Please read carefully – use of the AA Smartfuel programme means that you agree to these terms and conditions.
Last updated: 15 February 2013
Important info – some key things you should know about AA Smartfuel. These support the full terms and conditions detailed on this page:
If you have a free AA Smartfuel card, you must register this before fuel discounts can be redeemed (AA Membership cards are already registered for AA Smartfuel).
AA Smartfuel discounts must be redeemed by the end of the following calendar month e.g. a fuel discount dated 1 through 31 March will expire on 30 April.
You can redeem your accumulated AA Smartfuel discounts once on up to 50 litres of fuel. Keep in mind that your account balance will return to zero after each redemption, so it pays to fuel up with as close to 50 litres as you can to maximise your savings.
Please contact us if you have any questions.
- AA Smartfuel Card and AA Smartfuel Account
- The Services
- Earning AA Smartfuel Discounts
- Redeeming AA Smartfuel Discounts
- Usernames and Passwords
- AA Smartfuel Account Balances
- Loss of AA Smartfuel Discounts
- Termination and Suspension of Services
- Intellectual Property
1. These Terms and Conditions govern the AA Smartfuel Programme and the related Services and Equipment we provide to you.
2. Your use of the Services confirms your agreement to these Terms and Conditions as varied from time to time. Each of you, your Additional Cardholders, us and the Participating Enterprises must comply with these Terms and Conditions.
3. In these terms and conditions:
(a) “AA Member” means, at any time, a person holding a valid non-refundable membership of The New Zealand Automobile Association (Incorporated) and whose membership is based on a personal or individual affiliation to The New Zealand Automobile Association (Incorporated);
(b) “AA Membership Card” means a card issued by The New Zealand Automobile Association (Incorporated) to its members, which card can be used as an AA Smartfuel Card;
(c) “AA Smartfuel Account” has the meaning given to that term in clause 15;
(d) “AA Smartfuel Account Holder” means a person who has a validly activated Primary AA Smartfuel Card;
(e) “AA Smartfuel Application” means an application to acquire an AA Smartfuel Card;
(f) “AA Smartfuel Card” means the card via which AA Smartfuel Discounts can be earned and redeemed and includes your Primary AA Smartfuel Card (if you are an AA Member, being your AA Membership Card), any linked Additional Cards and any Replacement Cards added to your AA Smartfuel Account pursuant to clause 21;
(g) “AA Smartfuel Discount” means the discount rewards (inclusive of goods and services tax) which can be earned at the Participating Reward Providers and redeemed at Participating Redemption Parties;
(h) “AA Smartfuel Programme” means the reward programme enabling customers of Participating Reward Providers to earn discount rewards for goods and services acquired from such Participating Reward Providers and redeem such rewards in accordance with these Terms and Conditions;
(i) “Additional Card” has the meaning given to that term in clause 15 and includes any AA Membership Card which is linked to another person’s Primary AA Smartfuel Card under clause 16;
(j) “Additional Cardholder” has the meaning given to that term in clause 15;
(k) “Business Day” means any day of the week (other than Saturday, Sunday or a public holiday observed in our principal place of business in New Zealand);
(l) “Equipment” means your AA Smartfuel Cards and any documentation provided to you by us;
(m) “Expiry Date” has the meaning given to that term in clause 43;
(n) “Fuel” means any petroleum product (including motor spirit, diesel, biofuel and biofuel blends, but excluding bottled LPG) available for sale at a Participating Enterprise. The Fuel products for which AA Smartfuel Discounts can be earned and/or redeemed may or may not include automotive LPG at the election of the relevant Participating Enterprise and as agreed with us;
(o) “Intellectual Property” means all industrial and intellectual property rights, title and interests (including statutory, equitable and common law rights and interests) in any jurisdiction, whether registered or not, including any applications or rights to apply to register the same;
(p) “Participating Enterprise” means a Participating Reward Provider and/or a Participating Redemption Party (as the case may be);
(q) “Participating Redemption Party” means a person who has agreed to redeem AA Smartfuel Discounts pursuant to the AA Smartfuel Programme;
(r) “Participating Reward Provider” means a goods and services provider who has agreed to enable its customers to earn AA Smartfuel Discounts through the purchase of goods and services it provides;
(s) “Primary AA Smartfuel Card” has the meaning given to that term in clause 14;
(u) “Qualifying Goods and Services” has the meaning given to that term in clause 28;
(v) “Qualifying Spend” has the meaning given to that term in clause 28;
(w) “Replacement Card” has the meaning given to that term in clause 21;
(x) “Services” means the AA Smartfuel Discount services we provide to you in relation to the AA Smartfuel Programme (including any competitions, incentives and promotions we may choose to run);
(z) “We” and “our” mean AA Smartfuel Limited together with any related body corporate or associate of AA Smartfuel Limited (including any shareholder, director, officer, employee, agent or contractor of or to AA Smartfuel Limited or that related body corporate or associate);
(aa) “Website” means our website at www.AAsmartfuel.co.nz;
(bb) “Website Terms” means the Website Terms and Conditions as set out on the Website from time to time; and
(cc) “you” and “your” means the individual AA Smartfuel Account Holder, and includes any Additional Cardholder in relation to the use of the Services.
