These terms and conditions are important, and you should read them fully. But there are some specific terms we wish to make you aware of, as set out below.

These Terms and Conditions limit your rights to claim against 7-Eleven, other than in respect of claims made under the Australian Consumer Law.  Please refer to section 12 for further details.

7-Eleven may disclose your personal information to third parties as described in our Privacy Policy (available at www.7eleven.com.au/privacy-policy) and clause 5 of these Terms and Conditions.

PART A – GENERAL TERMS AND CONDITIONS

1               Introduction

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 the 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 if 7-Eleven suspects fraud or illegality and in any other circumstances where 7-Eleven considers it reasonably necessary to do so.

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 and notified to you in accordance with section 13. 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 except to the extent the loss of damage is caused or contributed by the negligent act or omission of 7-Eleven.  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 the risk that a third party may gain access to your 7-Eleven Account which contains your personal and confidential information.

2.3           Inactive accounts

7-Eleven reserves the right to terminate, delete or suspend your 7-Eleven Account if it remains inactive for an extended period.  We will attempt to notify you through your 7-Eleven Account or email that you used to register for the account before terminating, deleting or suspending your account due to inactivity. If we delete or terminate your 7-Eleven Account, we may also delete your personal information associated with the 7-Eleven Account.

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 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 your 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 via Bluetooth and location tracking 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-up 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               ADVERTISING

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               PRIVACY

The types of personal information we may collect

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, mobile number, payment details 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           We may also collect photos of your face that you upload on the App (see section 20.6).

5.4           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.

5.5           7-Eleven may collect personal information about you from different sources (other than through the App) such as your interaction with 7-Eleven through Facebook, any other social media and/or Google or any of our trusted partners.

5.6           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.

Using and disclosing your personal information

5.7           We may collect, use and disclose your personal information for the purpose of:

(1)            verifying your identity;

(2)            providing Features and our services related to the App (including to personalise those Features and services);

(3)            processing transactions and payments;

(4)            administering your 7-Eleven Account;

(5)            providing you with recommendations (including personalised recommendations) in relation to 7-Eleven products or services and other marketing related purposes; and

(6)            dealing with your enquiries and requests.

5.8           We may also use and disclose your personal information for any other purposes set out paragraphs 20.7 to 20.8 below and in 7-Eleven's privacy policy (available at www.7eleven.com.au/privacy-policy).

5.9           If 7-Eleven holds personal information about you that it has collected from different sources (other than through the App), 7-Eleven may combine this personal information into a single record.

5.10        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. 

5.11        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);

(2)            our trusted partners, franchisees, suppliers, dealers, distributors and other third parties with whom we have commercial relationships,

for the purposes of:

(a)            providing the App and its Features and services;

(b)            making it easier for you to deal with our franchisees and trusted partners (for example see section 19);

(c)            our business function and activities;

(d)            where you have consented, direct marketing purposes; and/or

(e)            any other purposes as set out in 7-Eleven's privacy policy (available at www.7eleven.com.au/privacy-policy).

5.12        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 other parties to whom we are authorised or required by law to disclose information.

5.13        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.

5.14        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. We will notify you of the change and publish the updated policy to our website which is accessible via the above link.

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.

7.3           When you use the App, you are agreeing to 7-Eleven’s use of such third party software and services.  You may be asked to agree and accept the applicable terms of use, licenses, or privacy policies related to such third party software and services as part of using the App.  It is your responsibility to ensure that you comply with these related third party terms.  A breach of any such third party terms by you will be deemed a breach of these Terms and Conditions. However, to the extent that any of the terms of use or licences seek to exclude or limit the liability of the third party, 7-Eleven may owe to you the liability that the third party has sought to exclude, but subject to and in accordance with sections 11 and 12 of these Terms and Conditions.

7.4           The App may provide 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 any map functionality in the App, you are agreeing to be bound by the relevant Map Terms.

