This Agreement governs your opening of a Penny Account with Kiwi Cash Limited (trading as Penny), your use of the Account, and the provision of the Penny Service.

We reserve the right to amend this Agreement from time to time. Any amendments shall come into effect 10 days after publication on the Website. If the amendment is required for urgent technical, risk, or regulatory compliance reasons, the amendment will come into effect immediately upon publication on the Website.

We will use reasonable endeavours to inform you of any changes, which may include notifying you by email. If you do not agree with the relevant changes, you can cancel our services and terminate your Account in accordance with clause 24. If you continue to use the Penny Service after we have changed the terms, you will be deemed to have accepted the new terms.

By creating a Penny Account and accepting these Terms & Conditions during sign-up, you agree to be bound by this Agreement.

1. Interpretation

In this Agreement, unless the contrary intention appears:

• the singular includes the plural and vice versa;
• a reference to a gender includes each other gender;
• a reference to a regulatory guide, statute, or other law includes regulations and other instruments made under it and consolidations, amendments, or replacements of any of them; and
• a reference to a person includes any individual, company, or entity.

2. Definitions

Account – your Penny account.
Account Holder – the person(s) named as the account holder.
Agreement – these terms and conditions.
Applicable Laws – all laws, regulations, rules, and official requirements in New Zealand that apply to this Agreement, the parties, or the services provided under it, including updates or changes to those laws over time.
Business Day – a day which is not a weekend or public holiday in New Zealand.
Credit – Penny credit loaded into your Account, representing pre-paid value for use at Participating Providers.
Fees and Charges – fees and/or charges as set out on the Website and/or within our Mobile Application under each site or service listing, including top-up, withdrawal, or late payment fees.
Force Majeure – any delay or interruption beyond our reasonable control, including issues with telecommunications, internet, hardware, software, or email transmission.
Information – data provided by us or Service Providers, including Account information, service details, notifications, and research materials.
Instructions – your instructions to top-up Credit, use services, or perform other actions via the Penny Service.
Intellectual Property Rights – all intellectual property rights including copyright, designs, trademarks, patents, trade secrets, know-how, databases, and goodwill.
Mobile Application – the Penny iOS and Android apps.
On-Site Services – amenities such as showers, laundries, power points, or other facilities at Participating Providers that are activated remotely via the Penny App or Penny Key using Penny Credit.
Participating Provider – a camping ground or other accommodation or service site that accepts Penny Credit as payment for bookings, stays, or On-Site Services.
Penny Key – a physical or digital key (e.g., QR code, NFC tag) used to activate On-Site Services.
Penny Service – provision of account management, credit top-up, payment processing, and facilitation of bookings and On-Site Services at Participating Providers.
Service Provider – any third-party entity appointed by us to provide technical, payment, verification, custody, or other operational services to Penny (e.g., banks, payment processors, identity verification services).
Transactions – top-up of Credit, use of On-Site Services or bookings at Participating Providers, refunds, withdrawals, or any action involving Credit.
Us, our, we, Penny – KiwiCash Limited (trading as Penny) (NZBN: 9429042428480), its directors, employees, and agents.
Website – go-penny.com and any subdomain thereof.
Withdrawal Fee – the fee charged when converting unused Credit back to NZD, as displayed in the app.
You – the Account Holder.

3. General

3.1 This Agreement applies to all dealings between you and us. By creating an Account and accepting these Terms & Conditions, you acknowledge that you have read and agree to be bound by this Agreement.

3.2 This Agreement takes effect immediately upon successful Account creation and your acceptance of these Terms & Conditions during sign-up.

3.3 We reserve the right to decline or delay Account creation if required information is incomplete or verification fails.

3.4 All dealings are subject to:

• New Zealand laws (including the Companies Act 1993, Fair Trading Act 1986, Consumer Guarantees Act 1993, and Privacy Act 2020);
• Anti-Money Laundering and Countering Financing of Terrorism Act 2009.

