminated.
3. Changes to the Mobil NZ app
The Mobil NZ app is currently made available to you free of charge only for personal, non-commercial, non-exclusive use. Mobil reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently to:
modify, suspend, terminate, withdraw, or discontinue all or any part of the Mobil NZ app without compensation to you, including, but not limited to
- restricting the time all or any part of the Mobil NZ app is available,
- restricting the amount of permitted use of all or any part of the Mobil NZ app, and
- restricting or terminating any user’s right to use all or any part of the Mobil NZ app; or
- offer opportunities to some or all users of all or any part of the Mobil NZ app. You agree that neither Mobil nor any of our affiliates shall be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Mobil NZ app, in whole or in part, or of any service, content, or feature offered through the Mobil NZ app.
4. Ownership of the Mobil NZ app
The Mobil NZ app (including, without limitation, any material, software, code, files, content, and images contained in or generated by the Mobil NZ app, accompanying data, and other embedded software, including third-party software, Mobil NZ app updates and upgrades, (collectively Mobil Content), — whether in read-only memory, on any other media, or in any other form — is owned by Mobil or its licensors and are protected by applicable law. No title or any intellectual property rights are transferred to you.
- In addition, ESSO, EXXON, EXXONMOBIL, MOBIL, Synergy Fuels Technology, Mobil Smiles Driver Rewards Programme, are marks of Mobil or one of its affiliates. Third party marks displayed on the Mobil NZ app are owned by their respective owners.
- Mobil Content is protected by copyright. No Mobil Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, or distributed except as expressly permitted by this Agreement. Use of Mobil Content in any way or for any purpose other than as permitted in this Agreement is a violation of Mobil’s or an affiliate’s copyrights or other proprietary rights. Permission in writing for all other uses of Mobil Content must be obtained from Mobil in advance. All content, graphics, and other intellectual property rights, in each case, whether registered or unregistered (other than the marks of third parties) and related goodwill are the property of Mobil.
- You understand that you have no rights to the Mobil NZ app, Mobil Content, marks of Mobil, or any other Mobil property except as indicated in this Agreement. Mobil reserves all other rights with respect to its intellectual property.
5. Limited right to use the Mobil NZ app
Solely to enable your use of the Mobil NZ app for non-profit making, non-exclusive purposes, subject to third-party terms (as described below) Mobil hereby grants you a limited, non-exclusive, revocable, non-sub-licensable licence to use the Mobil NZ app as provided in this Agreement. This licence entitles you to install the Mobil NZ app on your Device and to use the Mobil NZ app subject to this Agreement. However, this Agreement does not grant you any rights to use Mobil’s proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Mobil NZ app. Any use of the Mobil NZ app in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Mobil NZ app or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the Mobil NZ app is prohibited.
6. Mobil may collect information about you when you use the Mobil NZ app
While using the Mobil NZ app, Mobil may record information including, but not limited to, your geographic location, Device address, type of Device, your Device’s unique ID, the IP address session start and stop times, network status and information about the way you use the Mobil NZ app (Device Information). Your use of the Mobil NZ app constitutes your consent to allow Mobil to process and record your Device Information.
7. Payment Method
When creating your user account for the Mobil NZ app, you will be given an opportunity to input debit and credit card numbers by loading them into the “Payment method” section of the Mobil NZ app. Providing these details onto the Mobil NZ app constitutes your authorisation of all purchases made from your Device using the Mobil NZ app. Only cards issued by New Zealand or Australian banks may be accepted, but not all debit and credit cards may be accepted.
- Mobil may add alternative payment methods in future. If you use an alternative payment method available you agree to any additional applicable terms and conditions that Mobil notifies to you.
- You can load up to 3 cards in “Payment method”, but you can only have one set as a default card. You may add and delete cards and update certain preferences associated with your default card in the “Payment method” section of the Mobil NZ app.
