Gull App Terms & Conditions

GULL NEW ZEALAND LIMITED - APP TERMS AND CONDITIONS

Thank you for downloading and setting up your account on the Gull application (Gull App.)

By downloading, accessing, and using the Gull App, you accept the following terms and conditions (Terms). Please read these Terms carefully as they make a legally binding contract with you (the individual using the Gull App) and us (Gull New Zealand Limited, Company no. 1130963). If you do not agree with these Terms, do not download the software.

If you have any questions about these Terms or the Gull App, please contact Gull New Zealand Limited via our website at https://gull.nz/about-us/contact-us/ or by phone 0800004855 during normal business hours.

  1. Introduction
    1. You agree to comply with Gull New Zealand Limited’s safety rules regarding not using your device in any prohibited areas.
  2. Downloading and signing up to the Gull App
    1. To use the Gull App, you are required to download the Gull App from the Apple App Store or Google Play Store and follow the set-up process outlined in the App. You will need an active internet connection to download the Gull App. Your mobile device will need to use an Operating System version that supports the Gull App.
    2. You are required to provide information that is true, accurate, correct and not misleading.
    3. Gull New Zealand Limited does not provide any guarantee that the Gull App will be compatible and capable for running on your iPhone, iPad, Android device, computer equipment and software. Gull New Zealand Limited does not provide any guarantee that the Gull App will be devoid of technical issues, computer viruses, worms, software bombs, Trojan horses, or similar items. Gull New Zealand Limited is not liable for any loss, corruption of, or damage to data, or viruses, or similar items that may infect your equipment and software due to your use of the Gull App.
  3. Your account
    1. You may only have one Gull App account at any time. You are not permitted to hold multiple accounts. You must own or have permission to use any device you log in from. You are responsible for keeping your devices secure.
    2. When setting up your account, you will need to have an internet enabled, eligible mobile device with a New Zealand mobile number.
    3. The user is responsible for all purchases made and/or authorized through the Gull App.
  4. Using the Gull App
    1. Not all features or services offered through the Gull App will necessarily be available for all users at all Gull New Zealand Limited sites or at all hours of the day and night.
    2. For non-Fuel card transactions, a GST receipt will be issued to your nominated email address and available in the Gull App after every purchase. For a copy of the receipts, please contact Gull New Zealand Limited via our website at https://gull.nz/about-us/contact-us/.
    3. If you’re using the Gull App in an area without Wi-Fi coverage, the terms of your agreement with your mobile network provider remain in effect. Your mobile network provider may impose charges for data usage during Gull App access, as well as other third-party fees such as roaming data charges if you use the App outside your home territory (e.g. region or country) without disabling data roaming.
    4. If you are not the bill payer for the device you are using to access the Gull App, you must have permission from the bill payer to access and use the Gull App.
    5. You are not permitted to use the Gull App while in control of a vehicle in motion or outside your car on the forecourt of a Gull New Zealand Limited site.
    6. When using the Gull App to pay for the purchase of fuel, you must be on Gull New Zealand Limited premises and inside your fully enclosed vehicle and always adhere strictly to any health, safety, and other regulations that Gull New Zealand Limited may establish periodically.
    7. To use the Gull App, you must be over the age of 16.
  5. Passwords
    1. When setting up your Gull App account, you will be required to set up an account password.
    2. You are solely responsible for protecting your passwords and other private user credentials. You are required to notify Gull New Zealand Limited immediately if you become aware of suspected unauthorized use of your user credentials.
  6. Promotions and discounts
    1. Gull New Zealand Limited may, as its sole discretion, from time to time add additional discounts to your Gull App balance or enter you into prize draws. Such discounts and prize draws may be offered as part of promotions and will be subject to the general and specific terms and conditions governing promotions as outlined in clauses 6.2 to 6.4.
    2. Gull New Zealand Limited may from time to time offer promotions through the Gull App which will be governed by the terms applicable to such promotions. However, specific promotions may have additional terms and conditions which will be made available and shall apply to such promotions.
    3. Gull New Zealand Limited reserves the right to amend, suspend or withdraw any promotion, including the general and specific terms and conditions applicable to such promotions, as its sole discretion without prior notice.
