1.1 Z Energy Limited and its subsidiaries (us, we, our) operates a customer loyalty programme known as “Pumped” (Pumped Programme).
1.2 By participating in the Pumped Programme you agree to be bound by these Terms and Conditions, as they may be updated from time to time.
1.3 Capitalised words used in these Terms and Conditions have the meaning given to them in paragraph 20.
2. PARTICIPATING IN THE PUMPED PROGRAMME
2.1 Subject to paragraphs 2.2 - 2.4, to be eligible to participate in the Pumped Programme you must:
(a) be a member of the Fly Buys programme or be a Secondary Cardholder under the Fly Buys programme, and have a Fly Buys card, a New World Clubcard linked to a Fly Buys membership, or the Fly Buys mobile application (Fly Buys Account);
(b) be a member of the Airpoints programme and have an Airpoints card, a New World Clubcard linked to an Airpoints membership, or the Airpoints mobile application (Airpoints Account);
2.2 You can also access your Fly Buys Account and/or Airpoints Account through the Z App and/or Caltex App, by adding a Card to the Z App or Caltex App (as applicable).
2.3 If you are using a Fly Buys card or an Airpoints card to participate in the Pumped Programme, to participate in Stacking you must also have registered your Airpoints card with Air New Zealand or your Fly Buys card with Loyalty New Zealand.
2.4 If you are using a New World Clubcard to participate in the Pumped Programme, to participate in Stacking you must have registered your New World Clubcard with Foodstuffs, and, as part of that registration process, linked a registered Fly Buys card or a registered Airpoints card to your New World Clubcard.
2.5 If you use an App to participate in the Pumped Programme, there are no additional registration requirements to participate in Stacking.
3. ACCESSING THE PUMPED PROGRAMME
3.1 The Pumped Programme is available at all Z retail service stations (list available here) and at participating Caltex retail service stations (list available here, by selecting ‘accepts Pumped’) (Participating Service Stations)
4.1 The following conditions apply when you Use any Pumped Balance (whether that Pumped Balance includes a Stacked Balance or is the Daily Discount only):
(a) your Pumped Balance is valid for use on any fuel purchase, in a single transaction(eg one Vehicle or tank). If a single transaction involves the purchase of multiple Fuel purchases, we will automatically Use the Pumped Balance against the Fuel type with the largest volume;
(b) your Pumped Balance is valid for use for a Fuel purchase of up to 50 litres. If you make a Fuel purchase of over 50 litres in a single transaction, you will pay the advertised pump price for all litres above 50 litres that you purchase in the same transaction;
(c) you can Use only one Pumped Balance per transaction. If you have multiple Pumped Balances (associated with different Accounts) you cannot Use more than one of those Pumped Balances in the same transaction; and
(d) if you Use a Pumped Balance you must Use the full amount of the Pumped Balance.
5. DAILY DISCOUNT
7. STACKING THE DAILY DISCOUNT
7.1 To save a Daily Discount for later use (“Stack”) you need to:
(a) make a Fuel purchase with a value (being advertised pump price multiplied by volume) equal to or greater than $40;
(b) present your Card (that has been registered in accordance with paragraph 2.3 or 2.4) or App at the counter or at the pay at pump terminal (if available); and
(c) if paying at the counter, tell the customer services representative that you’d like to Stack your Daily Discount or, if paying at pump, select ‘Stack’ on screen.
7.2 You cannot partially Stack a Daily Discount. For example, you cannot Stack half of a Daily Discount and Use the other half.
7.3 A Stacked Daily Discount (Stacked Discount) will expire on the last day of the month following the month in which it is accumulated. For example, if you purchase Fuel on 10 May, meet the requirements for Stacking and choose to Stack your Daily Discount, that Stacked Discount will expire on 30 June.
8. BONUS STACKED DISCOUNTS
8.1 From time to time, as part of a promotion, or for any other reason, we may add an additional Stacked Discount to one or more of your Accounts (Bonus Stacked Discount). A Bonus Stacked Discount will be treated as a standard Stacked Discount for the purpose of these Terms and Conditions, except to the extent that we advise you that there are terms and conditions for the Bonus Stacked Discount that apply in addition to or instead of any of these Terms and Conditions.
