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Effective Date: 23 October 2024
Terms of Use
What you should know
Welcome to the Budget Trucks New Zealand Website or Budget New Zealand App
DEFINITIONS
“App” refers to any downloadable application (including, a mobile or tablet applications) owned or operated by Budget. References to the “App” include any and all features, functionality, tools and content available on or through each such application.
“Budget,” "us", "we" or "our" refers to Budget Rent a Car Ltd, company number 206956 and our officers, directors, employees, contractors and agents. To the extent applicable, they also refer to our affiliates, service providers and licensors, and their respective officers, directors, employees, contractors and agents.
“Eligible Mobile Devices” means a compatible wireless internet-enabled mobile phone, tablet or other comparable mobile device.
“Website” refers to any website owned or operated by Budget (including the website currently located at truck.budget.co.nz). References to the “Website” include any and all features, functionality, tools and content available on or through each such website.
“You” or “your” means any and all persons or other legal entities that access or use the Website or App. References to “access” and/or “use” of the Website or App (and any variations thereof) include the acts of accessing or browsing the Website or App.
TERMS
Please read these Terms of Use (“Terms”) carefully before continuing with your use of the Website or App. The Website, the App and information on it are controlled and operated by ‘Budget New Zealand’, the trading name of Budget Rent a Car Ltd, company number 206956, which is a subsidiary of Budget Rent A Car System, LLC., located in the United States (“Budget”, "us", "we" or "our").
These Terms, the ABG Privacy Policy - truck.budget.co.nz/en/privacy-policy and, as applicable, the Rental Terms and Conditions - truck.budget.co.nz/en/terms-and-conditions (each as amended from time to time and which are incorporated by reference into these Terms) shall govern the use of the Website or App and apply to all traffic visiting the Website or App. By accessing or using the Website or App, you agree to these Terms.
The use of the features, functionality, tools, content and promotions available on or through the Website or App may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you choose to access or use those features, functionality, tools or content or participate in those promotions, the applicable Supplemental Terms are also incorporated and deemed part of these Terms of Use. If there is a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms will govern and control with respect to the applicable features, functionality, tools, content and promotions.
If you do not agree with these terms, do not use or access the Website or App.
Budget reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting on the Website or App. Every time you wish to use the Website or App, please check these Terms to ensure that you understand the terms that apply at that time. By using the Website or App after we have posted such modifications, alterations or updates you agree to be bound by such revised Terms.
PRIVACY
You may choose to create a customer account through the Website or App. You must keep your log in information secure. You may not transfer your account or your rights under these Terms to another person.
You confirm that the information you provided to Budget on registration, was at the time you provided it current, complete and accurate, and you agree to maintain and update this information.
Budget collects your registration data and certain other information about you in accordance with the ABG Privacy Policy - truck.budget.co.nz/en/privacy-policy and, as applicable, the Rental Terms and Conditions - truck.budget.co.nz/en/terms-and-conditions. The ABG Privacy Policy applies to your use of the Website or App and contains information about how Budget uses your personal information.
ACCOUNTS
While some content on the Website or App are publicly available, you must register for a user account before you are able to use certain features and functions. You may register to create an account directly via the Website or App. You may not register for an account on behalf of any person (other than yourself).
Your account will be created based upon the information you provide to us. You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up to date.
In addition, when opening your account, certain services may also require and/or be subject to:
- (i) a valid credit card on file with Budget;
- (ii) a valid driver’s license on records with Budget;
- (iii) your rental location must offer and support the feature and/or service; and
- (iv) the rental car must support the feature and/or service.
When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. The Website or App will encourage you to use strong passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your Budget account or any other account that you may connect to your Budget account. You agree not to disclose your username or password to any third party, and you agree to immediately notify Budget of any unauthorised use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorised or approved such activities or actions. Budget cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You may cancel your account at any time by contacting our database team on database.bracnz@abg.com. If any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent, Budget may terminate your account.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel your account if you fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the “User Conduct Guidelines” section below and elsewhere in the Terms.
If Budget has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Budget’s reasonable satisfaction.
TERMS RELATED TO THE APP ONLY
In order to use the App, you must:
- (i) have internet access (e.g., Wi-Fi or 3G /4G with a data plan);
- (ii) download the App on your smartphone or tablet;
- (iii) register for a Budget account (as set forth in more detail in the “Accounts” section above); and
- (iv) provide and maintain complete, accurate and up-to-date account information, including contact information for your emergency contacts.
