These terms and conditions apply to the use of this website and in accessing or using or browsing this website and/or purchasing goods and/or services from this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, then you must refrain from using this website. For the purposes of these terms and conditions, “this website” shall mean https://www.TheGetGas.co.nz/.
GetGas
Any reference to “GetGas”, “we”, “our” or “us” in these terms and conditions shall mean GetGas. Amendments to terms and conditions We reserve the right to review and amend these terms and conditions and our disclaimer from time to time. Amendments will be effective immediately and GetGas has no obligation to notify you of such amendments. We recommend that you check this page for amendments each time you revisit this website. Your use of this website will represent an agreement by you to be bound by the terms and conditions as amended.
SPECIFIC WARNINGS
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. GetGas does not accept responsibility or liability for any interference or damage to your computer system which arises in connection with your use of this website or any linked website.
All information provided by this website is intended to be general in nature and you should not rely on it in connection with the making of any decision. While we have no reason to believe that any information contained on this website is inaccurate, incomplete or misleading, we do not warrant the accuracy, adequacy or completeness of such information. GetGas does not accept any responsibility or liability for any loss or damage suffered as a result of reliance by you upon the accuracy, completeness or currency of information contained on this website.
RESTRICTED USE
You must not use any of our trademarks:
In or as the whole or part of your own trademarks;
In connection with activities, products or services which are not ours;
In a manner which may be confusing, misleading or deceptive; or
In a manner that disparages us or our information, products or services (including this website).
WEBSITE PRIVACY POLICY
All information collected through or in connection with this website is controlled, stored and held by GetGas or its web service provider(s) in accordance with the Privacy Act 1993.
This Privacy Policy covers our use of information which is collected through or in connection with this website. We may collect contact information about visitors to this website. This information may be used to: Send you news, information about our activities and general promotional material which we believe may be useful to you;
Respond to queries or requests, or process orders or applications submitted by you;
Monitor who is accessing this website or using the services offered on this website; and Profile the type of people accessing this website.
If you do not wish to have your personal information used in this manner or for any other specific purpose, please email info@thegetgas.co.nz to advise us of this.
We may utilize “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit this website. A cookie does not identify you personally, but rather it identifies your computer. The type of information collected by way of a cookie includes your IP address, the date and time this website was accessed and what parts of this website were viewed and delivered. Your can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
We are not responsible for the privacy policy or practices of other websites, even if you have accessed those websites using links from this website, or you linked to this website from another website. We recommend you check the privacy policy of each website you visit. We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this website.
If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still disclose that information if:
We subsequently notify you of the intended use or disclosure and you do not object to that use of disclosure; We believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or We are required by law to disclose that information.
We will preserve the content of any email you send us if we believe we have the legal requirement to do so. We may monitor your email content for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.
Personal information which we collect (including your contact details, and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission over the Internet.
You are entitled to have access to any personal information relating to you which you have previously supplied to us over this website. You are entitled to edit or delete such information unless we are required by law to retain it.
If you wish to make an enquiry regarding any personal information relating to you which may be in our possession, contact info@thegetgas.co.nz
POLICY FOR ON-LINE PURCHASE OF GOODS AND/OR SERVICES
If you intend to purchase goods and/or services through this website, you must confirm your acceptance of these website terms and conditions before we will process your order.
You cannot purchase goods and/or services through this website unless you are capable of making legally binding contracts. In confirming your acceptance of the website terms and conditions, you also confirm that once your offer to purchase the goods and/or services is accepted by us, your order will constitute a binding contract between yourself and GetGas.
ORDERING PROCEDURE FOR GOODS AND/OR SERVICES
You may offer to purchase goods described on this website for the price specified on this website by completing the on-line order form. Your order must contain your name, email address, credit card details and any other information requested. Once your order has been processed you will receive an automated response confirming your details and the goods ordered. This email will be your Goods and Services Tax invoice.
The dispatch of the goods from GetGas will constitute our acceptance of your offer to purchase those particular goods. We provide no warranty as to the availability of goods advertised through this website.
Any information on this website is up to date at the time it is posted on the website, but is subject to variation at any time without notice.
PAYMENT FOR GOODS AND/OR SERVICES
We will only accept credit card payment of orders placed through this website.
You will be liable for all orders placed using your credit card details and agree to indemnify GetGas against any losses, claims or damages arising from the use or misuse of your credit card details by any other person.
All prices are quoted in New Zealand dollars ($NZ). Please note, your card information is not disclosed to any other party. Goods will only be dispatched once full payment has been received and funds have been cleared. The name that will appear on your statement will be GetGas.
