PART A – GENERAL TERMS AND CONDITIONS
1.1 These Terms and Conditions apply to the ‘My 7-Eleven’ mobile application (the App) provided by 7-Eleven Stores Pty Limited (ABN: 48 005 299 427) (7-Eleven, we, us, our). Please read these Terms and Conditions carefully.
1.2 The App is a software application for use with compatible iOS and Android devices (Device).
1.3 When you download and use the App for the first time, you will be asked to create an account with 7-Eleven (a 7-Eleven Account). As part of the account registration process, you will be asked to agree to these Terms and Conditions.
1.4 Similarly, if you have an existing 7-Eleven Account, when you use the App for the first time, you will also be asked to agree to these Terms and Conditions.
1.5 If you do not agree to these Terms and Conditions you must not access, or must stop accessing, the App.
1.6 You must not do anything with this App which is not expressly permitted by these Terms and Conditions.
1.7 7-Eleven reserves the right to suspend or terminate the App, discontinue any features or functionalities (Features) of the App or your specific 7-Eleven Account, with or without cause or notice, at any time.
1.8 Structure of these Terms and Conditions explained
(1) Part A of these Terms and Conditions set out the general terms that apply to your use of the App.
(2) Part B of these Terms and Conditions sets out the terms that apply to certain Features that may be available on the App from time to time. Terms applying to any new Features introduced will be added to Part B. Features on the App can be used, in accordance with their terms, for and in 7-Eleven stores in Australia (7-Eleven Stores). Some Features will require you to scan your virtual card which you can access in the App using the “My card” button (My Card).
2 7-Eleven Account
2.1 How do I set up a 7-Eleven Account?
(1) To use the App you must have a 7-Eleven Account. You may already have set up a 7-Eleven Account, for example if you have used the 7-Eleven fuel app in the past. You can use your existing account on the App (note that the App replaces the 7-Eleven fuel app).
(2) To register a 7-Eleven Account and use this on the App you must:
(a) have an internet-enabled compatible iOS (iOS 12 or later release) or Android (Android 9 (Pie) or later release) Device;
(b) download the App from the Apple or Google Play app stores;
(c) provide the requested information including your name, email address and date of birth. You must ensure that all information that you provide when you register your 7-Eleven Account and use the App is accurate, complete, current and not misleading; and
(d) create an account password which must include lowercase and uppercase characters, a digit and/or special character and be at least 8 characters.
(3) As part of the 7-Eleven Account registration process, we will verify your email address by sending you a verification email. You will need to verify your email before continuing with the registration process.
(4) Each person can only register one 7-Eleven Account. 7-Eleven may block or suspend one or more 7-Eleven Accounts that are associated with the same person. Your 7-Eleven Account is personal to you and cannot be assigned.
(5) We reserve the right to refuse to register a 7-Eleven Account for any reason.
(6) 7-Eleven Accounts using temporary email addresses are not permitted, and registration will be refused.
(7) Devices that are ‘jailbroken’ or ‘rooted’ are prohibited from using the App and will be blocked from using the App.
2.2 7-Eleven Account Security
(1) You must take steps to secure your Device(s) on which the App has been downloaded and your 7-Eleven Account credentials.
(2) 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) you are the only person that uses your 7-Eleven Account. You must not authorise anyone else to use your 7-Eleven Account;
(c) you only log onto your 7-Eleven Account on one Device at any time;
(d) your 7-Eleven Account information is updated if your details change.
(3) You should take steps to re-secure your 7-Eleven Account (including by changing your password) if:
(a) your Device is lost or stolen; or
(b) you suspect or become aware that your 7-Eleven Account or credentials have been compromised.
(4) 7-Eleven is entitled to assume that the person who logs in to your 7-Eleven Account with the correct password is you, and we are not responsible for any unauthorised activity on your 7-Eleven Account (including any loss or damage) by such person. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
(5) 7-Eleven may add, vary, enforce or implement any security measures to the App as 7-Eleven considers appropriate from time to time. These measures may vary the way you use the App.