If any of the above requirements are not met, you will not be able to use some or all functions of the App. Certain features and services of the App are only available for members of the Budget Fastbreak program. A membership in Budget Fastbreak is complimentary. In addition to these Terms, Budget Fastbreak members are subject to the Budget Fastbreak Global Rental Terms and Conditions and the Budget Fastbreak Program Terms and Conditions. To learn more and enrol, click www.budget.co.nz/en/loyalty-profile/fastbreak. You can still use limited features of the App without enrolling in the Budget Fastbreak® program.
We reserve the right to add and remove features in our sole discretion. Not all cars or rental locations are equipped to support all features. Certain features may not be available if you change your reservation or return location.
Budget will not charge you for using the App. However, charges will apply for Budget car rental services. Further, your telecommunications services provider may impose data charges when you use the App.
By identifying a mobile phone or other device as an Eligible Mobile Device for use with the App, Budget does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such device. You are responsible for the selection of an Eligible Mobile Device and for all issues relating to the operation, performance and costs associated with such device.
By installing and/or using the App, you:
- (i) consent to your personal data being exported to countries other than the country where you rented the car or downloaded the App, including to the United States of America;
- (ii) acknowledge and agree that wireless and/or internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted;
- (iii) consent to the installation of the App and to its future updates and upgrades. You can withdraw your consent at any time by uninstalling Budget App. To request assistance in the removal or disabling of the App, please contact us at budgetmarketing@abg.com.
- (iv) acknowledge and understand and agree that the App (including any updates or upgrades) will
- cause your device to automatically communicate with our servers to deliver the App’s functionality (described where you downloaded the App at the Apple App Store or Google Play stores) and to record usage metrics,
- affect app-related preferences or data stored in your device, and
- collect personal information as described in our Privacy Notice;
- (v) acknowledge your telecommunications services provider may impose data charges when you use the App or for data charges for the updating or upgrading the App if you have not restricted updates and upgrades to Wi-Fi connections; and
- (vi) acknowledge and agree that from time to time, the App and/or the services may be delayed, interrupted or disrupted for an indeterminate period of time including, without limitation, any inaccuracy, interruption or delay in transmission by the telecommunications services provider used with the Eligible Mobile Device, or any interruption, disruption or failure whether caused by strikes, power failures, equipment malfunctions or other reasons. Budget and its third-party licensors have no obligation to correct any bugs, defects or errors in the App or software, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the App.
- Except as otherwise required by law, Budget may terminate your use of the App and expand, reduce or suspend the type, location and or amounts of transactions allowed using the service, change the enrolment process and transaction limits associated with it from time to time based on security issues and other factors at any time in its sole discretion, without prior notice.
DEVICE GPS
We may collect location markers using the GPS in your device. Knowing approximately where you are helps the Website or App provide you better service, such as finding the nearest Budget rental location near you. This also helps us send you push notifications or other communications based on your location (for example, nearby special offers) and for providing certain services such as arrival and return notifications, providing information about vehicle location, available upgrades, etc. (See Electronic Communications below). We will only share this information with third parties to assist us in providing our services or services you request.
To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information. If you change your mind about sharing your location or receiving push notifications from the App, adjust the settings of your mobile device to turn off transmission of geolocation data or to stop transmission of push notifications at any time. If you do turn these features off, you will not receive information tailored to your location or special location-based offers.
ELECTRONIC COMMUNICATIONS VIA APP
The functionality of the App service relies on electronic communications. You agree that we may send push notifications to your device. You may also opt-into receiving text messages and email messages to the telephone and email addresses that you have registered with us. We may communicate with you using push notifications, text messages and email messages in connection with (i) your rental reservations, (ii) your rental transactions, (iii) your use of Budget Fastbreak (if enrolled), and (iv) offers and promotions that may be of interest to you. You may opt-out at any time from marketing and other communications by changing your communication preferences within the Budget App, by following the instructions in our communication to you, or updating preferences in your profile. You may also contact us at budgetmarketing@abg.com to withdraw your consent. Please note that we may still send you messages about your rental transactions, Budget Fastbreak account status (if enrolled) and operational messages, subject to applicable law.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
All content on the Website or App, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by New Zealand and worldwide copyright laws and treaty provisions, privacy, trade mark and publicity laws, and communication regulations and statutes), and are owned and controlled by Budget or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Budget. Content on the Website or App or any Website or App owned, operated, licensed or controlled by the Providers is provided solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein solely for your personal, non-commercial use only. You may not otherwise modify, use, copy, reverse engineer, adapt, reproduce, store in a retrieval system, republish, upload, post, transmit, sell, distribute, or in any way communicate to the public and/or exploit the content or information in any way (including by e-mail or other electronic means or on any other Website or App or networked computer environment) for any non-personal or commercial use, without the prior written consent of Budget or the Providers (as applicable). You may not use in any way (including by e-mail or other electronic means or on any other Website or App or networked computer environment) for any other purpose, any trademarks, service marks or copyrighted materials appearing on the Website or App, including but not limited to any logos or characters, without our or the relevant Provider’s (as applicable) prior written consent. You may not frame or otherwise incorporate into another Website or App any of the content or other materials on the Website or App without the prior written consent of Budget. You may request consent by emailing us at budgetmarketing@abg.com.