3.5 You are responsible for your own decisions and outcomes from using the Penny Service.

4. Representations, Warranties, and Obligations

4.1 You represent and warrant that:

• all information you provide during sign-up and at any time is true, complete, and correct;
• you have authority to enter this Agreement;
• you are over 18;
• you are lawfully visiting or residing in New Zealand;
• any vehicle registration or other details provided are accurate and relate to vehicles you own or are authorised to register;
• any vehicle used for On-Site Services (e.g., power points) has all applicable warrants and certificates required by local law, including a valid Electrical Warrant of Fitness.

4.2 You agree to:

• use the Website and/or Mobile Application to access the Penny Service;
• provide accurate and up-to-date information at all times;
• notify us immediately of any error, omission, or suspected unauthorised use;
• comply with all Applicable Laws and this Agreement;
• only use Credit for legitimate bookings or On-Site Services at Participating Providers;
• not abuse the system, exploit glitches, or attempt to gain free or undercharged services.

4.3 If we reasonably believe you have provided false, misleading, or incomplete information, or have abused the system, we may:

• suspend or close your Account;
• reverse Transactions;
• recover any owed Fees and Charges; and
• pursue legal recovery of losses.

4.4 If you are the Account Holder for a group booking, you are the group leader and are responsible for the behaviour of the entire group. Any fines, damages, or breaches of the Participating Provider’s rules by your group are your sole responsibility.

5. Access to the Penny Service

5.1 The Penny Service allows you to top up Credit and use it for bookings or On-Site Services at Participating Providers. Internet access is required.

5.2 We do not guarantee continuous, uninterrupted, or fault-free access to the Penny Service or On-Site Services.

5.3 Access may be unavailable due to:

• technical or service delivery issues;
• maintenance;
• regulatory or risk management reasons;
• Force Majeure events; or
• any other reason.

5.4 You are responsible for protecting your login credentials. We may require identity verification.

5.5 We use reasonable endeavours to maintain the Penny Service 24 hours a day, 365 days a year, but we are not liable for any interruptions or consequential damages caused by malfunctions of our technology.

6. Account Creation

6.1 To create an Account, you must:

• provide your full name, email address, phone number, and any other required details during sign-up;
• accept these Terms & Conditions; and
• successfully pass any automated or manual verification checks.

6.2 Account creation is instant upon acceptance of these Terms & Conditions and successful verification, subject to our right to delay or decline under clause 3.3.

6.3 We reserve the right to refuse Account creation or require additional information at any time.

7. Topping Up Credit

7.1 You may top up your Account with NZD via payment methods displayed in the Website and/or Mobile Application at the time of top-up.

7.2 Funds are converted to Penny Credit at a 1:1 rate.

7.3 Each top-up incurs a transaction fee, which is added to the amount you select and shown before confirmation. This fee is non-refundable and covers payment processing costs. The total is charged to your payment method.

7.4 Credit is non-refundable except in limited circumstances (see clauses 8 and 9).

7.5 Funds may not be available immediately due to payment processing times.

7.6 You authorise us to transfer funds to Service Providers for processing and holding.

7.7 We do not support cash, cheques, international wires, or third-party deposits.

8. Service Refunds (for Bookings and On-Site Services)

8.1 Service Refunds are issued in Penny Credit when a booked or used On-Site Service fails to be provided correctly (e.g., site unavailable, shower or power point not delivered).

8.2 Cancellation Refunds are available for bookings cancelled in accordance with the Participating Provider’s cancellation policy.

8.3 Default Cancellation Policy: If no specific policy is published by the Participating Provider, you may cancel and receive a full Service Refund if the cancellation is made at least 72 hours prior to the scheduled start of the booking.

8.4 No Service Refund will be issued if cancellation or denial of access results from:

• your breach of the Participating Provider’s terms, conditions, or site rules;
• your breach of this Agreement;
• misconduct, damage, or safety concerns; or
• any failure on your part to meet booking or service conditions.
  In such cases, the full fee remains payable.

8.5 Refund requests must be submitted within 7 days of the transaction via the Website and/or Mobile Application or support (help@go-penny.com).