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), TrustKit (Copyright (c) 2015 Data Theorem, Inc.), Adyen/adyen-ios (Copyright (c) Adyen B.V.), Adyen/adyen-android (Copyright (c) 2022 Adyen N.V.)  react, react-native and react-navigation (Copyright (c) Facebook, Inc. and its affiliates), react-masked-view (Copyright (c) 2015-present, Facebook, Inc.), definitely-typed, inversify (Copyright (c) 2015-2017 Remo H. Jansen), react-native-async-storage (Copyright (c) 2015 Facebook, Inc.), react -native-elements (Copyright (c) 2016 Nadar Dabit), react-native-exception-handler (Copyright (c) 2017 Atul), react-native-gesture-handler and react-native-reanimated (Copyright (c) 2016 Krzysztof Magiera), react-native-haptic-feedback (Copyright (c) 2018 Michael Kuczera), react-native-safe-area-context (Copyright (c) 2019 Th3rd Wave), react-native-performance (Copyright (c) 2019 Joel Arvidsson), react-native-screens (Copyright (c) 2018 Krzysztof Magiera), react-native-swipe-list-view (Copyright (c) 2016 Jesse Sessler), react-native-toast-message (Copyright (c) 2019 Calin Tamas), react-native-vector-icons (Copyright (c) 2015 Joel Arvidsson), redux, react-redux and redux-thunk (Copyright (c) 2015 Dan Abramov), reselect (Copyright (c) 2015-2018 Reselect Contributors) and styled-components (Copyright (c) 2016-present Glen Maddern and Maximillan Stoiber).

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; Lottie, jest-junit, reflect-metadata 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: http://barcode4j.sourceforge.net/contributors.html; and

·              Notices for Lottie (Copyright 2018 Airbnb, Inc.), jest-junit (Copyright 2019 Jason Palmer), reflect-metadata and JCommander: Copyright 2010 Cedric Beust cedric@beust.com.

The Apache Licensed Materials are licensed under the Apache Licence 2.0.  You can obtain a copy of the licence at http://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

·       JaCoCo made available and licensed under the Eclipse Public Licence 2.0 (see https://www.eclipse.org/legal/epl-2.0/) and you may obtain its source code from: https://github.com/jacoco/jacoco.

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           The App includes integration of software made available to 7-Eleven under licence from motdotla (Copyright (c) 2015, Scott Motte).

Redistribution and use in source and binary forms, with or without

modification, are permitted provided that the following conditions are met:

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

(a)            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.

 

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.

7.10        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             TERMINATION

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.  For the purpose of this clause 10.2 a material term includes clauses 2.2, 3.4 (manipulation of location data), 10.3, 14.2, 14.3, 14.6 and 16.14 or any use of the App or a Feature in breach of these Terms and Conditions.

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 24-7customerservice@7eleven.com.au 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).

12             LIABILITY

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, by clicking on the ’Help & Support’ tab in the App or by email to 24-7customerservice@7eleven.com.au, 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 10.7); and

(9)            any Pre-Authorisation Holds (if applicable),

except to the extent the loss or damage is caused or contributed to by the negligent act or omission, fraud or wilful misconduct of 7-Eleven.

12.4        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; and

(3)            the extent the loss or damage incurred by you is caused or contributed by 7-Eleven's gross negligence, fraud or wilful misconduct in connection with App.

12.5        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, except to the extent the loss, cost, expense or damage is caused or contributed to by the negligent act or omission, fraud or wilful misconduct of 7-Eleven.

12.6        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 provided such changes do not adversely affect your use of the App;

(3)            corrections and other minor or inconsequential changes, as reasonably determined by us;

(4)            that are generally beneficial to, or do not have any adverse impact on, users of the App, as reasonably determined by us; 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             GENERAL

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. For avoidance of doubt, nothing in this clause is intended to exclude liability for fraud or fraudulent misrepresentation or any other representation which cannot be excluded by law.

15             CONTACT

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: 24-7customerservice@7eleven.com.au.

If you have any complaints or concerns about our Privacy Policy or our handling of your personal information, you can contact our Privacy Officer at privacy@7eleven.com.au.

Alternatively, you can write to "Privacy Officer, 7-Eleven Stores Pty Ltd, 2/658 Church St, Richmond VIC 3121".

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 from time to time and will give you notice in these circumstances.

16             FUEL PRICE LOCK TERMS AND CONDITIONS

Introduction

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 our best local price for a chosen type of fuel (Fuel Lock) (for up to 150 litres and a maximum discount of 25 cents per litre) 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  by presenting your My Card to redeem the Fuel Lock for a maximum discount of 25 cents per litre (for one transaction), in accordance with these Terms and Conditions (in particular please see section 16.16 which explains what happens if the difference between your locked in price and the pump price exceeds 25 cents per litre and section 16.24 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. Note that where you are within 250km of 7-Eleven Burdell, the App will identify the five 7-Eleven Stores that are closest to 7-Eleven Burdell.

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 up to a maximum saving of 25 cents per litre (see section 16.16 below which explains what happens if the difference between your locked in price and the pump price exceeds 25 cents per litre), 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 section 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. Further, you will not be eligible for any other offer that relates to fuel price in any way when redeeming an activated Fuel Lock.

