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Auckland Transport

AT HOP card terms of use

Introduction

1. Scope: These terms of use (Terms) govern your possession and use of HOP smartcards (AT HOP cards) issued by Auckland Transport (we, us, our) or our authorised agents (Retail Agents) as part of the Auckland integrated fare system (System). By purchasing, or using, an AT HOP card you agree to be bound by these Terms.

2. Terms: All AT HOP cards are issued subject to, and must be used in accordance with, these Terms. By purchasing or using an AT HOP card, you accept all of these Terms.

3. Changes: We may (at any time and without prior notice to you) revise these Terms. Changes to these Terms will take effect immediately once they are published on our website AT.govt.nz/athop (Website). By purchasing, or continuing to use, an AT HOP card after we have published revised Terms, you agree to be bound by the revised Terms.

Terms of Issue and Use of AT HOP cards

4. AT HOP cards: You may use an AT HOP card to pay for public transport journeys provided by public transport operators (Public Transport Operators) in the Auckland region using any of the following System products as available from time to time (Products):

4.1 Period Pass: a pass credit loaded onto an AT HOP card allowing you to have unlimited journeys within a number of days (Period Pass).

4.2 HOP Money:  stored money value loaded onto an AT HOP card (HOP Money), which can be used to purchase public transport journeys or paper tickets for public transport journeys;

5. Your Obligations:  You agree to:

5.1 use the AT HOP card only in accordance with these Terms;

5.2 comply with all notices, policies, and instructions relating to the use of the AT HOP card, concessions and Products that we may issue from time to time;

5.3 provide us with any information and assistance that we may reasonably request relating to the issue, use, suspension, and cancellation of the AT HOP card;

5.4 comply with all laws and regulations applicable to your use of the AT HOP card;

5.5 tag on at the beginning of your trip and tag off at the end of your trip;

5.6 take proper care of the AT HOP card to avoid damage including keeping the AT HOP card flat and not bending it (as that may damage the AT HOP card);

5.7 not misuse, deface, modify, or destroy, the AT HOP card;

5.8 not tamper, or allow anyone else to tamper, with the AT HOP card;

5.9 ensure that if carrying two or more cards together that only one is used at a time and that the same card is used to tag on and tag off for each trip and journey;

5.10 not alter, remove, or replace any notices, trade marks, or artwork on the AT HOP card; and

5.11 when using an AT HOP card loaded with a concession, carry a further form of identification to prove your eligibility for that concession. Information about concessions and their eligibility criteria is available from at.govt.nz.

6. Right to Retain: We, the Retail Agents and Public Transport Operators will be entitled (without providing any reason for doing so) to confiscate or retain any AT HOP card which:

6.1 we (or a Retail Agent or Public Transport Operator) suspect or have reason to believe has been fraudulently issued, stolen, tampered with, or used in breach of the Terms; or

6.2 was not issued to the person presenting the AT HOP card (in the case of Registered AT HOP cards) or which the person presenting the AT HOP card is otherwise not entitled to use.

7. Co-operation: You agree to co-operate with us and, if applicable, the Police, in recovering your AT HOP card if it is lost or stolen, or if we suspect any suspicious behaviour or activity in relation to your AT HOP card.

8. Risk and Title: Subject at all times to our rights and those of our Retail Agents and Public Transport Operators as set out in these Terms:

8.1 you agree that risk of loss or damage to an AT HOP card that you have purchased, or a replacement AT HOP card provided in accordance with section 20, will pass to you on your receipt of that AT HOP card;

8.2 you carry and use an AT HOP card at your own risk, and we will not be responsible for any interference or damage suffered by, or to, any electronic device which occurs as a result of your carrying or using an AT HOP card;

8.3 we retain the right to manage and change the software and data on the AT HOP cards at any time; and 

8.4 on demand by any employee or representative of us or of any Retail Agent or Public Transport Operator at any time, you must produce for inspection all AT HOP cards in your possession or control.

