Fuel App Terms & Conditions

IMPORTANT INFORMATION

The 7-Eleven Fuel App allows you to load funds into your account to enable you to purchase fuel and other products from 7-Eleven.

This document sets out a summary of important information you need to know if you load funds into your account in the Fuel App, and should be read alongside the Fuel App Conditions of Use.

This statement does not form part of the Conditions of Use governing your use of the Fuel App. To the extent there is any inconsistency between this statement and the Conditions of Use, the Conditions of Use will apply.

Changes to the Conditions of Use

We may make changes to the conditions (as set out in clause 17.2 of the Conditions of Use). If we make a change, we will publish an updated version of the conditions in the Fuel App and our website. Your continued use of the Fuel App following publication of the updated Conditions of Use confirms your acceptance of the updated conditions.

Expiry of Vouchers

Vouchers allow you to access the price and volume of fuel that you have locked in in through the Fuel App for up to 7 days. Vouchers do not allow you to pay for fuel that you lock in using a Voucher.

Fuel can be paid for using funds loaded into your Account or any other payment method permitted by us.

Unauthorised or mistaken transactions

We are not liable for any loss or damage that you may suffer as a result of:

  • mistaken transactions using the Fuel App; or
  • unauthorised use or misuse of your Account for any reason (including as a result of the loss or theft of your smartphone) where 7-Eleven has not received written notice of the cancellation of your Account.

You must notify 7-Eleven immediately and take immediate steps to re-secure your Account (including by changing your password) if (a) your smartphone 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.

Fees and charges for using the Fuel App

7-Eleven does not charge fees or charges for the issue of the gift card or for loading funds to your Account.

However, there may be fees or charges associated with the method by which you choose to load funds in your Account. These fees and charges may be subject to change, but you will be notified of these fees and charges prior to being charged.