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 16.24 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 must present your My Card for scanning at the counter before you pay for the fuel in that transaction.  The price that was locked in by the Fuel Lock (for the chosen fuel type) will be applied to your fuel purchase of that type for up to 150 litres and a maximum discount of 25 cents per litre.  If the difference between the pump price and the price locked in by Fuel Lock (ie: pump price minus Fuel Lock price) exceeds 25 cents per litre, the Fuel Lock price will be automatically increased, and you will receive the maximum saving of 25 cents litre. The total discount will be capped at and will not exceed 25 cents per litre for up to 150 litres. If you are purchasing more fuel than 150 litres in that transaction, the excess will be charged at the then current price as shown at the pump.

16.17      If you redeem a Fuel Lock and the price locked in 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.

16.18      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).

16.19      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 saving and fuel quantity 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.

16.22      You will not be eligible for any other offer that relates to fuel price in any way when redeeming an activated Fuel Lock.

Errors or other issues with the Fuel Lock

16.23      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.

16.24      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 the value of the savings that you would have made if you were able to redeem your activated Fuel Lock (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.

16.25      If you are not using the Fuel Up feature of Pay & Go, unless otherwise requested by you, the Difference will be provided via a gift card which 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). If you are using the Fuel Up feature of Pay & Go the refund will be processed in accordance with paragraph 24 of section 20.15 below.

17             APP OFFERS TERMS AND CONDITIONS

Introduction

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.

Redeeming Offers

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;

(4)            You can also redeem an Offer (other than items that cannot be purchased using Pay & Go (see section 20.4 below), those items may be redeemed at the counter) when using Pay & Go  by scanning the item subject of the Offer and the Offer will be applied within the App at the Pay & Go checkout.

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.

18             MY 7-ELEVEN’S LOYALTY PROGRAM TERMS AND CONDITIONS

Introduction

18.1        By using the App, you can participate in our “My 7-Eleven’s Loyalty Program” program (Loyalty Program).

18.2        The Loyalty Program operates as follows:

(1)            you scan your My Card each time you visit our 7-Eleven Stores and make a Valid Loyalty Transaction (as described below).  Each of these are Visits.  The App will keep track of the number of your Visits;

(2)            following your 6th such Visit, the App will present you with a reward that is redeemable at selected 7-Eleven Stores in Australia (or a choice between multiple rewards) (Reward), along with applicable Additional Terms; and

(3)            you can activate the Reward and redeem it as per any other Offer (see section 17). 

18.3        Participation in the Loyalty Program is entirely optional, and you do not need to scan your My Card when you visit our 7-Eleven Stores.  If you scan your My Card and you are presented with a Reward (or a choice of Rewards) as part of the Loyalty Program, you must activate a Reward for the App to continue to record your Valid Loyalty Transactions and Visits.  However, you do not need to redeem the Reward if you do not wish to, and the Reward will automatically expire.  

18.4        The App will stop recording any Valid Loyalty Transactions and Visits that you make until you either activate a Reward or the 7-day period for activating a Reward expires. 

Visit and Valid Loyalty Transactions

18.5        To count as a Visit, you must make a Valid Loyalty Transaction and scan your My Card in the same transaction.  If you are using the Pay & Go Feature the Visit will be automatically recorded following payment.

18.6        A Valid Loyalty Transaction is a purchase transaction at a 7-Eleven Store that meets all of the following conditions:

(1)            the purchase price of the transaction (after applying the exclusions below) is $1.00 or more (including GST);

(2)            the purchase price of the transaction will exclude the following items:

(a)            tobacco and tobacco related products including but not limited to lighters;

(b)            any other products which are legally ineligible for loyalty programs as prohibited by law.

(3)            pay by any accepted payment method.  If your payment method is declined and you do not complete the payment, the transaction is not a Valid Loyalty Transaction.

18.7        If multiple Visits occur over a certain period of time, we only count the Visits as follows:

(1)            only the first Visit in a twenty minute period will count; and

(2)            only the first three Visits in any 24 hour period will count.

18.8        The App will keep track of the number of Visits that you have made.  Please note that the App may take up to an hour to synchronise so a recent Visit may not be updated immediately.

Rewards on 7th Visit

18.9        After you have made a 6th Visit, the App will present you with a Reward.  You may be given a choice as to which Reward to select.  Remember that the App will stop recording any Valid Loyalty Transactions and Visits that you make until you activate a Reward or the 7-day period for activating a Reward expires.

