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Terms of Use

1. Application

1.1 These Terms apply to your use of the Web Portal.

1.2 By creating a User Account, you confirm that you accept these Terms and agree to comply with them.

1.3 If you do not accept these Terms, you will not be authorised to access the Web Portal.

1.4 If you are using the Web Portal on behalf of the Customer or in your capacity as an employee or contractor of the Customer, you represent and warrant that you have the authority to bind the Customer to these Terms.

1.5 The Customer will be liable for all acts and omissions of any User who is permitted to access the Web Portal on its behalf (including its employees, contractors and agents).

2. Definitions

2.1 The following definitions apply in these Terms:

  1. Allied, us, we or our means Allied Petroleum Limited.
  2. Card means an Allied Fuel Plus/Mobilcard issued to the Cardholder for the purchase of Products from Allied.
  3. Cardholder means any person authorised by the Customer to use a Card.
  4. Credit Account means the Customer’s credit account with Allied for purchases of Products.
  5. Customer means the person who purchases Products from Allied.
  6. Mobil means Mobil Oil New Zealand Limited.
  7. Product means fuel, lubricants, and/or any other goods supplied by Allied.
  8. Terms means these Web Portal Terms of Use.
  9. Third Party Customer means a customer of a third party, where that third party is party to a contractual supply agreement with Allied which governs the supply of Product by Allied directly to customers of that third party.
  10. User, you or your means a person who has a User Account.
  11. User Account means the account of a person who has registered to access and use the Web Portal on behalf of the Customer, in accordance with clause 3.2.
  12. Web Portal means Allied’s web portal which allows a User to (as applicable):
    1. access information in relation to the Credit Account;
    2. manage the Customer’s Cards; and
    3. order Products on behalf of the Customer.

3. User Accounts

3.1 To access and use the Web Portal, you must create a User Account.

3.2 To create a User Account you will be required to provide us with all information we require to create your User Account and choose a password to access your User Account. You must:

  1. provide accurate, current, and complete information during the User Account creation process;
  2. update such information from time to time to keep it accurate, current and complete; and
  3. ensure that your User Account details are not shared with or disclosed to any other person.

3.3 A User Account allows us to:

  1. monitor, audit, and track usage of the Web Portal;
  2. identify who is using the Web Portal;
  3. consider and process requests from Users; and
  4. ensure compliance with these Terms.

3.4 Subject to clause 3.5, a User Account allows you to access and use the Web Portal to:

  1. view Credit Account balances and outstanding invoices;
  2. manage the Customer’s existing Cards, including:
    1. placing a Card on hold;
    2. releasing a Card hold;
    3. resetting a Card PIN;
    4. ordering a replacement Card; and
    5. cancelling a Card.
  3. create new Cards on behalf of the Customer.
  4. download the Customer’s invoices, statements, and transaction/excise tax reports to PDF/CSV;
  5. place orders for Products on behalf of the Customer; and
  6. log support tickets with our Customer Service team.

3.5 Subject to clause 3.6, one or more Users per Customer will have unrestricted access to the Web Portal, giving that User rights to carry out any of the actions in clause 3.4 and any other additional actions we may introduce from time to time on behalf of the Customer (Admin User). An Admin User may invite other Users (Secondary Users) to gain access to the Web Portal either by utilising the user management function of the Web Portal or by contacting us by phone (0800 383 566) or email ([email protected]). The Admin User will impose access limits for Secondary Users and determine which of the actions in clause 3.4 each Secondary User will be able to carry out through the Web Portal on behalf of the Customer.

3.6 If the User is a Third Party Customer, their User Account will only allow them to access and use the Web Portal to carry out the actions in clause 3.4(e) and (f).

4. Emails

4.1 You agree that we may send you emails relating to your User Account and registration to access the Web Portal, activities you undertake through the Web Portal, and for promoting our products and services.

4.2 You will be able to opt out of receiving our marketing emails either by following the instructions at the bottom of the email or via the Web Portal.

5. Ongoing Web Portal Use

5.1 We may modify, add to, replace, discontinue or upgrade the Web Portal or other information contained within the Web Portal, at any time at our discretion and without incurring any liability to you or the Customer.

5.2 You must report any queries, faults, failures, errors or omissions in respect of the Web Portal directly to us.

5.3 You agree to respond in a timely manner to any reasonable request we make for information relating compliance with your and/or the Customer’s responsibilities under these Terms.