8.6 Approved Service Refunds are returned as Penny Credit to your Account.

8.7 We are not responsible for enforcing Participating Provider policies. You must review their terms at the time of booking.

8.8 Individual Participating Providers are responsible for all bookings and availability. We work closely with them to ensure good customer service, but we are not liable for any failure in service delivery or lack of availability.

9. Withdrawal of Credit (Cash-Out)

9.1 You may request a Withdrawal of unused Penny Credit to the original payment method by submitting a request via the Website and/or Mobile Application’s messaging service.

9.2 Withdrawals are subject to:

• a NZD $5.00 Withdrawal Fee, deducted from the Credit amount;
• verification of identity and original funding source;
• a minimum Withdrawal amount (if any, shown in-app);
• processing within 10 Business Days; and
• payment in NZD via the original payment method.

9.3 Withdrawals are not available if:

• your Account is under review, suspended, or restricted;
• the original payment method is no longer valid or supported.

9.4 Approved Withdrawals are paid to the original funding source, less the Withdrawal Fee.

9.5 We may refuse or delay Withdrawals for compliance, fraud prevention, or risk reasons.

10. Late Charging and Negative Credit

10.1 Charges for On-Site Services or bookings may be applied late to your Account due to connection issues or delayed processing.

10.2 If late charges result in a negative Credit balance, your Account may be suspended, and access to On-Site Services or boom gates may be restricted until the balance is restored to zero or above.

10.3 You guarantee to rectify any negative Credit balance within 5 Business Days of the charges being applied by topping up your Account.

11. Account Expiry

11.1 If your Account has no activity (e.g., top-ups, bookings, or On-Site Service use) for a continuous period of 2 years, it will be deemed inactive and terminated.

11.2 Upon termination, any remaining Credit will be forfeited and become the property of KiwiCash Limited.

12. Appointment of Service Providers

12.1 We may appoint third parties to provide payment, verification, custody, or other operational services.

12.2 You agree to their terms where applicable.

12.3 We are not liable for acts, omissions, or failures of Service Providers except where caused by our negligence.

13. Appointment as Agent

13.1 You appoint us as your agent to:

• process payments;
• activate On-Site Services;
• deduct Fees;
• manage Credit; and
• liaise with Participating Providers.

14. Your Instructions

14.1 Instructions must be given via the Website or Mobile Application.

14.2 We may act on Instructions we reasonably believe are from you.

14.3 You are bound by Instructions made using your credentials.

15. Acknowledgements

15.1 You acknowledge:

• Fees are owed even if not charged due to error;
• we may reverse Transactions or recover losses;
• vehicle recognition (e.g., license plate) may have errors — you remain liable for correct fees;
• Credit has no cash value and cannot be transferred except via approved Withdrawal;
• we monitor usage for fraud or abuse.

16. Refusing Instructions

16.1 We may refuse any Instruction or Transaction if:

• there is insufficient Credit;
• Participating Provider exclusions;
• we suspect fraud or abuse;
• you breach this Agreement;
• it is required by law; or
• for technical or risk reasons.

17. Failure to Pay

17.1 If Fees are owed due to undercharging, negative balance, or abuse, you authorise us to:

• deduct from future top-ups;
• suspend your Account; or
• pursue recovery.

18. Confirmations

18.1 We may provide electronic confirmations of top-ups, usage, refunds, and withdrawals via the Website and/or Mobile Application or email.

19. Funds and Credit

19.1 Penny Credit is not cash. It is a prepaid right to use On-Site Services and bookings.

19.2 In insolvency, Credit is a contractual right and may not be recoverable.

19.3 We maintain records of your balance in the dedicated separate account to ensure accurate tracking of your funds.

20. Fees and Charges

20.1 On-Site Service Fees (e.g., showers, power points, laundry) are displayed in the Website and/or Mobile Application at the time of activation. You accept the fee by activating the On-Site Service. No advance notice is required for changes to these per-use fees.

