12,864,379 CUPS RESCUED AND COUNTING

7-Eleven Mobile App Conditions of Use

 
1. About these Conditions

1.1.  These are the conditions of use (Conditions) for the 7-Eleven Self Checkout service (Service) offered by 7-Eleven Stores Pty Limited ABN 48 005 299 427 (7-Eleven, we, us or our) and its affiliated stores in Australia, last updated 15th February 2019. 

1.2.  By downloading the 7-Eleven Self Checkout application (App) and registering an account, you confirm that you have read, understood and agree to be bound by these Conditions.  If you do not agree to these Conditions, you must not access, or must stop accessing, the App.

1.3.  7-Eleven reserves the right to suspend or terminate the App, discontinue the Service, any functionality of the App or your specific App account, with or without cause or notice, at any time.

1.4.  The Service is only available at a limited number of participating 7-Eleven stores, and the App will currently only work in these specific stores (Participating stores). Participating stores can be viewed on the App.  If additional stores are selected to participate, we will notify you within the App.

2. Summary benefits of the App

2.1.  The App is a software application for use with compatible iOS and Android smartphone devices (Device). 

2.2.  Using the App in accordance with these Conditions allows you to select and purchase eligible goods at Participating stores using your Device.  See clause 7for further details.

2.3.  In order to add goods to your shopping basket in the App, you can scan barcodes of eligible goods using your Device, or tap an icon for popular goods within the App.

2.4.  7-Eleven intends the price of goods displayed within the App should match in-store pricing. This includes store-wide promotions and discounts, but excludes individual vouchers and Fuel Lock vouchers. 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. If there is ever a difference, a store team member can help to ensure you are paying the lowest price, which may involve paying for goods using the traditional Point-of-Sale checkout in the store. 

2.5.  7-Eleven reserves the right to amend any pricing errors in the App that arise due to human error, computer malfunction or other reason. 7-Eleven will notify you of any error in pricing and you may elect to not purchase any goods where the price has been corrected.

2.6.  If you wish to order a sold out product, or if you are unable to purchase the quantity you would like to, please contact a store team member.

2.7.  In order to activate the scan and shopping basket functionality of the App, the Device must receive a beacon signal, which confirms that the phone is within a Participating store. Participating stores are fitted with a device which emits the beacon signal, enabling Devices with the App to use the scan and shopping basket function. If the Device is not in a participating store, it cannot receive the beacon signal and thus the scan and shopping basket function will not activate.  You must ensure that your Device's mobile data connection is enabled in order to receive the beacon signal and use the App in store.

2.8.  You are responsible for your Device's carriage service and mobile data charges in connection with your use of the App.  7-Eleven is not responsible if your use of the App causes you to exceed any data usage quotas or other limitations that may apply to your Internet service.

2.9.  You must pay for goods before you leave the store using a valid payment method through the App, which will require prior activation of your payment type.  See clause 9for further details about making payments through the App

3. Registering your account

3.1  To purchase goods using the App, you must register an account with us. To register an account you must

a.  either:

i.   be at least 18 years old, and have the capacity to enter into a legally binding agreement with us; or

ii.   if you are under 18 years of age, then you must obtain your parent or guardian’s consent before registering an account with us and using the App;

b.  have an internet-enabled compatible iOS or Android Device (you can find out which Devices are compatible at www.7eleven.com.au) which is connected to the Internet;

c.  download the App from the appropriate iOS or Android application store;

d.  provide information including your name, email address, date of birth and payment credentials. You must ensure that all information that you provide when you register your account and use the App is accurate, complete and current; and

e.  take a photo of your face. The photo will be vetted by an algorithm to ensure it is a valid photo, otherwise your registration will not be approved.  When you visit a 7-Eleven store and use the App to purchase goods, this photo and your name will be visible to the store team member. This is to let the store team member know that you are using the App. Your photo will not be used by 7-Eleven for any other purpose.

4.  Account security

4.1.  You must take steps to secure your Device(s) on which the App has been downloaded.

4.2.  When you set up your account, you will be required to create an account password.

4.3.  You are responsible for ensuring that:

a.  your password is kept secret and secure (e.g. not recorded with or on your Device), not easily guessed or deciphered (e.g. your date of birth), and not shared with another person;

b.  the authentication code from a credit card registered to your account, device or App is not kept with your Device;

c.  you are the only person that uses your account and your Device. You must not authorise anyone else to use your account;

d.  you only log onto your account on one Device at any time; and

e.  your account information is updated if your details change (i.e. your mobile phone number or email address) in order to continue to use your account and your payment method.