Prices are inclusive of goods and services tax, duties and other charges imposed or levied in New Zealand in connection with the supply of goods. Prices are exclusive of any taxes, duties or other charges imposed or levied overseas in connection with the supply of goods outside of New Zealand. Prices are also exclusive of postage and packaging charges.
Ownership and title in the goods does not pass to you until we have received payment in full. We reserve our right to increase or decrease our prices without prior notice at any time.
Collection and Delivery of Goods
1. The Customer acknowledges that collecon of Goods from Get Gas, its premises, or its agent’s will be at the Customer’s own risk and the Customer will be responsible for handling and transporng the Goods safely, training the driver on the hazards of transporng the Goods and ensure compliance with all relevant legislaon.
2. At Get Gas’ sole discreon, delivery of the Goods shall take place when:
(a) the Customer takes possession of the Goods at Get Gas’ premises; or
(b) the Customer’s nominated carrier takes possession of the Goods (in which event the carrier shall be deemed to be the Customer’s agent); or
(c) the moment the Goods pass over the side of the vehicle upon which it was transported to the Customer’s premises
3. The risk in Goods sold or supplied passes to the Customer upon delivery or collecon.
4. At Get Gas’ sole discreon, any costs it incurs in associaon with delivery, or aempted or failed delivery, are:
(a) in addion to the price; or
(b) for the Customer’s account.
5. Subject to Get Gas’ agreement otherwise, the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged, then the Get Gas shall be entled to charge a reasonable fee reflecng its own addional costs incurred.
6. The failure of Get Gas to deliver for reasons that are outside of its control shall not entle the Customer to treat these Terms as repudiated.
7. Where Get Gas agrees to deliver the Goods, the Customer shall:
(a) authorise Get Gas (or procure such authorisaon) to enter and to bring its vehicles onto the Customer’s property (or any property within the Customer’s control) in order to deliver the Goods;
(b) take all reasonably praccable steps to ensure the safety of the delivery site and access thereto, at all mes in compliance with the Health and Safety at Work Act 2015; and
(c) point out any hazards or other items for anyone effecng the delivery to be aware of.
8. Get Gas may suspend delivery at any me if it considers for any reason that the delivery and/or storage of the Goods to the Customer is unsafe.
9. Get Gas will supply gas into a Customer owned gas cylinder and storage vessel considered suitable by Get Gas ONLY by special arrangement with the Customer. Such supply is subject to gas cylinder and vessel examinaon and tesng when necessary in accordance with Get Gas procedures and applicaon of statutory requirements at the Customer’s cost.
10. Get Gas shall have a right to charge a fee for collecon of empty gas cylinders.
11. Get Gas’ weights, records and measurements will be accepted as prima facie evidence of the quanes of goods delivered to the Customer. Get Gas’ collecon/delivery note will be conclusive evidence as to the goods delivered.
RETURN OF GOODS
If you change your mind regarding the purchase of goods after you have placed your order with us, please contact us to advise that you no longer require the goods.
We will consider whether to substitute those goods ordered for other goods of the same or lesser value or to provide a refund to you. The decision shall be entirely ours, and we are not obliged to accept ‘change of mind’ returns.
If we decide to substitute the goods or provide a refund to you, we will notify you, and will require the goods to be returned to us in the same condition as when the goods were dispatched and within 5 days of those goods being delivered to your postal address.
Any delivery charges on returned goods are non-refundable.
Get Gas Equipment
1. Subject to 4.2, the Customer will not refill or allow the refilling of Get Gas cylinders or let them be used otherwise than for storage, transport or use of gas placed in them by Get Gas.
2. If Get Gas is unable to supply gas the Customer may use a Get Gas storage vessel for handling equivalent gas obtained from another supplier, provided that the Customer nofies Get Gas in advance. Get Gas will have no liability whatsoever in relaon to any such supply and the Customer will indemnify Get Gas against all claims, costs, expenses or liabilies resulng from such supply.
3. Get Gas equipment will comply with any technical specificaons provided by Get Gas. Get Gas does not warrant that the equipment is suitable for the Customer’s intended use or process. If Get Gas warrants any parcular performance levels any claim for failure to meet those levels in any period is limited to a proporonal reducon in the service charge for that period.
4. Get Gas will maintain its equipment and gas cylinders in accordance with its procedures and current safety requirements. If this requires interrupon of supply this will, whenever possible, be by arrangement with the Customer.
