Terms and Conditions

These Terms & Conditions (“Terms”) set out the rules of participation in any Battery Town Promotions. By entering a Promotion (“The Promotion”), you guarantee that you have the authority to accept these Terms and you agree to be bound by the Terms. In the event of any dispute regarding the Terms or the conduct, results and all other matters relating to the Promotion, Battery Town’s decision will be final and binding and no correspondence or discussion will be entered into. The “Go-To-Town” promotion will run from 07:30 on 4 May 2021 to 00:00 on 24 May 2021 (the “Promotion Period”).

Qualifying Entrants

You must be at least 18 (eighteen) years of age and a legal resident of New Zealand in order to be eligible to enter the Promotion (“Qualifying Entrants”). The Promotion is only open to Qualifying Entrants who, on the date of entry, are legal residents of New Zealand and is void in any other country. All entries received outside of the Promotional Period will be disqualified from entry. Battery Town shall not be taken to make any representations, express or implied, as to the lawfulness of any individual’s participation, or as to any other aspect of the Promotion. Battery Town reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, place of residence and employment) and to disqualify any entrant who submits an entry that is not in accordance with these Terms. Errors and omissions may be accepted at Battery Town’s discretion. Failure by Battery Town to enforce any of its rights at any stage does not constitute a waiver of those rights. If there is a dispute as to the identity of an entrant, Battery Town reserves the right, in its sole discretion, to determine the identity of the entrant.

Rules of Entry

The Promotion must be entered as per any instructions. Incomplete or indecipherable entries will be deemed invalid and Battery Town accepts no responsibility for entries which are incomplete, illegible, lost or delayed in transit. Where registrations are required they are subject to acceptance by Battery Town. The entrant agrees that Battery Town shall not be liable as a result of any refusal or failure to accept a registration and no compensation shall be payable to any person in consequence of such action.

Winner of the prize draw will be drawn from all eligible entries validly submitted. The decision by Battery Town as to the Winner shall be final. Battery Town may withdraw the Promotion at its discretion. The Winner will be notified via email and/or telephone within 5 [five] working days of the draw using the contact details provided at the time of entering the Promotion.

Prizes

A Prize (“The Prize”) includes nothing other than that expressly stated which is 1x Maverick Cruiser E-bike.

Proof of age may be required before the Prize can be given. Battery Town reserves the right to substitute the prize for another prize of equal or greater value, should the need reasonably arise. Prizes are non-transferable except as set out in the Promotion conditions and cannot be sold, encashed or given away in any circumstances.

Prizes cannot be used for commercial or promotional purposes. The Prize is non-transferable and subject to availability. If a Winner is unable to utilise the Prize no cash alternative will be provided. All other expenses associated with redeeming the Prize (including but not limited to postage, courier, other than as provided for under these Terms), travel insurance and any other incidental costs and expenses shall be borne by and are the responsibility of the Winner.

Battery Town shall not be liable for any failure to comply with their obligations where such failure is caused by events outside their reasonable control, including but not limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots or any other circumstances amounting to force majeure. Battery Town accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by the Winner as a result of entering or participating in the Promotion or accepting the Prize.

In the event that a Winner cannot be contacted; fails to confirm acceptance of the Prize within 5 (five) working days of receiving notification; or is ineligible for entry into the Promotion then Battery Town reserves the right to substitute them with another Qualifying Entrant of its choice. In the event that a Prize is unclaimed, another draw will take place at HCB Technologies Ltd, 19 Timberly Road, Auckland Airport, New Zealand, subject to any written directions from a regulatory authority. The Winner will be notified by email within 2 [two] working days of the draw. Battery Town takes no responsibility for incorrect contact details provided by the Winner.

Taxes

Any valuation of the Prize shall be based on information available to Battery Town as at the date of the Promotion and the value of the Prize may be disclosed by Battery Town where required by law for tax purposes. The Winner is solely liable for reporting and paying any and all applicable taxes including but not limited to, personal tax, service tax and other entertainment tax due as a result of the Prize and Battery Town accepts no responsibility for any tax implications arising as a result of the Prize.

Personal Information

Battery Town collects and uses the Qualifying Entrant’s personal information (the “Data”) in order to conduct the Promotion and may, for this purpose, disclose or transmit such information to third parties rendering services in relation to the Promotion. By entering the Promotion and providing the Data the Qualifying Entrant authorises Battery Town to collect and process the Data in this manner. In entering the promotion, the Qualifying Entrant authorises Battery Town to retain and use the Data and to transmit the Data to and/or to share it with: Battery Town branches, authorised agents, Bapcor other companies and/or brands, anyone to whom Battery Town transfers their rights and duties, third party companies offering related services (including, for example, car rental, hotels, limousines, transfers, ancillary services), governments and government agencies, credit card and other payment card companies, and airlines or providers of such related services. Battery Town may also retain the Data for other direct marketing and Battery Town undertakes to collect, process, store, save and transfer the Data in compliance with relevant data protection legislation in force from time to time. In processing the Data Battery Town may transfer it to countries which may not afford the same level of protection. The Winners agree to participate in such reasonable publicity as may be requested by Battery Town. The Winners agree to the publication of their respective name, business name and town/region in connection with the Promotion. If the Qualifying Entrant would like to know what Data Battery Town is holding about them and/or correct the Data that Autolign hold about them they should contact Battery Town Head Office.