4.4.   You must notify 7-Eleven immediately and take immediate steps to re-secure your account (including by changing your password) if:

a.  your Device is lost or stolen; and/or

b.  you suspect or become aware of any unauthorised use of your account or that your password is no longer secure.

4.5.  7‑Eleven is entitled to rely on any purchase made using your Device as authorised by you.  7-Eleven is under no obligation to check that any purchase, instruction or confirmation made through your account is from you. We are not responsible for any unauthorised activity on your account (including any loss or damage) if you fail to keep your account login information secure.  We may refer fraudulent or abusive or illegal activity to the relevant authorities.

4.6.  7-Eleven may:

a.  enforce or implement any security measures it deems appropriate; or

b.  update and add security measures,

in relation to the App at its discretion at any time.

4.7.  Security of your account is important to 7-Eleven. However, 7-Eleven cannot guarantee that the App will always be available, fault-free and secure or that it will be free from viruses or other harmful programmes.

4.8.  By using the App, you acknowledge that you are aware of, and accept this risk, including, without limitation, the risk that a third party may gain access to your account which contains personal and confidential information.

4.9.  You acknowledge and agree that you have exercised your independent judgment in acquiring the App and the Services and have not relied on any representation made by 7-Eleven which has not been expressly stated in these Conditions.

5.  Restricted parties

5.1.  You warrant and represent that the following statements are true and correct:

a.  you are not located in a country that is subject to an embargo by the governments of the United States of America or the Commonwealth of Australia or in a country that has been designated by the United States of America or the Commonwealth of Australia as a "terrorist supporting" country; and

b.  you are not included on any list of prohibited or restricted parties by the governments of the United States of America or the Commonwealth of Australia.

6.  Using the App

6.1.  To use the App, you must:

a.  have successfully registered an account;

b.  keep the App updated to the most current version;

c.  consent to 7-Eleven accessing information about your current location by enabling location services through the permission system used by your Device’s native operating system.  The App uses the location services for the purposes of determining when you visit a Participating store and are therefore able to use the App to purchase goods.

6.2.  You may incur and are solely responsible for charges from your mobile phone network operator for downloading and using the App and the Services.

7.  Shopping with the App

7.1.  Once you are within a Participating store, you will be able to press the ‘Start Shopping’ button on the App home page. This will activate the barcode scanner function on your Device, enabling you to scan the barcode of goods and thereby adding them to your basket for purchase. In addition, there are icons for popular goods. Tapping the icon will add the item to your basket.

7.2.  In order to add multiple quantities of the same product, you will need to scan the barcode or tap the icon according to the quantity you would like to purchase.

7.3.  Not all goods available in store can be purchased using the App. Goods that are not eligible for purchase through the App include, but are not limited to, fuel, e-Services (such as mobile phone recharge vouchers or Opal card top-ups) and Moneygram services. We may determine the goods that are available for purchase within the App at our discretion from time to time.

7.4.  Certain types of goods sold at 7-Eleven stores are subject to age restrictions (e.g. tobacco products).  Nothing in these Conditions permits you to purchase any goods if you do not meet the relevant age restriction.  Where goods are subject to age restrictions, 7-Eleven store members may request evidence that you meet the relevant age restriction.  If you are unwilling or unable to provide satisfactory evidence of proof of age, the 7-Eleven store may refuse to provide the goods to you.

7.5.  Certain types of goods that you purchase through the App may be subject to additional restrictions and requirements as part of the checkout process.  For example:

a.  tobacco products must be requested from 7-Eleven store members so that ID verification can be completed.  Once ID verification is completed, the 7-Eleven store member will provide you with the item for scanning into the App and completion of payment; and

b.  Myki card top-ups must be requested from 7-Eleven store members.  The 7-Eleven store member will provide you with barcodes that can be scanned into the App according to the amount you wish to top-up.  You will then need to complete payment through the App.  Completing payment through the App does not automatically top-up your Myki card.  Once payment is complete, you will need to present your Myki card to the 7-Eleven store team member to complete the top-up.

