Legal

Terms & Conditions

Terms Of Use

This Website is owned by Full Tank Limited (Tank) and operated by Tank and/or a third party provider. 

By accessing, browsing or using the Tank website (Website), you agree to be bound by these terms, conditions and disclaimers as amended from time to time (Terms of Use). Please read these Terms of Use carefully before using the Website. 

These Terms of Use are in addition to any other terms and conditions that apply to the sale of goods or provision of services by Tank through the online ordering portal or through the Tank Application for iOS and Android (App). If you do not agree to be bound by these Terms ofUse, then please immediately discontinue your use of the Website. 

Tank may amend these Terms of Use from time to time without notice.  Any amendment will be effective immediately upon being posted on the Website.  Your continued use of the Site after any amendment becomes effective, will constitute your agreement to be bound by these Terms of Use, as amended.

Privacy

Tank may collect, use, store, record and transmit your personal information entered on this Website. For further details, please refer to Tank Privacy Policy available at https://www.tankjuice.co.nz/privacy-policy.

Use of the website

You agree you will not transmit to Tank or upload to or through the Site anyHarmful Code, or use or misappropriate the Website for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that:  

- is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or would enable an unauthorised person to cause such result; or  
- would enable an unauthorised person to access another person’s information without such other person’s knowledge and permission.  

Without limiting the foregoing and by way of example only, users may not:  
- generate or facilitate unsolicited commercial email (Spam). Such activity includes, but is not limited to:  
(a) sending messages in violation of any applicable anti-spam law;  
(b) imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending Spam;  
(c) data mining any Tank property;  
(d) sending messages to users who have asked not to be contacted; or  
(e) selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure;  
- intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a      destructive or deceptive nature;  
- conduct or forward pyramid schemes or similar programs;  
- transmit content that may be harmful to minors;  
- impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;  
- transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission;  
- transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission;  
- violate the legal rights (such as rights of privacy and publicity) of others;  
- promote or encourage illegal activity;  
- interfere with other Tank users’ enjoyment of the Website;  
- modify, adapt, translate, or reverse engineer any portion of the Website;  
- remove any copyright, trademark or other proprietary rights notices contained in or on the Website;  
- reformat or frame any portion of the web pages that are part of the Website without Tank’s explicit written permission;  
- bypass any limitations or suspensions of functionality; and
- provide false information.

Image disclaimer

Product images are for illustrative purposes only and may differ from the actual product. Due to differences in monitors,colours of products may also appear different to those shown on the site.

Use of the website by minors

The Website is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use the Site under the supervision of a parent or legal guardian, or responsible adult.

Use of the Tank Rewards App

By signing up and participating In the Tank Reward Loyalty program, you agree to these terms and conditions Including the privacy policy, as amended from time to time. Continued use of the program by you will constitute your acceptance of any changes or revisions. If you do not agree with these terms, please do not use the service. 

The Tank Rewards Loyalty Program (“Program”) is operated by Full Tank Limited. The Program is available at all Tank restaurants across New Zealand, excluding Waikato and Bay of Plenty stores.

Participation in the Program is for personal use only and open to individuals 18 years and over and have a unique valid email address and mobile phone number. Individuals under 18 years must have parent or guardian’s okay prior to registering for the Program and the parent or guardian must read and agree to these terms. Tank reserves the right to request the parent or guardian to confirm consent of the individual’s participation at anytime. 

You agree that you will only register one account as a user. Multiple accounts per user (determined by name, email, or mobile number) will result in the additional accounts being closed, and any benefits and rewards attached to any of the account cancelled or forfeited, at the absolute discretion of Tank.

To participate in the Program, you must:  
I. Download the official Tank Rewards App.  
II. Follow the prompts to register.  
III. Complete and submit your details; and  
IV. Once you have successfully registered, you will be a Tank Member (also referred to as “you” in these Terms) of the Tank Rewards Loyalty Program. You will be provided with a unique Tank Member Reference number and barcode, that will be contained within your app.