    4. Users are encouraged to review the terms and conditions related to each promotion carefully. Participation in any promotion constitutes acceptance of the applicable terms and conditions.
    5. Gull New Zealand Limited may send messages to users via the Gull App called ‘push notifications’. These notifications may include vital details regarding your transactions or system status. They may also provide promotional messages regarding new products, enhancements to the Gull App, or special offers. You have the option to unsubscribe from receiving push notifications at any time through the notification feature in the Gull App menu or by adjusting the notification settings on your phone.
  7. Payment
    1. Pay-In-Car can only be used if you input a valid credit, debit or other payment card details.
    2. Users will be unable to register or continue to use a payment card for Pay-In-Car if the card has expired, been reported stolen by the issuer of the payment card, or it is deemed ineligible for use in the Gull App for any reason.
      1. 7.2.1.If either your payment card or mobile device is lost or stolen, it is your responsibility to immediately cancel all digital occurrences that payment card is registered to. You can also contact Gull New Zealand Limited via our website at https://gull.nz/about-us/contact-us/ for assistance with deleting or cancelling all digital occurrences of your payment card with the Gull App.
      2. 7.2.2.The user recognises that registering your payment card in the Gull App creates a Card Not Present representation of your physical card. Consequently, if your physical card is cancelled or expires while you have a payment card registered for Pay-In-Car, the registered payment card on your account will also be cancelled or expired, rendering this payment method unavailable in the Gull App.
    3. By inputting your card details into the Gull App, they will be provided to Windcave, who securely hold the details in their system. Gull New Zealand Limited will never access or store your payment card details. For further information regarding Windcave and their processes, please visit the Windcave website or contact support@windcave.com for details about the security of your payment card information.
    4. When adding a payment card to the Gull App, you consent to a temporary $1 hold on that card. Gull New Zealand Limited is not liable, nor can it expedite the release of the $1 hold by your bank. For inquiries, please reach out to your bank.
    5. By completing or attempting a payment via the Gull App, you acknowledge your bank may place a temporary hold on your card for the dollar amount you have pre-selected. Gull New Zealand Limited is not liable, nor can it expedite the release of the hold by your bank. For inquiries, please reach out to your bank.
    6. Gull New Zealand Limited may make available alternative payment methods in future. If you use an available alternative payment method, you agree to any additional applicable terms and conditions that Gull New Zealand Limited notifies to you.
    7. It is your responsibility to ensure that when you use Pay-In-Car, you select the correct site and pump number for the pump/dispenser that you intend to take your fuel from.
      1. 7.7.1.It is the user’s responsibility to ensure that the hose of your selected pump has been hung up correctly after fuelling is complete. You’ll be certain the selected pump is properly hung up when the ‘paid’ screen appears. If this screen doesn’t appear, you must re-hang the hose until it does. Failure to properly hang up the selected pump may result in Gull New Zealand Limited charging any fuel dispensed by the pump to the nominated payment card.
  8. Termination
    1. You can delete the Gull App on your mobile device at any time. Upon deletion of your Gull App, login details and other information contained in the Gull App will not be terminated, unless you specifically request us to do so by contacting us via our website at https://gull.nz/about-us/contact-us/ or by phone 0800004855 during normal business hours.
    2. Gull New Zealand Limited reserves the right to suspend or terminate your access to the Gull App for any reason at any time, without notice. Gull New Zealand Limited is not required to provide any reason for termination.
  9. Privacy
    1. In order to access and use the Gull App, you are required to enter certain personal information. Any information you provide us with will be dealt with in accordance with these Terms and our Privacy Policy, which can be assessed at https://gull.nz/about-us/contact-us. By continuing to use the Gull App, you agree to the collection, usage, disclosure, and storage of your personal information in accordance with Gull’s Privacy Policy. Please refer to our Privacy Policy for details of your rights to access and request correction of any of your personal information that we hold.
    2. Subject to and without limiting our Privacy Policy, we may use the personal information you provide to;
      1. 9.2.1.Contact you with information regarding the Gull App
      2. 9.2.2.Monitor your use of the Gull App to help us improve the Gull App
      3. 9.2.3.Detect promotions or other information that might interest you. You will be able to opt out of these notifications on your mobile phone at any time.
