Fuel App Terms & Conditions

ABOUT THESE CONDITIONS

  1. These are the conditions of use (*Conditions*) for the Fuel Price Lock promotion offered by 7-Eleven Stores Pty Limited ABN 48 005 299 427 (*7-Eleven*, *we* *us*) and its affiliated stores in Australia, last updated [09 May 2017]. By registering a reloadable 7-Eleven Card (*Card*) to the 7-Eleven Fuel App (*App*), or by activating or redeeming a Fuel Price Lock Voucher, the user of the App (*you*, *your*) agrees to these Conditions. 'Card Balance' has the same meaning as in the Reloadable 7-Eleven Card Terms and Conditions.

  2. SUMMARY BENEFITS OF THE 7-ELEVEN FUEL APP

    The 7-Eleven Fuel App is a software application for use with compatible smartphone and tablet devices.

    * Using the App in accordance with these Conditions allows you to search nearby 7-Eleven stores that sell your preferred type of fuel and find the best current local price.
    * If you wish, you can reserve a Fuel Price Lock Voucher for a chosen volume of fuel (between 10 and 150 litres) and 'lock in' that price for up to 7 days. To reserve a Fuel Price Lock Voucher, you must have available a Card Balance of at least the value of the Fuel Price Lock Voucher.
    * No charge applies for reserving a Fuel Price Lock Voucher, and you are free to use your Card Balance at any time after you have reserved it.
    * You can have only one Fuel Price Lock Voucher at a time for each reloadable 7-Eleven Card.
    * You can only create two Fuel Price Lock Vouchers per day for each reloadable 7-Eleven Card.
    * You have 7 days to collect the fuel from any 7-Eleven store in Australia which sells that fuel type, at the lower of the Fuel Price Lock Voucher price or the current pump price at that store.
    * A Fuel Price Lock Voucher is not transferrable and can only be redeemed by You, the holder of the Card account.
    * A Fuel Price Lock Voucher can only be redeemed once, even if you purchase more or less fuel than the chosen volume. Only one voucher can be used per fuel type per transaction. Where multiple fuel types are purchased in a single transaction, separate Fuel Price Lock Vouchers can be used for each fuel type.
    * When you collect your fuel, you can choose to use the held Card Balance, cash, eftpos or credit cards accepted by the 7-Eleven Store. Fleet Card, Motorcharge, Motorpass and 7-Eleven Fuel Card are not accepted for Fuel Price Lock Voucher payments.
    * The App shows when the fuel price at each 7-Eleven Store was last checked. Usually, the fuel prices quoted by the App are checked upon each opening then at least once each hour and at that time are the same as the pump price at the relevant 7-Eleven Store. If there is ever a difference, the price quoted by the App is taken to be correct for the purpose of Fuel Price Lock Vouchers.
    * 7-Eleven intends the fuel pricing displayed using the store finder function of the App will usually be accurate. However, any price displayed is subject to change without notice and there can be a short time lapse between any such change and the updating of the pricing which is displayed on the App. From time to time the store finder function may not be able to display prices, or may display prices that are not up-to-date. You should check the pump price displayed before purchasing fuel at any 7-Eleven store.
    * IMPORTANT - For fuel purchases without a Fuel Price Lock Voucher, you need to pay the pump price at the relevant 7-Eleven Store, even if the App shows a different price applied at a previous time.
    * 7-Eleven reserves the right to cancel or refuse to honour a Fuel Price Lock Voucher where we are of the reasonable opinion that the Fuel Price Lock Voucher is not being used in accordance with these terms.
    * The App uses map functionality from either Google Maps (for Android devices) or Apple Maps (for Apple devices). The terms of use of the applicable map service (*Map Terms*) apply to your use of the map functionality through the App and are available at http://www.google.com/intl/en-us/help/terms_maps.html for Google Maps and http://www.apple.com/legal/internet-services/maps/terms-en.html for Apple Maps. By using the map functionality in the App, you are agreeing to be bound by the relevant Map Terms.