18.10      Once you activate the Reward, it will be saved in your App as per any other Offer.  If the Reward contains a choice of products, you may select the product of your choice when in store, subject to individual store stock availability.  If you purchase more than one of the Reward featured products 7-Eleven will at its sole discretion determine which product is free. You may redeem your chosen product in accordance with section 17.

18.11      A Reward must be activated within 7 days, after which time it will automatically expire.

Saving a Reward

18.12      The App will display Rewards available to you for activating under the “Rewards” tab.  Sometimes, you may be given a choice of selecting between multiple Rewards.

18.13      If you like the look of a Reward you can select to activate that Reward.  You have to activate the Reward to be able to redeem it and for the App to continue to record your Valid Loyalty Transactions and Visits.

18.14      Note that if you do not activate a Reward within 7 days, the Reward will disappear from the App.

18.15      Once any Reward is activated, you can redeem it within the expiry date of that activated Reward.  The App will display the Rewards that you have activated and their expiry dates.

18.16      If you do not redeem an activated Reward by its expiry date, the Reward will expire automatically.

Technical issues

18.17      In rare cases, 7-Eleven or its systems may not be able to recognise a Visit (for example your My Card may not scan at the counter).  If this happens, that visit will not be recorded as a Visit.  We will rectify this if you:

(1)            obtain and retain a store transaction receipt for proof of purchase; and

(2)            email a copy of your receipt to 7-Eleven Customer Service, contact details of which may be found in the settings menu of the App.

19             VELOCITY PARTNERSHIP PROGRAM TERMS AND CONDITIONS

Introduction

19.1        The App includes a Feature that allows you to use the App to link your 7-Eleven Account and your Velocity Frequent Flyer membership account (Velocity Account).  By linking the two accounts, you can earn Velocity frequent flyer points (Velocity Points) by scanning your linked My Card when you make an Eligible Purchase (as described in section 19.8 below) at 7-Eleven Stores.  

19.2        To earn Velocity Points via the App, you must be a Velocity member and use your My Card after linking the accounts (as described below) when completing a transaction.

Earning Velocity Points using the App

19.3        To earn Velocity Points on Eligible Purchases at 7-Eleven Stores:

(1)            Link your 7-Eleven Account and your Velocity Account see section 19.5 (if you have an existing Velocity Account) and 19.6 (if you do not have an existing Velocity Account).

(2)            After linking the accounts present your linked My Card for scanning at the counter before you pay each time you visit a 7-Eleven Store and make an Eligible Purchase. 

19.4        You will earn the following Velocity Points on Eligible Purchases at 7-Eleven Stores:

(1)            2 Velocity Points per $1.00 (including GST) spent on eligible in-store products;

(2)            2 Velocity Points per 1 litre of Premium Fuel; and

(3)            1 Velocity Point per 1 litre of Regular Fuel.

Linking 7-Eleven Account and Velocity Account

19.5        To link your 7-Eleven Account and your Velocity Account, if you are an existing Velocity Frequent Flyer member:

(1)            tap on Settings in the App and open the Velocity Frequent Flyer page;

(2)            tap on ‘Link Velocity & My 7-Eleven’;

(3)            verify your 7-Eleven Account by entering your 7-Eleven Account password when prompted;

(4)            enter your Velocity Frequent Flyer Membership number and password for your Velocity Account to verify your Velocity Account;

(5)            read and accept the linking of accounts terms and conditions by clicking ‘I agree’;

(6)            if the details you entered are correct, your accounts will be linked, and you will receive email confirmation from 7-Eleven.

19.6        If you do not have a Velocity Account, you can become a member of Velocity Frequent Flyer program by tapping on ‘Settings’ in the App menu then:

(1)            open the ‘Velocity Frequent Flyer’ page;

(2)            tap on ‘Join Velocity & My 7-Eleven’;

(3)            you will be redirected to the Velocity Frequent Flyer partner page where you will be requested to provide personal information such as your name, date of birth, address, contact number and email address.  Velocity will collect personal information directly from you.  For details on how Velocity will collect, hold, use and disclose your personal information please refer to Velocity’s privacy policy available at available at https://experience.velocityfrequentflyer.com/member-support/privacy/privacy-policy. 

(4)            when you complete the Velocity Frequent Flyer join form you will receive your Velocity Frequent Flyer Membership number immediately.  The number will appear on the screen and will also be sent to you by Velocity to your registered email;

(5)            once you receive your Velocity Frequent Flyer number, return to the App and link your 7-Eleven Account and your Velocity Account in the ‘Settings’ menu by following the steps set out in section 19.5 above.