(6) Security of the App is important to 7-Eleven. However, 7-Eleven cannot guarantee that the App or its Features will always be available, fault-free and secure or that it will be free from viruses or other harmful programmes.
(7) 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 7-Eleven Account which contains your personal and confidential information.
3 My 7-Eleven
3.1 Keeping the App up to date
We release new versions of the App from time to time. Please keep the App updated to the most current version at all times. Older versions of the App may not function properly, or at all.
3.2 Mobile data usage
The App requires mobile internet connectivity to function properly. It will use consume data from your mobile device. You are responsible for any data charges that you may incur in using the App.
3.3 My Card
The App allows you to display your My Card so that it can be scanned at our point of sale terminals. You may need to present My Card in order to interact with certain Features. Please increase the brightness of your screen when scanning My Card at the terminal. The My Card is unique and linked to your 7-Eleven Account.
3.4 Location information
Some Features of the App may require you to consent to 7-Eleven and our third party service providers accessing information about your current location. For example, the App may require information about your current location to help you find your closest 7-Eleven Store as part of the “Fuel Lock” feature.
7-Eleven collects and uses your location information to provide the functionalities of those Features. The Features may implement software components (for example mapping services) that are provided by third parties. Those third parties may gather and report information about you in connection with your use of the App for the purpose of providing those components.
The App will seek your permission by a pop message on your Device, and you indicate your consent by enabling location services and giving the App the requested permission through your Device’s native operating system. You can also change these settings from time to time directly on the Device’s operating system.
If you do not enable location services and give the App the requested permissions, then certain Features of the App may not function properly, or at all.
You must not manipulate the location information reported by your Device when using the App (even if such manipulation is a feature of the Device, for example, under “developer options”). 7-Eleven may suspend or cancel your 7-Eleven Account if 7-Eleven has reasonable grounds to suspect that the location information reported by your Device has been manipulated.
4.1 You acknowledge and agree that:
(1) the App may feature advertisements from 7-Eleven and/or 7-Eleven’s selected third parties from time to time; and
(2) 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.
4.2 The App may also send push notifications to you via your Device’s native operating system (for example, to notify you of a promotion available at a nearby store, or to remind you of upcoming expiry of promotions). Depending on your Device’s native operation system and your settings, these push notifications may appear as a pop up box, a “badge” on the Apps icon or a message in the notification centre of your Device. You can manage push notifications directly in the settings of your Device.
5.1 We collect personal information directly from you when you register for a 7-Eleven Account, and when you use the App.
5.2 The personal information that we collect from your 7-Eleven Account and your use of the App includes:
(1) your name, email address, date of birth and other information that you provide when registering a 7-Eleven Account and use the App;
(2) if you have consented (see paragraph 3.4 above) and you have the App running, your location data;
(3) other information that you provide, and information about the choices that you make, in relation to the specific Feature that you use;
(4) if you utilise any Feature on your App to process or conduct transactions, the transaction information processed through that Feature;
(5) information about the way you use the App and your settings preferences; and
(6) technical information about your Device, such as your operating system version, Device type and model.
5.3 Some Features may collect sensitive information from you. You will be notified of this, and 7-Eleven’s purpose of collection, when you first use such Feature. By continuing to use the Feature, you consent to 7-Eleven collecting such sensitive information from you for the stated purpose.
5.4 We collect, use and disclose this information for the purpose of providing Features and our services related to the App (including to personalise those Features and services), processing transactions and payments, administering your 7-Eleven Account, providing you with recommendations (including personalised recommendations) in relation to 7-Eleven products or services and other marketing related purposes, and for dealing with your enquiries and requests.
5.5 If you choose not to provide your personal information to us, you may not be able to use some or all of the Features or services available as part of the App, receive updates from 7-Eleven or have 7-Eleven answer or respond to your enquiry or request.
5.6 If 7-Eleven holds personal information about you that it has collected from different sources (other than through the App) such as your interaction with 7-Eleven through Facebook, any other social media and/or Google, 7-Eleven may combine this personal information into a single record.