Rewards

Upon verification of your account, you agree to receive benefits and rewards as determined and communicated by Tank. Benefits and rewards may be sent to you directly to your registered email account or TankApp or advertised in various mediums and channels. All benefits and rewards are offered to you and cannot be transferred or exchanged, unless stated otherwise.No vouchers are redeemable via our Delivery Partners, such as UberEats, Delivereasy and DoorDash.

To redeem the benefits and rewards offered under the program, you must present the coupon, code, you are app barcode and any other material as directed by Tank on your smartphone or electronic device using the Tank app prior to the expiry date stated or otherwise specified in these terms and conditions. (no extensions will be given). Specific conditions may apply to certain benefits and rewards supplied, of which will be detailed with the benefit or reward coupon advertising or communication.

All benefits and rewards will be sent to the registered email or Tank Rewards App and are subject to availability. Substitutes may be offered at Tank’s absolute discretion. Any prices or values stated in connection or for a benefit or reward is correct at the time of publication. Blackout periods, such as public holidays, store closures etc. may apply. Tank in its absolute discretion may change or amend a benefit or reward, including ceasing the benefit or reward, without notification. Tank is not responsible for any late, lost, misdirected, damaged or undeliverable benefits and rewards.

Benefits and rewards can be earned for purchases made online (on the website or via app) or at Tank stores (via the kiosks or the POS). Benefits and rewards cannot be earned or redeemed against purchases made through third party providers, delivery services or other goods or services as communicated by Tank from time to time.

You may receive personalised offers that are only available to you and other select members, as determined by Tank. Certain benefits and rewards may not be available to all Tank Members because of age, or legal requirements. It is at Tank’s absolute discretion whether to supply you with these or any benefits or rewards.

Personal information collected by Tank will be used to communicate with you as a Tank Member and provide you with benefits and rewards under the Program. Participation in the Program is conditional to you providing the required personal information. You consent to receiving marketing communications via email or through the Tank App, unless you advise us otherwise and you agree to the release of your personal information to authorised third parties as necessary to carry out the Program. For details of our privacy practices including how we collect, use, and disclose personal information and how to make a complaint regarding the management of your personal information, please read our Privacy Policy at https://www.tankjuice.co.nz/privacy-policy.

It is the responsibility of the Tank Member to advise Tank of any change of account details including name, email, mobile number etc as soon as practicable after the change. Updates can be made on the Tank Rewards App or by contacting Tank directly via https://www.tankjuice.co.nz/contact-us, further verification requirements may be required. Tank is not responsible for any late delivery or loss of benefits or rewards to Tank Members relating to any failure by you to notify us of any change in your details.

Tank Members are responsible for all activity in the account including any activity by a third party. Individuals cannot share or have multiple individuals use or redeem the same Tank Member Account. Only one account can be linked in the Tank Rewards App.

Tank is not responsible for any unauthorised use or access of a Tank Member’s account including through the Tank Members barcode and redemption of benefits and rewards by third parties, including the unauthorised use of a reward code sent to a Tank Member. It is each Tank Member’s responsibility to protect their account from misuse or access.

Tank reserves the right, at any time, to verify the validity and status of actual or prospective Tank Members, registrations, verification of account details and any benefits or rewards issued and redeemed, including a Tank Member’s identity, age, email, and mobile phone number.

In the instance of a dispute of identity (including name, age, email, or mobile phone number) of an actual or prospective Tank Member, Tank reserves the right, in its absolute discretion, to reject or determine the identity of the member.

TankMembers must not provide false or misleading information to Tank and must not alter, reproduce, disclose, or interfere with the details of other Tank Members including prospective members.

Use of the Tank Rewards App may be dependent on certain hardware and software to operate, use or access any part of your account including benefits and rewards. Tank is not responsible for a Tank Member’s inability to access the Tank Rewards App due to incompatible hardware or software.

Tank reserves the right, in its absolute discretion and without prior notice, to remove benefits or offers, terminate, or disqualify any Tank Member Tank has reason to believe has contravened these terms or has tampered or compromised any part of the Program that could jeopardise the fair and proper conduct of the Program. Failure by Tank to enforce any of its rights at any stage does not constitute a waiver of those rights. Tank legal rights to recover any loss, damages or other compensation from such offender are reserved.