9. Expiry: The AT HOP card (including any HOP money or Products loaded on the AT HOP card) will expire if the AT HOP card is not used, no refund is requested, the AT HOP card is cancelled, or no Products are loaded onto the AT HOP card for a continuous period of two years.  When an AT HOP card expires, any HOP money or Products remaining on the AT HOP card will be forfeited and become our property on and from the date the AT HOP card is cancelled. In this instance you may contact us and we will transfer any HOP money or the HOP money equivalent of any inactivated Products to another AT HOP card purchased by you.

10. Suspension: We may, in our absolute discretion, suspend any AT HOP card or AT HOP online account (Online Account) if you breach any of these Terms.  In the event that we suspend any AT HOP card or Online Account:

10.1 the suspension will remain in force for such period as we may direct; and

10.2 we may require the payment of a reasonable administration fee (and impose such other terms as we deem necessary or desirable as a condition of reactivation of a suspended AT HOP card or Online Account.

11. Cancellation and Refund:

11.1 If your AT HOP card is registered on our Website (Registered AT HOP card), you may apply to cancel your AT HOP card and receive a refund of the remaining HOP Money on your AT HOP card within 14 days of your completed application being received.  Only unused HOP Money can be refunded.  No refunds are available for paper tickets purchased.  No refunds are available for Period Passes other than as set out in clause 40.1. Any refund given by us is inclusive of any goods and services tax (GST).

11.2 You acknowledge and agree that the cancellation and refund option set out in section 11.1 is available only for Registered AT HOP cards.  If your AT HOP card is not registered, then no HOP Money can be refunded to you.

11.3 We may, in our absolute discretion, in addition to any other remedy available to AT, cancel any AT HOP card or Online Account if you breach any of these Terms.  Any Products remaining on the AT HOP card on cancellation for breach of these Terms will be forfeited and become our property.  If the remaining balance is negative we retain the right to recover the negative balance and may engage a collection agency the cost of which the card holder shall be liable.

12. Other Rights:

12.1 We may retain, cancel, or suspend any AT HOP card or the System or any of our services at any time without specifying the reasons, but we will endeavour to minimise any inconvenience caused to you.

12.2 We may refuse to provide any information to you in relation to any AT HOP card if you do not provide us with all reasonably requested information for the purpose of verifying your identity as the lawful holder of the AT HOP card.

13. AT HOP card Transfer: Where you lawfully hold an AT HOP card, you may (unless the AT HOP card is a Registered AT HOP card) permanently give that AT HOP card to another person and we will treat the new holder of the AT HOP card as the lawful holder, and he or she will be bound by these Terms.

14. AT HOP card Return: We may at any time require you to return your AT HOP card in a manner notified by us.  If this happens, we will replace your AT HOP card with a new AT HOP card having equivalent Products loaded on it.

15. Registered AT HOP cards:

15.1 We may offer you services enabling you to register your AT HOP card on our Website, in which case you will need to provide your personal information (such as your name, date of birth, email address, physical address and telephone number) against the Registered AT HOP card number.

15.2 You must not allow your Registered AT HOP card to be used by another person.  If your Registered AT HOP card is found in the possession of a person other than yourself, we (and the Retail Agents and Public Transport Operators) reserve the right to retain that AT HOP card.

15.3 You must ensure your contact and payment details on our website for your Registered AT HOP card are kept up to date and correct.

Lost, Stolen, or Non-Functioning AT HOP cards

16. Responsibilities:

16.1 Your responsibility:  You are responsible for safeguarding your AT HOP card against loss, damage, and theft, and ensuring that your AT HOP card is not used by any person without your permission (or by any person other than you in the case of a Registered AT HOP card).

16.2 Our responsibility:  We and the Public Transport Operators accepting your AT HOP card for payment for public transport journeys have no obligation to prevent the use of a lost or stolen AT HOP card by a person.  We also have no obligation to cancel any lost or stolen AT HOP card (whether a Registered AT HOP card or not) or to transfer the Products on that lost or stolen AT HOP card to a replacement AT HOP card.

17. Non-functioning AT HOP cards: We will not be responsible or liable for replacing any non-functioning AT HOP card except where we, in our absolute discretion, determine that the AT HOP card's failure to function is the result of an inherent manufacturing defect or other technical fault or defect.