9. YOUR STACKED BALANCE
9.1 Each Daily Discount you Stack will be added to the other Daily Discounts you have Stacked using the same Account. The total of your Stacked Discounts for a particular Account is called your “Stacked Balance”.
9.2 If you use different Accounts to Stack Daily Discounts, you will have a separate Stacked Balance associated with each Account. You may not transfer a Stacked Discount from one Account to another Account.
9.3 Subject to you complying with these Terms and Conditions, there is no limit to how many Daily Discounts you can Stack.
10. VIEWING YOUR PUMPED BALANCE
10.1 On the Z App and the Caltex App, you can view your Stacked Balance, together with the current Daily Discount (together the Pumped Balance) and the expiry date of the Daily Discounts that you have Stacked.
10.2 After you Stack a Daily Discount, it may take some time for that Daily Discount to appear in the Z App or Caltex App as part of a Stacked Balance.
10.3 We can also tell you your Pumped Balance and the expiry date of your Stacked Daily Discounts if you inquire at the counter of a Participating Service Station or call our customer service centre (for details see paragraph 15).
11. USING YOUR STACKED BALANCE
How to Use your Stacked Balance
11.1 To Use the Stacked Balance for an Account to save on Fuel you need to:
(a) present at the counter or at the pay at pump terminal (if available) the Card or App linked to the Account that has the Stacked Balance you would like to Use; and
(b) before paying for Fuel, if paying at the counter tell the customer services representative that you’d like to Use your Stacked Balance or, if paying at pump, select ‘Use’ on screen.
11.2 There is no minimum spend requirement to Use your Stacked Balance.
11.3 If you Use a Stacked Balance for an Account, the price per litre you will pay for Fuel is:
(a) the advertised pump price less the Pumped Balance (being your Stacked Balance plus the Daily discount) for the first 50 litres; and
(b) the advertised pump price for all litres purchased in excess of 50 litres.
After Using a Stacked Balance
11.4 After you have Used the Stacked Balance associated with an Account, the Stacked Balance (if any) associated with the Account will be zero. That is the case even if the Pumped Balance associated with the Account was greater than the advertised pump price of Fuel when you Used the Stacked Balance.
When you must Use your Stacked Balance
11.5 If at a Participating Service Station you present a Card or an App linked to an Account that has a Stacked Balance, to access the Daily Discount you must either:
(a) Stack the Daily Discount to that Account (if you are eligible for stacking under paragraph 7); or
(b) Use the entire Pumped Balance associated with that Account.
11.6 If you are not eligible to Stack the Daily Discount and you present a Card or an App linked to an account that has a Stacked Balance, the entire Pumped Amount (including the Stacked Balance associated with that amount) will automatically be Used.
12. FLY BUYS AND AIRPOINTS
12.1 Participants who access the Pumped Programme may also be eligible to collect Fly Buys points or Airpoints Dollars™. For more information about collecting Fly Buys points or Airpoints Dollars at Z and Caltex service stations please see the Fly Buys Collection Terms and Conditions and the Airpoints Collection Terms and Conditions, both of which can be found on our website:
(a) For the Fly Buys Collection Terms and Conditions see https://caltex.co.nz/promotions/flybuys.
(b) For Airpoints Collection Terms and Conditions see https://caltex.co.nz/promotions/airpoints.
(a) For the terms and conditions that apply to membership of the Fly Buys loyalty programme see flybuys.co.nz/Pages/site/terms_and_conditions.
(b) For the terms and conditions that apply to membership of the Airpoints loyalty programme, see airnewzealand.co.nz/airpoints-terms-and-conditions.
(c) For the terms and conditions that apply to membership of the New World Clubcard loyalty programme, see clubcard.co.nz/newworld/en/clubterms.
13. GENERAL CONDITIONS
13.1 Only you can use the Card or App associated with an Account to access the Pumped Programme. You must not share Cards, membership numbers or logon details with anyone else. Daily Discounts Stacked by third parties may be cancelled by us at our sole discretion.
