Terms & Conditions
Effective from: 1 October 2019
1. Our contract with you
1.1 These Terms will apply to any Order we accept from you via the App, including any Order that is changed under clause 4. If you choose not to accept these Terms (by ticking the acceptance box when you set up your account), you will not be able to place an Order.
1.2 We may change the Terms from time to time and it is the current version which will apply to each Order when you place it. We will notify you of changes to the Terms by email or alternatively you will be asked to accept the new terms when you place your next Order.
1.3 Please read these Terms carefully and make sure that you understand them before placing an Order. The Terms restrict our liability to you in certain circumstances. Please see clause 11. Please note any Orders without a Voucher code and which have a value of less than $30 will be charged $30 as a minimum.
1.4 If you need to contact Us at any time about an Order, you may do so as set out in clause 10.
2.1 The following definitions apply in these Terms:
App: means the Fill mobile phone and/or web application.
Event Outside Our Control: means any occurrence or circumstances over which We have no control as described in clause 13.2 and including (without limitation) the unavailability of any Service Provider, key personnel or key materials without which We are unable to provide the Services.
Order: means your order for the Services submitted via the App.
Services: means the supply and delivery of fuel to your vehicle during the Session at the location nominated by you.
Service Providers: means any third party with which we contract in order to assist us in providing the Services.
Session: means the session nominated by you as set out in Our email or notification via the App accepting your Order.
Terms: means these terms and conditions as amended from time to time.
Vouchers: means vouchers for Our Services of a monetary value.
Website: means www.fill.co.nz.
We/Our/Us: means Fill Limited (company number 6528434).
2.2 When we use the words “writing” or “written” in these Terms, this will include e-mail correspondence and notifications via the App.
2.3 Headings and subheadings have been inserted in these Terms for convenience only and will not affect the interpretation of these Terms.
3. Placing an Order
3.1 Please ensure that you check the details of your Order before submitting it as We will not be liable to you for any errors you make. For example, please check carefully that you correctly identify the fuel type for your vehicle – diesel or petrol, and the location. If you think that you may have made a mistake, you can make changes up until the start of your Session. Alternatively, please contact Us as set out in clause 10. Changes are also dealt with under clause 4.
3.2 Submission of an Order does not create a contract between us. The contract arises when We send you an email or notification via the App confirming acceptance of your Order. The email or notification will include your billing information.
3.3 If for any reason We are unable to fulfil your Order, We will let you know by email or notification via the App.
4.Changes to your Order
4.1 You may make changes to your Order at any time before your Session commences by contacting our Customer Care at email@example.com.
4.2 Where changes are made to an Order, We will re-issue the Order confirmation to you via email or a notification via the App.
5.0 Cancelling your Order
5.1 You may cancel your Order in the following circumstances:
5.1.1 at any time before your Session commences via the App; or
5.1.2 at any time up to four hours before your Session commences by contacting our Customer Care team at firstname.lastname@example.org.
5.2 Failing to make your vehicle available to be filled during the Session will incur a $5 charge.
6. Our rights to cancel your Order
6.1 We may cancel your Order and the contract between you and Us in the following circumstances:
6.1.1 as a result of an Event Outside Our Control; or
6.1.2 if We consider that We are not able to safely fill your vehicle including due to the location of your vehicle, your vehicle has been moved, or the fuel cap has not been popped.
6.2 If we cancel your Order we will contact you by phone, email or notification via the App.
7. Re- scheduling
7.1 Subject to clause 13, We will use reasonable endeavours to perform the Services specified in the Order but we cannot guarantee to do so. We will use reasonable endeavours to communicate any delay to you by phone, email or notification via the App.
7.2 If We are not available to perform the Services, We will contact you by phone, or email and notification to re-schedule delivery at your convenience.
8. Service standards
8.1 We will provide the Services with reasonable care and skill in accordance with good industry practice.
8.2 We will not be liable for any delay or non-performance of our Services where you have failed to provide accurate information in your Order, for example (and without limitation) if an address is incomplete or inaccurate, you fail to pop your fuel cap, or your vehicle is not at your nominated address.
8.3 We may contact you by phone or email if we consider it necessary to perform the Services, including, but not limited to:
8.3.1 locate your vehicle;
8.3.2 pop your fuel cap; or
8.3.3 move your vehicle.
9. Your obligations
9.1 Please ensure that your vehicle is parked in a location which allows us to safely access your vehicle. Note that if your vehicle is parked on the road We may not be able to safely access your vehicle.
9.2 Pop your fuel cap! If you don’t pop your fuel cap, we won’t be able to fill your vehicle. You may wish to partially close your fuel cap so that it is not obviously open.
10. If there is a problem with the services
10.1 If there is any problem with the Services please contact our Customer Care team by email at email@example.com as detailed on the App and tell Us as soon as reasonably possible.
10.2 If you have a complaint about the Services, we will deal with it in accordance with these service terms.
10.3 Complaints should be notified to Us within 24 hours of delivery.
11. Price and payment
11.1 We will notify you by email or notification via the App of the fuel price for the Services before your Session commences.
11.2 Our prices include GST.
11.3 Upon placing an Order we capture your payment but we do not directly charge your card, although some banks will show it as a recent transaction. We process payments following completing your Order and will send you an email or notification via the App.
