Loopie

Loopie App Terms and Conditions

Loopie Technology Limited (trading as Loopie)
Company Number: 9362845
Email: support@loopie.nz
Effective Date:

1. Definitions and Interpretation

1.1 Definitions

In these Terms, unless the context otherwise requires:

  • Account means an account created by you for access to and use of the Services.
  • App means the Loopie mobile and web application (including any software updates).
  • Business Day means a day other than a Saturday, Sunday or public holiday in New Zealand.
  • Confidential Information means all non-public information disclosed by one Party to the other in connection with these Terms, whether oral, written or electronic.
  • Consequential Loss includes indirect or special loss, including loss of revenue, profits, data, goodwill or opportunity.
  • Consumer Laws means the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
  • Device means a Loopie-branded OBD-II hardware unit supplied by us to capture odometer data only, without GPS or telematics capability.
  • Intellectual Property Rights means all present and future rights in patents, copyright, trade marks, designs, trade secrets and know-how.
  • Liability means any loss, damage, cost, claim or expense (whether actual, prospective or contingent) arising in connection with these Terms.
  • NZTA means Waka Kotahi New Zealand Transport Agency.
  • Personal Information has the meaning given in the Privacy Act 2020.
  • RUC means Road User Charges under the Road User Charges Act 2012 and associated regulations.
  • Services means the App, Device, related websites, software integrations, support, and any service provided by us under these Terms.
  • We, us, our and Loopie mean Loopie Technology Limited (Company No. 9362845).
  • You and your mean the person or entity using the Services.

1.2 Interpretation

Headings are for convenience only and do not affect interpretation. References to legislation include amendments and replacements. The singular includes the plural and vice versa. A reference to “including” means “including, without limitation”.

2. Engagement and Term

  1. These Terms apply from the earlier of (a) your creation of an Account or (b) your first use of the Services, and continue until terminated in accordance with clause 12.
  2. These Terms constitute the entire agreement between you and Loopie concerning the Services and supersede all prior understandings.
  3. We may amend these Terms at any time by notice through the App or by email. Unless a later date is specified, the amendment takes effect 30 days after notice. Continued use after that date constitutes acceptance.
  4. If you do not agree with an amendment, you must cease using the Services and close your Account prior to the effective date.
  5. Nothing in these Terms creates any partnership, agency or employment relationship between the Parties.
  6. Each Party must comply with all applicable New Zealand laws, including privacy, consumer-protection and road-transport legislation.

3. Description of Services

  1. Loopie provides technology that assists New Zealand motorists to manage RUC obligations. The Services include:
    • (a) use of the App and web portal;
    • (b) recording and storage of odometer data;
    • (c) facilitation of RUC purchases on your behalf through NZTA-approved systems;
    • (d) integration with MotoCheck and other authorised data sources for verification;
    • (e) optional connection of a Loopie Device; and
    • (f) customer-support, notifications, and related tools.
  2. Loopie does not provide GPS tracking, driver-behaviour analytics or telematics services. The Device contains no GPS hardware and does not record or transmit location data.
  3. Loopie acts solely as a facilitator of RUC purchases through NZTA-approved systems. All transactions are subject to NZTA rules and verification processes, and NZTA remains the ultimate authority for RUC administration.
  4. Loopie may introduce additional features or beta releases. Beta features are provided as-is, without warranty, and may be modified or withdrawn at our discretion.
  5. The Services are available only within New Zealand and for vehicles registered in New Zealand.

4. Eligibility and Account Management

  1. You must be at least 16 years old. If you act for another person or organisation, you represent that you are authorised to bind them.
  2. You must keep all information in your Account true, accurate and current.
  3. You are responsible for all actions taken under your Account, regardless of whether authorised by you.
  4. You must maintain the confidentiality of your credentials and immediately notify Loopie of any suspected unauthorised access.
  5. Loopie may suspend or terminate your Account if:
    • (a) we reasonably believe it is compromised or used unlawfully;
    • (b) you breach these Terms; or
    • (c) we are required to do so by law or by NZTA directive.
  6. On suspension, Loopie may restrict access until the matter is resolved.
  7. You may close your Account at any time. Termination will not affect rights or obligations accrued before closure.