4. In these Terms and Conditions:
(a) references to you fulfilling an obligation include you procuring your Additional Cardholders or any other relevant third party fulfil such obligation;
(b) whenever “include” or any form of that word is used, it must be construed as if it were followed by “(without being limited to)”;
(c) references to money or money’s worth are to New Zealand currency;
(d) references to a “month” mean a calendar month;
(e) references to “person” or “persons” includes an individual, body corporate, an association of persons (whether corporate or not), a trust and any other entity (in each case, whether or not having separate legal personality);
(f) references to “written” or “in writing” includes any means of reproducing words, figures or symbols in legible form;
(g) headings are for convenience only and will be ignored in construing any matter relating to these Terms and Conditions;
(h) references to clauses are to clauses of these Terms and Conditions;
(i) the singular includes the plural and vice versa; and
(j) reference to any legislation includes all regulations under that legislation and any amendments or successor legislation enacted.
5. To participate in the AA Smartfuel Programme and establish an AA Smartfuel Account, you must either:
(a) Obtain an AA Smartfuel application brochure and an AA Smartfuel Card from a Participating Reward Provider and complete the AA Smartfuel application form on-line or in hard copy; or
(b) be an AA Member.
6. Only individuals may participate in the AA Smartfuel Programme, establish an AA Smartfuel Account and use the Services. You may not transfer your AA Smartfuel Account to another individual or maintain more than one AA Smartfuel Account with us.
7. Your AA Smartfuel Account, AA Smartfuel Card and use of the Services is free of charge and, except to the extent set out in these Terms and Conditions, neither we, nor any Participating Enterprise, may charge you in relation to your participation in the AA Smartfuel Programme.
8. You warrant that:
(a) all information provided to us in your AA Smartfuel Application or any application for any Additional Card is true, complete and correct in all respects; and
You must notify us immediately of any change in any of the details submitted with an application.
9. Using another person’s name or other contact details may be fraudulent and we reserve the right to inform law enforcement authorities and to pursue civil remedies for misuse of your AA Smartfuel Account, AA Smartfuel Card, any of our Equipment or the Website.
12. We may refuse any application to participate in the AA Smartfuel Programme in our absolute discretion.
13. Any tax arising from your participation in the AA Smartfuel Programme is solely your responsibility.
14. Each AA Smartfuel Account Holder will have an AA Smartfuel Card (Primary AA Smartfuel Card). If you are an AA Member, this will be your AA Membership Card.
15. You may apply on-line for up to three (3) additional AA Smartfuel Cards (each being an Additional Card), each for use by any individual you may select (Additional Cardholder), and we, in our sole discretion, may agree to accept or decline any such application. Additional Cards granted by us will be linked to your individual account for the AA Smartfuel Programme (AA Smartfuel Account) and your Primary AA Smartfuel Card. This will enable you and your Additional Cardholders to pool the AA Smartfuel Discounts earned. AA Smartfuel Discounts earned by each of you and your Additional Cardholders will be added to the balance of AA Smartfuel Discounts in your AA Smartfuel Account and may be redeemed from that balance by you or your Additional Cardholders via the Primary AA Smartfuel Card or any Additional Card(s).