5.7 We may, from time to time, seek your consent for you to receive direct marketing communications from us about our products and services that we consider may be of interest to you. If you have given your consent (including in your previous dealings with 7-Eleven and our products or services), then we may send you direct marketing communications, and may collect, use and disclose your personal information for such purpose. At any time you can opt-out of receiving marketing communications from us, by contacting us (see the details at section 15 below) or by using opt-out facilities provided in the marketing communications.
5.8 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,
for the purposes of providing the App and its Features and services, our other related business and, where you have consented, direct marketing purposes.
5.9 We may also disclose your personal information as a part of the management of the App to our 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).
5.10 Some of our service providers operate in overseas locations (predominantly the United States of America, Canada, the Netherlands and New Zealand) and we may therefore need to disclose or 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 reasonable steps to ensure that such entities agree to similarly protect that information.
6 INTELLECTUAL PROPERTY
6.1 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 Terms and Conditions), will remain solely with 7-Eleven and/or its licensors (as the case may be).
6.2 7-Eleven grants you a non-exclusive and personal licence to use the App and its available Features in accordance with these Terms and Conditions. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the App, including any content in the App, except as permitted by statute or with our prior written consent.
6.3 7-Eleven is not required to provide any documentation, support, telephone assistance, or enhancements or updates to the App.
7 THIRD PARTY TERMS AND LICENCES
7.1 7-Eleven uses third party applications, services and software in the App including, but not limited to location map services software, market analytics software and 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).
7.2 From time to time, certain functionalities of the App may invoke third party Apps on your Device (for example, your email App or your map App). You will be notified of this with a pop up box. The use of those third party Apps are subject to the terms and conditions of those Apps, and 7-Eleven is not liable for the third party Apps or the providers of those third party Apps.
7.5 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 and copyright notices, as follows. These open source materials (MIT Licensed Materials) used are:
AppCenter-sdk-Apple (Copyright (c) Microsoft Corporation), AppCentre-sdk-Android (Copyright (c) Microsoft Corporation), Kingfisher (Copyright (c) 2019 Wei Wang), Mockito (Copyright (c) 2007 Mockito contributors), Mockito-Kotlin (Copyright (c) 2007 Mockito contributors; Copyright (c) 2016 Niek Haarman), Nito.AsyncEx.Coordination (Copyright (c) 2014 StephenCleary), Robolectric (Copyright (c) 2010 Xtreme Labs, Pivotal Labs and Google Inc.), RxBlocking (Copyright (c) 2015 Krunoslav Zaher), RxCocoa (Copyright (c) 2012 - 2016, GitHub, Inc.), RxCoreLocation (Copyright (c) 2017 RxCoreLocation), RxSwift (Copyright (c) 2015 Krunoslav Zaher), RxDataSources (Copyright (c) 2017 RxSwift Community), Swashbuckle.AspNetCore (Copyright (c) 2016 Richard Morris) and TrustKit (Copyright (c) 2015 Data Theorem, Inc.).
Permission is hereby granted, free of charge, to any person obtaining a copy of the above MIT Licensed Materials and associated documentation files (the "MIT Licensed Software"), to deal in the MIT Licensed Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the MIT Licensed Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the MIT Licensed Software.
THE MIT LICENSED SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE MIT LICENSED SOFTWARE OR THE USE OR OTHER DEALINGS IN THE MIT LICENSED SOFTWARE.
7.6 The following additional open source materials (Apache Licensed Materials) have also been used in developing the App which require 7-Eleven to notify you of their licence terms, as follows:
• AppAuth; AppAuth-iOS; Dagger; Moshi; Okhttp; OpenSSL; Picasso; Retrofit; Timber; and ZXing.
The Notice text file for ZXing contains the following attributions:
• Notices for Barcode4J: Copyright 2002-2010 Jeremias Märki; Copyright 2005-2006 Dietmar Bürkle; Portions of this software were contributed under section 5 of the Apache License. Contributors are listed under: https://barcode4j.sourceforge.net/contributors.html; and
• Notices for JCommander: Copyright 2010 Cedric Beust firstname.lastname@example.org.