  3. REQUIREMENTS FOR USING THE 7-ELEVEN FUEL APP

    To use the 7-Eleven Fuel App:

    * you must have a compatible smartphone or tablet device (*Device* - you can find out which Devices are compatible at www.7eleven.com.au );
    * you must download the 7-Eleven Fuel App from the appropriate application store and keep the App updated to the most current version;
    * you must have a current telecommunications provider that allows the Device to access the Internet;
    * your Device permissions must allow the App to determine the Device location by accessing the global positioning system function;
    * your Device will not be valid and may be blocked for creation of a Fuel Price Lock if mock locations are enabled in developer options/settings or the Device location has been falsified by manipulating the global positioning system function;
    * you must specify a preferred fuel type (such as Mobil Special Unleaded, Special E10, Extra 95, Special Diesel, Supreme 98+ or Autogas);
    * Additised Mobil fuels are not available in 7-Eleven Fuel Stores located in Western Australia and the Newcastle region. Fuel Price Lock vouchers can still be redeemed at these stores on standard Mobil fuels (Unleaded, ULP95, ULP98, E10, Diesel and Autogas).
    * to obtain a Fuel Price Lock Voucher, you must:
       - have a reloadable 7-Eleven Card;
       - register that Card through the App; and
       - have enough Card Balance to match the value of the Fuel Price Lock Voucher.

  4. ACTIVATING A FUEL PRICE LOCK VOUCHER

    You can use the App to check fuel prices near your location even if you don't want to reserve a Fuel Price Lock. When you use the App to search for fuel prices, the App will usually communicate with 7-Eleven and identify up to the five 7-Eleven Stores that are closest to your current location and have your preferred fuel type available. The 7-Eleven store with the cheapest “best local price” will be the fuel price you are offered a Fuel Price Lock on. If there are no 7-Eleven Stores within 250 km of you, the App may not be able to be used to reserve a Fuel Price Lock.

    If you do not activate a Fuel Price Lock Voucher within 15 minutes, the App will time-out and you will need to check the best local fuel price again - to prevent misuse, there are limits on the number of times this can be checked per day.

    You cannot activate a Fuel Price Lock Voucher if, at that time, your Card already has an active Fuel Price Lock Voucher associated with it.

    If you wish to activate a Fuel Price Lock Voucher, you can choose to select a volume of your preferred fuel between 10 and 150 litres. Your Card that is registered through the App must have a Card Balance greater than the Fuel Price Lock Voucher value (which is the selected price multiplied by the number of litres of fuel). If the Card Balance is not sufficient, you can use the App to add to the Card Balance in accordance with the Terms and Conditions using an approved payment mechanism such as a credit card (subject to approval of the payment transaction).

    You do not buy the fuel at the time a voucher is activated: after it is activated you are free to use all or part of the Card Balance or to not use the voucher as you wish.

    If you confirm activation of the Fuel Price Lock Voucher, you're done! You will receive a unique voucher number with the agreed details: the fuel type, fuel price, maximum litres, and the expiry date and time.

  5. REDEEMING A FUEL PRICE LOCK VOUCHER

    If you have a Fuel Price Lock Voucher that has not expired, you can redeem it at any 7-Eleven Store in Australia that sells the fuel type specified in the voucher. The voucher (displayed through the App) must be presented and scanned at the counter prior to payment to receive your Fuel Price Lock voucher price. Note that a photo of the voucher may not be accepted and you may be asked to display the voucher as presented through the App.

    You can purchase up to the maximum number of litres specified in the voucher at the price specified in the voucher (for any additional fuel you purchase, the pump price will apply). However, if the pump price for that fuel type is less than the price in the voucher, you will pay the lower of the 2 prices for the whole of your purchase.

    Only one Fuel Price Lock Voucher can be used per fuel type and item purchased per transaction. If there are two items of identical fuel type purchased in the same transaction, the Fuel Price Lock Voucher will be applied to the highest value item. Note that for the purposes of these terms, a single fuel item is measured from the time when a single pump handle is lifted from the bowser and fuel is expelled from that bowser, and ends when that pump handle is first replaced back onto that bowser. Any fuel obtained by subsequently lifting the pump handle from the bowser to expel further fuel shall constitute another fuel item for the purposes of that transaction.

    If you don't need all of the maximum number of litres specified in the voucher, that's fine. However, once the voucher has been used, it cannot be used again in a separate fuel purchase transaction.

    If you need more fuel than the maximum number of litres specified in the voucher, you must pay the pump price - the per litre price for that fuel type that is specified on the pump at that time.