Cancellation and Transfer of Non-Functioning / Lost / Stolen AT HOP cards

18. Cancellation of Registered AT HOP cards: 

18.1 If a Registered AT HOP card is rendered non-functioning for any reason, you may ask us to cancel your AT HOP card by:

18.1.1 calling us on 09 366 4HOP (09 366 4467).  You will also be required to supply your AT HOP card number, full name, and answer some security questions; and

18.1.2 returning the AT HOP card to the address that we notify to you, to enable us to determine whether section 17 (Non-functioning AT HOP cards) of these Terms applies.

18.2 On your Registered AT HOP card you may apply for a refund in accordance with section 11 or apply for a transfer of any residual Products on the Registered AT HOP card in accordance with section 19.

19. Transfer of Products

19.1 Transfer of Products for Non-functioning AT HOP cards:  If you hold a Registered AT HOP card that is non-functioning, you may request the transfer of any residual HOP Money and unused Products from that AT HOP card to a replacement AT HOP card.  You must go in person to an AT Customer Service Centre to obtain a replacement AT HOP card and transfer of Products.  When you request a transfer of Products at an AT Customer Service Centre:

19.1.1 we will do our best to promptly cancel the original Registered AT HOP card (if not already cancelled) and we will transfer any residual Products (as at the time you requested the transfer) to the replacement AT HOP card; and

19.1.2 our determination as to the amount of Products transferred to the replacement AT HOP card will be final and conclusive, but we reserve the right to make subsequent adjustments to that determination if we obtain transaction records which indicate that an adjustment is required to the amount of Products transferred

19.1.3 a balance transfer can only be completed between two cards registered to the same account.  Balance transfers cannot be completed between two separate accounts, from a primary to a linked account or between active cards

19.2 Transfer of Products for Lost or Stolen AT HOP cards: If you hold a Registered AT HOP card that has been lost or stolen, you may request the transfer of any residual HOP Money and unused Products from that AT HOP card to a replacement AT HOP card purchased by you.  When you request a transfer of Products:

19.2.1 you must confirm the reason for the transfer (e.g. lost or stolen AT HOP card);

19.2.2 we will do our best to promptly cancel the original Registered AT HOP card (if not already cancelled) and we will transfer any residual Products (as at the time you requested the transfer) to the replacement AT HOP card;

19.2.3 our determination as to the amount of HOP Money and/or Products transferred to the replacement AT HOP card will be final and conclusive, but we reserve the right to make subsequent adjustments to that determination if we obtain transaction records which indicate that an adjustment is required to the amount of Products transferred; and

19.2.4 a balance transfer can only be completed between two cards registered to the same account.  Balance transfers cannot be completed between two separate accounts, from a primary to a linked account or between active cards

20. Registered AT HOP cards only: You acknowledge and agree that the transfer option set out in section 19 is available only for Registered AT HOP cards.  If your AT HOP card is not registered, then no HOP Money and/or Products can be transferred or refunded to you if your AT HOP card is lost, stolen or rendered non-functioning for any reason.

Products, Use and Charges

21. Use: Subject to specific AT HOP card functionality, and Retail Agent and Public Transport Operator availability (as applicable), you may use the AT HOP card to pay for public transport journeys provided by Public Transport Operators in accordance with these Terms.

22. Adding Products:

22.1 You can add HOP Money and/or Products to your AT HOP card at our offices, via Retail Agents, top up machines, by Auto top up in accordance with section 22.2 (for Registered AT HOP cards), at AT Customer Service Centres or a one off top up via our Website (for Registered AT HOP cards).  Products can be added to your AT HOP card an indefinite number of times unless the AT HOP card is reported stolen or lost, is expired, or is otherwise cancelled in accordance with these Terms.