20.2 Account Fees (including top-up transaction fee and withdrawal fee) are published in the Website and/or Mobile Application and on the Website. We may change these with 10 days’ notice, unless immediate change is required by law, regulation, or payment processor requirements.

21. Restriction, Suspension, or Closure of Account

21.1 We may immediately restrict, suspend, or close your Account if:

• false information is provided;
• you abuse the system;
• you have unpaid Fees or negative Credit;
• we suspect fraud;
• you breach this Agreement;
• it is required by law; or
• you are insolvent.

21.2 On closure:

• remaining Credit may be forfeited if under $10;
• we may deduct owed Fees;
• no refund or withdrawal if closed for breach.

21.3 You may close your Account at any time via the Website and/or Mobile Application settings. If Credit remains, you must withdraw it first (clause 9). Closure is instant once the balance is zero.

22. Anti-Money Laundering

22.1 We may verify your identity using third-party services.

22.2 You must provide accurate information for AML/CTF compliance.

22.3 We may block Transactions or close Accounts if risks are identified.

23. Privacy and Data Removal

23.1 We collect name, email, phone, vehicle registration, and other data for verification, security, compliance, and service delivery.

23.2 Your name, phone and vehicle registration will be made available to Participating Providers you have used for a limited time for operational and safety purposes.

23.2 You may request complete removal of your information from our system by using the Close Account feature in the Website and/or Mobile Application’s messaging service.

23.3 We will retain data only as long as necessary for legal, compliance, or operational purposes, in accordance with the Privacy Act 2020. See our Privacy Policy for full details.

23.4 Identification provided will not be released to third parties except in criminal proceedings, where we may assist the New Zealand Police.

24. Intellectual Property and Confidentiality

24.1 All content, branding, and software are owned by Penny or our licensors. You may not copy, modify, or reverse engineer.

24.2 You agree not to share images, screenshots, or details of the Penny Service’s functionality or platform with third parties.

25. Liability

25.1 We are not liable for:

• service interruptions;
• Participating Provider failures;
• vehicle recognition errors;
• damage to vehicles or loss of life from use of On-Site Services (e.g., power points);
• indirect or consequential loss; or
• issues beyond our control, including Force Majeure events.

25.2 Our liability is limited to resupply of services or refund of Credit used.

25.3 You guarantee that any vehicle used for On-Site Services (e.g., power points) complies with all local laws, including holding a valid Electrical Warrant of Fitness. We are not responsible for any damage or loss resulting from non-compliant vehicles.

26. Termination

26.1 You may close your Account at any time via the Website and/or Mobile Application or by contacting support at help@go-penny.com. Any remaining Credit will be handled under clause 9 (Withdrawal).

26.2 We may terminate immediately for breach, fraud, or risk.

26.3 We may terminate your Account for convenience if it has been inactive for 24 months (under clause 11), or with 30 days’ written notice. Remaining Credit may be withdrawn under clause 9.

27. Complaints

27.1 If you have a complaint, contact us at help@go-penny.com within 30 days of the issue. We will respond within 5 Business Days.

27.2 Complaints are handled during New Zealand business hours, 9:00 AM to 5:00 PM, Monday to Friday, excluding public holidays.

28. Support

28.1 Support is available during New Zealand Time business hours, 9:00 AM to 5:00 PM, Monday to Sunday, excluding public holidays via:

• Email: help@go-penny.com;
• Website and/or Mobile Application messaging service; or
• Phone: 0800 140 047.

28.2 For urgent queries outside business hours, after-hours support is available from 5:00 PM to 8:00 PM via phone, where calls will be transferred to our on-call support person’s mobile phone.

28.3 Non-urgent queries submitted after hours will be addressed the next Business Day.

29. Messaging

29.1 By agreeing to these Terms & Conditions, you consent to receive important service notifications, confirmations, and updates through the Website and/or Mobile Application’s messaging service or email.

30. Governing Law

30.1 This Agreement is governed by the laws of New Zealand.

Kiwi Cash Limited (trading as Penny)
NZBN: 9429042428480
help@go-penny.com
go-penny.com

Copyright © 2025 Penny. All rights reserved.