5. Payments and Fees

  1. When you instruct Loopie to purchase RUC, you authorise Loopie to process payments on your behalf using one or more of the following methods:
    • (a) bank transfer;
    • (b) credit or debit card processed by Stripe Payments New Zealand Limited; or
    • (c) internet-banking payment via POLi Payments Limited.
  2. By using Stripe or POLi you also accept their respective terms and privacy policies.
  3. All amounts are in NZD and inclusive of GST unless stated otherwise.
  4. Loopie may charge service or facilitation fees. All applicable fees will be clearly disclosed prior to each transaction.
  5. You are responsible for ensuring that sufficient funds are available. If a payment fails or is reversed, you remain liable for the full amount and any bank or processing charges.
  6. We may suspend provision of the Services until outstanding amounts are settled.
  7. Loopie may adjust its fees from time to time with reasonable prior notice.
  8. Where required by law, we will issue valid tax invoices for amounts payable.
  9. All RUC purchases facilitated through Loopie are subject to NZTA verification; delays outside our control do not relieve you of payment obligations.

6. Loopie Device

  1. Where supplied, the Device assists with odometer validation and data transmission.
  2. Ownership and risk transfer to you upon delivery.
  3. You must:
    • (a) install and operate the Device according to Loopie’s instructions;
    • (b) not open, modify or reverse-engineer the Device; and
    • (c) use it solely for lawful purposes.
  4. Loopie may provide firmware or software updates automatically or by notice. You agree to install such updates to maintain functionality and security.
  5. The Device is designed solely to read odometer data and does not collect GPS or telematics data.
  6. If you believe the Device is defective, contact Loopie support. Your rights under the Consumer Guarantees Act 1993 apply.
  7. Loopie is not liable for damage arising from incorrect installation, unauthorised modification or misuse of the Device.
  8. You are responsible for complying with any vehicle-warranty or insurer requirements relating to use of third-party accessories.

7. Use of Data and Privacy

  1. To operate the Services, Loopie collects and processes limited Personal Information including your name, contact details, vehicle identifiers, odometer readings and transaction records.
  2. Loopie does not collect GPS coordinates, trip histories or driver-behaviour metrics.
  3. We may share data with NZTA and authorised third-party systems solely to verify vehicles, validate odometer readings and complete RUC purchases.
  4. Loopie will handle Personal Information in accordance with the Privacy Act 2020 and our Privacy Policy (available at loopie.nz/privacy).
  5. Loopie may store data with reputable cloud-service providers located in New Zealand or jurisdictions offering comparable privacy safeguards.
  6. Loopie will take reasonable technical and organisational measures to prevent unauthorised access, alteration or disclosure of data.
  7. We may retain transaction and vehicle data for as long as necessary to comply with statutory retention periods, resolve disputes or detect fraud.
  8. You are responsible for the accuracy of data supplied and for promptly correcting errors.
  9. By using the Services you consent to the collection and processing of your data as described in these Terms.
  10. Loopie may produce aggregated, de-identified statistics for analytical and product-development purposes. Such information will not identify you personally.

8. Third-Party Services and Integrations

  1. The App may contain links or integrations to third-party websites or systems (including NZTA, MotoCheck, Stripe, POLi and cloud hosts).
  2. Those third parties are independent of Loopie; their terms govern your use of their services.
  3. Loopie makes no warranty regarding the accuracy, reliability or availability of any third-party system.
  4. You authorise Loopie to transmit and receive data from such systems as reasonably required to provide the Services.
  5. If a third-party integration fails or is unavailable, Loopie will use reasonable efforts to restore functionality but is not liable for loss arising from that failure unless required by law.
  6. Loopie may substitute or change third-party providers at any time by notice to you.