5. Service charges are payable from delivery, or from the date of compleon where Get Gas installaon is provided.
6. Get Gas may maintain its equipment by a program of regular maintenance undertaken during normal business hours. If regular maintenance is carried out outside of normal business hours at the request of the Customer, then the Customer will incur an addional standard charge for this service.
7. Get Gas may maintain a non-regular maintenance funcon to support its equipment from me to me. Any non-regular maintenance will see the Customer incur an addional standard charge for this service except to the extent that Get Gas caused the need for the non-regular maintenance.
8. The Customer will comply with any manual (or other instrucons) provided, and will not otherwise adjust, repair or interfere with Get Gas equipment. If the Customer does not comply with this clause then Get Gas may charge the Customer for addional service parts and/or maintenance and repair charges as appropriate, and Get Gas will not be liable for any loss suffered by the Customer as a result of any such repair or interference.
9. Any Goods installed by Get Gas on the Customer’s premises are and will remain a chael throughout the enre period during which such facilies remain on the premise.
10. Get Gas retains ownership of all Goods supplied by Get Gas to the Customer unl the Customer has paid for them and has paid all other outstanding amounts due and payable to Get Gas.
11. Get Gas equipment, Cylinders and gas containers remain at all mes the absolute property of Get Gas and are supplied for the Customer’s sole use.
12. The Customer will have no rights over any other property of Get Gas or its contractors brought onto the Customer’s site
THEFT
In the event that the Goods are stolen from the Customer, the Customer shall reimburse Get Gas for the cost of replacing the Goods.
PRICE
The price of the Goods shall be the standard price charged by Get Gas prevailing at the date of acceptance of the Customer’s order plus any Goods and Services Tax (GST) thereon (except to the extent GST is expressly included).
Any increases in the cost of supply of the Goods (including without limitaon increases in the price of Goods) between the date of acceptance of the order and the date of delivery of the Goods shall be borne by the Customer.
SUPPLY AND USE OF GOODS
Safety and Pollution: Each party shall comply with all laws, regulaons and orders applicable to the handling, transportaon, delivery and use of products, including all laws in relaon to health and safety and polluon.
Use: The Customer agrees it shall use the Goods itself and not to on-sell the Goods or allow their use by any third party.
Non-Performance: Neither party shall be deemed to be in default of nor shall be liable for the non-performance of any covenant, agreement or obligaon under these Terms, except the Customer’s obligaon to pay for products delivered, if such default or non-performance arises from any cause beyond the reasonable control of such party. Lack of funds is not a cause beyond the control of a party. Get Gas is under no obligaon to make delivery when in its sole judgement the making of a delivery might cause a strike to be called against it, or cause its properes to be picketed.
SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While GetGas strives to protect such information, GetGas does not warrant and cannot ensure the security of any information which is transmitted to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information in accordance with the Privacy Act 1993 and our website Privacy Policy.
TERMINATION OF ACCESS
We may terminate access to this website at any time without notice. Our disclaimer will nevertheless survive such termination. GetGas does not warrant that you will have continued access to this website, and will not be responsible or liable for any loss, claims, costs, expenses, or damage, directly or indirectly incurred or resulting from or related to your inability to use or access this website.
DISCLAIMER
GetGas does not accept any responsibility or liability for any direct, indirect, incidental, consequential, special, exemplary or punitive damage, or for any loss of profit, income or any intangible losses, or any claims, costs, expenses, or damage, whether in contract, tort (including negligence), equity or otherwise, arising directly or indirectly from, or connected with, your use of this website or any linked website, or your reliance on information contained in or accessed through this website, or the on-line purchase of goods, including the failure of any order to be processed or any goods to be delivered.
To the extent permitted by law, any condition or warranty, whether express or otherwise implied into these terms and conditions, including fitness for purpose is hereby excluded. However, nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the New Zealand Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms and conditions are to be modified to the extent necessary to give effect to that intention.
If you are using this website or purchasing goods for business purposes, you agree that the New Zealand Consumers Guarantees Act 1993 does not apply.
GOVERNING LAW
This website and content has been developed in accordance with the laws of New Zealand. These terms and conditions, and any matters or disputes connected with this website or the on-line purchase of goods shall be governed by the law of New Zealand and the New Zealand courts shall have exclusive jurisdiction to hear and determine all claims in connection with this website and its use.
COMPLAINTS
If you have a complaint about the content of this website, please contact info@thegetgas.co.nz
ACCEPTANCE OF TERMS AND CONDITIONS
You acknowledge that you have read, understood and accept the above terms and conditions and our disclaimer.