- Each time you load a card into the Mobil NZ app, you authorise a temporary hold of $1.00 against that card. Mobil is not responsible for, and has no influence over, the time it takes for your bank to release the temporary hold. Please contact your bank if you have any questions.
- You will not be able to use your default card if it has expired, has been reported stolen by your bank or is no longer eligible for use for any reason.
- Mobil will never see nor store the details of your “Payment method” cards. Such details are collected, stored and processed by Mobil’s payment services provider, who processes your purchases when you use the Mobil NZ app. For further information regarding our payment services provider and how it encrypts and processes payment transactions, refer to our call centre – refer Paragraph 9 below.
- If you use a “Payment method” card to purchase Products and Services, you accept a Pre-Authorisation Hold against your default card, or selected card, equal to the value of Products & Services that you select. Please note, the ‘Fill option’ for Pay in Car may vary but the pre-authorisation will be for the value specified on the ‘Maximum fuelling amount’ roundel at time of purchase. If a Pre-Authorisation Hold is not granted for any reason, for example, if the relevant account does not have the funds necessary for the Pre-Authorisation Hold, you will not be able to proceed with the purchase with that selected card and that amount.
- Mobil is not responsible for, and has no influence over, the time it takes for your card issuing bank to release a Pre-Authorisation Hold. Please contact your bank if you have any questions. A Pre-Authorisation Hold will be made each time you authorise payment using your selected card for the purchase of Products and Services. In some cases, this may result in multiple Pre-Authorisation Holds – for example, if you cancel a payment authorisation, or a payment authorisation times out, and you then proceed with another payment authorisation to purchase other Products and Services using your selected card.
- You must cancel all digital instances of your “Payment method” cards registered on your Mobil NZ app account if your device or your card(s) is lost or stolen. You can contact us for help with disabling your Mobil Smiles account – Refer Paragraph 9. THIS IS YOUR RESPONSIBILITY.
8. Pay In Car Mobil NZ app rules
- Pay in Car can only be used to purchase fuel and is only available at some Mobil sites and during the relevant site's usual attended operating hours, unless a Mobil site has chosen to offer this Service outside attended operating hours.
- Some fuel types may not be available for purchase through Pay in Car at some Mobil sites. If fuel is not available for purchase through Pay in Car at a Mobil site, the Pump number will not appear as an option on the Pay in Car page when you use Pay in Car at that Mobil site.
Using Pay in Car
- Pay in Car uses the location services provided by your mobile device's native operating system for the purposes of determining the Mobil site you are at. To use Pay in Car, you must consent to Mobil accessing information about your current location by enabling location services through the permission system used by your mobile device's native operating system.
- You can use Pay in Car to request to purchase and authorise payment for fuel from Mobil, from a specified pump that you identify as the pump that you intend to take your fuel from (Pump number). Approval of your request by Mobil is at Mobil's discretion. Your request will lapse if fuel does not start being dispensed from the Selected Pump within a 'timeout period' that starts when you see the 'Begin fuelling' screen and ends at a time determined by Mobil from time to time (time out period).
You may cancel your request for any reason up until fuel begins to be dispensed at your Pump number (for example, if you become aware that you have identified the incorrect pump for your vehicle), after you see the “Begin fuelling screen”, by either
- Not lifting the nozzle and waiting for time out period to complete, or
- Lifting and replacing the nozzle without dispensing any fuel,
- Note the Pre Authorisation Hold will still occur in either case.
- If you have paid for your fuel using Pay in Car correctly, Pay in Car will confirm 'Thanks for fuelling with us'. If you have completed fuelling your vehicle and do not see this message, and/or you see the error message, then any fuel dispensed to your vehicle will not have been charged to your default card via Pay in Car and accordingly you will not have paid for, and will remain liable for, that fuel. You will need to go in store to pay for the fuel you received or, if you are at an un-manned Mobil site, you will need to call our call centre on 0800 880 361 during normal working hours.