16. An AA Member may also link their AA Membership Card (on the terms of clause 15 as if it were an Additional Card) to the Primary AA Smartfuel Card and AA Smartfuel Account of another individual. Such AA Member will then be a Additional Cardholder for the purposes of these Terms and Conditions. To link your AA Membership Card, visit www.AAsmartfuel.co.nz/link or call 0800 500 444.
17. Additional Cards may be unlinked from an AA Smartfuel Account by application online by the relevant AA Smartfuel Account Holder or Additional Cardholder. Any Additional Card that has been unlinked will be de-activated from the AA Smartfuel Programme.
18. An AA Member or an Additional Cardholder’s use of the Services will be taken as confirming his or her:
(a) agreement to be bound by these Terms and Conditions, as applicable to such use, and in the case of the Additional Cardholder as if he or she was you; and
You also agree to procure that each of your Additional Cardholders observes the provisions of these Terms and Conditions, as applicable to such use, as if he or she was you. However, our obligations in relation to your participation in the AA Smartfuel Programme remain owed to you alone as the AA Smartfuel Account Holder.
19. AA Smartfuel Cards may only be used in the AA Smartfuel Programme by you and your Additional Cardholders. Any AA Smartfuel Discounts otherwise earned by a third party are invalid and may be cancelled.
20. Each AA Smartfuel Card, together with all information contained on such cards, remains our property and must not be copied or reproduced.
21. If an AA Smartfuel Card is lost or stolen you must immediately de-activate your use of the relevant AA Smartfuel Card on-line, or otherwise notify us so that we can do so. To replace the lost or stolen AA Smartfuel Card, you need to:
(a) obtain a new AA Smartfuel Card from a Participating Reward Provider; and
(b) apply to add that AA Smartfuel Card’s number to your AA Smartfuel Account as a Replacement Card (Replacement Card) on-line or otherwise notify us so that we can do so.
22. We are not responsible for any loss of AA Smartfuel Discounts arising in relation to a lost or stolen AA Smartfuel Card and accordingly we cannot guarantee that all AA Smartfuel Discounts earned prior to the date of loss or theft of the card will be available for use on your Replacement Card.
23. Subject to clauses 21 and 22, the balance of AA Smartfuel Discounts in your AA Smartfuel Account (whether in credit or in debit) prior to the date of activation of the Replacement Card will remain on your AA Smartfuel Account and be available for use on that Replacement Card.
24. (a) Subject to clauses 24(b) and 24(c), your AA Smartfuel Card will be activated upon our acceptance of your AA Smartfuel Application.
(b) Where we have an email address or mobile number, we will notify you of our acceptance of your AA Smartfuel Application by email or text; and, in the case of email notification, we will require you to reply to confirm that your email address is correct, prior to activating your AA Smartfuel Card.
(c) Your AA Membership Card is, or on issue will be, automatically activated.
25. You may begin to earn AA Smartfuel Discounts as soon as you hold an AA Smartfuel Card. Once your AA Smartfuel Card has been activated you may also redeem AA Smartfuel Discounts at Participating Redemption Parties. Always carry your AA Smartfuel Card with you and present it before you make a purchase from any Participating Reward Provider or seek to redeem accrued AA Smartfuel Discounts at any Participating Redemption Party.
26. A list of the current Participating Enterprises can be found on the Website at www.AAsmartfuel.co.nz/shop (in the case of Participating Reward Providers) or www.AAsmartfuel.co.nz/redeem (in the case of Participating Redemption Parties). The Participating Enterprises are subject to change at any time without prior notice. We suggest that you review the Website from time to time for changes.
27. We will maintain a call centre for enquiries from AA Smartfuel Account Holders. If you have any enquiries please contact the call centre number notified on the Website from time to time.