19.7        To confirm that the linking process has been successfully completed, tap (in the App menu) on:

(1)            ‘Settings’ and check that the Velocity Frequent Flyer logo displays ‘Linked’; or

(2)            My Card and check that the Velocity Frequent Flyer logo is visible in the top left corner and displays ‘Linked’.

Eligible Purchases

19.8        An Eligible Purchase is a purchase transaction at a 7-Eleven Store that meets all the following conditions:

(1)            the purchase price of the transaction (which will be used for awarding Velocity Points) will exclude the following items:

(a)            tobacco and tobacco related products including but not limited to lighters;

(b)            parcel delivery and collect;

(c)            mobile prepaid/recharge phones and sim cards;

(d)            gift cards, travel cards, MoneyGram and vouchers;

(e)            prepaid tickets including transport tickets (Myki, Opal, Go Card);

(f)             trailer, lawn mower and car hire;

(g)            coin operated vacuums;

(h)            any other products which are legally ineligible for loyalty programs as prohibited by law;

(i)              purchases made online or via any home delivery services platform;

(j)              any other products designated as ineligible from time to time and specified on the 7-Eleven website, as updated from time to time.

(2)            payment is made by any accepted payment method including cash, most credit and debit cards issued by banks and mobile pay app, if available BUT excluding any payments made using 7-Eleven Fuel Pass, any fleet card, Motorpass, vouchers, redemption of free offers and any other excluded payment methods specified in these Terms and Conditions as updated from time to time. 

19.9        If your payment method is declined and you do not complete the payment, the transaction is not an Eligible Purchase. 

19.10      The exact number of Velocity Points awarded to your Velocity Account will be calculated after excluding any products or services which form part of a transaction which are not Eligible Purchases.  Fractions of Velocity Points will not be allocated. The total Points awarded on completion of a transaction will be calculated by applying the relevant Points earn rate to the actual number of litres of fuel purchased and the purchase price paid for in-store Eligible Purchases, before rounding the combined Points up to a whole number.

19.11      No retrospective claims for Velocity Points will be accepted at any time, even in instances where the claim arises out of technology malfunctions.

De-linking your 7-Eleven Account and the Velocity Account

19.12      You can de-link the Velocity Account from your 7-Eleven Account at any time.  To de-link the accounts, in the App menu:

(1)            tap on ‘Settings’ and open the ‘Velocity Frequent Flyer; page

(2)            tap on ‘De-link Velocity and My 7-Eleven’;

(3)            once the accounts are de-linked you will receive an email from 7-Eleven confirming that your Velocity Account has been de-linked from your 7-Eleven Account.

19.13      To confirm that the de-linking process has been successfully completed, tap (in the App menu) on:

(1)            ‘Settings’ and check that the Velocity Frequent Flyer logo displays ‘Not Linked’; or

(2)            My Card and check that the Velocity Frequent Flyer logo is no longer visible in the top left corner.

Partnership terms and conditions

19.14      Earning of Velocity Points at 7-Eleven Stores is subject to the Velocity and 7-Eleven Partner Program Terms and Conditions, as amended from time to time, available at https://www.7eleven.com.au/velocity.

19.15      Velocity membership and Velocity Points earn are subject to the Velocity Membership Terms and Conditions, as amended from time to time, available at https://velocityfrequentflyer.com/member-support/terms-conditions.  

20             MY 7-ELEVEN PAY & GO SERVICE TERMS AND CONDITIONS

Introduction

20.1        The App includes a Feature that allows you to use the App for mobile self-checkout service (Pay & Go) when purchasing products other than Excluded Products (listed at section 20.4) at 7-Eleven Stores (Pay & Go Products). 

20.2        Pay & Go is available at all 7-Eleven Stores. 

20.3        Pay & Go has 2 components:

(1)            Fuel-Up for purchases of fuel (other than those excluded at section 20.4) 7-Eleven fuel stores; and

(2)            Shop in-store for instore purchases of Pay & Go Products (other than those excluded at section 20.4).  

20.4        Pay & Go can be used to purchase Pay & Go Products sold at 7-Eleven Stores.  The following are not Pay & Go Products and cannot be purchased using the Pay & Go:

(1)            tobacco and tobacco related products;

(2)            LPG purchases;

(3)            fuel purchases for motorcycles including fuel offers and Fuel Lock redemption for those purchases;

(4)            mobile prepaid/recharge phones and sim cards and accessories;

(5)            kiosk services such as Moneygram;

(6)            travel cards and gift cards;

(7)            vouchers including free coffee, Slurpee and bread vouchers;

(8)            toll payments;

(9)            transport tickets (Myki, Opal and Go Card);

(10)         car wash and car vacuum;

(11)         lottery products;

(12)         trailer, lawn mower and vehicle hire;

(13)         instore discounted products;

(14)         Non-Alcoholic, Alcoholic Like products; and

(15)         such other products as determined by 7-Eleven from time to time and specified in the Pay & Go FAQ on our website, as updated from time to time.