It is your responsibility to ensure that, when you use Pay in Car, you confirm the correct site and select the pump number for the pump that you intend to take your fuel from. If the selected pump number is not the active pump you take your fuel from, the following applies:
- if any person starts pumping fuel from the selected pump number in the time out period, any fuel dispensed will be charged by Mobil to the payment method you authorised for the selected pump number using Pay in Car (i.e. the selected card). If you authorised payment using your selected card, a Pre-Authorisation Hold will also apply;
- any fuel dispensed to your vehicle from the active pump will not be charged to your Mobil NZ app default card via Pay in Car and accordingly you will not have paid for, and will remain liable for, that fuel. You will need to go in store to pay for the fuel you received from the active pump.
- Where your selected pump number is used by another person, and you pay for your active pump fuel in store, we will endeavour to reconcile the amount attributable to the selected pump number charged to your selected card on the Mobil NZ app with the other person. However, Mobil may not be able to, and is not required to, reverse charges that you did not intend to be charged to your selected card, as a result of you entering an incorrect pump number when using Pay in Car or your selected pump number not being hung up correctly after fuelling is complete (see below).
- It is your responsibility to ensure that, when you use Pay in Car, the hose of your selected pump number has been hung up correctly after fuelling is complete. You will know the selected pump number has been hung up correctly when you see the 'Thanks for fuelling with us' screen. If you do not see this screen, you will need to re-hang the hose until that screen appears. If the selected pump number has not been hung up correctly, and any person continues pumping fuel from your selected pump number, any fuel dispensed will be charged by Mobil to your Mobil NZ app selected card.
You agree that you will not use Pay in Car or otherwise use the Mobil NZ app:
- if you are under 16 years of age;
- if you are filling a non-approved container;
- if you are driving or your car is in motion; or
- at any time that you are out of your vehicle and on the Mobil site forecourt.
- You agree that you will comply with the relevant Mobil site safety rules and regulations at all times while using Pay in Car or otherwise using the Mobil NZ app.
- When you use the Mobil NZ app for payment, you will receive a receipt via email.
- Mobil NZ app account holders may be offered promotional discounts and offers in the Rewards section of the Mobil NZ app from time to time. These could include, but are not limited to, instant fuel savings, instant savings on selected shop or carwash products and/or Mobil Smiles points offers.
- Some offers may require a minimum purchase of a specified value and Mobil NZ app members to scan their virtual card in one transaction. Discount amount, purchase requirements and any details for each offer will be displayed in the Mobil NZ app “Reward Details” for the selected reward and/or on the marketing communications sent to specific members.
Some shop or carwash Rewards may be unavailable at some Mobil sites. Please either:
- refer to Locator for services (e.g. barista coffee or touch free carwash sites), and/or
- contact the Mobil site to confirm availability of the shop or carwash product
- Refer to Mobil Smiles Driver Rewards™ programme terms and conditions < link to mobilsmiles.co.nz website> for the generic terms and conditions when we offer instant fuel savings/bonus points offers
- Refer to Rewards “Details” section of the Mobil NZ app for terms and conditions specific to each Reward.
Coffee or Carwash Stamps
To earn a Coffee or Carwash Stamp
- Visit a participating site as found in Locator and approach site staff to order the product.
- Scan your Mobil NZ app virtual card during the purchase of the qualifying product and before payment.
- Confirmation of purchase will appear in your Mobil NZ app
- The Stamp will be added and appear in your Mobil NZ app
- Should you have earned either a “free” coffee or carwash, then your next coffee or carwash (either in your next visit or immediately within the same transaction) purchase will be fully discounted automatically unless exclusions apply which will be stated in the Reward “Details” or other communications.
- Same terms apply to both Coffee and Carwash unless otherwise stated in the Reward “Details” or other communications
- All Mobil NZ app account holders can use Locator to find a participating Mobil site.