The Apache Licensed Materials are licensed under the Apache Licence 2.0. You can obtain a copy of the licence at https://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the Apache Licence 2.0 are distributed on an "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied including without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. See the relevant licence for the specific language governing permissions and limitations under the licence.
7.7 The following additional open source materials (EPL Licensed Materials) have also been used in developing the App which require 7-Eleven to notify you of their licence terms, as follows:
• JUnit4 is made available and licensed under the Eclipse Public Licence 1.0 (see https://www.eclipse.org/org/documents/epl-1.0/EPL-1.0.txt) and you may obtain its source code from: https://github.com/junit-team/junit4; and
You may not use these files except in compliance with the relevant license, including that any distribution of these materials must be subject to the relevant EPL Licence. To the maximum extent permitted by law, the EPL Licensed Materials are provided by their authors and contributors on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. To the maximum extent permitted by law, the authors and contributors SHALL NOT HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), 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 OR DISTRIBUTION OF THE EPL LICENSED MATERIALS OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.8 The App includes integration of software made available to 7-Eleven under licence from Tealium Inc (Tealium).,being Tealium-swift and Tealium-android (Tealium Licensed Materials).
To the maximum extent permitted by law, the Tealium Licensed Materials are provided by Tealium on an “AS IS” AND “AS AVAILABLE” BASIS, AND TEALIUM EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TEALIUM DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TEALIUM LICENSED MATERIALS WILL BE COMPLETE, ACCURATE, OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TEALIUM LICENSED MATERIALS WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE TEALIUM LICENSED MATERIALS WILL BE CORRECTED.
To the maximum extent permitted by law, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEALIUM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEALIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING ANY SUCH DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE TEALIUM LICENSED MATERIALS; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE TEALIUM LICENSED MATERIALS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TEALIUM LICENSED MATERIALS; OR ANY OTHER MATTER RELATING TO THE TEALIUM LICENSED MATERIALS.
You may not use the App to:
(1) copy or reproduce the Tealium Licensed Materials; or
(2) modify or create any derivative works from the Tealium Licensed Materials; or
(3) decompile, disassemble or reverse engineer the Tealium Licensed Materials (except to the extent expressly permitted under applicable law); or
(4) remove or alter any trade mark, logo, copyright or other proprietary notices, legends, symbols or labels from the Tealium Licensed Materials; or
(5) use the Tealium Licensed Materials for any illegal or unauthorised purpose.
7.9 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 sections 11 and 12 of these Terms and Conditions apply.
8 APPLE APP STORE TERMS
8.1 In this section 8:
(1) Apple means Apple Inc. of 1 Infinite Loop, Cupertino, California, USA.
(2) Apple App Store means the store operated by Apple through which it makes applications available for devices running the iOS operating system.
8.2 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):
(1) 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;
(2) the licence to use the App is a non-transferable licence which 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;
(3) 7-Eleven is solely responsible for providing any maintenance and support services with respect to the App as set out in these Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, either under these Terms and Conditions or applicable law;
(4) 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:
(a) product liability claims;
(b) any claim that the App fails to conform to any applicable legal or regulatory requirement; or
(c) claims arising under consumer protection, privacy or similar legislation, including with the App's use of the HealthKit and HomeKit frameworks;
(5) 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;
(6) Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms and Conditions;
(7) upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof; and
(8) 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, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by 7-Eleven in accordance with these Terms and Conditions.
9 GOOGLE AND GOOGLE PLAY TERMS
9.1 In this section 9:
(1) Google means Google LLC, a Delaware limited liability company with principal place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043, United States’ Google Ireland Limited, a company incorporated in Ireland with principal place of business at Gordon House, Barrow Street, Dublin 4, Ireland; Google Commerce Limited, a company incorporated in Ireland with principal place of business at Gordon House, Barrow Street, Dublin 4, Ireland; or Google Asia Pacific Pte. Limited, a company incorporated in Singapore with principal place of business at 70 Pasir Panjang Road, #03-71, Mapletree Business City, Singapore 117371. Google may update the Google entities and their addresses from time to time; and
(2) Google Play means the service provided by Google which, subject to the Google Play Terms of Service and Google Terms of Service, makes available apps (including Android Instant Apps), games, music, movies, books, magazines, or other digital content or services.