(Excluded Products).

20.5        Pay & Go requires access to your precise location information and Bluetooth to be active on your Device in order to function (see section 3.4 above).

Activation of Pay & Go Feature

20.6        To activate Pay & Go:

(1)            You must be:

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

(b)            if you are under 18 years of age, you must obtain your parent or legal guardian’s consent before registering an account with us and using the Pay & Go Feature.

(2)            You need to download the latest version of the App on your Device.

(3)            You need to follow the steps in the registration process including:

(a)            providing your mobile number;

(b)            taking a photo of your face and uploading it to the App (Photo).  You cannot activate and use Pay & Go unless you upload the Photo;

(c)            at your option, provide payment details.  For activation purposes you don’t need to provide payment details, however you will not be able to complete transactions using Pay & Go until payment details are provided.  However, if payment details are not provided and you have Apple Pay or Google Pay enabled on your Device, these will be automatically used as the default payment method, and we will not ask you to add another payment method.

20.7        The Photo will be:

(1)            vetted by an algorithm to ensure it is a valid human face so that your registration can be approved; and

(2)            stored by 7-Eleven for use in accordance with section 20.8.  

20.8        When you visit a 7-Eleven Store and use Pay & Go to purchase Pay & Go Products, your Photo (and your first name when you use the Shop in-store feature of Pay & Go to order ‘made to order’ food items), will be visible to the store team member on the in-store monitor. We ask our Pay & Go customers to provide a Photo of themselves:

(1)            so that our team members are able to recognise you in-store and provide you with help;

(2)            to help discourage others from using your Pay & Go account; and

(3)            so that our team members can check that you have paid for your items before leaving the store or forecourt.

Your Photo will not be used by 7-Eleven for any other purpose.

20.9        You may be prompted to enable biometrics as part of the Pay & Go registration process. This is to sign into the App faster and more securely. Enabling biometrics is optional. The biometric information is stored on your phone and is not transmitted to or accessible by 7-Eleven.

Payment for Pay & Go Products using Pay & Go

20.10      To pay for the Pay & Go Products using the App, you must:

(1)            register an eligible credit card or debit card (Eligible Card).  A list of Eligible Cards can be found on our website at https://www.7eleven.com.au/payandgo.  You can also check whether your credit or debit card is eligible by entering its details on the online checkout screen.  If your card is not eligible it will be rejected as a payment method; or

(2)            pay using any other payment method listed on the online checkout screen; or

(3)            have Apple Pay (on iOS devices) or Google Pay (on Android devices) enabled on your Device.  These will be automatically used as the default payment method if you do not register an Eligible Card, and we will not ask you to add a payment method.

20.11      Each time you use Pay & Go, you authorise a temporary hold against that Eligible Card (Pre-Authorisation Hold).  The Pre-Authorisation Hold:

(1)            when you use Fuel Up, may be up to $300. The amount of Pre-Authorisation Hold will be equal to the fill limit you select in ‘Fuel Up’; and

(2)            when you use Shop in-store, will be equal to the total cost of the goods in your virtual basket and will be activated in accordance with section 20.15(7) below.

20.12      7-Eleven is not responsible for and has no control over the time it takes for your card issuer or bank to release any Pre-Authorisation Hold.  Please contact your bank if you have any questions.

20.13      All payments via Pay & Go are processed by our third-party provider and are processed pursuant to the following conditions:

(1)            You must be fully entitled to use your Eligible Card.

(2)            It is your responsibility to ensure that your Eligible Card details are valid and up to date and that sufficient funds or credit facilities are available at the time the payment is processed to cover the purchase.

(3)            Payment for the purchase will be processed immediately.

(4)            7-Eleven reserves the right to obtain validation of your payment details before approving your payment and carry out security checks from time to time.  If your Eligible Card triggers fraud prevention protocols (for example, your credit or debit card has expired or has been reported stolen by your bank) or your Eligible Card cannot be used for any other reason, your transaction will be cancelled.  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 using the traditional point of sale terminal.

(5)            7-Eleven does not store details of your Eligible Card.  All payment information is collected, processed and stored by our third-party service provider (ADYEN) to ensure that your transactions are 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 block your use of the Pay & Go Feature by suspending your 7-Eleven Account or preventing use of the Eligible Card. We may also prevent use of a 7-Eleven Account where we reasonably believe that allowing it to be used may cause harm to any person (including 7-Eleven or a 7-Eleven store). 