- Locator uses the location services provided by your mobile device's native operating system for the purposes of helping you locate a Mobil site. To use Locator you must consent to Mobil and/or the third party service provider, who is providing the location and map services embedded in the Mobil NZ app, accessing information about your current location by enabling location services through the permission system used by your mobile device's native operating system.
- Neither Mobil and/or any third party service provider guarantees that the information displayed through the Locator is correct or up to date.
- Refer to External websites and applications (section 5. External websites and applications) for further terms and conditions.
11. Mobil NZ app rules
1. User accounts:
In order to use certain features of the Mobil NZ app, you must register by providing Mobil with certain User Content, as requested by Mobil, including your name, email address, and a password. Mobil reserves the right to refuse registration or cancel a user name or an account, in its sole discretion. You agree as follows:
2. Safe use of the Mobil NZ app
- I am aged 16 years or over.
- I will create only one account for my own use.
- I will provide accurate, truthful, current, and complete information when creating my account.
- I will not create an account for anyone other than myself.
- I will maintain and promptly update my account information when any of my account information changes.
- I will maintain the security of my account by not sharing my account information with any other person and by using the available mobile device security features.
- I will protect the confidentiality of my password.
- I will not share my password or let anyone else access my account.
- I will not use another person’s account.
- I will not solicit account information from other users or access another user’s account.
- I will not sell, or transfer my account to any other person, and any such purported transfer shall be null and void and I will remain liable for any obligations associated with my account.
- I will take responsibility for all activities that occur on my account and for all User Content (defined below) (including, for example, photos, text, information, ratings, reviews, and links) posted using my account.
- I will immediately notify Mobil in writing of any unauthorised use of my account as soon as I become aware.
- I will contact my payment card company immediately if any unauthorised payments are made using the Mobil NZ app.
- I understand that although Mobil will not be liable for any losses causes by any unauthorised use of my account, I may be liable for the losses of Mobil or others due to the unauthorised access and use of my account.
- I understand that Mobil may disable, suspend, or terminate my use of the Mobil NZ app at any time in its sole discretion and without any notice to me.
- I understand that any violation of this Agreement may result in the termination of my use of the Mobil NZ app but without releasing me from obligations to pay any outstandings in connection therewith.
You agree as follows:
I will comply with this Agreement and I will not misuse the Mobil NZ app. This includes the following:
- I agree not to post or submit any content or link to a website which is illegal, fraudulent, deceptive, misleading, libellous, infringing, harassing, hateful, threatening, abusive, pornographic, or offensive in a sexual, racial, cultural or ethnic context or is otherwise objectionable.
- I will not harass, bully, abuse, threaten, nor intimidate any other Mobil NZ app users.
- I will not use the Mobil NZ app to harm minors in any way nor to encourage interactions with minors of a sexual or exploitive nature.
- I will not use the Mobil NZ app to send unauthorised or unwanted communications to any other person (i.e. I will not “spam” other people).
- I will follow the Mobil NZ app safety guidance provided within the Mobil NZ app and on site signage. I will only use the Mobil NZ app inside my vehicle parked at the pump or within the shop building, and will not use my phone whilst dispensing fuel or walking on the forecourt, which could cause distraction including safety incidents.
- I will not participate in any action that, in Mobil’s sole opinion, results or may result in any authorised user of the Mobil NZ app being scammed or defrauded in any way in connection with such user’s use of the Mobil NZ app.
- I will not use the Mobil NZ app to transmit viruses, worms, bots, Trojans, or other malicious code.
- I will not do anything that could overburden, disable, or impair the appearance, functionality, or proper working of the Mobil NZ app or the Mobil Content or any software, hardware, equipment, or materials used in connection with the Mobil NZ app.
- I will not use or exploit any errors in design, features that have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by Mobil, and I will promptly report to Mobil my discovery of any such errors, features, or bugs.
- I will not hack or spoof the Mobil NZ app including Mobil Content, or modify any other software or website to imply falsely that the other software or website is associated with Mobil or the Mobil NZ app.