28. Each Participating Reward Provider will specify the level of AA Smartfuel Discounts available from it from time to time together with: (a) the goods and services which are to be purchased to earn those AA Smartfuel Discounts (Qualifying Goods and Services); and (b) any spending threshold required to earn AA Smartfuel Discounts on those Qualifying Goods and Services (qualifying spend). The current list of each Participating Reward Provider’s Qualifying Goods and Services, any Qualifying Spend and the amount of the AA Smartfuel Discounts that can be earned on those purchases will be displayed on our Website and may also be displayed at the relevant Participating Reward Provider’s premises and/or website. The Qualifying Goods and Services and any Qualifying Spend are subject to change at any time without prior notice. We suggest that you review the Website from time to time for changes.
29. To earn AA Smartfuel Discounts, you must notify the Participating Reward Provider before the transaction is concluded that the transaction is an AA Smartfuel Programme transaction. This must be done by presenting your AA Smartfuel Card or, if the purchase is by telephone, mail order or internet, by quoting your AA Smartfuel Card number.
30. AA Smartfuel Discounts earned by you will be added to the balance of AA Smartfuel Discounts in your AA Smartfuel Account after the Participating Reward Provider has notified us, or we have been otherwise made aware, of the details of the relevant purchase. AA Smartfuel Discounts may relate to Qualifying Goods and Services or competitions, incentives and promotions.
31. We have requested Participating Reward Providers to notify you of any expected delay in your ability to redeem the relevant AA Smartfuel Discounts arising from a delay in its ability to notify us in accordance with clause 30.
32. We will not credit your AA Smartfuel Account with AA Smartfuel Discounts given by retailers after they have ceased to be Participating Reward Providers.
33. Where you purchase Qualifying Goods and Services which are later subject to a full or partial refund, the Participating Reward Provider may elect to withhold from the amount refunded to you an amount equal to the AA Smartfuel Discount you have earned in relation to the refunded amount of the purchase price.
34. Disputes relating to AA Smartfuel Discounts awarded to you must be notified to the relevant Participating Reward Provider within 10 Business Days of the dispute arising. If the relevant Participating Reward Provider cannot resolve the dispute within 10 Business Days of any such notification, we may delete the disputed transaction and add to the balance of AA Smartfuel Discounts in your AA Smartfuel Account a number of AA Smartfuel Discounts determined by us, in our sole discretion. Our decision on such a dispute will be final and binding.
35. AA Smartfuel Discounts may be redeemed by presenting your AA Smartfuel Card when you purchase fuel products at a Participating Redemption Party. The Fuel products for which AA Smartfuel Discounts can be redeemed may or may not include automotive LPG at the election of the relevant Participating Redemption Party and as agreed with us. When you redeem your AA Smartfuel Discounts, the AA Smartfuel Discounts in your AA Smartfuel Account will automatically be applied to Fuel you purchase up to a maximum of 50 litres unless the Participating Redemption Party gives you the option, and you elect, not to redeem those AA Smartfuel discounts on that Fuel purchase. Some Participating Redemption Parties may not be in a position to offer you that option. Following each redemption transaction, the balance of AA Smartfuel Discounts in your AA Smartfuel Account will be reset to nil (whether or not all AA Smartfuel Discounts accrued in your AA Smartfuel Account were utilised in that transaction).
36. If the AA Smartfuel Discounts in your AA Smartfuel Account are less than the actual pump price of the Participating Redemption Party you will pay:
(a) the difference between your AA Smartfuel Discounts and the actual pump price for the volume of Fuel you purchase up to a maximum of 50 litres; and
(b) the actual pump price for any volume of Fuel you purchase in excess of 50 litres.
37. If the AA Smartfuel Discounts in your AA Smartfuel Account equals or exceeds the actual pump price of the Participating Redemption Party, you will pay the actual pump price for any volume of Fuel you purchase in excess of 50 litres.
38. Any AA Smartfuel Card linked to your AA Smartfuel Account may redeem AA Smartfuel Discounts from that AA Smartfuel Account. Accrued AA Smartfuel Discounts will be redeemed (and your AA Smartfuel Account will be reset to nil) on presentation of the first AA Smartfuel Card linked to your AA Smartfuel Account for redemption of such AA Smartfuel Discounts.
