Mobil Smiles Driver Rewards™ programme terms and conditions
What is the Mobil Smiles Driver Rewards programme?
The Mobil Smiles Driver Rewards programme is your chance to earn rewards when you make purchases at participating Mobil Sites.
The Mobil Smiles Driver Rewards programme is owned by Mobil Oil New Zealand Limited. If you hold a Mobil Smiles card or the Mobil NZ app and use it as set out in these Terms and Conditions including the Rules, you will be entitled to earn Mobil Smiles points and redeem Mobil Smiles rewards.
From time to time we may decide to invite or allow other companies to participate in the Programme. If so, we may need to change the Terms and Conditions including the Rules to enable this.
For convenience, in these Terms and Conditions, we will use the word/s:
"Mobil Smiles account" for the account we will create in your name when you register your card.
"Card" to mean the physical Card or alternative physical or virtual or other forms of identifier that may be introduced in the future, as determined by us, you will hold and use to be part of the Mobil Smiles Driver Rewards programme. Reference to a physical Card means the tangible Card we issue to you.
Mobil NZ app to mean the electronic facility made available by us to you upon the Mobil NZ app terms and conditions which, if you wish to use, you will need to agree to and comply with in full.
"Mobil Smiles points" to mean points are awarded to your Mobil Smiles account when you purchase petrol and/or diesel at Mobil Sites and which can be converted to Mobil Smiles rewards or transferred to participant programmes (which may be included from time to time).
"Mobil Smiles rewards" to mean rewards that can be used for discount on petrol and/or diesel or in store items at Mobil Sites.
"Mobil Site" to refer to any Mobil branded service station in New Zealand participating in the Mobil Smiles Driver Rewards programme, and, depending on the context includes the physical premises and/or the operator (whether dealer, agent or otherwise) at that service station.
"Other Card" to refer to any other card or alternative physical or virtual or other forms of identifier (which may or may not have its own name) that may be issued by Mobil as an alternate or supplementary or complementary or additional or affiliated card pursuant to the Programme.
"Programme" as the short form name for the Mobil Smiles Driver Rewards programme.
"Qualifying Purchase" as defined in clause 24.
"Rules" to mean the Rules of membership of the Programme and form part of these Terms and Conditions.
"Terms and Conditions" to mean all aspects relating to registration in, participation in, Rules and application of the Programme as set out in this document. If you use the Mobil NZ app then these Terms and Conditions include the terms and conditions of the Mobil NZ app as well.
"We", "our" and "us" to refer to Mobil Oil New Zealand Limited.
Programme membership is free and there is no fee for your first Card. However as we set out in these Terms and Conditions there may be circumstances in which we ask you to pay a fee for any replacement Card.
To join, either download the Mobil NZ app or register your physical Card online. If you have any queries, please contact Mobil Smiles Customer Service on 0800 880 361 during normal business hours.
When registering, please take note of the following:
You must be aged 16 years or over.
Your registration will need to include your correct name and personal contact details such as your email address, phone number and other information as indicated.
Please advise us of any changes to your personal details by updating your information via the Mobil NZ app or online at www.mobilsmiles.co.nz, or by contacting Mobil Smiles Customer Service. It is your responsibility to keep your details up to date and accurate. If you do not, then we will not be liable for any loss of benefits or other consequences resulting from your details being out of date or inaccurate.
When you register, you have the option to opt-out if you do not wish to receive any communications in relation to being a Programme member, for example promotional and special offers and prize draws. You can change your mind by calling Mobil Smiles Customer Service or by changing your marketing preferences via the Mobil NZ app or online at www.mobilsmiles.co.nz.
Usernames and Passwords. You must ensure that all usernames and passwords required to access your Mobil Smiles account are kept secure and confidential and notify us immediately of any unauthorized use of your username and/or password or any other breach of security. You agree to indemnify and hold us harmless from any claims, actions, costs (including legal costs) or losses by us or any third party due to or arising out of reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your username and/or password.
Your participation in this Programme is conditional upon your acceptance of our collection, use and disclosure of your personal data in accordance with Privacy and Disclosure of information clauses listed as part of our Terms and Conditions. By submitting an application for enrolment in the Programme and/or using your Card, you consent to our collection, use and disclosure of your personal data in accordance with this Clause.
You may at any time terminate your membership by informing Mobil Smiles Customer Service. In such an event, we shall not be responsible or liable for any unredeemed Mobil Smiles points, which shall be automatically forfeited by you without notice, upon such termination by you.