7.6.  You may review your basket at any time by tapping on the basket icon. If you no longer want a scanned item within your basket, you can delete it.

7.7.  Once you are satisfied with the goods in your basket, pay by clicking the ‘Checkout now’ button. If this is your first time using the App, you will need to add your payment details as outlined in clause 9below. Otherwise, you can select from saved payment options.

7.8.  You must pay for your selected goods in full before leaving the store with your goods using one of the payment methods we provide within the App.

7.9.  Once payment has been received successfully, you will receive a notification and may leave the store with your purchased goods. If payment has not been received successfully, you will receive a notification advising you to seek help from a store team member, who may ask you to pay for your goods via the traditional Point-Of-Sale system.

7.10.  We do not warrant that the App will be available at all times and without disruption.

8.  Returns for change of mind

8.1.  Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8.2.  The returns process in this clause 8is in addition to any rights and remedies you may have in respect of any breach of a Non-excludable Term (see clause 16) or otherwise at law.

8.3.  if you change your mind, you can return any product (other than perishable goods):

a.  within 30 days of purchase;

b.  unused in the original packaging, which must be in the original condition.

8.4.  To return an item for change of mind you will need to:

a.  return the product at the store it was purchased from, and obtain a record of the return from the store; and

b.  email a copy of the record of return you received from the store with subject “Self Checkout Return” to 24-7customerservice@7eleven.com.au as well as your original purchase receipt, which you will have received via email to your registered email address. You will also need to provide your name, email address and phone number.

We will then issue a refund to your original payment method. This may take up to 10 business days.

8.5.  You are responsible for your expenses associated with returning an item for change of mind in accordance with this clause 8.

9.  App payment conditions

9.1.  To pay for goods using the App, you must:

a.  register an eligible credit card or debit card  (Nominated Card). The types of eligible credit cards or debit cards that we accept are listed on our website at https://www.7eleven.com.au/mobile-checkout/things-you-should-know. You can also check whether your Nominated Card is eligible by attempting to enter its details on the online checkout screen; or

b.  using any other payment method listed on the online checkout screen,

(your Nominated Payment Method).

9.2.  Each time you load a Nominated Card into the App, you authorise a temporary hold of up to $1 against that Nominated Card (Pre-Authorisation Hold). 7-Eleven is not responsible for, and has no influence over, the time it takes for your bank to release the Pre-Authorisation Hold. Please contact your bank if you have any questions.

9.3.  Payments via the App are processed by our third party provider and are pursuant to the following conditions:

a.  You must be fully entitled to use your Nominated Payment Method.

b.  It is your responsibility to ensure your Nominated Payment Method details are valid and up to date and that sufficient funds or credit facilities are available at the time of payment processing to cover the purchase.

c.  Payment for orders will be processed immediately.

d.  We reserve the right to obtain validation of your payment details before approving your payment and carry out security checks from time to time. If your Nominated Payment Method triggers fraud prevention protocols (i.e. your credit or debit card has expired, has been reported stolen by your bank) or where your Nominated Payment Method is unable to be used for any other reason, your transaction may be rescinded. You will be notified via the App that your payment was unsuccessful. In this case, please go to a store team member and pay for your goods via the traditional Point-Of-Sale system.

e.  We do not see nor store details of your Nominated Payment Methods. All payment information is collected, processed and stored by our third party service provider (ADYEN) in order for your transactions to be processed as required.

f.    7-Eleven reserves the right to investigate all accounts where we suspect incorrect or fraudulent activity has occurred.

g.  A Pre-Authorisation Hold may be made each time you authorise payment using a Nominated Payment Method. In some cases, this may result in multiple Pre-Authorisation Holds – for example, if you cancel a payment authorisation, or a payment authorisation times out, and you then proceed with another payment authorisation to make an in-App purchase using your Nominated Payment Method.

10. Advertising

10.1  You acknowledge and agree that:

a.  The App may feature advertisements from 7-Eleven and/or third parties;

b.  7-Eleven may at its sole discretion introduce advertising into any App that does not presently contain advertising.

c.  7-Eleven is not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view such third party websites and materials at your sole risk; and

d.  Any provision of information to third party advertisers by 7-Eleven will be governed by 7-Eleven's privacy policy (see clause 11.7below).

11. Privacy

11.1.  We collect personal information directly from you when you register for the App and in connection with your use of the App.