(7)            A Pre-Authorisation Hold may be made each time you authorise payment using an Eligible Card.  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 Eligible Card.

(8)            If you wish to query a recent Pay & Go transaction, you can go to the App Help & Support section, select Pay & Go and then select the transaction in question.  This will open an email on your mobile device and enable you to email us your query.  Please add a description of the issue to help us to resolve the matter as quickly as possible.

(9)            7‑Eleven is entitled to rely on any purchase made using Pay & Go or your My 7-Eleven Account as authorised by you.  7-Eleven is under no obligation to check that any purchase, instruction, or confirmation made through your account is made by you.  We are not responsible for any unauthorised activity on your 7-Eleven  Account (including any loss or damage), except to the extent the loss or damage is caused or contributed to by the negligent act or omission of 7-Eleven.  We may refer fraudulent, abusive or illegal activity to the relevant authorities.

Using Pay & Go for fuel purchases  

20.14      Pay & Go for fuel purchases (Fuel Up) operates as follows:

(1)            You agree to comply with all safety rules and regulations when using Fuel Up. You must only use your Device while you are in your vehicle.  Devices must not be used once you exit your vehicle, and you are on the forecourt.

(2)            You must not use Fuel Up:

(a)            for refuelling a motorcycle;

(b)            if you are filling a non-approved container;

(c)            if you have been notified of a safety issue at the 7-Eleven Store;

(d)            if the Pay & Go screen in the App is displaying incorrect store details; or

(e)            if a store team member informs you that Fuel Up cannot be used.

(3)            When you arrive at a 7-Eleven Store your Device mobile data connection, location services must be enabled to activate the ‘Fuel Up’ button (see section 3.4 above).

(4)            You will not be able to activate the ‘Fuel Up’ button  if the Pay & Go Feature is temporarily not available, or temporarily not available at that 7-Eleven store. There may also be some pumps that are excluded at a 7-Eleven Store. When you enter the pump number into the App, you will receive ‘pump is offline’ message, if you pull up at an incompatible pump. If this occurs, please move to another pump if you wish to continue using Fuel Up or refuel and pay at the instore counter.  

(5)            When you visit a 7-Eleven Store, you may press the ‘Fuel Up’ button on the Pay & Go homepage.  This will activate the store and pump confirmation page on your Device. 

(6)            You must ensure that the store description is correct before entering the pump number of the pump you wish to use.  Please note that if the store details displayed in the App are incorrect and you proceed with Fuel Up by selecting a pump number and fill limit, a Pre-Authorisation Hold will occur for a corresponding pump at the store displayed in the App which will allow another customer to dispense fuel at that other store. If this occurs, you will be liable for the cost of the fuel dispensed at that store up to the selected fill limit.

(7)            The pump you select must be available and not already in use by someone else.  Entering the correct pump number and store details is your responsibility.  Please note 7-Eleven has no liability in relation to any error made by you in selecting an incorrect store or pump.

(8)            If you select the wrong pump through Fuel Up, you will not have paid (and will remain liable) for the fuel that you dispensed.  You must go into the store and pay for the fuel that you dispensed.

(9)            Enter the fuel ‘fill limit’ that you wish to purchase.  This will ensure that the pump stops at that limit, and this will be the maximum amount that you will be charged.  You may fill up any amount under that limit, and you will only be charged for the amount that you fill. 

(10)         Choose the payment method that you would like to use for the transaction. A Pre-Authorisation Hold on the selected payment method equal to the amount of the fill limit you have chosen will occur.

(11)         Once you confirm that the store details, the pump number and the fill limit are correct you can proceed to the next step by clicking the ‘Pay now’* button.

*This button will vary depending on the payment method and Device used and may be any of the following: ‘Pay with VISA’; ‘Pay with Mastercard’;’ Checkout with Apple Pay’; ‘Buy with GPay’; ‘Checkout’ (no payment method required) or ‘Pay now’ when no payment method is configured.

(12)         The App will then connect to the selected store and pump and conduct the Pre-Authorisation Hold on the payment method selected.   

(13)         When the App has secured the pump and the Pre-Authorisation Hold, you will be instructed to start filling up.  If the Pre-Authorisation Hold is not secured you will receive an error message and you will need to restart the Fuel Up process again or fill up and pay at the counter in-store. Please ensure that your mobile phone remains safely in your vehicle.