9.2 If you obtained the App from the Google Play store, you and 7-Eleven acknowledge and agree that (to the full extent permitted by applicable law):
(1) this document is concluded solely between you and 7-Eleven. Google will not be responsible for, and will not have any liability whatsoever under, these Terms and Conditions and 7-Eleven, not Google, is solely responsible for the App; and
(2) you will contact 7-Eleven concerning any defects or performance issues in the App. Google will not be responsible for, and will not undertake or handle support or maintenance of the App or complaints about the App. For customer support and legal purposes contact 7-Eleven (see contact details at section 15 below).
10.1 7-Eleven reserves the right to suspend or terminate the App, any functionality of Features of the App, with or without cause, at any time. In these circumstances 7-Eleven will notify you as soon as practicable via email.
10.2 In addition to our right to terminate in section 10.1, we may suspend or terminate your 7-Eleven Account immediately where you fail to comply with a material term in these Terms and Conditions or where we reasonably suspect that you are misusing the App. Suspended or terminated 7-Eleven Account cannot be used to access the App.
10.3 If 7-Eleven suspends or terminates your 7-Eleven Account, you are not permitted to create a new 7-Eleven 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.
10.4 7-Eleven may from time to time phase out support for Devices or operating system versions that are old or obsolete. 7-Eleven will endeavour to provide reasonable notice where particular Devices or operating system versions will no longer be supported. If the App is no longer supported for your Device, you may not be able to use the App or all of its Features.
10.5 Upon termination of this agreement, your licence to use the App immediately ends and you must delete the App from your Device.
10.6 You can delete the App from your Device at any time but that does not delete your 7-Eleven Account.
10.7 You must notify 7-Eleven by email to email@example.com if you wish to permanently cancel your 7-Eleven Account. Once you cancel your 7-Eleven Account, you will no longer be able to use it to log in the App (or other 7-Eleven services), and you will no longer have access to any information relating to that 7-Eleven Account.
10.8 Termination pursuant to this section 10 will not affect any rights or remedies which a party may have otherwise under these Terms and Conditions or at law.
10.9 All provisions of these Terms and Conditions that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, indemnities and limitations of liability.
11 YOUR STATUTORY RIGHTS
11.1 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.
11.2 All implied terms, conditions, guarantees and warranties which otherwise might apply to or arise out of these Terms and Conditions are excluded other than:
(1) those set out in these Terms and Conditions; and
(2) 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).
11.3 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):
(1) in the case of goods, including the App and its Features (to the extent the App and Features are considered goods under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or
(2) in the case of services, including the App and its Features (to the extent the App and Features are considered services under applicable law) supplying the services again or paying the cost of having the services supplied again.
12.1 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 information presented in the App, whether due to mistake or malicious attacks. 7-Eleven will correct the errors as soon as it is aware of them. 7-Eleven reserves the right to cancel, reverse or correct any transactions or activities on the App that are affected by the error. Please contact 7-Eleven if you have been disadvantaged directly because of the error.
12.2 7-Eleven does not warrant that the App or any of the Features will be available at all times or when you require them, or will operate without disruption.
12.3 To the maximum extent permitted by law and except as expressly provided for in these Terms and Conditions, in no event will 7-Eleven, nor its directors, employees, contractors, agents, partners or any other party involved in creating, publishing, hosting, supporting or maintaining the App, be liable for any loss, cost or damage under contract, tort (including negligence) or otherwise suffered or arising under or in connection with these Terms and Conditions and/or your use of or inability to use the App or any of the Features. This applies, without limitation, to any loss or damage which you may suffer as a result of:
(1) errors, interruptions, any failure to provide the functionality of the App or a Feature or any failure to complete any transaction;
(2) unavailability of the App or its Features (for any period);
(3) any incompleteness or inaccuracy of information in the App;
(4) corruptions to or loss of data;
(5) any bugs, viruses, Trojans, or the like (regardless of the source of origination);
(6) acts or omissions of any third party (including other users of the App and retail partners of 7-Eleven);
(7) mistaken transactions within the App;
(8) unauthorised use or misuse of your 7-Eleven 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 section 2.2(3); and
(9) any Pre-Authorisation Holds (if applicable).