9. Intellectual Property and Confidential Information

  1. Loopie owns all Intellectual Property Rights in the App, Device, software, website, documentation, logos and other materials developed or supplied under these Terms.
  2. Nothing in these Terms transfers ownership of any Intellectual Property Rights to you.
  3. You must not copy, adapt, translate, create derivative works from or reverse-engineer any part of the Services.
  4. You may use the App and Device solely for your own lawful personal or business use within New Zealand.
  5. Each Party must keep the other’s Confidential Information secure and must not disclose it except:
    • (a) as required by law;
    • (b) to professional advisers who are bound by confidentiality; or
    • (c) with the other Party’s prior written consent.
  6. This clause survives termination.

10. Disclaimers

  1. The Services are provided on an “as-is” and “as-available” basis. Loopie does not guarantee uninterrupted access or error-free operation.
  2. Information presented through the App is for general information only and does not constitute legal, financial or tax advice.
  3. Loopie is not responsible for any penalties or liabilities arising from your failure to comply with RUC or other statutory obligations.
  4. Loopie does not warrant that the Services will meet your individual requirements or that RUC transactions will be accepted by NZTA.
  5. Electronic transmission of data is inherently insecure; Loopie cannot guarantee absolute security of data transmitted over the internet.
  6. Loopie disclaims all conditions or warranties not expressly set out in these Terms, to the fullest extent permitted by law.

11. Limitation of Liability

  1. To the maximum extent permitted by law:
    • (a) neither Party is liable for Consequential Loss;
    • (b) each Party’s Liability is reduced to the extent the other contributed to the loss; and
    • (c) Loopie’s total aggregate Liability arising from or in connection with these Terms in any 12-month period is limited to the greater of NZD 1,000 or the total fees paid by you to Loopie in that period.
  2. Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability under the Consumer Laws for non-business consumers.
  3. If you acquire the Services for business purposes, the Consumer Guarantees Act 1993 does not apply, and all implied warranties are excluded to the extent permitted by law.
  4. You indemnify Loopie against any claim, cost or liability arising from your breach of these Terms, your negligent or unlawful acts, or misuse of the Services.
  5. Any claim must be brought within 12 months after the event giving rise to the claim, otherwise it is barred.
  6. Loopie maintains reasonable professional and product-liability insurance cover, but you acknowledge that liability remains limited as stated above.

12. Termination and Suspension

  1. Termination by You – You may terminate these Terms and close your Account at any time by following the in-App process or notifying Loopie in writing. Termination takes effect once all outstanding fees are paid.
  2. Termination by Loopie – Loopie may suspend or terminate your Account or access to the Services immediately if:
    • (a) you commit a material breach of these Terms and fail to remedy it within 10 Business Days of notice;
    • (b) you use the Services for an unlawful purpose or in a manner that may damage Loopie’s systems or reputation;
    • (c) Loopie is required to do so by law or at the direction of NZTA or another regulator; or
    • (d) Loopie ceases offering the Services generally.
  3. Effect of Termination – On termination:
    • (a) all licences granted to you under these Terms cease;
    • (b) Loopie may retain information and records for statutory compliance and audit purposes;
    • (c) you remain liable for all fees and charges incurred prior to termination; and
    • (d) provisions which by their nature are intended to survive termination (including clauses 9, 11, 13, 14, 17, 18 and 20) will continue in force.
  4. Suspension – Loopie may temporarily suspend access to the Services for maintenance, security, or investigation of suspected breach. Where practicable, reasonable notice will be given.

13. Indemnity

  1. You indemnify and must keep indemnified Loopie, its directors, employees and contractors against any loss, cost or liability (including legal fees on a solicitor-and-own-client basis) arising from:
    • (a) your breach of these Terms or applicable law;
    • (b) any fraudulent, negligent or wilful act or omission by you or someone using your Account; or
    • (c) any claim by a third party relating to data or content you submit through the Services.
  2. Loopie will take reasonable steps to mitigate any loss and will notify you promptly of any claim to which this indemnity applies.
  3. This clause 13 survives termination.