39. AA Smartfuel Discounts may not be redeemed in conjunction with a fuelcard, however at the sole discretion of any Participating Redemption Party AA Smartfuel Discounts may be redeemed:
(a) in conjunction with any other fuel discount, or
(b) on prepaid transactions.
40. AA Smartfuel Discounts have no cash or negotiable value.
41. You must ensure that all usernames and passwords required to access your AA Smartfuel Account and/or the Website are kept secure and confidential and notify us immediately of any unauthorised 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.
42. The balance of AA Smartfuel Discounts in your AA Smartfuel Account can be checked at any time on our website at www.AAsmartfuel.co.nz/account. Alternatively you can text ‘BAL’ to 246 to receive your balance via text. Your usual SMS charges will apply.
43. AA Smartfuel Discounts expire at the end of the month following the month in which they are earned (Expiry Date).
44. Any AA Smartfuel Discounts:
(a) not redeemed by you at a Participating Redemption Party or otherwise utilised pursuant to these Terms and Conditions on or before the Expiry Date;
(b) recorded in error; or
(c) relating to any transaction which is cancelled or where a refund is given, will be debited from the balance of AA Smartfuel Discounts in your AA Smartfuel Account.
45. We are not liable for any:
(a) delay in supplying, linking or replacing an AA Smartfuel Card;
(b) unauthorised use of your AA Smartfuel Account, AA Smartfuel Card, username and/or password;
(c) failure by you to notify a Participating Reward Provider that a purchase can earn AA Smartfuel Discounts for you, or vice versa;
(d) delay or failure by a Participating Reward Provider to notify us of the details of a purchase earning AA Smartfuel Discounts;
(e) failure by you to notify a Participating Redemption Party that AA Smartfuel Discounts can be redeemed on a purchase, or vice versa;
(f) delay or failure by a Participating Redemption Party to meet the Terms and Conditions upon which it has agreed to provide the benefits of your AA Smartfuel Discounts;
(g) failure to notify you of any changes to these Terms and Conditions, the Participating Enterprises, the Qualifying Goods and Services, any Qualifying Spend, AA Smartfuel Discounts available or the suspension or termination of the AA Smartfuel Programme;
(h) error, misstatement or omission in the information and content contained on the Website or any website of any Participating Enterprise (including in respect of the Participating Enterprises, the Qualifying Goods and Services, any Qualifying Spend or the AA Smartfuel Discounts available) or adverse consequences arising out of use of or reliance on such information or content;
(i) claim arising from or relating to termination of the AA Smartfuel Programme; or
(j) loss of profit (direct or indirect) or any direct, consequential, incidental or indirect loss or damage resulting from any breach of these Terms and Conditions.
46. All warranties and representations, whether express or implied and whether arising under legislation or otherwise, as to the suitability, quality, fitness or condition of the Services are expressly excluded to the extent permitted by law. Nothing in this clause affects any of your rights under the Consumer Guarantees Act 1993. Only we have authority to make any representation, warranty or statement on our behalf. We make no warranty or representation in relation to any Qualifying Goods or Services or any Fuel.
47. To the extent we remain liable to you, our aggregate liability (in contract, tort (including negligence) or otherwise) in respect of any one event or related series of events under these Terms and Conditions is limited to the amount of AA Smartfuel Discounts in your AA Smartfuel Account at the time of the event, or first event in the series, which gives rise to the liability.
48. We provide the Services for Participating Enterprises and each exclusion or limitation of liability in these Terms and Conditions (other than in respect of any Qualifying Goods or Services supplied by them) also applies for the benefit of each of the Participating Enterprises and their employees and agents, in accordance with the Contracts (Privity) Act 1982 of New Zealand.