- I will not collect user account information or User Content (as defined below), or otherwise access the Mobil NZ app through an automated means (i.e., through bots, robots, spiders, scrapers, etc.).
- I will not collect or store personal information about any other individual using the Mobil NZ app, or otherwise stalk, repeatedly contact, or harass other Mobil NZ app users
- I will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Mobil.
- I will not manipulate the Mobil NZ app so as to hide my identity or my use of the Mobil NZ app.
- I will not violate any laws in my use of the Mobil NZ app, and I will not use the Mobil NZ app to do anything unlawful, misleading, discriminatory, or malicious.
- I will not encourage or facilitate any violations of this Agreement.
We reserve the right in our sole discretion to refuse, delete, suspend, or terminate—without notice—your access to or use of the Mobil NZ app upon a violation or attempted violation of this Agreement, including, without limitation, any of the rules listed above, and;
3. Posting user content
- Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement.
- Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement.
The Mobil NZ app may allow you to enter, post, submit, or link to certain content (including, for example, text, data, software, photographs, images, graphics, files, videos, audio, sound, music, messages, materials, works of authorship, etc.) and provide certain comments, ratings, and reviews for others to see (collectively User Content
). Mobil does not claim any ownership rights in any User Content that you enter, post, submit, provide, or link to on or through the Mobil NZ app. By entering, posting, submitting, providing, or linking to User Content on or through the Mobil NZ app, however, you grant Mobil and Mobil hereby accepts a worldwide, perpetual, irrevocable, non-exclusive, transferrable, sub-licensable, fully-paid up, and royalty free license to use, sell, reproduce, create derivative works from, combine with other works, alter, modify, delete from, add to, translate, distribute copies, display, perform, and publish the User Content and your name in connection with such use of your User Content in any and all media and in any manner, in whole or in part, without any restriction or responsibilities to you. In addition, by entering, posting, submitting, providing, or linking to User Content, you hereby release Mobil from any claims that such use, as authorised above, violates any rights which you may have under applicable law, and you understand that you will not be entitled to any compensation for any use of your User Content. Further, by entering, posting, submitting, providing, or linking to User Content, you hereby represent, warrant, and agree as follows:
4. Mobile device data services
- I own and control all of the rights to the User Content or otherwise have (a) the legal rights to enter, post, submit, provide, or link to the User Content using the Mobil NZ app and (b) the right to grant Mobil the license specified in this Agreement.
- The User Content that I enter, post, submit, provide, or link to does not, and will not, result in a breach of contract between me and any other person.
- I will pay all royalties, fees, and any other monies owing to any person due to any of the User Content that I enter, post, submit, provide, or link to using the Mobil NZ app.
- None of the User Content is subject to confidentiality obligations.
- The User Content that I enter, post, submit, provide, or link to does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person.
- The User Content is truthful, accurate, not misleading, and offered in good faith.
- I am solely responsible for all of the User Content that I enter, post, submit, provide, link to, or otherwise make available in any way by or through the Mobil NZ app.
- I will not post another person’s sensitive identification documents, financial information, or other personal data without that person’s permission which permission Mobil is authorised to assume by virtue of the posting on the Mobil NZ app.
- I will not enter, post, submit, provide, or link to User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual, or any other grounds, is harmful, vulgar, or distasteful, or is defamatory, libellous, or invades another person’s privacy.
- I will not use Mobil’s intellectual property (including, for example, ESSO, EXXON, ESSO and Mobil) without Mobil’s prior permission in writing.
- I understand that Mobil can, in its sole discretion, monitor User Content that I and other users enter, post, submit, provide, or link to using the Mobil NZ app.
- I understand that Mobil can, without notice and in its sole discretion, remove any User Content that Mobil believes is obscene, offensive, libellous, defamatory, or violates the law or any of the terms and conditions of this Agreement.