YOUR WARRANTY TO BUDGET
You warrant to Budget that you will not use the Website or App for any purpose that is unlawful or that is prohibited by these Terms, including without limitation attempting to do any of those acts or engaging in or permitting another person to do any of them or any of the below acts:
- (i) posting or transmitting any infringing, threatening, libellous, defamatory, obscene, harassing, offensive, scandalous, inflammatory, pornographic, or profane material on or through the Website or App; or
- (ii) use in a manner or way, or posting to or transmitting to or via the Website or App any material which interferes with our or our other users or our other customers use of the Website or App or which tampers with or hinders the operation of the Website or App and its associated software, hardware and servers (including by transmitting any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website or App or by using any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website or App); or
- (iii) removing any copyright, trademark or other proprietary rights notices contained in or on the Website or App; or
- (iv) creating accounts by automated means or under false or fraudulent pretences; or
- (v) taking any action that imposes or that would in our reasonable opinion result in an unreasonable or disproportionately large load on our infrastructure including (but not limited to) by sending spam or by engaging in other unsolicited emailing techniques; or
- (vi) accessing the Website servers other than by connecting via HTTPS requests using a web browser; or
- (vii) downloading for use and/or accessing the App on devices that are not Eligible Mobile Devices; or
- (viii) using or exporting the materials on the Website or App in breach of any export laws and regulations.
- If you breach any of these Terms, in addition to any other remedies that Budget or its Providers may have, your permission to use the Website or App immediately terminates without the necessity of any notice. Budget retains the right to deny access to anyone at its discretion for any reason, including for breach of these Terms.
LINKS
The Website or App may contain links to other Websites or other apps ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Budget’s control, and Budget is not responsible for, and does not endorse, such content, whether or not Budget is affiliated with the owners of such Linked Sites. The Linked Sites may or may not be affiliated with the Website or App and/or Budget, and may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to Linked Sites is governed by the terms of use and policies of those Linked Sites, not the Website or App.
You may not establish a hyperlink to the Website or App or provide any links that state or imply any sponsorship or endorsement of your Website by Budget, or its affiliates or Providers without the prior written consent of Budget. You may request consent by emailing us at budgetmarketing@abg.com.
USER CONDUCT GUIDELINES
You agree that when you access your account using the Website or App, you will be responsible for your conduct when using the Website or App, regardless whether such access was required for personal , or work related activities. Any time you access or use the Website or App, you are required to comply with our User Conduct Guidelines, as follows:
You are not authorised to access or use the Website or App:
- (i) to impersonate any person or entity, or falsify or otherwise misrepresent your identity, credentials, affiliations or intentions;
- (ii) to collect, store or use any information from or about another User;
- (iii) to “stalk” or harass any other person;
- (iv) to distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters or “pyramid” schemes;
- (v) for political campaigning, recruiting votes or soliciting donations or other support for legislative or other initiatives;
- (vi) to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- (vii) if you are not able to form legally binding contracts (for example, if you are under 18);
- (viii) if you are a person barred from receiving services under the laws of the New Zealand or other applicable jurisdiction; or
- (ix) for any other purposes that are not expressly permitted by the Terms.