11.2.  The personal information we collect and use in connection with the App includes:

a.  your name, contact details, date of birth, your image, payment method details and other information that you provide when registering to use the App;

b.  geolocation data generated by your Device when you use the App or have the App running;

c.  transaction information relating to your use of the App (including goods purchased, the price of those goods, the date and time of purchase, and the location of the store);

d.  information about the way you use the App and your settings preferences; and

e.  information about your Device.

11.3.  we use this information for the purpose of providing our services related to the App (including for the purpose of personalising those services), processing payments and administering your account, providing you with recommendations (including personalised recommendations) in relation to 7-Eleven products or services and other marketing related purposes, conducting checks on your transactions and account (for example, credit card fraud checks) and for dealing with your enquiries and requests. Where 7-Eleven holds personal information about you that it has collected from different sources, 7-Eleven may combine this personal information into a single record. If you choose not to provide your personal information to us, you may not be able to use some or all of the services available as part of the App, receive updates from 7-Eleven or have 7-Eleven answer or respond to your enquiry or request.

11.4.  We may disclose your personal information to:

a.  external service providers and marketing organisations (and have those third parties collect your personal information on our behalf via their software); and

b.  suppliers, dealers, distributors and other third parties with whom we have commercial relationships,

for the purposes set out in this notice and other related business and marketing purposes.

11.5.  We may also disclose your personal information as a part of the management of the App to contractors, third party service providers and agents who supply to us administrative services in connection with the App and also to government bodies and regulatory authorities (where required or authorised by law).

11.6.  Some of our service providers operate in overseas locations (predominantly the United States of America, Canada and the Netherlands) and we may therefore need to transfer your information overseas in order to receive these service provider services. Where we share your personal information with such entities, we will do so in compliance with Australian privacy laws and will take steps to ensure that such entities agree to similarly protect that information.

11.7.  We will otherwise collect, hold, use and disclose your personal information in accordance with 7-Eleven's privacy policy (available at www.7eleven.com.au/privacy-policy) which 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.  7-Eleven’s privacy policy may be updated from time to time and it should be periodically reviewed by you.

11.8.  By entering into these Conditions, you consent to 7-Eleven collecting, using and disclosing your personal information in accordance with this clause 11.

12.  Intellectual Property

12.1.  7-Eleven owns or has obtained a valid licence to use all copyright, trademarks and other intellectual property rights in connection with the App. All rights of ownership over and in respect of the App (other than the right to use the App in accordance with these Conditions), will remain solely with 7-Eleven and/or its licensors (as the case may be). These Conditions do not constitute a transfer or conveyance of any intellectual property owned by 7-Eleven to you.

12.2.  7-Eleven grants you a non-exclusive, non-transferable licence to use the App for the limited purposes outlined in clause 6of these Conditions.  You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the App, including audio and video excerpts, except as permitted by statute or with our prior written consent.

12.3.  7-Eleven is not required to provide any documentation, support, telephone assistance, or enhancements or updates to the App.

13.  Third party terms and licences

13.1  7-Eleven uses third party applications, services and software in the App, including, but not limited to, payment services, location and map services software, market analytics software, market intelligence software, all of which may gather and report information about you in connection with your use of the App (such as location information, Device information and user content).

13.2.  When you use the App, you are agreeing to 7-Eleven’s use of such third party software and services. You are also agreeing to any applicable terms of use, licenses, or privacy policies related to such third party software and services. It is your responsibility to ensure that you comply with any related third party terms, and that you are aware of any third party privacy policies that may apply to you, in conjunction with these Conditions. A breach of any such terms of use, licenses, or privacy policies will be deemed a breach of these Conditions.  However, to the extent that any of the terms of use or licences include limitations on the liability of the third party, 7-Eleven may owe to you the liability that the third party has excluded, in accordance with clause 17.

13.3.  Your use of third party software and services may be subject to fees and terms and conditions and you acknowledge that 7-Eleven is not liable for the activities of such third parties.

13.4.  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:

  Adyen SDK, AWS SDK, Hockey SDK

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

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

b.  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.

c.  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

NOTE:  AS BETWEEN 7-ELEVEN AND YOU, THE ABOVE DOES NOT EXCLUDE OUR LIABILITY TO YOU TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW, IN WHICH CASE CLAUSE 17APPLIES.