  1. About These Conditions
    • These are the conditions of use (Conditions) for the 7-Eleven Fuel App (App) 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 13 September 2018. 
    • By downloading the App and registering an account, the account holder (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.  You must not do anything with this App which is not expressly permitted by these Conditions.
  2. Summary benefits of the App
    • The App is a software application for use with compatible iOS and Android smartphone devices (Device). 
    • 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 lock in your best local price for a chosen type and volume of fuel (between 10 and 150 litres) for up to 7 days (Voucher).  You can pay for the volume of fuel that you have locked in with the Voucher by using the funds loaded on your account or any other payment method we accept. The App also offers ancillary features such as exclusive offers and a Store locator.
    • To activate a Voucher, you must have registered an account through the App, uploaded funds to your account (Balance) and have a Balance of at least the value of the Voucher. 
    • No charge applies for activating a Voucher, and you are free to use your Voucher by presenting the Voucher on your App.
    • You can only activate one Voucher at a time and a maximum of two Vouchers per day.
    • You have 7 days to redeem your Voucher after you have activated it from any 7-Eleven store in Australia which sells that fuel type.
    • If the current pump price at that store is lower than the Voucher price, you will pay the lower amount. 
    • A Voucher is not transferrable and can only be redeemed by you.
    • A 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.
    • If a Voucher is not used within 7 days (including because it is cancelled or not honoured by us) there will be no reduction of the Balance.
    • When you collect your fuel and redeem your Voucher, you can choose to use your 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 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 of the App then at least once each hour and at that time are the same as the pump price at the relevant 7-Eleven Store.
    • Any price displayed is subject to change without notice and there can be a short time lapse between any change in-store 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.
    • While 7-Eleven tries to ensure that information in the App is up to date and accurate, from time to time there may be errors in the App such as inaccurate, unauthorised or wrong information or where information has been manipulated by a third party including pricing, descriptions and offers for products that are not available or are no longer available.
    • Despite anything else in these Conditions, to the extent legally permitted, we may cancel Vouchers or refuse to honour any Vouchers or offers that are affected by a manifest or clear error. An example of such an error would be where a store accidentally displays the fuel price in the App as 1 cent per litre.
    • IMPORTANT - For fuel purchases without a Voucher, you need to pay the pump price at the relevant 7-Eleven Store, even if the App shows a different price.
    • 7-Eleven reserves the right to cancel or refuse to honour a Voucher where we are of the reasonable opinion that the Voucher is not being used in accordance with these Conditions.
  3. Registering your account
    • To activate a Voucher, you must have registered an account with us.  To register an account you must:
      1. be at least 18 years old, and have the capacity to enter into a legally binding agreement with us;
      2. have an internet-enabled compatible iOS or Android Device (you can find out which Devices are compatible at www.7eleven.com.au);
      3. download the App from the appropriate application store;
      4. provide information including your name, email address, mobile number, 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, current and not misleading.
    • You are only entitled to register one account per person.  Any user found to have multiple accounts may have those accounts blocked or suspended.
    • We reserve the right to refuse to register an account.
    • Accounts using temporary email addresses are not permitted, and registration will be refused.
    • Devices that are ‘jailbroken’ or ‘rooted’ are prohibited from registering accounts and will be blocked.
  4. Account security
    • You must take steps to secure your Device(s) on which the App has been downloaded.
    • When you set up your account, you will be required to create an account password.
    • You are responsible for ensuring that:
      1. 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;
      2. you are the only person that uses your account. You must not authorise anyone else to use your account;
      3. you only log onto your account on one Device at any time;
      4. 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.
    • You must notify 7-Eleven immediately and take immediate steps to re-secure your account (including by changing your password) if:
      1. your Device is lost or stolen; and/or
      2. you suspect or become aware of any unauthorised use of your account or that your password is no longer secure.
    • 7-Eleven is under no obligation to check that any 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.
    • Where 7-Eleven is notified under clause 4.4and where you can identify yourself as the person to whom the account is registered, we can, at our discretion, cancel the account, and transfer the Balance to a new account in your name.
    • 7-Eleven may:
      1. enforce or implement any security measures it deems appropriate; and
      2. update and add security measures,
      to the App at its discretion at any time.
    • 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.
    • 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.
  5. Using the App
    • To use the App, you must:
      1. keep the App updated to the most current version; and
      2. 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 finding your best local price, displaying offers that are relevant to you and when using the Store Finder feature of the App.
    • You will be responsible for any third party fees and charges incurred by you in relation to accessing and using the App.  You may incur and are solely responsible for charges from your mobile phone network operator for downloading and using the App.
    • Your Device permissions must allow the App to determine the Device location by accessing the global positioning system function. Your account may be terminated, suspended or blocked if mock locations are enabled in developer options/settings or the Device location has been falsified by manipulating the global positioning system function.
  6. Loading funds to your account
    • To load funds to your account:
      1. register an eligible credit card or debit card (Nominated Card). You can check whether your Nominated Card is eligible by attempting to enter its details; or
      2. transfer funds from a physical 7-Eleven Gift Card that you have purchased in store,
      (your Nominated Payment Method).
    • 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.
    • Payments via the App are processed by our third party provider and are pursuant to the following conditions:
      1. You must be fully entitled to use your Nominated Payment Method.
      2. 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.
      3. Payment for orders will be processed immediately.
      4. 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.
      5. 7-Eleven Australia does not see nor store details of your Nominated Payment Methods. All payment information is collected, processed and stored by our third party service provider in order for your transactions to be processed as required.
      6. 7-Eleven reserves the right to investigate all accounts where we suspect incorrect or fraudulent activity has occurred.  If we reasonably suspect fraud or illegality, we reserve the right to place a hold on your account and prevent it being used.  We can prevent an account being used where we reasonably believe that allowing it to be used may cause harm to any person (including us or a 7-Eleven store).  If we reasonably believe that value loaded to an account is the result of any fraud or illegality, we can cancel that value at any time without liability to the holder of the account.  We will consider in good faith any information from the holder of the account to show that value has been loaded lawfully.
    • You are not required to pay GST on the value loaded to your account.  However, GST will be included in the value of any goods and services you obtain using your account.
    • Your account can have a Balance of no more than $150.  A reload transaction will not be processed if it would cause this limit to be exceeded.
    • The maximum amount of a single reload transaction is $80.  No more than 2 reload transactions are allowed per account per day and no more than 3 per week.
    • The maximum allowable reload total onto an account is $100 per day and $150 per week.
    • Your account is not a deposit facility.  You are able to use the Balance to obtain goods and services at 7-Eleven stores, but you have no other rights to use value that are not expressly provided in these Conditions.  In particular, there is no right to receive monetary value or cash in exchange for value loaded to your account – you cannot ask us to return any amount loaded to your account to you (subject to your rights under consumer protection laws).
    • 7-Eleven does not charge fees or charges for the issue of a gift card or for loading funds to your Account.
    • However, there may be fees and charges associated with the method by which you choose to load funds in your Account. These fees and charges may be subject to change, but you will be notified of these fees and charges prior to being charged.
  7. Activating a Fuel Lock Voucher
    • You can use the App to check fuel prices near your location even if you don't want to activate a Voucher.  When you use the App to search for fuel prices, the App will usually communicate with 7-Eleven and identify up to five 7-Eleven Stores that are closest (within a 250 km radius) to your current location and have your preferred fuel type available. The cheapest local price will be the fuel price you are offered to activate a Voucher for. If there are no 7-Eleven Stores within 250 km of you, the App may not be able to be used to activate a Voucher. 
    • If you do not activate a 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 Voucher if, at that time, your account already has an active Voucher associated with it.
    • If you wish to activate a Voucher, you can choose to select a volume of your preferred fuel from 10 and up to 150 litres.  The volume of fuel you can select depends on your Balance and the price of fuel you are locking in. Your account must have a Balance greater than the Voucher value (which is the selected price multiplied by the number of litres of fuel).  If the Balance is not sufficient, you can use the App to add to the Balance in accordance with these Conditions using your Nominated Payment Method (subject to approval of the payment transaction).
    • If you confirm creation of the 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.
    • You do not buy fuel at the time a Voucher is activated.  After it is activated, you are free to redeem the Voucher or to not use the Voucher as you wish.
    • We do not warrant that the App will be available at all times and without disruption.
  8. Redeeming a Fuel Lock Voucher
    • If you have a 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 Voucher price.  Note that a print-out or 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.  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.
    • If the pump price for your nominated fuel type is less than the price in the Voucher, you will pay the pump price for the whole of your purchase.
    • Only one 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 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 do not 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. After you have presented the Voucher and paid for the fuel you purchased, the Voucher is redeemed and any remaining entitlement is forfeited.  You are now eligible to activate a new Voucher using the App.
    • You must pay for all the fuel you purchase.  You can choose to pay with your available Balance or by using other selected payment mechanisms, including cash, eftpos or credit cards accepted by the 7-Eleven Store.  If you choose to use your Balance to pay for fuel, your account will only be debited the amount of the value of fuel you purchased. Please note that Fleet Card, Motorcharge, Motorpass and 7-Eleven Fuel Card are not accepted for Voucher payments.
  9. What if there is a technical problem at the time of redemption?
    • In rare cases, 7-Eleven may not be able to redeem your 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 9.
    • 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 Voucher and/or the unique 13 alpha numeric barcode to 7-Eleven Customer Service.
    • Your Fuel Price Lock voucher discount will be promptly credited to your account.
  10. What if you do not redeem a fuel price lock voucher?
    • An active 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 Voucher will expire exactly 7 days after you activate it. The date and time of expiry are noted in the voucher.  For example, if you activate a 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.
    • If you do not redeem a Voucher (including because it is cancelled or not honoured by us), there will be no reduction of the Balance. Existing funds will remain in your account and may be used for subsequent Vouchers. 
  11. 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.