Further, you may not:
- (i) access, copy, distribute, share, publish, use or store any Website or App content, for purposes that violate the privacy rights or any other rights of other persons or any other third party, including by disclosing, selling, renting, distributing or exposing any Website or App content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Website or App;
- (ii) access, copy, distribute, share, publish, use or store, or prepare derivative works from any Website or App content that belongs to Budget, another Person or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
- (iii) share your login credentials or transfer your account to another party without our consent;
- (iv) circumvent our systems, policies, determinations as to your account status, including by attempting to access or use the Website or App if your account has been suspended or cancelled or you have otherwise been temporarily or permanently prohibited or blocked from using the Website or App;
- (v) access, search, collect information from, or otherwise interact with the Website or App by “scraping,” “crawling” or “spidering” the Website or App, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by Budget, unless you have been specifically authorised to do so in a separate agreement with Budget;
- (vi) use, display, mirror or frame the Website or App, or any feature, functionality, tool or content of the Website or App, Budget’s name, any Budget trademark, logo or other proprietary information, without Budget’s express written consent;
- (vii) interfere with, disrupt, damage or compromise the Website or App or our systems or the access of any person, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Website or App or otherwise imposing an unreasonable or disproportionately large load on the Website or App;
- (viii) access, tamper with or use non-public areas of any of the Website or App, Budget’s computer systems, or the technical delivery systems of Budget’s providers;
- (ix) probe, scan, or test the vulnerability of any system or network of Budget or its providers, or breach or circumvent any security or authentication measures of such system or network;
- (x) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Budget or any of Budget’s providers or any other third party to protect the Website or App;
- (xi) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website or App to send altered, deceptive or false source-identifying information;
- (xii) attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Website or App;
- (xiii) export or re-export the Website or App, except in compliance with the export control laws and regulations of any relevant jurisdictions;
- (xiv) otherwise abuse the Website or App or breach the Terms; or
- (xv) attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
DISCLAIMER OF WARRANTIES AND LIABILITY
Any rights or remedies which you may be entitled to under New Zealand Consumer Law, arise independently of these Terms and nothing in these Terms limits any claim you may have under New Zealand Consumer Law. You may be entitled to remedies that cannot be excluded under New Zealand Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under New Zealand Consumer Law.
The following applies without excluding, restricting or modifying the rights and remedies to which you may be entitled under certain provisions of the New Zealand Consumer Law or Budget’s liabilities under those provisions.
The Website or App and all content on the Website or App is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permitted by the law, Budget does not warrant or make any representations, express or implied, regarding the results that may be obtained from the use of the Website or App or any Linked Sites, or as to the reliability, completeness, security, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of the Website or App or any Linked Sites.
Other than those warranties which under New Zealand law are applicable to these Terms and are implied by applicable law and incapable of exclusion, restriction, or modification, Budget disclaims any and all warranties of merchantability and fitness for a particular purpose. Budget, its affiliated or related entities, the Providers, and any person involved in the creation, production, and distribution of the Website or App do not warrant that the functions contained in the Website or App will be uninterrupted, secure or error-free, that defects will be corrected, or that the servers that make the content available will be free of viruses or other harmful components. You expressly agree that use of the Website or App is at your sole risk. You (and not Budget) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither Budget, nor its affiliated or related entities (including its Providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of the Website or App, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of the Website or App or any other linked site. Without limiting the generality of the foregoing, Budget and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on the Website or App. You expressly acknowledge and agree that Budget is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Budget’s liability is limited to the greatest extent permitted by applicable law. Our liability to you for loss or damage of any kind arising out of these Terms or in connection with the relationship established by these Terms is reduced to the extent (if any) that you cause or contribute to the loss or damage.
INDEMNIFICATION
You are fully responsible for how you use the Website or App and for all use and activity conducted using your log in information or otherwise in connection with your account. You will be responsible for every transaction made using your log in information. You release Budget from and renounce any claim in respect of or arising from any reasonable reliance by Budget upon any use of your log in information, including Budget disclosing information relating to your registration and/or affairs with Budget. You agree to indemnify, defend, and hold harmless Budget and the Providers, its and their officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of Budget and its Providers, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
JURISDICTION
Budget makes no representation that content in its Website or App is appropriate or available for use in any location other than New Zealand. Those who choose to access the Website or App from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by, construed and enforced in accordance with the laws of New Zealand.
WEBSITE DISPUTES
Any action you, any third party or Budget, brings to enforce these Terms, or in connection with any matters related to the Website or App, shall be brought only in the courts of New Zealand, and courts hearing appeals from those courts and you expressly consent to the exclusive jurisdiction of those courts. If at any time Budget does not enforce any of these Terms or grants you time or other indulgence, we will not be construed as having waived that term or condition or Budget’s rights to later enforce that or any other term or condition.
SEVERABILITY
If any provision of these Terms shall be determined as unlawful, void or for any reason unenforceable in a jurisdiction, then that provision shall be deemed severable from these Terms for that jurisdiction and shall not affect the validity and enforceability of any remaining provisions or in any other jurisdiction.
NO RELATIONSHIP
These Terms will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between Budget and you.
ENTIRE AGREEMENT
These Terms contain all the terms of your agreement with Budget relating to your use of the Website or App. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. In the event that any inconsistencies exist between these Terms and any future published terms of use, the last published Terms or terms of use shall prevail.
Any rights not expressly granted herein are reserved by Budget.