13.5.  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:

  • The Retrofit Project, The AutoDispose Project, The ThreeTenABP Project, The rxLifeCycleBinding Project, The Dagger Project, The Glide 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.

14.  Apple App Store

14.1.   In this clause 14:

a)  Apple means Apple Inc. of 1 Infinite Loop, Cupertino, California, USA.

b.) Apple App Store means the store operated by Apple through which it makes applications available for devices running the iOS operating system.

14.2.   If you obtained the App from the Apple App Store, you and 7-Eleven acknowledge and agree that (to the full extent permitted by applicable law):

a. this document is concluded between you and 7-Eleven only, and not with Apple, and 7-Eleven , not Apple, is solely responsible for the App and the content thereof;

b. the licence to use the App permits you to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing;

c. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, either under these Conditions or applicable law;

d. 7-Eleven, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to:

i. product liability claims;

ii. any claim that the App fails to conform to any applicable legal or regulatory requirement; or

iii. claims arising under consumer protection, privacy or similar legislation, including with the App's use of the HealthKit and HomeKit frameworks;

e. in the event of any third party claim that the App or possession and/or use of the App by you infringes that third party's Intellectual Property rights, 7-Eleven , not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim;

f. Apple, and Apple's subsidiaries, are third party beneficiaries of these Conditions;

g. upon your acceptance of these Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Conditions against you as a third party beneficiary thereof; and

h. in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any) to you.  You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by 7-Eleven in accordance with these Conditions.

15.  Google APIs

15.1  In this clause 15:

a.   Google means Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, United States, unless set forth otherwise in additional terms applicable for a given API; and

b.  Google APIs means Google's APIs, other developer services and associated software.

15.2.  If you use the App in a manner that access or uses any Google APIs, you agree to comply with (and not do anything to violate) the Google APIs Terms of Service.

16.  Termination

16.1.  You can delete the App on your Device at any time. You must notify 7-Eleven by email to 24-7customerservice@7eleven.com.au if you wish to permanently delete your account. By cancelling your account, your login details and other information contained within the App and any other 7-Eleven services using the same login details will be permanently deleted.

16.2.  7-Eleven can immediately terminate these Conditions or suspend your access to the App if:

a.  you are in breach of any term of these Conditions; or

b.  you become bankrupt, are wound up or become subject to administration or receivership or any similar thing under any law.

16.3.  7-Eleven may suspend your access to the App without notice to you where 7-Eleven reasonably believes your access should be suspended, including where:

a.    it is necessary to comply with any law; or

b.  7-Eleven believes that there is a risk of fraud or security breach.

16.4.  7-Eleven may terminate this agreement if it decides to withdraw the App from the market (in which case 7-Eleven will endeavour to give you at least 14 days notice before doing so).

16.5.  Where 7-Eleven suspends or terminates your under clause 16.2or 16.3, you are not permitted to create a new account to circumvent the suspension or termination. 7-Eleven may at any time permanently block an individual from creating or administering an account at its sole discretion if it has reasonable cause to do so.

16.6.  Upon termination of this agreement, your licence to the App immediately ends, you must delete the App from your Device and any remaining copies of the App and any associated documentation or otherwise return or dispose of such material in the manner directed by 7-Eleven.

16.7.  Termination pursuant to this clause will not affect any rights or remedies which a party may have otherwise under these Conditions or at law.

16.8.  All provisions of the Conditions that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, indemnities and limitations of liability.

17.  Your Statutory Rights

17.1.  YOU MAY HAVE STATUTORY RIGHTS AND WARRANTIES UNDER APPLICABLE LAWS, INCLUDING CONSUMER GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW, WHICH CANNOT LAWFULLY BE EXCLUDED AND NOTHING IN THIS DOCUMENT HAS THE EFFECT OF EXCLUDING, RESTRICTING OR MODIFYING SUCH STATUTORY RIGHTS, WARRANTIES OR CONSUMER GUARANTEES.

17.2.  All implied terms, conditions, guarantees and warranties which otherwise might apply to or arise out of this agreement are excluded other than:

a.    those set out in this agreement; and

b.  any term, condition, guarantee or warranty which cannot lawfully be excluded or modified by agreement under applicable laws including those under the Competition and Consumer Act 2010 (Cth) (Non-excludable Terms).