    3. Gull New Zealand Limited may employ third party applications, services and software. This may include, but not limited to, payment services, location and mapping services, market analytic software, market intelligence software, and reward program software.
      1. 9.3.1.These third parties may collect and report information about you in relation to your utilisation of the Gull App, such as location data, device details, and user-generated content.
      2. 9.3.2.By accessing and using the Gull App, you consent to Gull New Zealand Limited’s utilisation of such third-party software and services. The Gull App may link or direct you to third-party software or websites for the purpose of facilitating our services to you.
      3. 9.3.3.You agree to any applicable terms of use, licenses, or privacy policies associated with such third-party software and services. It is your responsibility to ensure compliance with any related third-party terms. Failure to adhere to any such terms of use, licenses, or privacy policies will be considered a violation of these Terms.
    4. Subject to the provisions regarding personal information in our Privacy Policy, we cannot guarantee the security of data you input while using the Gull App. Any information you choose to input is at your own risk.
    5. Users need to enable location services in order for the Pay-In-Car and find a station features to work. Your location data may be regarded as personal information and will be collected and handled in accordance with our Privacy Policy. 
  10. Security
    1. Gull New Zealand Limited reserves the right to enforce any security measures it deems necessary for the Gull App at any given time. Additionally, Gull New Zealand Limited may update and implement additional security measures to the Gull App at its discretion, without prior notice.
  11. Liability
    1. All information in the Gull App is intended to be broad in scope. Gull New Zealand Limited tries to ensure that all information provided in the Gull App is correct but cannot always guarantee its accuracy.
    2. Subject to legal limitations, Gull New Zealand Limited bears no responsibility for any actions you take based on provided information, nor for any resulting loss or damage to you or any third party.
    3. To the extent allowed by law, Gull New Zealand Limited is not liable for any direct or indirect loss or damage incurred by you or any third party from using the Gull App or relying on its content. The Gull App is provided ‘as is’ and ‘as available’ without any express or implied warranties. We disclaim all implied conditions or warranties to the fullest extent allowed by law. Gull New Zealand Limited is not responsible for the content, accuracy, or functionality of any third-party links or services in the Gull App.
    4. Gull New Zealand Limited shall not, under any circumstance, be held liable to you for any damages, including but not limited to special, incidental, indirect, or consequential damages, or loss of profit, revenue, or data. This includes damages arising from the installation of the Gull App on your device, the use or inability to use the Gull App, any damage caused by the Gull App, or in connection with these Terms, even if Gull New Zealand Limited has been previously advised of the possibility of such damages.
    5. These Terms are governed by the laws of New Zealand.
  12. Intellectual Property
    1. You are not permitted to copy, distribute, modify, or make derivative works of any or our intellectual property or content, unless given permission by Gull New Zealand Limited.
    2. The Gull App contains material that is protected under copyright and/or other intellectual property rights. This material, and all trademarks are either owned by Gull New Zealand Limited or used by Gull New Zealand Limited under license.
    3. You cannot use the Gull App in breach of any legislation or unlawful act.
  13. General
    1. Gull New Zealand Limited reserves the right to make changes Terms and conditions at any time. Any changes will take effect when they are published on the Gull New Zealand Limited website. By continuing to use the Gull App, you are accepting the latest version of the terms and conditions.
    2. Gull New Zealand Limited may suspend the use of the Gull App at any time due to maintenance or updates at any time. Gull New Zealand Limited may change the format, content, or function of any or all parts of the Gull App at any time, without warning.
    3. Similar to any other online services, we cannot ensure uninterrupted or error-free operation of the Gull App. It is the user’s responsibility to take precautions to avoid losses or costs in the event of interruptions or errors with the Gull App.
      1. 13.3.1.It is your responsibility to always have an alternative method of payment for fuel purchases apart from relying solely on the Gull App, in the case that it becomes unavailable.
    4. Gull New Zealand is not liable for any failure or delay in the performance of our obligations under these Terms arising out of any event or circumstance beyond Gull New Zealand Limited’s reasonable control.

 

These Terms were last updated February 2025.

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