Effective Date: 23 October 2024
Terms of Use
What you should know
Welcome to the Budget Trucks New Zealand Website or Budget New Zealand App
DEFINITIONS
“App” refers to any downloadable application (including, a mobile or tablet applications) owned or operated by Budget. References to the “App” include any and all features, functionality, tools and content available on or through each such application.
“Budget,” "us", "we" or "our" refers to Budget Rent a Car Ltd, company number 206956 and our officers, directors, employees, contractors and agents. To the extent applicable, they also refer to our affiliates, service providers and licensors, and their respective officers, directors, employees, contractors and agents.
“Eligible Mobile Devices” means a compatible wireless internet-enabled mobile phone, tablet or other comparable mobile device.
“Website” refers to any website owned or operated by Budget (including the website currently located at truck.budget.co.nz). References to the “Website” include any and all features, functionality, tools and content available on or through each such website.
“You” or “your” means any and all persons or other legal entities that access or use the Website or App. References to “access” and/or “use” of the Website or App (and any variations thereof) include the acts of accessing or browsing the Website or App.
TERMS
Please read these Terms of Use (“Terms”) carefully before continuing with your use of the Website or App. The Website, the App and information on it are controlled and operated by ‘Budget New Zealand’, the trading name of Budget Rent a Car Ltd, company number 206956, which is a subsidiary of Budget Rent A Car System, LLC., located in the United States (“Budget”, "us", "we" or "our").
These Terms, the ABG Privacy Policy - truck.budget.co.nz/en/privacy-policy and, as applicable, the Rental Terms and Conditions - truck.budget.co.nz/en/terms-and-conditions (each as amended from time to time and which are incorporated by reference into these Terms) shall govern the use of the Website or App and apply to all traffic visiting the Website or App. By accessing or using the Website or App, you agree to these Terms.
The use of the features, functionality, tools, content and promotions available on or through the Website or App may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you choose to access or use those features, functionality, tools or content or participate in those promotions, the applicable Supplemental Terms are also incorporated and deemed part of these Terms of Use. If there is a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms will govern and control with respect to the applicable features, functionality, tools, content and promotions.
If you do not agree with these terms, do not use or access the Website or App.
Budget reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting on the Website or App. Every time you wish to use the Website or App, please check these Terms to ensure that you understand the terms that apply at that time. By using the Website or App after we have posted such modifications, alterations or updates you agree to be bound by such revised Terms.
PRIVACY
You may choose to create a customer account through the Website or App. You must keep your log in information secure. You may not transfer your account or your rights under these Terms to another person.
You confirm that the information you provided to Budget on registration, was at the time you provided it current, complete and accurate, and you agree to maintain and update this information.
Budget collects your registration data and certain other information about you in accordance with the ABG Privacy Policy - truck.budget.co.nz/en/privacy-policy and, as applicable, the Rental Terms and Conditions - truck.budget.co.nz/en/terms-and-conditions. The ABG Privacy Policy applies to your use of the Website or App and contains information about how Budget uses your personal information.
ACCOUNTS
While some content on the Website or App are publicly available, you must register for a user account before you are able to use certain features and functions. You may register to create an account directly via the Website or App. You may not register for an account on behalf of any person (other than yourself).
Your account will be created based upon the information you provide to us. You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up to date.
In addition, when opening your account, certain services may also require and/or be subject to:
- (i) a valid credit card on file with Budget;
- (ii) a valid driver’s license on records with Budget;
- (iii) your rental location must offer and support the feature and/or service; and
- (iv) the rental car must support the feature and/or service.
When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. The Website or App will encourage you to use strong passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your Budget account or any other account that you may connect to your Budget account. You agree not to disclose your username or password to any third party, and you agree to immediately notify Budget of any unauthorised use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorised or approved such activities or actions. Budget cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You may cancel your account at any time by contacting our database team on database.bracnz@abg.com. If any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent, Budget may terminate your account.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel your account if you fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the “User Conduct Guidelines” section below and elsewhere in the Terms.
If Budget has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Budget’s reasonable satisfaction.
TERMS RELATED TO THE APP ONLY
In order to use the App, you must:
- (i) have internet access (e.g., Wi-Fi or 3G /4G with a data plan);
- (ii) download the App on your smartphone or tablet;
- (iii) register for a Budget account (as set forth in more detail in the “Accounts” section above); and
- (iv) provide and maintain complete, accurate and up-to-date account information, including contact information for your emergency contacts.