14. Force Majeure

  1. Neither Party is liable for delay or failure to perform its obligations (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, labour disputes, war, governmental actions, internet or telecommunications failures or the failure of third-party systems (Force Majeure Event).
  2. The affected Party must notify the other as soon as practicable and take reasonable steps to minimise the impact.
  3. If a Force Majeure Event continues for more than 60 days, either Party may terminate these Terms by written notice.

15. Compliance and Audit

  1. Loopie must comply with any applicable obligations imposed by NZTA for authorised facilitators of RUC purchases.
  2. You acknowledge that Loopie and NZTA may audit transactions to verify accuracy of vehicle and odometer data. You must co-operate with reasonable requests for information during such audits.
  3. Loopie will maintain appropriate records for at least seven years or such period as required by law.

16. Consumer Law and Business Use

  1. Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 where you acquire the Services for personal, domestic or household use.
  2. If you use the Services in trade for the purposes of a business, the Parties agree that the Consumer Guarantees Act 1993 does not apply and that this exclusion is fair and reasonable.
  3. Loopie makes no representation that the Services are fit for any particular business purpose unless expressly agreed in writing.

17. Dispute Resolution

  1. Initial discussion – If a dispute arises, either Party must notify the other in writing and the Parties will meet (in person or virtually) within 10 Business Days to attempt good-faith resolution.
  2. Mediation – If the dispute is not resolved within 20 Business Days of notice, the Parties agree to mediate in accordance with the Resolution Institute Standard Mediation Agreement (current at the time). Each Party bears its own costs and shares the mediator’s fees equally.
  3. Court or Arbitration – If mediation fails, either Party may commence court proceedings in New Zealand. Nothing prevents a Party from seeking urgent injunctive or equitable relief.
  4. This clause does not limit rights to refer matters to regulators or NZTA where applicable.

18. Notices

  1. Any notice or communication under these Terms must be in writing and sent by email or through the App.
  2. A notice is deemed received:
    • (a) if sent by email, at the time the email leaves the sender’s server (unless an error message is received); or
    • (b) if through the App, upon successful delivery of the notification.
  3. Our contact address is support@loopie.nz. Your contact address is the email registered to your Account.

19. Miscellaneous

  1. Assignment – You must not assign or transfer your rights without our written consent. Loopie may assign its rights or obligations as part of a corporate restructure or sale of business.
  2. Waiver – No failure or delay to exercise a right constitutes a waiver of that right.
  3. Severability – If any provision is found invalid or unenforceable, the remainder continues in effect.
  4. Entire Agreement – These Terms constitute the entire agreement between the Parties regarding the Services and supersede all prior understandings.
  5. Variation of Services – Loopie may vary the scope or features of the Services for improvement or compliance reasons. Where a variation materially reduces functionality, we will provide reasonable notice.
  6. Relationship of Parties – Nothing in these Terms creates a partnership or joint venture; each Party acts as independent contractor.
  7. Further Assurance – Each Party must execute any documents reasonably required to give effect to these Terms.
  8. Costs – Each Party bears its own legal and administrative costs relating to these Terms.
  9. Counterparts and Electronic Execution – These Terms may be executed electronically or in counterparts, each of which is deemed an original.

20. Governing Law and Jurisdiction

  1. These Terms are governed by the laws of New Zealand.
  2. The Parties submit to the exclusive jurisdiction of the courts of New Zealand and any courts of appeal therefrom.
  3. Each Party waives any right to object to venue on grounds of forum non conveniens or any similar doctrine.

Schedule 1 – Additional Defined Terms and Interpretation

  • Account Data – information held in your Account, including login credentials, payment details and vehicle records.
  • App Store Provider – Apple Inc. or Google LLC, as applicable.
  • Business Purpose – use of the Services in trade within the meaning of section 2 of the Consumer Guarantees Act 1993.
  • Loopie Materials – all software, interfaces, graphics, documentation and content owned or licensed by Loopie.
  • Privacy Policy – the policy available at loopie.nz/privacy, as amended from time to time.
  • RUC Transaction – a purchase or renewal of road user charges facilitated through NZTA-approved systems via Loopie.
  • Taxes – all taxes, duties, levies or other government charges (excluding Loopie’s income tax).