You may access the Programme through the Mobil NZ app on completion of the registration process. Where we use words like ‘swipe’ which obviously apply to a physical Card, it includes corresponding appropriate activation using the Mobil NZ app.
Once you have submitted your registration you will then need to follow the Rules as well as the Terms and Conditions.
You may access the Card through the Mobil NZ app or will be given one physical Card to use for your participation in the Programme.
As soon as you receive your Card from us you may start using it with Qualifying Purchases to be entitled to benefits under the Programme and to earn Mobil Smiles points. Once you have joined the Programme, by completing registration of your Card, then you may also redeem Mobil Smiles points for Mobil Smiles rewards at Mobil Sites.
Your Card allows you to take part in the Programme. However it is not a credit or debit card or purchase card and cannot be used for any other purpose.
We own your physical Card at all times even when it has been issued to you.
14.1 You must return your physical Card to us immediately if we ask you to do so.
14.2 It is your responsibility to keep the physical Card safe and secure and whole and undamaged.
14.3 You must produce your physical Card or return it to us immediately if we ask you to do so.
We may require you to produce your physical Card from time to time, for example, when you are claiming Mobil Smiles discounts or rewards. Should you only have the Mobil NZ app, without the physical Card, refer to the Mobil NZ app terms and conditions.
Lost, Damaged or Defective Card
If you lose your Card or if it is damaged or defective, you must report it immediately to Mobil Smiles Customer Service. You should take all necessary precautions and security measures to ensure the proper and valid use of your Card to prevent loss and damage of the Card, including where you access the Programme through the Mobil NZ app.
If you lose your Card, or if your Card is damaged or defective, we have the sole discretion to decide whether to issue a replacement Card to you and whether to credit it with any Mobil Smiles points that were on your lost, damaged or defective Card. If you have not joined the Programme and therefore your Card is unregistered, we will not be able to transfer your points without your receipts showing qualifying purchases.
We are not liable if you lose any Mobil Smiles points because your Card is lost, damaged or defective.
Other Cards in the Mobil Smiles Driver Rewards programme family
We may from time to time issue Other Cards and may invite you to register for that Other Card.
These Terms and Conditions apply to all Other Cards, unless otherwise stated.
Subject to qualifying criteria as per Programme design as outlined on the Website, you may begin to earn Mobil Smiles points as soon as you use your Card. Once your Card has been registered you may also redeem your Mobil Smiles points for Mobil Smiles rewards at Mobil Sites.
The Rules as well as the Terms and Conditions are on the Website so you should always check these and make sure you are up to date. This is your responsibility. Please note that from time to time we will change these Rules as well as the Terms and Conditions and this will be updated on the Website. We will not advise you directly. The first time you use your Card and each time thereafter, you are deemed to agree that the Rules and Terms and Conditions are as shown on the Website at the time of use.
The Programme is available only at participating Mobil Sites in New Zealand.
Your Mobil Smiles points earned as part of our Programme in New Zealand can only be redeemed for Mobil Smiles rewards in New Zealand.
Mobil Smiles points
Mobil Smiles points shall be awarded to you when you present and swipe a valid Card to the cashier of the Mobil Site for the purchase of items as designated from time to time at our absolute discretion (each a "Qualifying Purchase"). Any purchase other than a Qualifying Purchase shall not be considered as a Qualifying Purchase and shall not be awarded any Mobil Smiles points, unless otherwise notified by us.
Mobil Smiles points will not be awarded to purchases made with Commercial Fleetcard, Ruralco card, RD1 Farmsource Card or Mobilcard.
In a case where a Qualifying Purchase was made but was not recorded as Mobil Smiles points on your Mobil Smiles account, you will need to provide proof of purchase, including receipts, for crediting Mobil Smiles points. We reserve the right to accept or reject such proof at our absolute discretion. Please contact Mobil Smiles Customer Service.
From time to time you may receive communications of our promotional offers. Our promotional offer communication will include the terms & conditions relating to these offers.
We reserve the right to determine, vary or change from time to time the type or quantum of Qualifying Purchases and the corresponding number of Mobil Smiles points awarded, without prior notice or assigning any reasons whatsoever. Changes to the Programme will be updated on the Website. Please also refer to clause 21 above.
Once your Mobil Smiles account is awarded Mobil Smiles points corresponding to the Qualifying Purchase, your Mobil Smiles points balance will be shown on your Mobil Smiles account, or please refer to your Mobil Site receipt.