22.2 You can add HOP money to your Registered AT HOP card automatically each specified period or each time the value of your HOP money on your AT HOP card reaches a specified minimum level (Auto top up).  To use Auto top up on your AT HOP card, you:

22.2.1 must provide us with details of the bank account or debit/credit card each Auto top up is to be deducted from. Where these details are provided online through the Customer Web Portal, authority for us to undertake the Auto top up is deemed to be granted once the payment means has been submitted by the customer;

22.2.2 must provide us with details of HOP money threshold and value you wish to Auto top up to your AT HOP card and when;

22.2.3 acknowledge that we will hold the information set out in section 22.2.1 and 22.2.2 on our system;

22.2.4 agree and acknowledge that you may not receive advance notice of direct debit/credit card payment in respect of each Auto top up, but that we will notify you by email when the Auto top up was initiated; and

22.2.5 agree that if a direct debit or credit card payment to us is dishonoured, rejected or we are otherwise unable to process the payment for any reason, we will attempt to process the direct debit or credit card payment again on two (2) occasions and if we are unable to process the payment three times, the top-up amount will be removed from your AT HOP card and the auto top-up will be cancelled.

23. If you use HOP Money on your AT HOP card to pay for a paper ticket this will be charged at the applicable advertised cash fare, not the advertised AT HOP fare.

24. The time at which you tag on is deemed your travel start time.

25. Inactive HOP money:

25.1 Any HOP money added to your AT HOP card via our website must be activated by tagging on within 60 days.  Failure to tag on at an AT HOP reader or electronic gate within 60 days of your online top up will result in that top up expiring and you will need to contact us to put the HOP money back on your account for you to activate the HOP money on your AT HOP card.

25.2 Any Period Pass purchased on our website but not activated within 60 days will automatically be cancelled and the value of the Period Pass will be paid to AT. You will need to contact us to put the equivalent HOP Money value back on your account for you to purchase another Period Pass.

26. Right to Refuse:  We, a Retail Agent or a Public Transport Operator (as the case may be) may refuse to accept an AT HOP card for payment of a public transport journey with a Public Transport Operator if:

26.1 the AT HOP card is expired, suspended, or cancelled, whether or not notice is given to you regarding such expiry, suspension or cancellation;

26.2 we, a Retail Agent or a Public Transport Operator suspect that the AT HOP card has been fraudulently issued, stolen, tampered with, or used, or that the AT HOP card may in any way pose a risk to the System;

26.3 the HOP Money or Products on the AT HOP card are insufficient or have been exhausted;

26.4 the System is unable to process the payment for any reason whatsoever, or any circumstance arises which prevents a Retail Agent or a Public Transport Operator from accepting or processing the AT HOP card as a means of payment; or

26.5 you do not comply with these Terms.

27. Determination of HOP Money and Other Products: 

27.1 The determination by us, a Retail Agent or a Public Transport Operator (as the case may be) as to the amount of HOP Money and other Products on an AT HOP card will be final and conclusive.  We reserve the right to correct the Products loaded on your AT HOP card if we believe that a technical or accounting error has occurred.  For the purposes of such determination, the value of Products as determined by us, a Retail Agent or a Public Transport Operator from any of the following sources will be deemed to be conclusive and binding:

27.1.1 the Products encoded in the AT HOP card; or

27.1.2 our records, including records that we generate from the System.

27.2 If we determine that, as a result of error by us, the wrong Product or wrong amount of HOP Money is deducted from your AT HOP card for a public transport journey, we will refund to you as HOP Money (unless we in our sole discretion determine to give such refund) the difference between the amount deducted from your AT HOP card and the correct fare or Product value for the relevant public transport journey.

28. Obligation to Examine: You must check the AT HOP card on purchase or issue and on each addition or subtraction of Products to the AT HOP card.  Neither we nor our Retail Agents or Public Transport Operators (as the case may be) will be liable for any error or omission not drawn to our attention or that of our Retail Agents or Public Transport Operators at the time of purchase, issue, addition, or subtraction.

29. Debits for Products and Fees: The AT HOP card will be debited in the circumstances set out below:

29.1 When you use an AT HOP card to pay for a public transport journey, the System will check for a valid fare as follows:

29.1.1 is there a Period Pass to match the journey undertaken?  If yes – the fare detail is recorded, if not:

29.1.2 is there a Period Pass that could cover part of the journey?  If yes – Period Pass amount is recorded and any remainder deducted from HOP Money, if not:

29.1.3 the System deducts the fare from HOP Money.

30. Amendments to Charges:

30.1 We may vary any charges and amounts payable under these Terms at any time by publishing revised Terms in accordance with these Terms.