12.4 Subject to clause 12.5, 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.
12.5 To the maximum extent permitted by law, where 7-Eleven is liable to you for any loss, damage, liability or expense arising under or in connection with these Terms and Conditions and/or your use of or inability to use the App and any of the Features (on any basis), 7-Eleven’s liability is limited to the sum of AUD$10. This limitation does not apply to:
(1) your rights and remedies in respect of Non-Excludable Terms;
(2) any items that you may purchase using the App.
12.6 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 7-Eleven Account and/or your use of the App in breach of these Terms and Conditions or any third party terms.
12.7 You acknowledge that the App is provided at no charge and accordingly the exclusions of liability and indemnity set out in this section 12 are fair and reasonable.
13 CHANGES TO THESE TERMS AND CONDITIONS
13.1 Subject to the remainder of this section 13, we may amend these Terms and Conditions from time to time by publishing an updated version in the App (which may coincide with an update to the App itself). Your continued use of the App following publication of updated Terms and Conditions confirms your acceptance of the updated Terms and Conditions.
13.2 The changes we can make to these Terms and Conditions, without prior notice or your authorisation, are limited to changes:
(1) to reflect updates to the functionality, security, options and Features available on the App;
(2) to reflect third party terms and conditions that apply to 7-Eleven and/or the App;
(3) corrections and other minor changes;
(4) that are generally beneficial to, or do not have any adverse impact on, users of the App; and/or
(5) that are required to reflect changes to applicable law.
13.3 For other changes, 7-Eleven will request your confirmation, via the App, that you agree to the updated Terms and Conditions. You are not required to agree to these changes, but you may not be able to use the App if you do not agree to them.
14.1 You must comply with any additional terms and conditions brought to your attention in the App, when you are registering your 7-Eleven Account or using the App.
14.2 You must not use the App for any unlawful purpose, or in any manner that is contrary to the reasonable expected use case of the App (such as probing or seeking to bypass any security measures).
14.3 You must not do anything 7-Eleven reasonably considers to be disreputable to its brands and name.
14.4 If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect.
14.5 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.
14.6 You warrant and represent that the following statements are true and correct:
(1) 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
(2) 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.
7-Eleven reserves the right to block or reverse any transactions in order to comply with counter terrorism finance and sanctions laws.
14.7 These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria and you submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia.
14.8 These Terms and Conditions constitute the entire agreement between you and 7-Eleven.
15.1 How do I contact 7-Eleven?
The FAQs in the App may answer your question. For any other questions, complaints or claims in relation to the App and/or Features please contact us using the ‘Contact Us’ tool in the App or at: firstname.lastname@example.org
PART B – TERMS AND CONDITIONS THAT APPLY TO FEATURES THAT THE 7-ELEVEN APP MAY OFFER
Below we set out Terms and Conditions that apply to certain Features that 7-Eleven may, in its sole discretion, offer through the App, from time to time.
7-Eleven may make other Features available or change the Features described below at any time.
16 FUEL PRICE LOCK TERMS AND CONDITIONS
16.1 The App includes a Feature that 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 of fuel (Fuel Lock) (up to 150 litres) for up to 7 days on your App. Once locked in, your App will hold your Fuel Lock until its expiry date. You can then purchase your chosen type of fuel at the Fuel Lock price (for one transaction) by presenting your My Card to redeem the Fuel Lock, in accordance with these Terms and Conditions (in particular please see 16.23 below which explains what will happen if, in certain circumstances, it is not possible to redeem the Fuel Lock).