6. Prohibited Uses

6.1 You must not use the Web Portal:

  1. in any way that breaches, or would cause the Customer, you, or us to breach, any relevant law, regulation or any legal duty or obligation to any person;
  2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; or
  3. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Web Portal, or any computer software or hardware.

6.2 Neither you nor the Customer may:

  1. reproduce, duplicate, copy, or re-sell any part of the Web Portal; or

  2. access (without authority), interfere with, damage or disrupt:

    1. any part of the Web Portal;
    2. any equipment or network on which the Web Portal is stored;
    3. any software used in the provision of the Web Portal; or
    4. any equipment or network or software owned or used by any third party.

7. Privacy

7.1 We may collect and hold ‘personal information’ (as that term is defined in the Privacy Act 2020) about you and/or the Customer.

7.2 We will use such information for the purpose of:

  1. contacting and identifying you and/or the Customer;
  2. administering Users’ access to and use of the Web Portal; and
  3. maintaining the security of our systems.

7.3 Our Privacy Policy also applies to your use of the Web Portal. Please refer to our Privacy Policy for more details

8. Intellectual Property

8.1 We own (or licence (as applicable)) all intellectual property rights in the Web Portal. Neither you nor the Customer may use or distribute our intellectual property without our prior written consent.

8.2 Without limiting clause 8.1, neither you nor the Customer may use, modify, publish, licence, create derivative works from, transfer, or sell any copyright material, information, materials, software, products or services obtained from the Web Portal without our prior written consent.

9. Indemnity

9.1 Without any exclusion or limitation and to the fullest extent permissible by law, you indemnify, and will keep indemnified, Allied, Mobil, and each of our respective officers, employees, contractors, partners, agents, and suppliers from and against any and all losses, damages, costs, actions, proceedings, claims and demands which Allied and/or Mobil incurs, suffers or is subject to (including any legal fees on a solicitor-client basis or amount paid by way of settlement) as a direct or indirect result of:

  1. any breach of these Terms or otherwise in connection with your use of the Web Portal;
  2. any act or omission for which you are responsible at law;
  3. any information and data provided by you;
  4. your use of the Web Portal; or
  5. any infringement of the rights of any other person.

9.2 You and the Customer acknowledge that, for the purposes of Part 2, Subpart 1 of the Contract and Commercial Law Act 2017, clause 9.1 confers a benefit on, and is legally enforceable by, Mobil.

10. Disclaimer

10.1 To the extent permitted by law, we do not warrant that:

  1. any information provided on the Web Portal is free from errors, reliable, accurate or complete;
  2. the Web Portal, or any content on it, will always be available or uninterrupted. Access to the Web Portal is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of the Web Portal without notice; or
  3. the Web Portal will be secure or free from bugs or viruses.

11. Liability

11.1 We will not be liable:

  1. if the Web Portal is unavailable at any time or your use of the Web Portal is interrupted;
  2. for any corruption of data or information held by us; and
  3. to the fullest extent permitted by law for any loss (including, without limitation, consequential loss, loss of profits or loss of data), damage, cost or expense of any kind suffered or incurred in connection with your use of the Web Portal.

12. Suspension and Termination

12.1 We may immediately suspend or terminate your right to access the Web Portal (or any element of it) if:

  1. you or the Customer breach these Terms, any other agreement with us, or any of our other applicable policies or terms and conditions;
  2. we consider, in our sole discretion, that you have used or accessed the Web Portal improperly;
  3. we suspend or cancel the Credit Account or Card(s) of the Customer your User Account is linked to; and/or
  4. we terminate our supply of Products to the Customer your User Account is linked to.

12.2 A User can deactivate their User Account at any time by logging a support ticket via the Web Portal or by contacting us by phone (0800 383 566) or email ([email protected]).

12.3 The provisions in clauses 7, 8, 9, 10, and 11 shall survive termination of your right to access the Web Portal.

13. General

13.1 We may vary these Terms from time to time. We will provide you with written notice of any changes. After we provide that notice you will be deemed to have accepted those updated Terms if you continue to use the Web Portal.

13.2 Allied’s Product Supply Terms and Conditions will continue to apply to the Customer’s purchase of Products and the use of Cards issued to Cardholders.

13.3 If any provision in these Terms is held to be invalid, illegal or unenforceable, this will not affect the validity of any other provision in these Terms.

13.4 A failure by us to exercise or a delay in us exercising any right under these Terms will not operate as a waiver of that right.

13.5 The law of New Zealand applies to these Terms and the transactions contemplated by them. The New Zealand courts have jurisdiction in respect of these Terms and the transactions contemplated by them.