Battery Town Liability

Battery Town will not be liable to perform any of its obligations under these Terms where it is unable to do so as a result of circumstances beyond its reasonable control including but not limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots or any other circumstances amounting to force majeure. Battery Town accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature however arising. Battery Town accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by the Winner or where applicable the guest as a result of entering or participating in the Promotion or accepting the Prize. This exclusion does not include any liability for death or personal injury caused solely by the negligence of Battery Town. Participants enter the Promotion at their own risk and agree to indemnify Battery Town against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors’ fees) and any claim arising from a participants own actions in any way in connection with the Promotion or a breach of a participants obligations hereunder.

General

Participation in the Promotion does not confer on the entrant any rights in or over any intellectual property arising in connection with the Promotion. Any Terms which are held to be invalid in any jurisdiction shall whenever allowed by the context be deemed to be replaced by such valid and enforceable Terms & Conditions whose contents are as close as permissible to those of the invalid or unenforceable Terms. Battery Town reserves the right to modify or vary the Promotion and/or these Terms at any time. These Terms shall be governed by and construed in accordance with laws of New Zealand, and as applicable Australia, and the New Zealand courts shall have exclusive jurisdiction in relation to any disputes arising.

Privacy Policy – Australia and New Zealand

Bapcor Ltd (ACN 153 199 912) and its related companies in Australia and New Zealand ("Bapcor", "we", "us", "our") is committed to complying with applicable privacy laws in relation to the personal information that we collect in the course of running its business. Where applicable privacy laws provide for exceptions or exemptions, we may rely on those exceptions or exemptions in our information handling practices. In this document, "personal information" has the meaning given by applicable privacy laws, and (in summary) means information or an opinion about an identified individual or an individual who is reasonably identifiable.

Please take a moment to read this Privacy Policy as it explains how we manage personal information including our obligations and your rights in respect of our dealings with your personal information. Some of our stores are run by franchisees that are independent of Bapcor and may have privacy policies which differ from ours ("Franchisees"). Franchisees are responsible for their own privacy policies and privacy practices.

If you have a query regarding the privacy practices of a Franchisee, please contact the Franchisee directly for further information. We may update this Privacy Policy from time to time. The date it was last updated is set out above.

1. Collection

Bapcor will collect personal information by lawful and fair means and only when it is necessary for one or more of our business functions or activities or otherwise permitted by applicable privacy laws. If required by applicable privacy laws, whenever we collect your personal information we will advise you as soon as practicable of:

  • the reason for the collection
  • to whom we may disclose the information
  • the main consequences of not disclosing the personal information
  • such other matters required by applicable laws

We will generally collect information for the purposes of keeping you informed about our businesses, contacting you about our products and services, and those of the Bapcor group. We may collect personal information directly from you through some of the following means:

  • when you purchase goods or services or conduct business with us;
  • when you contact us by email, telephone, in person or other means;
  • via one of our websites or when you deal with us online (including through social media);
  • via CCTV cameras located at our stores and premises that you attend;
  • when you enter one of our competitions or promotions; and
  • when you apply for a job or other position with us.

Where it is reasonably practical to do so, we will collect your personal information directly from you. However, in certain cases we may collect personal information about you from third parties, including:

  • publicly available sources;
  • our Franchisees that you deal with;
  • our suppliers, contractors and business partners;
  • referees, if you apply for a position as an employee or contractor with us;
  • if you were a customer of or had dealings with a business we purchase, from the seller of that business; and
  • market research agencies, for example where you participate in a survey.

2. Types of personal information we typically collect

The types of personal information we collect from you will depend on the circumstances for which the information is collected and may include your identity, name, address and other contact details (such as email and phone numbers), billing information your history of purchases and use of our products and services and details of enquiries you make with us. We will also collect personal information you provide to us, including when you use our websites, in application forms, in orders, through our social media and in any other way. If you are an individual contractor, we may collect information relevant to your engagement with us including qualifications, length of engagement, résumé, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of our equipment (eg phones, computers and vehicles).

