Observing the recent introduction of the snapper readers on the commuter buses in Wellington, I wondered just how it worked, what saving it actually provided me (they claim it will be cheaper, but they seem to charge for everything), and what are my rights as a consumer.

Reading through the Terms & Conditions of the Snapper site, is a depressing way to pass a wet afternoon, but I’m sure most victims of this system will be unaware of the how they forfeit their rights.

The first thing that I noted was that they retain ownership of the card, but take absolutely no liability for it doing any damage, or if it fails. So you pay to be given one and you need to look after this thing, and they take no responsibility for it’s continued function.

It costs you every time you load money into it, and once it’s in there, it’s not you money any longer; now they’ve got it, it seems impossible to get it back. The stored value in the card is non-refundable and non-transferable; not even to another card (unless you "register" your card; however, there is not definition of a registered card). Not using the card for a year, means they just take the money. You cannot rely on this card provide payment for a transaction, and they are happy to refuse you (lots of clauses about that).
So waving "your" card around the reader on a bus and it doesn’t work means you better have some cash handy or the bus goes without you.

There are a limited number of "rights" given to card holders, but this is restricted to "Registered Cards", a category they don’t define. The FAQ suggests that it : means they have your personal details to link (and track) your electronic transactions. This raises the question of privacy; and that was a doozy!
Read this self-referential piece of legalese for yourself:

65. Snapper Privacy Policy
Where we collect personal information from or about you through your use of a Card, the Website, or your Online Account, the Snapper Privacy Policy shall apply. For an explanation of our practices and policies relating to the collection, use, and storage of your personal information, please refer to the Snapper Privacy Policy, which forms part of these Conditions.

.. that’s it … no more. If you dig further they have a privacy policy page but seeing as they are happy to modify their policy without warning, I’m not convinced.

We may (at any time and without prior notice to you) revise these Conditions. Changes to these Conditions will take effect immediately once they are published on www.snapper.co.nz. By ordering, or continuing to use, a Card after we have published revised Conditions, you agree to be bound by the revised Conditions.

And I wonder how I would do this on the bus:

You must check the Card, and any change tendered, upon the purchase or issuing of the Card and upon the addition or subtraction of any Stored Value to the Card. Neither we nor our Authorised Merchants (as the case may be) shall be liable for any error or omission not drawn to attention of us or our Authorised Merchants at the time of purchase, issue, addition, or subtraction.

The whole thing relies on them being nice guys; basically it’s a rort but what can you do? Personally, I will spend my time on the bus musing on how to hack exploits in the system.