  12. Privacy
    • We collect personal information directly from you when you register for the App and in connection with your use of the App including:
      1. your name, contact details, date of birth, payment method details and other information that you provide when registering to use the App;
      2. geolocation data when you use the App or have the App running;
      3. transaction information relating to your use of the App (including how you use Vouchers, items purchased, the price of those items, the date and time of purchase, and the location of the store, whether you have taken up any of our offers or rewards);
      4. information about the way you use the App and your settings preferences; and
      5. information about your Device.
    • 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.
    • We may disclose your personal information to:
      1. external service providers and marketing organisations (and have those third parties collect your personal information on our behalf via their software); and
      2. suppliers, dealers, distributors and other third parties with whom we have commercial relationships,
    • 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).
    • We may also disclose your personal information to the relevant government agency via the Document Verification Service for the purposes of verifying your identity.  You can find more information about the Document Verification Service at www.dvs.gov.au.  If we require details of your identity, and the details you provide us are not verified by the Document Verification Service, we may not be satisfied as to your identity and we may prevent you from loading funds to your account, from using your account or from using any functionality within the App that makes use of your account Balance.
    • 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. 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.
    • 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.
  13. Intellectual Property
    • 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).
    • 7-Eleven grants you a non-exclusive licence to use the App for the limited purposes outlined in clause 7and clause 8of 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.
    • 7-Eleven is not required to provide any documentation, support, telephone assistance, or enhancements or updates to the App.
  14. Third party terms and licences
    • 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).
    • 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.
    • 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.
    • 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 TO THE EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED AND THE COPYRIGHT HOLDER OR CONTRIBUTORS SHALL NOT 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.