17.3.  If a party is liable for a breach of a Non-excludable Term, where it is permissible under applicable law to limit liability for such Non-excludable Term, the party's liability is limited to (at the breaching party’s option):

a.    in the case of goods, including the App (to the extent the App is considered a good under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or

b.  in the case of services, including the Services – supplying the services again or paying the cost of having the services supplied again.

18.  Liability

18.1  To the extent permitted by law and subject to clause 17, in no event will 7-Eleven, nor its directors, employees, contractors, agents, partners or any other party involved in creating, producing or delivering the App, be liable under contract, tort (including negligence) or otherwise under or in connection with these Conditions and/or your use of or inability to use the App and any of the Services. This applies, without limitation, to any loss or damage which you may suffer as a result of:

a.   a failure to provide any App or Services, or any part thereof;

b.  any incompleteness, inaccuracy, unavailability of information provided (or unable to be provided) through the App;

c.  corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, any Service or App;

d.  any third party software and services embedded in the App;

e.  any bugs, viruses, Trojans, or the like (regardless of the source of origination);

f.  the actions or inactions of other App users;

g    the actions or inaction of participating retailers;

h.  suspension or loss of access to the App or any functionality; and/or

i.  unauthorised use or misuse of your account for any reason where 7-Eleven has not received written notice of cancellation in accordance with clause 16.1.

j.    any Pre-Authorisation Holds.

18.2.    Any loss, damage, liability or expense you suffer or incur in connection with your use of the App and which is not excluded under clause 18.1, whether arising under contract, tort (including negligence), under statute or otherwise, is limited to the sum of AUD$10.  This limitation does not apply to:

a.     your rights and remedies in respect of Non-Excludable Terms;

b.  any items that you purchase using the App.

18.3.  You will indemnify 7-Eleven against any claims, costs, damages, losses, liabilities, expenses or legal proceedings that  7-Eleven may suffer or incur as a result of any unauthorised access to your account and/or your use of the App in breach of these Conditions or any third party terms.

18.4.  You acknowledge that the App is provided at no charge and accordingly the exclusions of liability and indemnity set out in this clause are fair and reasonable.

19.  Changes to these Conditions

19.1  Subject to the remainder of this clause, 7-Eleven may amend these Conditions from time to time by publishing an updated version in the App. Please check the terms published in the App periodically for changes. Your continued use of the App following publication of updated Conditions confirms your acceptance of the updated Conditions.

19.2.  The changes 7-Eleven can make to these Conditions, without your authorisation, are limited to changes:

a.  to reflect updates to the functionality, security, options and Services available on the App;

b.  to reflect third party terms and conditions that apply to 7-Eleven and/or the App;

c.  that are generally beneficial to, or do not have any adverse impact on, users of the App; and/or

d.  that are required to reflect changes to applicable law.

19.3.  7-Eleven will request your confirmation, via the App, that you agree to the updated Conditions if the updated Conditions incorporate any other changes. Your continued use of the App will be subject to your confirmation that you agree to the updated Conditions.

20.  Contact

20.1  Questions, complaints or claims in relation to the App and/or Services should be directed to the following:

Name: Yuri Smolyar
Address: Unit 2, 658 Church Street, Richmond, VIC 3121
Telephone Number: (03) 9541 0711
Email: mobilecheckout@7eleven.com.au

21.  General

21.1.  You must comply with any additional terms and conditions brought to your attention in the App, when you are registering your account or using the App.

21.2.  You agree that:
a.    you will not assign or otherwise transfer your account;

b.  you will not use the App for any unlawful purpose, in any way that interrupts, impairs, damages or renders the App less efficient, to transfer files that contain viruses, Trojans or other harmful programs, to access or attempt to access the accounts of other account holders or to penetrate or attempt to penetrate any security measures;

c.  you will not do anything 7-Eleven reasonably considers to be disreputable or capable of damaging its reputation, the App or the Services; and

d.  you will comply with all applicable laws and regulations.

21.3.  If any provision of these Conditions is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Conditions will otherwise remain in full force and effect.

21.4.  The failure of 7-Eleven to exercise any right shall not be deemed a waiver of that right or any other rights that 7-Eleven may have.

21.5.  These Conditions are governed by and construed in accordance with the laws of Victoria and you submit to the exclusive jurisdiction of the Courts of Victoria, Australia.

21.6.  These Conditions constitute the entire agreement between you and 7-Eleven.