Last updated September 2024
Gaspy products and services are provided by HWEM Ltd. These Terms of Service ("Terms") govern your access to and use of the Gaspy mobile app, website, products, and services ("Products"). Please read these Terms carefully. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.
Gaspy is a crowd sourced App that helps users find cheaper fuel prices together and manage their vehicles.
We are under no duty to you to monitor or record the activity of any Gaspy user. Content generated by Registered Users is not moderated. We have the right (but not the obligation) to monitor any Posting or Content and we have the right to refuse, reclassify, censor or remove any Post or edit any Content, for example (but without limitation) if:
You may use our Products only if you can form a binding contract with Gaspy, and only in compliance with these Terms and conditions. When you create your Gaspy account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organisation, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorised to grant all permissions and licences provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Subject to these Terms and our policies (including our Acceptable Use Policy) and our Community rules, we grant you a limited, non-exclusive, non-transferable, and revocable licence to use our Products.
Gaspy allows Registered Users to use the Gaspy App and assist in keeping our prices accurate.
You must ensure that you use your account solely by yourself and that your password is kept secure. As the holder of your user account, you acknowledge that you are fully responsible for all activities that transpire through your user account. This also means ensuring the safety and security of your third party authentication systems such as Facebook. Gaspy cannot be held accountable for hijacked accounts. You guarantee to Gaspy that you possess all required rights in regard to content that you save, post and/or transmit by using our product and that you will not violate the rights of third parties, regardless of their nature, nor violate any legal regulations and any of the provisions of these terms of Service. In the event that you do not possess the rights to content that you have posted, you guarantee that you have obtained all effective necessary transfers of right, licences, permissions, consents and the like. In the event that you should violate these guaranties, you release Gaspy from any liability to third parties and indemnify us completely from any and all liability. You agree that you are legally obligated to, and will abide by our Terms of Service, Acceptable Use Policy and Community Rules.
You grant Gaspy and its users a non-exclusive, royalty-free, transferable, sub licensable, worldwide licence to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your User Content on Gaspy solely for the purposes of operating, developing, providing, and using the Gaspy Products. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms of Service or our Acceptable use policy.
You can delete your account at any time in your Gaspy ‘Settings’. If you have difficulty doing this, contact us at [email protected] You acknowledge that Gaspy reserves the right, at its own discretion, to delete your account (or portions and/or specific content contained therein), content or any information. This can be for various reasons such as a violation of our terms of service, an inactive account for more than 6 months or other reasons at our sole discretion.
Gaspy respects the copyright laws. If you believe that your copyrights or other intangible rights, e.g. trademark or personality rights, have been violated by content of another user who uses our product to save, post or transmit his/her content, please contact us on [email protected]
You acknowledge that all rights to the Gaspy product and its identification symbol including any trademark, patent, copyright or licensing rights or other rights or comparable legal positions in relation to you, are the exclusive property of Gaspy.
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Gaspy. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Gaspy, you do so at your own risk and you agree that Gaspy will have no liability arising from your use of or access to any third-party website, service, or content.
Although Gaspy makes every effort to keep servers running, we cannot guarantee that they will always be without interruption and therefore, we provide this service AS-IS without warranties whether expressed or implied. We cannot guarantee that the product will meet your needs nor that it will always be made available to you without interruption, but will do our best to keep things running as smoothly as possible. While we work to protect the security of your content and account, Gaspy cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account.
Gaspy takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You agree to indemnify and hold harmless Gaspy and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms. GASPY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GASPY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (D) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL GASPY’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with Gaspy, you agree to first contact us on [email protected] and attempt to resolve the dispute with us informally.
These Terms shall be governed by the laws of New Zealand, without respect to its conflict of laws principles. Our Products are hosted in multiple countries but are controlled and operated from New Zealand, and we make no representations that they are appropriate or available for use in other locations.
We may revise these Terms from time to time and the most current version will always be available on our application. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Gaspy without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Gaspy in connection with the Products, shall constitute the entire agreement between you and Gaspy concerning the Products.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Gaspy failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We value hearing from our users, and are always interested in learning about ways we can improve Gaspy. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. If you wish to provide feedback or contact us, contact us on [email protected]
You agree not to engage in any of the following prohibited activities:
Gaspy reserves the right, but is not obligated, to terminate, suspend or remove any User Content for any (or no) reason solely at our own discretion, including User Content that Gaspy believes violates this Acceptable Use Policy or our Terms of Service.