The Mobil Smiles points awarded to your Mobil Smiles account can be transferred to another registered Mobil Smiles programme member and can be transferred by calling Mobil Smiles Customer Service. Mobil Smiles points have no cash or monetary value.
Mobil Smiles points Expiry
Mobil Smiles points accumulated on your Card do not expire unless you do not make any Qualifying Purchase or earn any Mobil Smiles points within 12 months from the date the last Mobil Smiles points were awarded. If this happens, your Card will be blocked and accumulated Mobil Smiles points will be automatically forfeited without prior notice to you. Please remember that you should always track how many Mobil Smiles points you have available on your Card by checking your Mobil Smiles account on the Programme Website or Mobil NZ app.
Once you have registered your Card and accumulated sufficient Mobil Smiles points, subject to meeting the minimum Mobil Smiles points' requirement as outlined on the Website or Mobil NZ app, you may redeem your Mobil Smiles points for Mobil Smiles rewards by swiping your Card prior to processing for payment. Mobil Smiles points cannot be used for or towards the purchase of tobacco products and are excluded from Mobil Smiles rewards redemption. The minimum Mobil Smiles points needed may change during promotional offers or from time to time. Mobil Smiles points cannot be exchanged for cash and no monetary change will be given on a redemption.
Upon redemption of Mobil Smiles rewards, the Mobil Smiles points recorded on your Mobil Smiles account will be debited by the corresponding number of Mobil Smiles points used.
In the event we introduce online shopping as part of the Programme, this service may be subject to additional online shopping terms and conditions provided by us.
We reserve the right to deduct accumulated Mobil Smiles points from your Mobil Smiles account or refuse the redemption of any Mobil Smiles rewards or to recall such redeemed Mobil Smiles rewards under the following circumstances:
Mobil Smiles points are suspected to be fraudulently recorded or obtained;
any Mobil Smiles points erroneously awarded due to system glitches or any other reasons;
any Mobil Smiles points derived from any transaction, which has been cancelled, voided, refunded or reversed.
On occasions, when you buy petrol and/or diesel at a Mobil Site, we may extend to you a discount for that petrol and/or diesel purchase when you present a valid Card to the cashier, or if using pay at pump, at a Mobil Site. The Card must be presented to either the cashier (in store) or pay at pump (outdoors) during the transaction and before payment is finalized, failing which, no discount will be awarded.
If we extend a discount to you for a petrol and/or diesel purchase when you present a valid Card to the cashier, or if using pay at pump, at a Mobil Site, then you cannot combine this with any other petrol and/or diesel discount voucher or arrangement. However, you will be awarded the larger of the discounts being either the discount available with your Card or the value of the other petrol and/or diesel discount voucher or arrangement.
If the Mobil Reward you choose when you redeem your Mobil Smiles points is a discount on petrol and/or diesel, you can combine this with one other petrol and/or diesel discount offer in the same transaction. So you could redeem your Mobil Smiles points together with a petrol and/or diesel discount available with your Card or you could redeem your Mobil Smiles points together with another petrol and/or diesel discount voucher or arrangement.
The conditions relating to the discount will be on the Website or contained within the Mobil NZ app. We have the right to determine and change from time to time the discount and the terms and conditions relating to it. Please also refer to clause 21 above.
Privacy and Disclosure of information
We may collect personal data and information from you in the registration form or any time thereafter in connection with your participation in the Mobil Smiles Driver Rewards programme. We hold personal information in accordance with our obligations under the Privacy Act 1993.
By joining and participating in our Mobil Smiles Driver Rewards programme, you agree that we may collect, store and use your personal information including transactional data:
To contact you in relation to your Programme membership and provide you with the benefits of being a Programme member and having a Card;
To send you details of special offers, discounts, prize draws, competitions and marketing that may be of interest to you.
For marketing and promotional purposes including by sharing your personal information with related companies, service providers, and other trusted third parties.
Under the Privacy Act 1993 you have the right to access and correct your personal information and can do this by calling Mobil Smiles Customer Service.
We may introduce participants as part of the Programme. Accordingly, we may collect, use and disclose your personal data in the manner and for the purposes set out in any other specific notification issued in connection with these participants, and, upon its issuance, any such notification shall be deemed incorporated into these Terms and Conditions.
The notification in connection with these participants mentioned above will be available on the Website.
We may collect, store, use and disclose your personal data in the manner and for the purposes set out above.