    You must pay for all the fuel you purchase. You can choose to pay with your available Card Balance), or using other selected payment mechanisms, including cash, eftpos or credit cards accepted by the 7-Eleven Store. Please note that Fleet Card, Motorcharge, Motorpass and 7-Eleven Fuel Card are not accepted for Fuel Price Lock Voucher payments.

    After you have presented the voucher and paid for the fuel, the Fuel Price Lock Voucher is redeemed and any remaining entitlement is forfeited. You are now eligible to activate a new Fuel Price Lock using the app.

  6. WHAT IF THERE IS A TECHNICAL PROBLEM AT THE TIME OF REDEMPTION?


    - In rare cases, 7-Eleven may not be able to redeem your Fuel Price Lock Voucher at the time you wish to make your fuel purchase. If this happens, and you have already dispensed the fuel, you must purchase the fuel at the standard pump price and finalise payment at that price. We will credit the difference in accordance with this clause 6.
    - You will be issued with a store transaction receipt for proof of purchase
    - In the settings menu of the App you can find contact details for the 7-Eleven Customer Service
    - Email your receipt and a screen shot of your Fuel price Lock voucher and/or the unique 13 alpha numeric barcode to 7-Eleven Customer Service 24-7customerservice@7eleven.com.au
    - Your Fuel Price Lock voucher discount will be promptly credited to the Card associated with the App.

  7. WHAT IF YOU DO NOT REDEEM A FUEL PRICE LOCK VOUCHER?

    An active Fuel Price Voucher cannot be cancelled. To remove it from the App you must redeem the voucher to purchase the preferred fuel type at any 7-Eleven Store or wait for it to expire.

    A Fuel Price Lock Voucher will expire exactly 7 days after you activate it, and the date and time are noted in the voucher. For example, if you activate a Fuel Price Lock Voucher at 12:59 pm on a Monday, the voucher will expire at 12:59 pm (in the same time zone) on the next Monday.

  8. CHANGING OR WITHDRAWING THE FUEL PRICE LOCK PROMOTION

    7-Eleven can change the conditions of use of the Fuel Price Lock Promotion at any time (including to discontinue the promotion), however a change will not affect any activated Fuel Price Lock Voucher. The current Conditions are available through our website www.7eleven.com.au . We will tell you about any significant change to these Conditions by an in-App message or through the email or mobile phone number you used to register your Card.

  9. OTHER BONUS OFFERS

    From time to time, the App may offer other bonus offers (such as an offer of a free item or a two-for-one offer. Such offers usually have their own conditions (such as an expiry date), but do not override these Conditions.

  10. PRIVACY

    We collect information through your use of the App about how you use vouchers, including geolocation data, which we use in providing the services to you and optimising 7-Eleven's services in Australia.

    We may also share your information with our third party service providers to assess whether you pose a risk to our business or to the business of our related entities.

    Some of our service providers operate in overseas locations (predominantly the United States of America, Canada and New Zealand) and we may therefore need to transfer your information overseas in order to receive these service provider services.

    7-Eleven's privacy policy is available online at www.7eleven.com.au/privacy-policy and contains details of how you can access information we hold about you, how you can ask for any information to be corrected, and the process we follow to respond to any complaints about our management of personal information.

  11. INTELLECTUAL PROPERTY

    7-Eleven grants you a non-exclusive licence to use the App for the limited purposes outlined in clause 2 of these Conditions. You must not copy, disclose, distribute, reverse-engineer or sub-license any part of the App.

    Some components of the App have been developed through the use of open source materials which require 7-Eleven to notify you of their licence terms, as follows. The open source materials used are:

    AFNetworking, CocoaLumberjack, HockeySDK, Masonry, vmobsdk, sugar

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

    Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

    Neither the name of the open source material nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE

    The following additional open source materials have also been used in developing the App which require 7-Eleven to notify you of their licence terms, as follows:

    RESTKit, The Picasso Project, The Apache Commons Codec Project, The Gson Project, The Volley Project and The ZXing Barcodes Project.

    The above open source materials are licensed under the Apache 2.0 License; you may not use these files except in compliance with the License. You may obtain a copy of the License at: http://www.apache.org/licenses/LICENSE-2.0

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.