- I understand that Mobil reserves the right to force forfeiture the username of any account that becomes inactive or any username that , in Mobil’s opinion, violates the trademark or other intellectual property rights of any other person.
- I understand that Mobil can suspend or terminate my use of the Mobil NZ app if Mobil determines that I fail to follow the rules in this Agreement.
The Mobil NZ app requires use of the internet through a mobile signal or wireless internet connection to operate correctly, thus the availability of the Mobil NZ app may be affected by factors beyond Mobil’s control. Mobil does not accept responsibility for unavailability of the Mobil NZ app. Further, the terms of your agreement with your respective mobile network provider apply when using the Mobil NZ app. You may be charged by your mobile provider for access to network connection services for the duration of the connection while accessing the Mobil NZ app. All such charges are your responsibility.
5. External websites and applications
The Mobil NZ app may include link(s) to external websites or applications. When you follow such link(s) the external website or application may appear as a full screen (in which case you may need to use the Device button to return to the Mobil NZ app) or in some cases it may appear within the frame of the Mobil NZ app (in which case you should be able to return to the Mobil NZ app by using the navigation buttons within the Mobil NZ app). These links are provided in order to help you find relevant websites, applications, services and/or products which may be of interest to you. It is your responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for your purposes.
6. Terms Specific to Google-Embedded Applications or Apple-Embedded Applications
1. Terms Specific to Google-Embedded Applications
In addition to the other provisions of this Agreement, the following terms and conditions apply to software applications made available by Mobil that are intended to be operated in connection with products made commercially available by Google LLC (“Google”) via the Google Play Store (each, an “Google-Enabled Application”):
2. Terms Specific to Apple-Embedded Applications:
- You and Mobil acknowledge that this Agreement is concluded between You and Mobil, and not with Google, and Mobil, not Google, is solely responsible for the Google-Enabled Application and the content thereof.
- You may not use the Google-Enabled Application in any manner that violates any of Google’s Terms of Service that may be applicable in the jurisdiction in which the Licensed Application was obtained; Google’s Terms of Service can be found at the following URL: https://play.google.com/intl/en_us/about/play-terms/index.html.
- You acknowledge that you have had an opportunity to review the “Terms of Service” and any other terms and conditions set forth for Licensed Applications in the Google Play Store terms and conditions and any other Google terms and conditions that may be applicable in the jurisdiction in which the Licensed Application was obtained.
In addition to the other provisions of this Agreement, the following terms and conditions apply to software applications made available by Mobil that are intended to be operated in connection with products made commercially available by Apple Inc. (Apple) (each, an Apple-Enabled Application):
- You and Mobil acknowledge that this Agreement is concluded between You and Mobil, and not with Apple, and Mobil, not Apple, is solely responsible for the Apple-Enabled Application and the content thereof.
- You may not use the Apple-Enabled Application in any manner that violates any of Apple’s terms and conditions that may be applicable in the jurisdiction in which the app was obtained; Apple’s terms and conditions can be found here: https://www.apple.com/legal/internet-services/itunes/ww/.
- The license granted to you for the Apple-Enabled Application is limited to a non-transferable license to use the Apple-Enabled Application on any iPhone, iPad, or iPod touch that you own or control as permitted by the Usage Rules set forth in the iTunes Store Terms and Conditions.
- You and Mobil acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Enabled Application.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Mobil’s sole responsibility, to the extent such warranty or responsibility cannot be disclaimed under applicable law.
- You and Mobil acknowledge that Mobil, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Application or your possession and/or use of that the Apple-Enabled Application, including, but not limited to: (a) product liability claims; (b) any claim that the Apple-Enabled Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- You and Mobil acknowledge that, in the event of any third party claim that the Apple-Enabled Application or the end-user’s possession and use of that Apple-Enabled Application infringes that third party’s intellectual property rights, Mobil, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- You represent and warrant that: (a) you are not located in a country that is subject to a government embargo in the jurisdiction in which the Licensed Application was obtained, or that has been designated as a “terrorist supporting” country; and (b) you are not listed on any government list of prohibited or restricted parties.