11.4 We will take payment from the debit or credit card of which details were supplied with your Order or direct debit. If for any reason we are unable to take payment you will become liable to Us for the sum due plus interest at the rate 3% a year above the base lending rate of Our bank at that time. Interest will accrue on a daily basis from due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
11.5 We reserve the right to apply a minimum payment of up to $30.00 to any orders for less than $30.00 plus any delivery fee. For more information about this minimum payment, please contact firstname.lastname@example.org
12. Our liability to you
12.1 Subject to these Terms, we will compensate you for loss or damage which is due to Our negligence.
12.2 We have no liability to you for any special, indirect or consequential loss including (without limitation) loss of profit, loss of business, business interruption, or loss of business opportunity.
13. Events Outside Our Control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
13.2 An Event Outside Our Control means any act or event beyond Our reasonable control, or the reasonable control of any of our Service Providers including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or closure or failure of public infrastructure or public or private telecommunications networks.
13.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
13.3.1 We will contact you as soon as reasonably possible to notify you; and
13.3.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; or
13.3.3 You may cancel your Order under clause 5.1 or We may cancel it under clause 6.1.
14. Information about us and how to contact us
14.1 If you have any questions or if you have any complaints, please contact Us. You can contact Us by e-mailing Us at email@example.com, or sending a request via the App.
14.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail at firstname.lastname@example.org. We will confirm receipt of this notice by email. If We have to contact you or give you notice in writing, We will do so by notification via the App or by email to the address you provide to Us in the Order.
15. How we may use your personal information
15.1 We will use the personal information you provide to Us to:
15.1.1 provide the Services;
15.1.2 process your payment for the Services; and
15.1.3 inform you about similar products or services that We provide, unless you indicate that you do not wish to receive such communications by clicking the ‘Unsubscribe’ link at the bottom of any Fill promotional email communication.
15.2 We will not give your personal data to any third party other than any Service Providers.
16. Vouchers and promotions
16.1 Vouchers are subject to expiry dates and value for particular promotions.
16.2 These Terms apply to all Fill Vouchers.
16.3 Vouchers cannot be used in conjunction with any other Fill Voucher or any other offer.
16.4 Only one Voucher or code may be used per transaction.
16.5 Vouchers are strictly non-transferable and have no cash value. Placing a Voucher for sale to another person or entity is strictly prohibited and renders the Voucher void.
16.6 We reserve the right to reject a Voucher on reasonable grounds
16.7 We reserves the right to withdraw this offer at any time and without warning
16.8 To redeem a Voucher you must present the code found on the Voucher when you make your order.
16.9 The minimum order value for orders using a Voucher code is $30 or as otherwise specified.
16.10 Once activated, Vouchers must be used within 30 days.
17.1 If you refer a friend using the referral code created in the app, we will give you a $10 Fill Voucher to use on your next order. The referred friend will also receive a $10 Fill Voucher
17.2 All referral Vouchers have an expiry period of 30 days from the date that they are issued.
17.3 To benefit from the referral offer, you (the existing customer) must use the referral code created in the app
17.4 You will only receive their referral Voucher once the referred friend has completed a transaction and the order payment has been processed successfully. Voucher codes will be issued by email.
17.5 The minimum order value for orders using a referral Voucher code or a referral reward Voucher code is $30.
17.6 Referral Vouchers cannot be used in conjunction with any other customer offer or promotion.
18. Other important terms
18.1 We may transfer Our rights and obligations under these Terms to another organisation, and will notify you in writing if this happens, however, this will not affect your rights or Our obligations under these Terms.
18.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
18.3 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
18.4 These Terms are governed by New Zealand law and will be subject to the exclusive jurisdiction of the New Zealand courts.
19. Delivery Charge
19.1 We reserve the right to charge a delivery fee on all orders. We will advertise the current delivery fee. You will otherwise be advised of the delivery fee before you confirm your ordered. We will notify you by email or notification via the App of the delivery fee along with the fuel price before your Session commences. You will not be charged a delivery fee without prior notification.
19.2 The delivery charge will be added to your order total when you place an order.
19.3 If an Order is cancelled, you will not be charged the delivery fee.
19.4 The delivery fee is additional to the minimum spend.
19.5 Any marketing Voucher will still apply to the total order value, including the delivery fee.
20. Fill Digital Gift Cards
20.1 Digital gift cards cannot be redeemed for cash or returned for cash refund.
20.2 Fill accepts no responsibility for digital gift cards after purchase. Please make sure you enter the correct recipient email address.
20.3 We are not responsible for any loss or damage resulting from lost or stolen digital cards or cards used without your permission.
20.4 Any amount not used from the digital gift card cannot be redeemed on another order.
20.5 These Terms and conditions will not affect your statutory rights.
20.6 Digital gift cards cannot be used in conjunction with any other Fill Voucher or any other offer.
20.7 Placing a digital gift card for sale is strictly prohibited and renders the gift card void.
20.8 Only one digital gift card or code may be used per transaction.
20.9 All digital gift cards are subject to a one year expiry from the day of purchase.
21.1 You shall not be permitted to assign or transfer any of your rights or obligations under these Terms without Our prior written consent. We shall be entitled (in Our sole discretion) to assign and transfer any of Our rights or obligations under these Terms, and your consent shall not be required for any such assignment or transfer.
22.1 We will not be deemed to have waived any right under these Terms unless the waiver is given in writing by Us.
23. Entire Agreement
23.1 These Terms constitute the entire agreement and understanding between you and Us relating to the matters dealt with in these Terms and supersedes and extinguishes any previous agreement (whether oral or written) between you and Us in relation to such matters. Nothing in this clause 23.1 operates to limit or exclude any liability for fraud.
24. Rights and Remedies
24.1 Unless otherwise expressly provided in these Terms, the rights and remedies set out in these Terms are in addition to, and not in limitation of, any other rights and remedies under or relating to these Terms (whether at law or in equity), and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.