30.2 We may introduce additional fees and charges in relation to any services or functionality relating to the AT HOP card and the System at any time by publishing revised Terms in accordance with these Terms.

31. Transaction Details:

31.1 All transaction details, trip details, and other details recorded as a result of you using your AT HOP card will be recorded and retained by us.  After you deposit HOP Money or Products on your AT HOP card, we will update the AT HOP card balance to reflect that deposit:

31.1.1 Immediately, if you add Products to your AT HOP card at our offices, via a Retail Agent, at an AT Customer Service Centre, or using a top up machine; or

31.1.2 immediately, if you have established an Auto top-up facility in accordance with section 22.2. In this case the direct debit payment instruction will be triggered, once the specified minimum balance has been reached and your AT HOP card has been automatically reloaded; or

31.1.3 at the next tag on event once we receive payment for the Products into our bank account (usually the next business day after your online transaction is processed) if you add HOP Money and/or Products to your AT HOP card using our Website.

31.2 Using your Online Account (for Registered AT HOP cards only), you will be able to view transaction history and trip details for each Registered AT HOP card (Online Transaction History) for the preceding 3 months or preceding 60 transactions via our Website.  To obtain an Online Transaction History, you must first register your AT HOP card using our Website.

31.3 You will be able to check the balance of your AT HOP card via our Website (for Registered AT HOP cards only), or at an AT Customer Service Centre or via Retail Agents or top up machines.

31.4 We will endeavour to update the Online Transaction History at least once per day, however there may be delays in updating certain Online Transaction History, which may result in that information appearing in your Online Account one or more days after the journey took place; and

31.5 We may add or update any Online Transaction History at any time.

32. Refund of Fares: For any Registered AT HOP cards:

32.1 We will consider any refund claim in the event of tag device failure, fare interruption, concession failure or other event associated with operation of AT HOP that may give reason for a fare overcharge.  In the event of any refund claim being received we will investigate the circumstances of the claim and, in our sole discretion, decide on the amount of any refund payable.

32.2 If we do decide to provide a fare refund for any claims received, as per section 32.1, the refund will be paid as HOP money that can only be collected when your Registered AT HOP card is next tagged on to the System.

32.3 No refunds will be paid for any claims where your AT HOP card is not registered unless the clause for the claim is an AT or operator fault

Trust Arrangements, Interest and GST

33. Trust Arrangements: We maintain in a separate bank account an amount in excess of the face value of all Products that we are liable to repay to holders of AT HOP cards in accordance with section 12 less any amounts cancelled, redeemed or otherwise forfeited in accordance with these Terms from time to time, which is held on trust for all holders of AT HOP cards.  You have a right to a proportion of the account equal to the value of the Products loaded on your AT HOP card that we are liable to repay to holders of AT HOP cards in accordance with section 12 less any amounts cancelled, redeemed or otherwise forfeited in accordance with these Terms from time to time.  The bank where the account is maintained has been given written notice of the status of the account as a trust account for all holders of AT HOP cards.

34. Interest: No interest will be payable to you in relation to any Products loaded on any AT HOP card.  All interest earned in relation to HOP Money and/or Products loaded on any AT HOP card will remain our property.

35. GST: The charges and other amounts payable to us or our Retail Agents under these Terms are stated and payable in New Zealand dollars inclusive of GST, if any.  No invoice or tax invoice will be provided to you when you purchase an AT HOP card or load any HOP Money and/or Products on an AT HOP card.  If you need to make an expense claim or GST claim, please use a printout from your Online Account as a basis for your claim.

Public Transport Operators and Public Transport Journeys

36. Public Transport Operators: Certain authorised Public Transport Operators have entered into agreements with us to accept HOP Money and/or Products on an AT HOP card as a means of payment for public transport journeys on services run by those Public Transport Operators.

37. Product Types: Public Transport Operators may accept any Product as available from time to time for public transport journeys using the AT HOP card.  We may at any time and without prior notice add, remove or amend the Products available using the AT HOP card.  AT reserves the right to limit the usage of these Products whether by operator, mode, date or time.

38. HOP Money: The following provisions apply if the HOP Money Product is available:

38.1 Each time you add HOP Money to your AT HOP card, you must add a minimum of $5 (incl. GST). You will only be able to add HOP Money equal to or above this minimum loadable value.