- You and Mobil acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Application, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Application as a third party beneficiary thereof.
1. Special offers, news and information from Mobil
We may send you, via email, Mobil NZ app notification, standard mail, or other forms of digital and non-digital communications, from time to time, special offers, news and information relating to Mobil generally and the Mobil NZ app unless you opt-out of receiving such communications when you register to use the Mobil NZ app or through the account settings within the Mobil NZ app.
- You expressly acknowledge that use of the Mobil NZ app, provided at no charge, is at your sole risk.
- Mobil hereby disclaims all warranties and conditions, express or implied, with respect to the Mobil NZ app and your downloading and use of the Mobil NZ app. Mobil does not warrant against interference with your enjoyment of the Mobil NZ app, that the operation of the Mobil NZ app will be uninterrupted, or error-free, or that any defects in it will be corrected.
- To the extent not prohibited by law, in no event shall Mobil be liable for personal injury, or any incidental, special, indirect, consequential, or punitive damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, procurement of substitute goods or substitute services, or any other commercial damages or losses, arising out of or related to your use or inability to use the Mobil NZ app, however caused.
- Security of your Mobil NZ app account is very important to Mobil. However, Mobil cannot guarantee that the Mobil NZ app will always be available, fault-free and secure or that it will be free from viruses or other harmful programmes. You acknowledge that you are aware of, and accept this risk, including, without limitation, the risk that a third party may gain access to your Mobil NZ app account which contains personal and confidential information.
4. Limitations on use of the Mobil NZ app
- You understand that you are personally responsible for your use of the Mobil NZ app and for all User Content provided using your account. Accordingly, you agree to indemnify, defend, and hold Mobil and its affiliates and their officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that Mobil may incur in connection with a third-party claim, or otherwise, in relation to your use of the Mobil NZ app, your User Content or your violation of either this Agreement or the rights of any third party.
- Mobil is under no obligation to check that any instruction or confirmation made through your Mobil NZ app account is from you.
Certain Mobil branded service stations in New Zealand may not accept the Mobil NZ app, or some of the Services. For an up-to-date list of Mobil branded service stations that usually accept payment by the Mobil NZ app use the Locator Service. We reserve the right not to accept any use of the Mobil NZ app or otherwise limit use of the Mobil NZ app if we believe that the use is unauthorised, fraudulent, or otherwise unlawful.
and will be updated from time to time and made available in the Mobil NZ app.
6. Security policy
and will be updated from time to time and made available in the Mobil NZ app.
7. Disputes and governing Law
These General Terms are governed by and to be interpreted in accordance with the laws of New Zealand and in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the Mobil NZ app the courts of New Zealand will have non-exclusive jurisdiction over such dispute.
If you have any questions or disagree with anything arising from your use of the Mobil NZ app please contact us – refer para 9.
This Agreement is the entire agreement between you and Mobil. It supersedes and replaces any and all prior agreements between you and Mobil relating to your use of the Mobil NZ app. The failure of Mobil to exercise or enforce any right of this Agreement shall not operate as a waiver of such right. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or unenforceable by a court, that provision is deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions. We can change this Agreement at any time, and your continued use of the Mobil NZ app after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Mobil NZ app or through email communication to the registered account holder.
9. How to contact us
We are delighted that you have chosen to access and use the Mobil NZ app and enjoy the Services it offers.
If you have any questions or concerns about the Mobil NZ app you may contact us at:
Tel: 0800 880 361 (toll free)
Remember to check out the Mobil Smiles website from time to time, in case there have been any changes to this Agreement. In addition keep up to date with the great offers. Check out: www.mobilsmiles.co.nz
And of course, check out the Mobil promotions, competitions, news and stories and let other people know how much you are enjoying the benefits of the Mobil NZ app by posting on the Mobil facebook site: Mobil New Zealand