Acceptance of Terms.
By registering with Kiwi Cash and choosing to use our Services we
provide, you agree to accept and abide by these terms. You also accept to abide by the rules
that apply to the use of the individual Sites. If you do not accept these terms and conditions
and the rules of the individual Site, you are not authorised to use the Kiwi Cash Card, our
Services or any Site.
Changes to Terms.
We reserve the right to make changes to our website, the Services we
provide and these terms and conditions without prior notification. These terms and
conditions replace any previous published terms related to the use of the Kiwi Cash Card and
In these terms and conditions the following expressions are used:
- "we", "us", "our" refer to Kiwi Cash Limited;
- "you" or "your" refer to you, the user;
- "Services" means providing you with a Kiwi Cash Card and the ability to access all of
the amenities available at any site displaying the Kiwi Cash logo;
- "Site" means the freedom camping location where you use your Kiwi Cash Card
What we provide.
Through the use of the Kiwi Cash Card, we provide you with the ability to
access the amenities at any Site displaying the Kiwi Cash logo.
Each Site sets its own charges for the use of the amenities and will vary from
Site to Site.
You warrant that you will provide, or you have provided, complete, accurate
and current personal information when registering to obtain a Kiwi Cash Card. We may
contact you to verify your details.
Kiwi Cash Card.
- Kiwi Cash is a prepay service. Credit may be purchased online using a credit card or
other payment method (where available) or in some cases obtained directly from Kiwi
- You may add credit to your Kiwi Cash Card up to a maximum of $500.
- The credit on your Kiwi Cash Card is not transferable to anyone else.
- We will not provide refunds for credit less than $50.
- When your credit is exhausted, you will not be able to continue to use our Services
until your account has been credited.
- If your credit is exhausted while staying at a Site, you must add sufficient credit to
your Kiwi Cash Card to pay for any amount owed that is in arrears, before you will be
allowed to exit the Site
- If your Kiwi Cash Card has not been used for a period of 6 months, your account is
deemed to be abandoned. Any credit remaining on your Kiwi Cash Card will be
retained by us and your account/user ID will be terminated.
- Your user ID will be kept securely but may be released to an operator of a Site if you
damage the Site amenities either wilfully or negligently.
- The Site operator has the right to ban you from a Site and we may prevent you from
using your Kiwi Cash Card, if wilful damage is proven. In such an instance no refund
will be provided.
- To help us prevent fraud and to ensure that excessive use of our Services does not
prevent others from enjoying our Services we monitor and control data volume
and/or types of traffic transmitted via our Services.
- We may contact you either by email, telephone of by push notification to provide
advertising material or relevant local information.
- We may contact you if there is a civil defence emergency.
- We reserve the right to modify our prices at any time.
At your own risk.
You use our Services at your own risk. The Kiwi Cash network is a
collection of independently operated sites. Services start when you first register your Kiwi
Cash profile. You are solely responsible for ensuring that any equipment (such as laptop or
mobile device) used to access our Services meets the minimum requirements, is suitable for
use with our Services and is adequately protected against viruses.
Reliability of Network.
While we will do our best to make sure our Services are available to
you at all times, our Services may be impaired by geographic, atmospheric or other
conditions or circumstances beyond our control. We take no responsibility for any network
The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other
statutes may impose warranties, conditions or obligations upon us which cannot by law (or
which can only to a limited extent by law) be excluded. Other than as expressly provided for
in these Terms, we exclude all such imposed warranties, conditions or obligations to the
extent permitted by law and exclude any warranty, condition or obligation imposed or
implied under common law, equity or otherwise.
Limitation of Liability.
- Except as expressly otherwise provided in clause 11 we are not liable for any loss or
damage or liability of any kind whatsoever (including consequential loss of lost profit
or business as well as lost or destroyed data or software or the misuses of your
username and/or password) whether suffered or incurred by you or another person
and whether in contract, or tort, or otherwise and whether such loss or damage arises
directly or indirectly from the Services provided by us to you.
- We do not take responsibility for any accident or injury which may occur at any site.
- You are wholly responsible for your account and shall be fully liable for all activities
carried out under your account.
Misuse of Services.
You shall ensure that you use our Services in a reasonable manner and
do not abuse them. You accept that we may restrict your ability to use our Services if you
use the Services in an unreasonable and/or excessive manner, as determined by us in our
sole discretion. You are responsible for the way the Services are used. When using the Kiwi
Cash wireless system to access the internet you agree to abide by all relevant New Zealand
law relating to internet use.
You must not do any of the following acts or allow anyone else to do
the following acts via your device in relation to the Services:
- Allow any other person to use your Kiwi Cash Card or disclose information to others
that would enable them to gain access to your Kiwi Cash Card and Kiwi Cash account.
- Send a message or communication that is offensive, abusive, defamatory (i.e.
damages someone's reputation), obscene, menacing or illegal;
- Cause annoyance, nuisance, or inconvenience o of any other person;
- Perform any illegal activity;
- Break, or try to break, the security of anyone else's equipment/device, or software;
- Upload, download, post, publish or transmit any information, material or software
that is protected by copyright or other ownership rights without the permission of its
- You must not use the Services in a manner that will or is likely to adversely affect how
we provide our Services to you or any of our customers.
Anti-Social Behaviour and Damage to Site.
If you display anti-social behaviour or disrupt
other users of a Site, or cause damage to a Site you will be asked to leave. Additionally we
may prevent you from using your Kiwi Cash Card and may not provide you with a refund for
any credit remaining. We may also require you to pay for the costs for any damage before
you leave a Site.
You agree to release, indemnify and to keep us indemnified from all actions,
claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or
demands suffered or incurred by us to any person arising out of or in connection with your
failure to comply with these terms and conditions.
- We collect personal information from you, including information about your:
- Name, date of birth and nationality
- contact information
- computer or network
- interactions with us
- billing or purchase information
- We collect your personal information in order to:
- better provide our Services and better determine who uses our Services
- provide Site operators with the information they need to enforce their Site rules
and for statistical analysis of who uses the Sites
- Besides our staff, we share this information with:
- Site Operators in order to enforce Site Rules; and
- With others if required:
- To do so by law or in a good faith belief that such action is necessary to
comply with the law or legal process served on us or Site operators;
- To protect and defend our rights or property or the rights or property of
the Site operators; and
- To act in urgent circumstances to protect the personal safety of users of
the Sites , or the public.
- You are under no obligation to provide the information requested but if you fail to do
so you will not be able to obtain a Kiwi Cash card or access our Services.
- All information will be held by us at 3516 State Highway 1, Blenheim. You can contact
us by email or telephone to confirm how you can inspect the information we hold
about you, and if you believe any of the information is incorrect, you may request us
to correct it.