If any of the above requirements are not met, you will not be able to use some or all functions of the App. Certain features and services of the App are only available for members of the Budget Fastbreak program. A membership in Budget Fastbreak is complimentary. In addition to these Terms, Budget Fastbreak members are subject to the Budget Fastbreak Global Rental Terms and Conditions and the Budget Fastbreak Program Terms and Conditions. To learn more and enrol, click www.budget.co.nz/en/loyalty-profile/fastbreak. You can still use limited features of the App without enrolling in the Budget Fastbreak® program.
We reserve the right to add and remove features in our sole discretion. Not all cars or rental locations are equipped to support all features. Certain features may not be available if you change your reservation or return location.
Budget will not charge you for using the App. However, charges will apply for Budget car rental services. Further, your telecommunications services provider may impose data charges when you use the App.
By identifying a mobile phone or other device as an Eligible Mobile Device for use with the App, Budget does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such device. You are responsible for the selection of an Eligible Mobile Device and for all issues relating to the operation, performance and costs associated with such device.
By installing and/or using the App, you:
- (i) consent to your personal data being exported to countries other than the country where you rented the car or downloaded the App, including to the United States of America;
- (ii) acknowledge and agree that wireless and/or internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted;
- (iii) consent to the installation of the App and to its future updates and upgrades. You can withdraw your consent at any time by uninstalling Budget App. To request assistance in the removal or disabling of the App, please contact us at budgetmarketing@abg.com.
- (iv) acknowledge and understand and agree that the App (including any updates or upgrades) will
- cause your device to automatically communicate with our servers to deliver the App’s functionality (described where you downloaded the App at the Apple App Store or Google Play stores) and to record usage metrics,
- affect app-related preferences or data stored in your device, and
- collect personal information as described in our Privacy Notice;
- (v) acknowledge your telecommunications services provider may impose data charges when you use the App or for data charges for the updating or upgrading the App if you have not restricted updates and upgrades to Wi-Fi connections; and
- (vi) acknowledge and agree that from time to time, the App and/or the services may be delayed, interrupted or disrupted for an indeterminate period of time including, without limitation, any inaccuracy, interruption or delay in transmission by the telecommunications services provider used with the Eligible Mobile Device, or any interruption, disruption or failure whether caused by strikes, power failures, equipment malfunctions or other reasons. Budget and its third-party licensors have no obligation to correct any bugs, defects or errors in the App or software, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the App.
- Except as otherwise required by law, Budget may terminate your use of the App and expand, reduce or suspend the type, location and or amounts of transactions allowed using the service, change the enrolment process and transaction limits associated with it from time to time based on security issues and other factors at any time in its sole discretion, without prior notice.
DEVICE GPS
We may collect location markers using the GPS in your device. Knowing approximately where you are helps the Website or App provide you better service, such as finding the nearest Budget rental location near you. This also helps us send you push notifications or other communications based on your location (for example, nearby special offers) and for providing certain services such as arrival and return notifications, providing information about vehicle location, available upgrades, etc. (See Electronic Communications below). We will only share this information with third parties to assist us in providing our services or services you request.
To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information. If you change your mind about sharing your location or receiving push notifications from the App, adjust the settings of your mobile device to turn off transmission of geolocation data or to stop transmission of push notifications at any time. If you do turn these features off, you will not receive information tailored to your location or special location-based offers.
ELECTRONIC COMMUNICATIONS VIA APP
The functionality of the App service relies on electronic communications. You agree that we may send push notifications to your device. You may also opt-into receiving text messages and email messages to the telephone and email addresses that you have registered with us. We may communicate with you using push notifications, text messages and email messages in connection with (i) your rental reservations, (ii) your rental transactions, (iii) your use of Budget Fastbreak (if enrolled), and (iv) offers and promotions that may be of interest to you. You may opt-out at any time from marketing and other communications by changing your communication preferences within the Budget App, by following the instructions in our communication to you, or updating preferences in your profile. You may also contact us at budgetmarketing@abg.com to withdraw your consent. Please note that we may still send you messages about your rental transactions, Budget Fastbreak account status (if enrolled) and operational messages, subject to applicable law.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
All content on the Website or App, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by New Zealand and worldwide copyright laws and treaty provisions, privacy, trade mark and publicity laws, and communication regulations and statutes), and are owned and controlled by Budget or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Budget. Content on the Website or App or any Website or App owned, operated, licensed or controlled by the Providers is provided solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein solely for your personal, non-commercial use only. You may not otherwise modify, use, copy, reverse engineer, adapt, reproduce, store in a retrieval system, republish, upload, post, transmit, sell, distribute, or in any way communicate to the public and/or exploit the content or information in any way (including by e-mail or other electronic means or on any other Website or App or networked computer environment) for any non-personal or commercial use, without the prior written consent of Budget or the Providers (as applicable). You may not use in any way (including by e-mail or other electronic means or on any other Website or App or networked computer environment) for any other purpose, any trademarks, service marks or copyrighted materials appearing on the Website or App, including but not limited to any logos or characters, without our or the relevant Provider’s (as applicable) prior written consent. You may not frame or otherwise incorporate into another Website or App any of the content or other materials on the Website or App without the prior written consent of Budget. You may request consent by emailing us at budgetmarketing@abg.com.