Membership to the Program is free however all expenses for internet access to use the Tank Rewards App, access the Program website, or access benefits and rewards offered are the responsibility of the Tank Member.

Tank may terminate the Program at any time, with or without notice, which may result in loss of benefits and rewards and the cancellation of all benefits and rewards associated with the Program. Benefits and rewards are not your property and may be revoked, cancelled, limited, or modified at any time, even though such action may affect your right to use previously received benefits and rewards. Interpretation of these terms shall be at the absolute discretion of Tank, whose decision will be final. Tank is not liable for benefits and rewards that are lost due to fraudulent, unauthorised, or other unacceptable use. Should theProgram be suspended or cancelled at any time, a notification will be placed on the Tank website, at a minimum.

It is Tank’s decision in relation to all matters arising under this Program is final and binding, and no correspondence will be entered. Any tax liability connected with receipt, use or redemption of any benefit or reward under the Program is the responsibility of the Tank Member.

Events beyond Tank’s control which may materially affect our ability to perform, may cause us to suspend or terminate the Program. Tank is not responsible for such instances including without limitation any injury or damage to you or any other person’s computer related to or resulting from participation in or downloading of any materials in the Program.

TheseTerms are to be read in conjunction with, and subject to, any additional Terms governing any benefit, promotion, discount or offer operated by Tank. In the case of any inconsistencies, these will prevail.

To the extent permitted by law, Tank will not be liable for any damages, loss or claim that you may suffer or incur (including but not limited to consequential loss) because of your use of the Program. The Program including all benefit sand rewards is provided as supplied without any warranties of any kind either expressed or implied. Tank disclaims all warranties of merchantability, non-infringement, and fitness for a purpose or that the Program will be error-free or free from harmful code.

By reason of occasional technological difficulties, and to the extent permitted byNew Zealand Law, Tank will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Program including the Tank Rewards App or inability to use the Program even if we have been advised of the possibility of damages. You release Tank, its officers, contractors, employees and agents against all loss, claims, costs, demands, damages, and liabilities related to use or inability to use the Program.

In addition to your agreement with the Terms of Use, and notwithstanding anything to the contrary, the following provisions apply with respect to your use of any mobile application version of the Website compatible with the iOS operating system of Apple Inc. (Apple) and/or Android, and the App.

Apple and Android are not a party to this Agreement and do not own and are not responsible for the App. Apple and Android are not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple andAndroid are not responsible for maintenance or other support services for theApp and shall not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.

Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Tank. The license you have been granted is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system or another branded product that runs the Android operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth inApple’s App Store Terms of Service or Microsoft’s respective terms.


You must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Microsoft and any subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

By using the App, you agree that all the terms and conditions found herein apply to your use of the App. Additionally, you agree that the App may send you push notifications if you turn on receipt of notifications and/or sign up to receive notifications. You acknowledge that your use of the App may require use of your data plan from your cellular provider.  You are responsible for payment of all data usage accrued based on your use of the App, and Tank disclaims all responsibility for such data usage. In addition, if you allow theApp to utilise location services, the App may suggest to you and collect from your certain information based on your geographic location.

By creating an account through the App, you agree that Tank may send you text messages as part of our normal business operation which relates to your use of our Services and/or ordering our Products. You can opt out from such text messages at any time.

Licence

Subject to your compliance at all times with these Terms of Use and any other terms notified to you in a written agreement between you and us, Tank grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable licence to:  

- access and use the App on your personal device solely and exclusively in connection with your use of the Services; and  
- access and use any content, Information and related materials made available through the Website or App.

Disclaimer

The Information is provided by Tank in good faith on an “as is” basis without warranty of any kind. Tank does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information contained on the Website (collectively, the Information), or that it is suitable for your intended use.

You agree and acknowledge that you have not made known to Tank either expressly orby implication, any purpose for which you require the Website, and you have the sole responsibility of satisfying yourself it is suitable for your intended use.

The Information provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, complete or timely sources of information and relating it to your personal, financial and/or health circumstances.

The Website may contain historical Information that is not current and is provided for reference purposes only.