13.2 The Pumped Programme cannot be used in conjunction with any other form of discount or promotion (unless provided for in that promotion’s Terms and Conditions). If you use a Fuelup voucher and present a Card or App during the same qualifying Fuel purchase, your Fuel discount will be determined by the Fuelup voucher only.
13.3 The Pumped Programme does not apply to Fastlane customers using the Fastlane service at any Fastlane site.
13.4 You are not eligible to participate in the Pumped Programme if you make a Fuel purchase using a fuel card.
15. CUSTOMER QUERIES AND DISPUTES
15.1 If you have a question about the Pumped Programme, please:
(a) visit our website at https://caltex.co.nz/promotions/pumped;
(b) ask in store at a Participating Service Station; or
(c) contact our call centre by calling 0800 474 355.
15.2 If you have a complaint or dispute (Dispute) relating to the Pumped Programme you must notify us within 5 Business Days of the Dispute arising, by contacting our call centre on 0800 474 355 or using the using ‘contact us’ page on our website - https://caltex.co.nz/contact-us/. Any decision we make in relation to a Dispute that you raise with us will be final and binding.
16. INTELLECTUAL PROPERTY
16.1 These Terms and Conditions do not transfer to you any right, title or interest in or to any Intellectual Property in the Pumped Programme. You must not use for your own purposes, copy, modify, adapt, or otherwise deal with any of our Intellectual Property.
17. LIMITATION OF LIABILITY
17.1 Except for any rights you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986, all warranties or representations of any kind, whether express or implied and whether arising under legislation or otherwise, in relation to the Pumped Programme, are expressly excluded to the fullest extent permitted by law.
17.2 To the fullest extent permitted by law, we will not be responsible to you, or liable, for:
(a) any failure by you to present a Card or App at the time required by these Terms and Conditions;
(b) any mistake made by you in selecting whether to Stack a Daily Discount or Use a Pumped Balance;
(c) unauthorised use of a Card or unauthorised use of a device containing an App;
(d) error, misstatement or omission in any information provided to you in relation to the Pumped Programme, including on any Website, by a customer services representative at a Participating Service Station, by our call centre, or otherwise;
(e) any loss suffered by you arising out of the suspension or termination of your right to participate in the Pumped Programme and/or the termination of the Pumped Programme as a whole;
(f) loss of profit, loss of anticipated profit or revenue, or any indirect or consequential loss arising out of or in connection with the Pumped Programme, howsoever caused; or
(g) the loss of any Stacked Discount that is used by a third party, cancelled or otherwise not available for use by you, including as a result of the loss or theft of a Card or a device containing an App.
17.3 We do not guarantee the provision of a continuous or fault free service in relation to the Pumped Programme. Without limitation, we are not responsible or liable for any technical malfunction, communications or network failure, lost, delayed, incomplete or corrupted data, or any other interruption (including as a result of us carrying out updates and improvements) that prevents or affects the operation and/or fulfilment of this Pumped Programme.
17.4 To the extent we are liable to you, our liability will be limited to the value of the Stacked Discounts you have accumulated at the time of the event giving rise to our liability.
18. OUR RIGHTS, TERMINATION AND AMENDMENT
18.1 To the extent permitted by law, we may:
(a) refuse you the ability to participate in the Pumped Programme;
(b) cancel all or some of your Stacked Discounts if we believe that you are in breach of these Terms and Conditions, or suspect that there has been fraud or misuse of an Account;
(c) suspend or terminate your participation in the Pumped Programme, for any reason, at any time and without notice; and/or
(d) Terminate, modify or suspend the Pumped Programme at any time, for any reason, and without prior notice.
18.3 We may amend these Terms and Conditions at any time for any reason without prior notice. Amendments may include changes that reduce the value of Pumped Programme to you. Such changes could include a change to the eligible Cards and Apps that can be used to access the Pumped Programme, reductions in the value of the Daily Discounts and in the period of time that Stacked Balances can be used before they expire. Any updated Terms and Conditions will be available at https://caltex.co.nz/promotions/pumpedtandcs.