16.2 The Fuel Lock Feature requires access to your location information on your Device in order to function.
Checking Our Best Local Price
16.3 You can use the Fuel Lock Feature of the App to check fuel prices near your location even if you don't want to lock in the price. The App will usually communicate with 7-Eleven’s system 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, and identify the cheapest reported fuel price of your preferred fuel type at those 7-Eleven Stores (Our Best Local Price). If the App cannot identify any 7-Eleven Stores with your selected fuel grade within 250 km of you, or is unable to check the fuel price from 7-Eleven’s systems (for example, due to communication or system issues), the Fuel Lock Feature may not operate and no Our Best Local Price is displayed.
16.4 Our Best Local Price displayed in the App is not “live”, but instead is based on the fuel price recorded by 7-Eleven’s systems at a point in time when the fuel price at the relevant 7-Eleven Store was last checked. A check is usually triggered by the App when you open the App and then again at least once each hour. The App will display the date and time of the last update (as reported by 7-Eleven’s systems) when displaying Our Best Local Price.
16.5 Note that because actual fuel price fluctuates from time to time and Our Best Local Price is a point in time price, Our Best Local Price displayed may not be the same price displayed at the pump when you visit the 7-Eleven Store. Unless you are redeeming a Fuel Lock as per these Terms and Conditions (in which case the price for the chosen fuel type that was saved by the Fuel Lock will apply, as per the terms below), you need to pay the pump price at the relevant 7-Eleven Store, even if the App shows a different price.
16.6 Our Best Local Price does not compare prices offered by other fuel retailers.
16.7 The Our Best Local Price displayed on your App is valid for a Fuel Lock for up to 15 minutes. After this period, the Our Best Local Price will time out, but you can check the best local fuel price again using the Feature to obtain another Our Best Local Price. However, to prevent abuse, we impose limits on the number of times Our Best Local Price can be checked per person per day.
Locking in Our Best Local Price
16.8 If you are eligible for Fuel Lock, the App will allow you to activate the Fuel Lock to lock in the Our Best Local Price by pressing the “Lock in My Best Local Price” button. The button will be disabled if you are not eligible.
16.9 You are not eligible for Fuel Lock if: (1) you already have an unexpired Fuel Lock that you have not yet redeemed; (2) you have activated Fuel Lock for 2 times in the past 24 hour period; or (3) the Our Best Local Price has timed out (see clause 16.7 above).
16.10 Please note that, if you activate a Fuel Lock, all other discounts and offers relating to fuel price that were available to you on the App will be void.
16.11 You do not buy fuel (or commit to buy fuel) at the time you activate the Fuel Lock. No charge applies for activating the Fuel Lock. After the Fuel Lock is activated, you decide when and whether to redeem it.
16.12 A Fuel Lock automatically expires exactly 7 days after you activated it, unless you redeem it earlier. The expiry date and time of an activated Fuel Lock are shown on the App.
16.13 You cannot cancel an activated Fuel Lock. You must either redeem it, or wait for it to expire.
16.14 A Fuel Lock is personal to you and your 7-Eleven Account. It is not transferable.
Redeeming the Fuel Lock
16.15 You can redeem an activated Fuel Lock at any time before its expiry at any 7-Eleven Store in Australia which sells the fuel type of the Fuel Lock. Please see 16.23 below which explains what will happen if, in certain circumstances, it is not possible to redeem the Fuel Lock.
16.16 To redeem a Fuel Lock, you have to present your My Card for scanning at the counter before you pay for the fuel in that transaction. The price that was saved by the Fuel Lock (for the chosen fuel type) will be applied to your fuel purchase of that type (for up to 150 litres). If you are purchasing more fuel than the maximum in that transaction, the excess will be charged at the then current price as shown at the pump.
16.17 If you purchase multiple items when redeeming a Fuel Lock that match any applicable offers available through the App and you scan your My Card, all applicable offers will be redeemed and applied in that transaction. You cannot selectively redeem individual offers in one transaction (but you may, for example, purchase only your fuel and scan your My Card to redeem your Fuel Lock in one transaction and then purchase different items in different transactions and only scan your My Card in some of those transactions).
16.18 If you redeem a Fuel Lock and the price saved by the Fuel Lock is higher than the actual pump price, the Fuel Lock will still be redeemed, but you will pay at the lower pump price.