      YOU MAY HAVE NON-EXCLUDABLE RIGHTS AS A CONSUMER UNDER CONSUMER PROTECTION LAWS IN AUSTRALIA. NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

      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.

  15. Termination
    • 7-Eleven reserves the right to suspend or terminate the App, any functionality of the App (including the ability to activate Vouchers), with or without cause, at any time. In these circumstances, provided you have registered an account, 7-Eleven will notify you as soon as practicable via email.
    • In addition to our right to terminate in clause 15.1, we may suspend or terminate your account immediately where you fail to comply with a material term in these Conditions or where we reasonably suspect that you are misusing the App.
    • Where 7-Eleven suspends or terminates your account, 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.
    • 7-Eleven may from time to time phase out support for Devices that are old or obsolete. 7-Eleven will endeavour to provide reasonable notice where particular Devices will no longer be supported.  If the App is no longer supported for your Device, you will need to contact 24-7customerservice@7eleven.com.au to transfer any funds loaded to your account onto a physical gift card.
    • 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.
  16. Liability
    • To the extent permitted by law, 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:
      1. any third party software and services embedded in the App;
      2. any bugs, viruses, Trojans, or the like (regardless of the source of origination);
      3. the actions or inactions of other App users;
      4. the actions or inaction of participating retailers;
      5. suspension or loss of access to the App or any functionality;
      6. mistaken transactions with the App;
      7. unauthorised use or misuse of your account for any reason (including as a result of the loss or theft of your Device) where 7-Eleven has not received written notice of cancellation in accordance with clause 4.4; and/or
      8. any Pre-Authorisation Holds.
    • 7-Eleven accepts liability to you for loss or damage incurred by you as a direct result of 7-Eleven’s gross negligence, fraud or wilful misconduct in connection with the App.
  17. Changes to these Conditions
    • Subject to the remainder of this clause, we may amend these Conditions from time to time by publishing an updated version in the App and our website.  Your continued use of the App following publication of updated Conditions confirms your acceptance of the updated Conditions.
    • The changes we can make to these Conditions, without your authorisation, are limited to changes:
      1. to reflect updates to the functionality, security, options and Services available on the App;
      2. to reflect third party terms and conditions that apply to 7-Eleven and/or the App;
      3. that are generally beneficial to, or do not have any adverse impact on, users of the App; and/or
      4. that are required to reflect changes to applicable law.
    • 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.
  18. General
    • 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.
    • You agree that:
      1. you will not assign or otherwise transfer your account;
      2. 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;
      3. you will not do anything 7-Eleven reasonably considers to be disreputable or capable of damaging its reputation, the App or the Services; and
      4. you will comply with all applicable Australian law.
    • 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.
    • 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.
    • 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.
    • These Conditions constitute the entire agreement between you and 7-Eleven.