19.1 No failure to exercise nor any delay in exercising any right, power or remedy by us operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on us unless made in writing.
19.2 Should any part of these Terms and Conditions be invalid or unenforceable, to the extent that any term or part of a term of these Terms and Conditions would be valid or enforceable under the law if that term was read down, then that term must be read down to the minimum extent necessary to achieve that result. If that term cannot be read down, then that term may be severed from these Terms and Conditions and the remaining terms or parts of the term of these Terms and Conditions continue in force.
19.3 We may at any time assign any of our rights or transfer by novation any of our rights and obligations under these Terms and Conditions to any person or combination of persons.
19.4 You must not assign, transfer, sell or encumber your rights under these Terms and Conditions.
19.5 These Terms and Conditions are governed by the laws of New Zealand, and each party submits to the exclusive jurisdiction of the courts of New Zealand.
20.1 In this Agreement the following terms have the stated meaning, except where the context requires otherwise.
Account has the meaning given to it in paragraph 2.1.
Air New Zealand means Air New Zealand Limited.
Airpoints Account has the meaning given to it in paragraph 2.1(b).
App means the Fly Buys mobile application, the Airpoints mobile application, the New World mobile application, the Z App or the Caltex App, in each case installed on a device and in working condition.
Caltex App means the Caltex mobile application.
Card means a Fly Buys card, an Airpoints card or a New World Clubcard, in each case in a working condition.
Daily Discount has the meaning given to it in paragraph 5.1.
Foodstuffs means Foodstuffs (N.Z.) Limited.
Fuel means all grades of petrol and diesel (including Biodiesel) offered for sale at a Participating Service Station.
Fly Buys Account has the meaning given to it in paragraph 2.1(a).
Intellectual Property means any patent, trademark, service mark, copyright, moral rights, right in a design, know-how and all or any other intellectual or industrial property rights whether or not registered and “Intellectual Property Rights" has a corresponding meaning.
Loyalty New Zealand means Loyalty New Zealand Limited.
Participating Service Station has the meaning given to it in paragraph 3.1.
Personal Information has the meaning given to that term in the Privacy Act 1993.
Pumped Balance has the meaning given to it in paragraph 10.1.
Pumped Programme has the meaning given to it in paragraph 1.1.
Secondary Cardholder has the meaning given to it in the Fly Buys programme Terms and Conditions, located at flybuys.co.nz/Pages/site/terms_and_conditions.
Stack has the meaning given to it in paragraph 7.1 and Stacked and Stacking have corresponding meanings.
Stacked Balance has the meaning given to it in paragraph 9.1.
Stacked Discount has the meaning given to it in paragraph 7.2.
Terms and Conditions means these terms and conditions, as amended from time to time.
Use means using the Pumped Balance for an Account to save on Fuel.
(c) airnewzealand.co.nz; and/or
and any additional or replacement website that relates to the same subject matter.
(a) in relation to a Fly Buys Account, the Fly Buys member or Supplementary Cardholder associated with that Account;
(b) in relation to an Airpoints Account, the Airpoints member associated with that Account;
(c) in relation to a Z App Account, the person who registered to use the Z App associated with that Account; and
(d) in relation to a Caltex App Account, the person who registered to use the Caltex App associated with that Account.
Z App means the Z Energy mobile application.
20.2 In this Agreement unless the context otherwise requires:
(a) any word importing the singular includes the plural and vice versa;
(b) Any word importing any gender includes any other gender;
(c) the words “include”, “includes” and “including” are to be construed without limitation;
(d) any word importing a person includes companies, other corporations and any body of persons (whether incorporated or unincorporated);
(e) any reference to a person includes the legal personal representatives, successors, and permitted assigns of that person;
(f) headings are for convenience only and shall not form part of this Agreement;
(g) any reference to any statute or regulation is a reference to that statute or regulation as amended or replaced from time to time;
(h) any reference to dollars or cents is a reference to New Zealand dollars or New Zealand cents; and
(i) any reference to a month is a reference to a calendar month.