38.2 The maximum amount of HOP Money that may be held on any AT HOP card is $300 (incl. GST).

38.3 Notwithstanding section 27 (Right to Refuse), Public Transport Operators may permit you to commence a public transport journey, and to complete each trip of the journey, as long as there is a positive or $0.00 HOP Money balance on the AT HOP card for each leg of your journey. HOP Money contained on multiple AT HOP cards cannot be combined to pay a single fare.

39. Period Pass Products (Monthly and Day passes):  The following provisions apply if the Period Pass Product is available:

39.1 A Period Pass is available for unlimited bus and train journeys within defined zones or for unlimited travel on specified ferry services.  One type of bus/train Period Pass and one type of ferry Period Pass may be stored on an AT HOP card at any time.  A new Period Pass may be loaded onto an AT HOP card when the previous Period Pass has been activated.

39.2 A monthly pass is activated by "tagging on" and expires when the specified number of days from the day of activation has elapsed.

39.3 A day pass is activated by “tagging on” and is valid until 11.59pm the same calendar day.

40. Fare Changes and Information: 

40.1 You acknowledge that fares may change from time to time.  A Period Pass that you have already commenced using prior to a fare change will be refunded in proportion to the number of days remaining on the Period Pass.  HOP Money will be deducted at the fare, fee or rate in effect when the AT HOP card is used for a journey.

40.2 Information about the fares, routes, concessions, and other information relating to public transport journeys is available from AT.govt.nz

41. Penalty Fares: When you do not correctly complete both a "tag on" and "tag off" transaction for your trip, a penalty fare may be charged.  The penalty will be calculated and applied to your HOP Money balance at your next "tag on" event.  If the application of a penalty fare puts your HOP Money balance below $0.00, you will be unable to "tag on" using HOP Money until such time as additional HOP Money has been loaded onto your AT HOP card. The exercise of remedies available under this clause will not restrict the exercise of any additional or alternative remedies, including other remedies in these terms of use.

42. Public Transport Operator's Conditions of Carriage:  When you travel using the Public Transport Operators, you do so in accordance with any applicable legislation, regulations, conditions of carriage, and conditions of use (including any signs and notices displayed by the relevant Public Transport Operator) relating to that travel (Public Transport Operator's Conditions of Carriage).  These Terms are in addition to, and are not intended to limit, the Public Transport Operator's Conditions of Carriage. Where required by the Public Transport Operator's Conditions of Carriage applicable to your public transport journey, you must hold your AT HOP card against or near the Fare Payment Device (FPD) such that the FPD provides a visual or audible acknowledgement that it has successfully processed your AT HOP card (each a "tag"). If an authorised representative of the Public Transport Operator inspects your AT HOP card during or after a public transport journey and determines that you did not "tag" your AT HOP card in accordance with the Public Transport Operator's Conditions of Carriage, he or she may:

42.1 require you to purchase a paper ticket at the appropriate fare for the trip being undertaken;

42.2 impose any other charges permitted by the Public Transport Operator's Conditions of Carriage; and/or

42.3 take any other action permitted by the Public Transport Operator's Conditions of Carriage.

43. Acknowledgement: You acknowledge that we are not a Public Transport Operator and are not involved in the operation of trains, buses, ferries, or rail or bus networks.  We make no warranty or representation as to the standard or availability of service from a particular Public Transport Operator.

Retail Agents

44. Retail Agents: Certain Retail Agents have entered into agreements with us that authorise those Retail Agents to:

44.1 sell AT HOP cards to customers;

44.2 load HOP Money and sell Products to customers; and

45. Identification: Retail Agents can be identified by their display of an AT HOP is sold here sign. You should only present your AT HOP card when you see the AT HOP sign. If you present your AT HOP card at readers that do not show the AT HOP acceptance sign, this may damage the AT HOP card (refer to sections 16 and 17).

46. Unauthorised or Unlawful Transactions: You should not attempt to add Products via any Retail Agent if you have any suspicion that the Retail Agent is not a Retail Agent authorised by us. We will not honour Products that are added to an AT HOP card by any unauthorised person or through any unauthorised or unlawful means.