16.19 Each Fuel Lock may only be redeemed against one transaction. If you purchase multiple fuel items in a single transaction (of the same fuel type as the Fuel Lock), the Fuel Lock will apply to all fuel items purchased in that transaction, subject to the maximum specified above.
16.20 Once redeemed, the Fuel Lock will be removed from your App.
16.21 You must pay for all the fuel that you purchase. You can choose to pay using cash, eftpos or credit cards accepted by the 7-Eleven Store. Please note that if you have redeemed a Fuel Lock, you cannot pay that transaction with Fleet Card, Motorcharge, Motorpass or 7-Eleven Fuel Card.
Errors or other issues with the Fuel Lock
16.22 Despite anything else in these Terms and Conditions, to the extent legally permitted we may cancel or refuse to process any Fuel Lock if:
(1) the Fuel Lock is clearly affected by an error. For example, if the App accidentally reports that Our Best Local Price is 1 cent per litre; or
(2) 7-Eleven has reasonable grounds to suspect that the Fuel Lock is not used in accordance with these Terms and Conditions.
16.23 In rare cases, 7-Eleven or its systems may not be able to redeem your activated Fuel Lock at the time you wish to make your fuel purchase (for example, the equipment necessary for scanning your My Card may not be available or operational). 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 provide you with a gift card to the value of the difference (rounded up to the nearest dollar), if you follow the following steps:
(1) please obtain and retain a store transaction receipt for the proof of purchase;
(2) in the settings menu of the App you can find contact details for the 7-Eleven Customer Service; and
(3) email your receipt to 7-Eleven Customer Service.
16.24 The gift card may be used at any 7-Eleven store in accordance with our Gift Card Terms and Conditions (available at https://www.7eleven.com.au/services/7-Eleven-gift-cards/gift-card-terms-and-conditions.html).
17 APP OFFERS TERMS AND CONDITIONS
17.1 From time to time, the App may offer App exclusive offers that are redeemable at selected 7-Eleven Stores in Australia (Offers). For example, you may receive an Offer when you first use the App or on your birthday.
17.2 An Offer could be a free item (such as a free Slurpee or free coffee), a discount on certain items, or a multi-buy offer (such as a 2-for-1 deal).
17.3 Certain Offers may be location specific, and you may not receive those Offers if you have not enabled location services on your Device and give the App the requested permission.
17.4 Offers will usually have their own additional terms and conditions (such as an expiry date), which you can access on the App (Additional Terms). Additional Terms apply in addition to these Terms and Conditions when you activate and redeem those Offers.
17.5 Offers may be redeemed by simply scanning the My Card.
17.6 Subject to the Additional Terms, you can redeem an Offer at any time before its expiry at any 7-Eleven Store which sells the items the subject of that Offer. If the Additional Terms specify that the Offer is only available at particular stores or at particular location, then you must redeem the Offer at those stores or that location.
17.7 To redeem an Offer:
(1) you purchase the relevant items the subject of that Offer in accordance with any applicable Additional Terms. For example, if the Offer is a free small Slurpee, you would purchase a small Slurpee, or if the Offer is a 2-for-1 deal for certain chocolate bars, you would purchase two of those chocolate bars;
(2) you meet any pre-requisites under the applicable Additional Terms;
(3) at the store counter, before you make payment for those items, you must present your My Card for scanning. All Offers that match your items will be redeemed and applied, and the price will be adjusted accordingly. For example, if your Offer is a free small Slurpee, then the price for one small Slurpee will be reduced to nil.
17.8 If you purchase multiple items that match multiple Offers and you scan your My Card, all applicable Offers will be redeemed and applied in that transaction. You cannot selectively redeem individual Offers (but you may purchase different items in different transactions and only scan your My Card in some of those transactions).
17.9 In rare cases, 7-Eleven or its systems may not be able to redeem your Offer (for example your My Card may not scan at the counter). If this happens, you may elect to cancel your purchase transaction and try again at another store.
17.10 Once redeemed, the Offer will be removed from your App.
17.11 You must pay the balance of the price of the transaction (if any) after the Offers are applied as per any other purchase transactions.