Exclusion of liability
You assume all risk and liability for loss, damage, or injury to the person or property of yourself and others arising out of your participation in the Programme and/or use or possession of the Card and/or use of the Mobil NZ app to access the Programme. To the furthest extent permitted by law, we shall not be liable for any loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) including but not limited to personal injury, death or loss of or damage to property suffered by you arising out of and in connection with your participation in the Programme and/or use or possession of the Card and/or use of the Mobil NZ app to access the Programme unless such loss or damage is caused directly by any wilful misconduct of us.
We are not liable for any loss of accumulated Mobil Smiles points or loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) suffered as a result of any defect or error in any machines or Card or Mobil NZ app or inability to retrieve any information or data from the computer system.
We are not liable for any loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) caused to you arising from any act or omission in respect of any Mobil Site or suppliers to us or any Mobil Site including without limitation, any refusal to honour or accept your Card or any failure (in whole or in part) of the Mobil NZ app as it applies to the Programme or any statement or other communication made in connection herewith or any defective or deficient goods or services supplied. Any dispute or claim you may have in respect of a Mobil Site and/or suppliers to us or any Mobil Site shall not affect your obligations under these Terms and Conditions.
All representations and warranties, whether express or implied and whether arising under any legislation or otherwise, as to the condition, suitability, quality, fitness or safety of any goods and/or services supplied in relation to the Card are expressly excluded to the furthest extent permitted by law.
Without prejudice to any of the Terms and Conditions, any liability we may have to you arising from the use of the Card or the Mobil NZ app as it applies to the Programme or the redemption of Mobil Smiles rewards which cannot be excluded or which is not already provided herein is hereby limited, where permitted by law, to the reinstatement of Mobil Smiles points or cost of Mobil Smiles rewards as we determine in our discretion.
We shall not be liable for any errors, delays, loss or damage, which may be directly or indirectly due to breakdown, failure of machinery or the processor; or industry dispute, war, acts of God, system failure, diminishment or failure of power, telecommunications, data systems, or networks and anything outside of our reasonable control.
We will not be liable for any loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) suffered by you due to the following reasons:
any delay or failure in replacing the Card;
any loss, theft or damage to any Mobil Smiles rewards in the course of delivery or post;
any failure by the Mobil Smiles rewards supplier to abide by the terms and conditions on which it has agreed to provide the Mobil Smiles rewards;
any statement, communication or implication arising from any revocation, suspension or restriction of the use of the Card or the Mobil NZ app in respect of the Programme;
use of third party products, applications or services, including digital wallets; and
any failure or omission of you to refer to the Website for any changes in the Terms and Conditions of the Programme, participating companies, Qualifying Purchases and Mobil Smiles points awarded for Qualifying Purchases. Please refer to clause 21 above.
Claim or Dispute
Any claims or disputes relating to the Programme or the use of the Card shall be referred directly to us for decision. If there is a claim or dispute relating to the Programme arising from your use of the Mobil NZ app you must, if requested by us, produce your Card to us. Our decision shall be final and binding on you and our records of all matters relating to the Programme shall be conclusive and binding except in case of clear error.
We reserve the right to withdraw or terminate the Programme at any time without assigning any reasons. Notification will be on the Website. Please refer to clause 21 above.
Upon notification of the withdrawal or termination, you will have one month from the date of the notification or such period as we state in the notice, to redeem accumulated Mobil Smiles points for available Mobil Smiles rewards. Upon expiry of the notice, the Mobil Smiles points remaining in the your Mobil Smiles account shall be nullified and invalidated and we shall have no obligation or liability in respect of the Mobil Smiles points, by way of compensation or otherwise, to you and you will have no further claim whatsoever against us.
Non participating sites
The following site is not currently participating in the Mobil Smiles programme:
Mike Teasdale Motors, Dunedin, Otago
Notwithstanding anything in these Terms and Conditions, Mobil's rights and entitlement under the Programme's Terms and Conditions (as amended from time to time) shall continue to remain in full force and effect and shall survive any cancellation, revocation, termination or suspension of the Programme,the use of the Mobil NZ app in respect of the Programme, the use of the Card or your participation in the Programme.
In the event any of the Terms and Conditions are found to be invalid or unenforceable, whether by law or regulations or otherwise, such invalid or unenforceable provision shall be severed from the Terms and Conditions and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the other Terms and Conditions which shall remain in full force and effect.