The Information does not constitute professional advice.

Tank does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of the Website and the Information is at your own risk.

Tank reserves the right to vary or modify the Information contained on the Website, to change or discontinue any feature or part of the Website, to change the hours of availability and the equipment required to obtain access to the Website, without notice and without liability.

Tank makes no warranties, guarantees or representations that the material on the Website will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check and similar checks on any Information downloaded.

All warranties, representations and implied terms and any liability which may arise in relation to your access to the Website or the Information are expressly excluded to the extent permitted by law.

Tank reserves the right to suspend or terminate your access to the Website at its sole discretion for any reason.

Tank will use reasonable endeavours to ensure that the Website is available continuously.

However, Tank does not guarantee that access to the Website will be continuous or uninterrupted.

Allergens & vegan products

Tank will endeavour to provide allergen-free, gluten free, vegetarian or vegan products if requested by you in respect of an order. However, traces of allergens, gluten, meat and dairy may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee that your order will be 100% allergen, gluten, meat or dairy free but we will endeavour to ensure your order is at it was ordered.

Indemnity & limitation of liability

You agree to defend, indemnify and hold harmless Tank from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses(including but not limited to legal fees) arising from or in connection with: (i) your use of and access to the Website and App (including any online ordering applications); (ii) your violation of any term of these Terms of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.

To the extent permitted by law, Tank, its directors, employees, contractors and representatives will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) theInformation, any opinions displayed on the Website, or any information made available in response to any enquiries or the selection of goods or services referring to it.

To the extent permitted by law, Tank will not be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Website results in the need for servicing or replacing of any equipment, Tank will not be liable for those costs to the extent permitted by law.

Where liability cannot be excluded, to the extent permitted by law, any liability incurred by Tank is limited to the re-supply of the Information on the Website, or the reasonable costs of having the Information re-supplied.

Links to other sites

You may from time to time be able, through hypertext or other computer links, to gain access to other websites operated either by Tank, its affiliates (Linked Sites) or other third parties (Third Party Linked Sites). 

TheLinked Sites may have different terms of use and policies relating to privacy.

Unless otherwise specified, the Third Party Linked Sites are not under Tank’s control. The Third Party Linked Sites may have different terms of use and policies relating to privacy and may be subject to different laws. Tank is not responsible for the content of any Third Party Linked Sites, or any changes or updates to such sites. Tank provides these links for your convenience only. You link to any such Third Party Linked Sites at your own risk. Tank is not a party to any transaction between you and a Third Party Linked Site.Unless specified, Tank does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Third Party Linked Sites.

Intellectual property

The copyright on the Website is owned by Tank and/or its affiliates. All present and future rights are reserved.

You acknowledge and agree that all content, coding, graphics, images, animations and Information available on this Website is protected by copyright, trade mark or other intellectual property rights and laws.

No part of the Information displayed on the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Tank’s prior written consent. However, you may download and print these Terms of Use for your personal non-commercial use.

You expressly acknowledge that your use of the Website does not result in you gaining any right, title or interest to the Information or any other aspect of the Site.

Commercial use of the Website and the Information is expressly prohibited.

All trademarks and trade names which appear on this Website are proprietary to Tank and/or its affiliates. Use of these trademarks without the owner’s consent will infringe the owner’s intellectual property rights.  Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trademarks except with the express written consent of the respective owner.

Interpretation and miscellaneous provisions

These Terms and the relationship between us shall be governed and construed in accordance with New Zealand law. Any disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts in the New Zealand.

If any provision of these Terms are found by a court of competent jurisdiction to be invalid (including because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to our respective intentions as reflected in these Terms.

The termination of any contract created by these Terms will be without prejudice to any other rights or remedies a party may be entitled to under these Terms or otherwise at law, and will not affect any of our accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which expressly or by implication intended to come into or continue in force on or after such termination.

Contact us

If you have questions about these Terms, ourPrivacy Policy, the Content, the App, the Tank Rewards Loyalty Program, theOnline Ordering Platforms or any documents incorporated by reference in theseTerms, please contact us at marketing@tankjuice.co.nz or using the details on our Website.

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