Privacy

47. AT HOP Privacy Policy: Where we collect personal information from or about you in order to provide you with a Registered AT HOP card or through your use of an AT HOP card, the AT HOP Privacy Policy available on our Website will apply. For an explanation of our practices and policies relating to the collection, use, and storage of your personal information, please refer to the AT HOP Privacy Policy, which forms part of these Terms.

48. Concessions: Where a valid concession has been loaded onto an AT HOP card, the cardholder agrees to allow Auckland Transport to communicate, either verbally or in writing, with specific regard to that concession, how it operates, its expiry or any other concession requirement. Auckland Transport is entitled to validate concession eligibility with relevant 3rd parties.

Warranties, Limitations of Liability and Indemnity

49. Warranties and Representations: To the maximum extent permitted by law, we disclaim all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to the System, the AT HOP cards, and your use of (or inability to use) the System and/or an AT HOP card, (including, without limitation, warranties of availability, accuracy, non-infringement, title, completeness, timeliness, currency, merchantability, or fitness for a particular purpose).

50. Consumer Guarantees Act: Nothing in these Terms is intended to avoid the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded, and these Terms will be modified to the extent necessary to give effect to that intention. If you acquire any goods or services from us for the purposes of a business you agree that the guarantees and remedies provided in the Consumer Guarantees Act 1993 will not apply.

51. Indirect Losses: To the maximum extent permitted by law, we, the Retail Agents and Public Transport Operators (and our respective employees, contractors, and agents) will not be liable (in contract, tort, or otherwise) to any party for any direct, indirect, special or consequential loss, damage, cost, expense, delay, or inconvenience that is suffered by that party in connection with:

51.1 the purchasing, issue, use of, inability to use, or reliance upon, an AT HOP card or the System;

51.2 any services purchased using an AT HOP card including, without limitation, any public transport journeys;

51.3 any delay in issuing an AT HOP card;

51.4 an AT HOP card being damaged or non-functioning for any reason (except where we determine in our absolute discretion under section 18 (Non-functioning Card) that a Card's failure to function is the result of an inherent manufacturing defect, in which case our liability will be limited to the issuance of a replacement AT HOP card and the transfer of any HOP Money and/or Products from the non-functioning AT HOP card to such replacement AT HOP card);

51.5 an AT HOP card being suspended or cancelled for any reason;

51.6 an AT HOP card being confiscated or otherwise retained by us, any Retail Agent or Public Transport Operator;

51.7 any period where any equipment, software, or system is unavailable for processing AT HOP card transactions (for example, the addition of Products to an AT HOP card or the use of an AT HOP card for payment); or

51.8 the System, the AT HOP card or the Products in any other way, even if we have been expressly advised of the possibility of such damages.

52. Limitation of Liability: If, notwithstanding the exclusions in sections 47 and 49, we are found liable to you under these Terms (or in contract, tort, or otherwise), to the maximum extent permitted by law, our liability to you will not exceed in aggregate the sum of $25 for each AT HOP card to which your claim relates.

53. Indemnity: You hereby agree to indemnify us, the Retail Agents and Public Transport Operators from and against all actions, proceedings, claims, liabilities, penalties, costs (including legal costs on a solicitor and own client basis), awards, damages, losses, and expenses arising directly or indirectly as a result of:

53.1 your altering, interfering with, or tampering with an AT HOP card (or allowing a third party to do so);

53.2 your failure to comply with any of these Terms;

53.3 our collecting, using, storing, and disclosing personal information you have provided to us about another person in the manner set out in the HOP Privacy Policy; or

53.4 your negligent or wilful acts or omissions.

Intellectual Property

54. Ownership:  The AT HOP cards (including any software and data stored on them), the System and the Website are protected under copyright and other laws of New Zealand, under international conventions and similar laws abroad. You acknowledge and agree that, unless otherwise stated, all copyright and other intellectual property rights that may subsist in the AT HOP cards (including any software and data stored on them), the System and the Website belong to us or our suppliers (as the case may be).