YOUR WARRANTY TO BUDGET
You warrant to Budget that you will not use the Website or App for any purpose that is unlawful or that is prohibited by these Terms, including without limitation attempting to do any of those acts or engaging in or permitting another person to do any of them or any of the below acts:
- (i) posting or transmitting any infringing, threatening, libellous, defamatory, obscene, harassing, offensive, scandalous, inflammatory, pornographic, or profane material on or through the Website or App; or
- (ii) use in a manner or way, or posting to or transmitting to or via the Website or App any material which interferes with our or our other users or our other customers use of the Website or App or which tampers with or hinders the operation of the Website or App and its associated software, hardware and servers (including by transmitting any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website or App or by using any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website or App); or
- (iii) removing any copyright, trademark or other proprietary rights notices contained in or on the Website or App; or
- (iv) creating accounts by automated means or under false or fraudulent pretences; or
- (v) taking any action that imposes or that would in our reasonable opinion result in an unreasonable or disproportionately large load on our infrastructure including (but not limited to) by sending spam or by engaging in other unsolicited emailing techniques; or
- (vi) accessing the Website servers other than by connecting via HTTPS requests using a web browser; or
- (vii) downloading for use and/or accessing the App on devices that are not Eligible Mobile Devices; or
- (viii) using or exporting the materials on the Website or App in breach of any export laws and regulations.
- If you breach any of these Terms, in addition to any other remedies that Budget or its Providers may have, your permission to use the Website or App immediately terminates without the necessity of any notice. Budget retains the right to deny access to anyone at its discretion for any reason, including for breach of these Terms.
LINKS
The Website or App may contain links to other Websites or other apps ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Budget’s control, and Budget is not responsible for, and does not endorse, such content, whether or not Budget is affiliated with the owners of such Linked Sites. The Linked Sites may or may not be affiliated with the Website or App and/or Budget, and may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to Linked Sites is governed by the terms of use and policies of those Linked Sites, not the Website or App.
You may not establish a hyperlink to the Website or App or provide any links that state or imply any sponsorship or endorsement of your Website by Budget, or its affiliates or Providers without the prior written consent of Budget. You may request consent by emailing us at budgetmarketing@abg.com.
USER CONDUCT GUIDELINES
You agree that when you access your account using the Website or App, you will be responsible for your conduct when using the Website or App, regardless whether such access was required for personal , or work related activities. Any time you access or use the Website or App, you are required to comply with our User Conduct Guidelines, as follows:
You are not authorised to access or use the Website or App:
- (i) to impersonate any person or entity, or falsify or otherwise misrepresent your identity, credentials, affiliations or intentions;
- (ii) to collect, store or use any information from or about another User;
- (iii) to “stalk” or harass any other person;
- (iv) to distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters or “pyramid” schemes;
- (v) for political campaigning, recruiting votes or soliciting donations or other support for legislative or other initiatives;
- (vi) to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- (vii) if you are not able to form legally binding contracts (for example, if you are under 18);
- (viii) if you are a person barred from receiving services under the laws of the New Zealand or other applicable jurisdiction; or
- (ix) for any other purposes that are not expressly permitted by the Terms.