We only collect sensitive information (such as health information, and information about a person's racial or ethnic origin, sexual orientation, religious beliefs or affiliations and criminal record) about you with your consent, or otherwise where permitted or required by applicable privacy laws. If you deal with us online, we may:

  • record details of the device and operating system you use to access the applications;
  • collect information about your geographical location, depending on the permissions granted on your device;
  • collect history and/or usage information.

3. Purposes for which we handle your personal information

As a general rule, we only process personal information for purposes that would be considered relevant and reasonable in the circumstances. The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it.

We will only use and disclose personal information:

  • for the purpose which we had advised we were collecting it;
  • for a purpose which is necessary for the reason the information was given to us;
  • where you have otherwise consented to that use; or
  • where required or permitted by applicable laws.

In general we collect, use and disclose your personal information so that we can do business together and for purposes connected with our business operations. For example, we may we collect, hold, use and disclose your personal information:

  • to confirm your identity;
  • to offer and provide you with our goods and services, receive goods or services from you and manage our relationship with you;
  • manage, administer, and improve those goods and services;
  • to protect the security and integrity of our IT systems, services and premises;
  • to assess your suitability for employment or other relationship with us;
  • to obtain your feedback on our goods and services;
  • to respond to your queries or address any issues or complaints that we or you have regarding our relationship;
  • to comply with our legal and regulatory obligations; and
  • to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner

If you do not provide us with your personal information we may not be able to provide you with our goods or services, communicate with you or respond to your enquiries.

4. Who we disclose your personal information to?

We may disclose your personal information to third parties in connection with the purposes described in section 3 of this Privacy Policy. The types of persons and entities we typically disclose personal information to include (but are not limited to):

  • our Franchisees, for example, to facilitate the fulfillment of any orders you make for goods and services;
  • our suppliers, contractors and other organisations that provide us with technical and support services;
  • our accountants, insurers, lawyers, auditors and other professional advisers;
  • any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
  • within the Bapcor group for purposes connected with our business and relationship with you, and where otherwise permitted by applicable laws; and
  • in the event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors.

We may also disclose your personal information in accordance with any consent you give or where disclosure is authorised, compelled or permitted by law.

If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.

5. Protection of personal information

We will hold personal information as either secure physical records, electronically on our IT systems and in third party cloud services which may be located overseas. Bapcor will take all reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up to date. We use a range of security measures to protect the personal information we hold, including by implementing IT security tools to protect our IT systems and ensuring that employees and third parties with access to records containing personal information are subject to appropriate information security obligations. Bapcor will take all reasonable steps to:

  • protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure; and
  • destroy personal information once it is no longer needed,to the extent required by applicable privacy laws.

 6. Overseas transfers of personal information

We may disclose your personal information to other members of the Bapcor group, our related entities, service providers and agents located overseas, including in Australia (where Bapcor is headquartered) and New Zealand. From time to time we may also engage an overseas recipient to provide services to us, such as cloud services. Please note that the use of overseas service providers to store personal information will not always involve a disclosure of personal information to that overseas provider.

7. Direct marketing

Like most businesses, marketing is important to our continued success. We therefore like to stay in touch with customers and let them know about new offers and opportunities. We may provide you with information about products, services and promotions either from us, or from third parties which may be of interest to you where you have consented to us doing so, or where we are otherwise permitted to do so by law. You may opt out at any time if you no longer wish to receive direct marketing messages from us. You can make this request by contacting our Privacy Officer.

8. Access and correction

You may contact our Privacy Officer (see section 10) to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to any of the personal information about you held by us.

We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing. We will respond to all requests for access to or correction of personal information within a reasonable time.

9. Complaints

If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact our Privacy Officer (see section 10). When contacting us please provide as much detail as possible in relation to your question, concern or complaint. We take all complaints seriously, and will respond to your complaint within a reasonable period. We request that you cooperate with us during this process and provide us with any relevant information that we may need. If you are dissatisfied with the handling of your complaint, you may contact:

Australia:

Office of the Australian Information Commissioner

GPO Box 5218, Sydney, NSW, 2001, Australia

Telephone: 1300 363 992

Email: enquiries@oaic.gov.au

New Zealand:

Office of the Privacy Commissioner

PO Box 10094

Wellington 6143

Telephone: 0800 803 909 (Monday to Friday, 10:00 am to 3:00 pm)

Email: enquiries@privacy.org.nz

10. Contact details

The contact details for our Privacy Officers are as follows:

Australian Privacy Officer

Address: 61-63 Gower Street, Preston, Victoria, 3072, Australia

Email: privacy@bapcor.com.au

Phone: +61 9914 5555

New Zealand Privacy Officer

Address: 21 - 27 Omega St, Rosedale 0632, Auckland, New Zealand

Email: privacy@bapcor.co.nz

Phone: +64 9 414 3200