49. Although we aim to provide the Services to a high standard, we cannot guarantee the provision of continuous or fault free Service. Without limitation, the quality of our Service is dependent on the EFTPOS and Paymark systems and continuous secure internet access for our network. In the event of a fault or delay in our Service, we will aim to restore the Service as soon as possible following any planned or unplanned suspension of Services or if our network is damaged.
50. We reserve the right to suspend or terminate the AA Smartfuel Programme at any time in our sole discretion without prior notice. Your AA Smartfuel Account will suspend automatically if we suspend the AA Smartfuel Programme, and your AA Smartfuel Account will terminate automatically if we terminate the AA Smartfuel Programme.
51. You may at any time request that we terminate your AA Smartfuel Account and Primary AA Smartfuel Card or any Additional Card.
52. In addition to our right to terminate or suspend under clause 50, we may terminate your AA Smartfuel Account at any time without prior notice and for any reason, including where:
(a) you fail to comply with these Terms or Conditions;
(b) your AA Smartfuel Card is not used in connection with the AA Smartfuel Programme for a continuous period of 12 months;
(c) you supply any misleading information or make any misrepresentation to us or to any Participating Enterprise in connection with the AA Smartfuel Programme;
(d) you abuse any privilege accorded to you under the AA Smartfuel Programme; or
(e) you die.
53. Upon termination of your AA Smartfuel Account you will not be able to use any AA Smartfuel Discounts otherwise available to you and your Primary AA Smartfuel Card and any Additional Card will be deactivated from the AA Smartfuel Programme.
54. All our Intellectual Property relating to the AA Smartfuel Programme, the Equipment and the content of our Website, including Intellectual Property arising in connection with these Terms and Conditions or your AA Smartfuel Account, remains our property, and you acknowledge that agreeing to these Terms and Conditions gives you no right or interest in our Equipment, promotional materials, software or other Intellectual Property.
55. Some material on the Website and our other promotional materials is the Intellectual Property of Participating Enterprises, or other third parties. We have obtained their consent to use such Intellectual Property. You have no right to use such Intellectual Property.
56. Your use of the Website must be in accordance with the Website Terms.
57. Except as otherwise provided in these Terms and Conditions, every notice or other communication given under or in connection with these Terms and Conditions must be notified via the call centre or must otherwise be in writing and addressed to the relevant party and personally delivered, posted by pre-paid registered mail, email or (in the case of a communication to you) text message to the address, email address or (if applicable) mobile phone number of that party, marked to the attention of the relevant party, as most recently advised to the other. Our current relevant notice details are:
AA Smartfuel Limited
PO Box 5
58. These Terms and Conditions record the entire agreement between you and us and replace any earlier agreements we have with you in relation to the AA Smartfuel Programme.
59. You must not sell, transfer, assign, use as security or otherwise deal with your AA Smartfuel Account, an AA Smartfuel Card, AA Smartfuel Discounts or any other rights conferred by us to you in relation to the AA Smartfuel Programme, except in accordance with these Terms and Conditions.
60. You acknowledge that we may amend the AA Smartfuel Programme and/or these Terms and Conditions at any time in our sole discretion without prior notice. We may make such changes even if it has the effect of reducing or extinguishing the number or value of, or the Expiry Date of, any existing or future AA Smartfuel Discounts. These Terms and Conditions will at all times be available on the Website. We suggest that you review the Website from time to time for the then current version.
61. We may assign or transfer any of our rights or obligations under these Terms and Conditions without your consent. Each assignee or transferee is to have the same rights against you under these Terms and Conditions as if it had been named in these Terms and Conditions in place of AA Smartfuel Limited.
62. A waiver of any term, provision or condition of, or consent granted under, these Terms and Conditions is effective only if given in writing and signed by the waiving or consenting party. A failure, delay, relaxation or indulgence in exercising any power or right conferred by these Terms and Conditions does not operate as a waiver of that power or right and a single or partial exercise of that power or right does not preclude a further exercise of it, or the exercise of any other power or right under these Terms and Conditions. A waiver of a breach does not operate as a waiver of any other breach.
63. Our decision on any dispute you may have with us in relation to these Terms and Conditions is final and binding.
64. These Terms and Conditions are governed by New Zealand law.