Further, you may not:
- (i) access, copy, distribute, share, publish, use or store any Website or App content, for purposes that violate the privacy rights or any other rights of other persons or any other third party, including by disclosing, selling, renting, distributing or exposing any Website or App content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Website or App;
- (ii) access, copy, distribute, share, publish, use or store, or prepare derivative works from any Website or App content that belongs to Budget, another Person or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
- (iii) share your login credentials or transfer your account to another party without our consent;
- (iv) circumvent our systems, policies, determinations as to your account status, including by attempting to access or use the Website or App if your account has been suspended or cancelled or you have otherwise been temporarily or permanently prohibited or blocked from using the Website or App;
- (v) access, search, collect information from, or otherwise interact with the Website or App by “scraping,” “crawling” or “spidering” the Website or App, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by Budget, unless you have been specifically authorised to do so in a separate agreement with Budget;
- (vi) use, display, mirror or frame the Website or App, or any feature, functionality, tool or content of the Website or App, Budget’s name, any Budget trademark, logo or other proprietary information, without Budget’s express written consent;
- (vii) interfere with, disrupt, damage or compromise the Website or App or our systems or the access of any person, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Website or App or otherwise imposing an unreasonable or disproportionately large load on the Website or App;
- (viii) access, tamper with or use non-public areas of any of the Website or App, Budget’s computer systems, or the technical delivery systems of Budget’s providers;
- (ix) probe, scan, or test the vulnerability of any system or network of Budget or its providers, or breach or circumvent any security or authentication measures of such system or network;
- (x) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Budget or any of Budget’s providers or any other third party to protect the Website or App;
- (xi) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website or App to send altered, deceptive or false source-identifying information;
- (xii) attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Website or App;
- (xiii) export or re-export the Website or App, except in compliance with the export control laws and regulations of any relevant jurisdictions;
- (xiv) otherwise abuse the Website or App or breach the Terms; or
- (xv) attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
DISCLAIMER OF WARRANTIES AND LIABILITY
Any rights or remedies which you may be entitled to under New Zealand Consumer Law, arise independently of these Terms and nothing in these Terms limits any claim you may have under New Zealand Consumer Law. You may be entitled to remedies that cannot be excluded under New Zealand Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under New Zealand Consumer Law.
The following applies without excluding, restricting or modifying the rights and remedies to which you may be entitled under certain provisions of the New Zealand Consumer Law or Budget’s liabilities under those provisions.
The Website or App and all content on the Website or App is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permitted by the law, Budget does not warrant or make any representations, express or implied, regarding the results that may be obtained from the use of the Website or App or any Linked Sites, or as to the reliability, completeness, security, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of the Website or App or any Linked Sites.
Other than those warranties which under New Zealand law are applicable to these Terms and are implied by applicable law and incapable of exclusion, restriction, or modification, Budget disclaims any and all warranties of merchantability and fitness for a particular purpose. Budget, its affiliated or related entities, the Providers, and any person involved in the creation, production, and distribution of the Website or App do not warrant that the functions contained in the Website or App will be uninterrupted, secure or error-free, that defects will be corrected, or that the servers that make the content available will be free of viruses or other harmful components. You expressly agree that use of the Website or App is at your sole risk. You (and not Budget) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither Budget, nor its affiliated or related entities (including its Providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of the Website or App, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of the Website or App or any other linked site. Without limiting the generality of the foregoing, Budget and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on the Website or App. You expressly acknowledge and agree that Budget is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Budget’s liability is limited to the greatest extent permitted by applicable law. Our liability to you for loss or damage of any kind arising out of these Terms or in connection with the relationship established by these Terms is reduced to the extent (if any) that you cause or contribute to the loss or damage.
INDEMNIFICATION
You are fully responsible for how you use the Website or App and for all use and activity conducted using your log in information or otherwise in connection with your account. You will be responsible for every transaction made using your log in information. You release Budget from and renounce any claim in respect of or arising from any reasonable reliance by Budget upon any use of your log in information, including Budget disclosing information relating to your registration and/or affairs with Budget. You agree to indemnify, defend, and hold harmless Budget and the Providers, its and their officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of Budget and its Providers, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
JURISDICTION
Budget makes no representation that content in its Website or App is appropriate or available for use in any location other than New Zealand. Those who choose to access the Website or App from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by, construed and enforced in accordance with the laws of New Zealand.
WEBSITE DISPUTES
Any action you, any third party or Budget, brings to enforce these Terms, or in connection with any matters related to the Website or App, shall be brought only in the courts of New Zealand, and courts hearing appeals from those courts and you expressly consent to the exclusive jurisdiction of those courts. If at any time Budget does not enforce any of these Terms or grants you time or other indulgence, we will not be construed as having waived that term or condition or Budget’s rights to later enforce that or any other term or condition.
SEVERABILITY
If any provision of these Terms shall be determined as unlawful, void or for any reason unenforceable in a jurisdiction, then that provision shall be deemed severable from these Terms for that jurisdiction and shall not affect the validity and enforceability of any remaining provisions or in any other jurisdiction.
NO RELATIONSHIP
These Terms will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between Budget and you.
ENTIRE AGREEMENT
These Terms contain all the terms of your agreement with Budget relating to your use of the Website or App. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. In the event that any inconsistencies exist between these Terms and any future published terms of use, the last published Terms or terms of use shall prevail.
Any rights not expressly granted herein are reserved by Budget.