55. Restriction: Except with our prior written permission in each instance, you must not:

55.1 alter, remove, or obscure any copyright notice or other notice appearing on an AT HOP card; or

55.2 decompile, reverse engineer, decrypt, resell, distribute, reproduce, or modify any AT HOP card (or any software or data stored on it) in any way or for any purpose (or permit anyone else to do so).

56. No Rights Conferred: Nothing you do on or in relation to the AT HOP cards (or any software or data stored thereon), the System or the Website will transfer any intellectual property rights to you or license you to exercise any intellectual property rights except with our express written permission in each instance.

57. Trade Marks: You acknowledge and agree that the trade marks appearing on any AT HOP card or on the Website belong to us, our suppliers, or other third parties (as the case may be). Except with the prior written permission of the trade mark owner, you must not use, copy, or adapt any trade mark appearing on an AT HOP card or the Website (or permit anyone else to do so).

General

58. Defined Terms: Where a definition is set out anywhere in these Terms, that definition will apply to the rest of these Terms unless the context otherwise requires.

59. Assignment and Subcontracting: We may assign, transfer or subcontract our rights or obligations under these Terms without your consent.

60. No Waiver: Our failure or neglect to enforce at any time any of these Terms will not be construed to be a waiver of our rights, or to in any way affect the validity of the whole or any part of these Terms, or to otherwise prejudice our rights to take subsequent action. Any waiver made by us in respect of any right provided for in these Terms will not be construed to be a waiver of any further or future right arising under these Terms.

61. Severability: If any of these Terms is held invalid, unenforceable or illegal for any reason, that provision will be deemed deleted and the remainder of these Terms will remain in full force and effect to the maximum possible extent.

62. Governing Law: These Terms will be governed by, and construed in accordance with, New Zealand law and the courts of New Zealand will have non-exclusive jurisdiction to hear and determine all issues and disputes which may arise under or in relation to AT HOP cards, the Products, the System, or these Terms.

63. New Zealand Use Only: The AT HOP cards are intended for use in Auckland, New Zealand and may not satisfy the laws of (or be appropriate or suitable for use in) any other country. You are responsible for compliance with applicable local law and you must ensure that accessing and using the AT HOP cards is not illegal or otherwise prohibited by the laws of your jurisdiction.

64. Electronic Communications: You consent to receiving communications from us electronically (other than promotional messages under the Unsolicited Electronic Messages Act 2007, in which case we will obtain your consent to receiving such promotional messages in accordance with that Act) and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

65. Entire Agreement: These Terms, together with any other terms produced by us relating to the AT HOP card incorporated by reference into these Terms, constitute the entire agreement between you and us and supersede all prior communications, representations, agreements or understandings, either verbal or written, between you and us with respect to the subject matter of these Terms.

66. Force Majeure: Neither us nor the Retail Agents or Public Transport Operators will be liable for any non-performance, error, interruption, or delay in the performance of their obligations under these Terms or in the availability or performance of the System, if this is due (in whole or in part, directly or indirectly) to any event or circumstance which is outside reasonable control of us, the Retail Agents or Public Transport Operators, including (without limitation):

66.1 flood, lightning, acts of God, fire, earthquakes, and other natural disasters;

66.2 judgments, legislations, acts, orders, regulations, bylaws or other measures of any kind on the part of any court, governmental, parliamentary, or regulatory authority;

66.3 failure of any electricity or telecommunications service (including the Internet);

66.4 failure of any equipment, software, computer hardware, or system required for the operation of the System where the maintenance and repair of that item is the responsibility of a third party;

66.5 the acts or omissions of any party for whom us, a Retail Agent or Public Transport Operator (as the case may be) is not responsible.

67. Contact: If you have any questions, compliments, or complaints in relation to an AT HOP card or the System, please contact us using our online feedback form or via the contact details set out below.

Web:                    AT.govt.nz/athop
Phone:                09 366 4467
Face to Face:     AT Customer Service Centres
Post:                   Auckland Transport, Private Bag 92250, Auckland 1142

To enable us to respond promptly to complaints, please include your full contact details including your AT HOP card number, email address, postal address and contact phone numbers during office hours. If you require a response, we will do our best to respond to as soon as possible.

Last updated: 1 December 2016