(14)         When the App has secured the pump and the Pre-Authorisation Hold, if the nozzle is not picked up within 3 minutes, the authorisation will time out and the transaction will be cancelled, and you will need to start another Fuel Up session or fill up and pay at the counter.  Please note that this may result in a second Pre-Authorisation Hold and the time it takes to release the Pre-Authorisation Holds will depend on the card issuer or your bank.

(15)         If you become aware that the pump number is incorrect after the App has secured the pump and the Pre-Authorisation Hold, you may cancel the transaction before you commence refuelling by either waiting 3 minutes for the authorisation to time out or by simply lifting the nozzle of the incorrectly selected pump and replacing it on the pump without dispensing any fuel.  Please check and follow the prompts on the App to ensure that the transaction has been cancelled.    

(16)         To protect customers, we may ask you to conduct an additional verification step with your bank or credit card issuer (3DS verification).  This will ensure that the payment method is valid and authorised by directing you to the card issuer’s website, or mobile app, or an SMS code being sent to your mobile phone.  The method of verification is dependent on the card issuer.  7-Eleven will only be notified on the success or failure of the verification.  If you are getting an error during this step, we recommend that you contact your bank or credit card issuer for more information.  Inform them of the amount, the date and time of when the verification attempt was made.

(17)         If you change your mind and decide not to use Fuel Up after the App has secured the pump and the Pre-Authorisation Hold, you may cancel the transaction before you commence refuelling by either waiting 3 minutes for the authorisation to time out or by simply lifting the nozzle and replacing it on the pump without dispensing any fuel.  Please check and follow the prompts on the App to ensure that the transaction has been cancelled before you leave the store. Please note if you do not cancel the transaction in accordance with this section 20.14(17) the authorisation will remain active, and any person may use the pump to refuel before the pump times-out. You will be liable for the cost of the fuel up to the Pre-Authorisation Hold amount, which will be charged to your selected payment method.  

(18)         When you are refuelling, the pump will automatically stop at the fill limit you selected.  If you wish to fill up more than the selected fill limit, you will need to hang up the nozzle when the fill limit is reached and start another Fuel Up transaction if you wish to use Pay & Go again or otherwise fill up and pay for the additional fuel at the in-store counter.  Please note that any activated Fuel Lock will be automatically redeemed for the first transaction and cannot be redeemed for the additional purchase.

(19)         If you fill up less than the selected fill limit, when you hang up the nozzle you will only be charged for the actual amount you have filled. 

(20)         When you complete refuelling, please ensure that the nozzle is hung up correctly. Your selected payment method will be automatically charged, and your activated Fuel Lock or other eligible fuel offers will be automatically redeemed.  The App will display a confirmation page once the transaction is completed. Once you see the ’Thank You’ page with your transaction summary, you may leave the store or the forecourt.  You will also receive an email receipt with all the transaction details.

(21)         If the nozzle of the selected pump is not hung up correctly after you have completed your refuelling, and any person starts to refuel from the same pump, you will be charged to your selected payment method for any additional fuel that is dispensed by that person up to the Pre-Authorisation Hold amount.

(22)         In some instances, we may not be able to charge your selected payment method immediately.  In such case, when you’ve completed refuelling the App will display ‘Thank you’ page with a reference number and a message that you may leave the store. You will receive an email receipt when the transaction has been finalised.

(23)         When you finish refuelling, you must check the App when you get back into your vehicle to ensure that you have received a ‘Thank you’ message and instructions that you may leave the store.  If the ‘Thank you’ message is not delivered to your App an error has occurred with Fuel Up and you have not paid for the fuel and must do so at the in-store counter.

(24)         If, for reasons outside your control, you are unable to redeem your activated Fuel Lock and you have already dispensed the fuel, Fuel Up will finalise payment at the standard pump price.  If this happens you can use the ‘Contact Us’ form in the ‘Help and Support’ tab of the App to contact us.  The last 5 transactions completed using Pay & Go will be displayed in the Contact Us form.  Please select the Fuel Up transaction for which the activated Fuel Lock could not be redeemed and add a description of the issue to help us to resolve the matter before you submit the form. We will provide you with a reimbursement to the same payment method to the value of the savings that you would have made if you were able to redeem your activated Fuel Lock once the claim is assessed and processed.   

Using Pay & Go for in-store purchases  

20.15      Pay & Go for purchases of in-store Pay & Go Products (Shop in-store) operates as follows:

(1)            When you enter a 7-Eleven Store your Device mobile data connection, Bluetooth and location services must be enabled to activate the ‘Shop in-store’ button (see paragraph 3.4 above).

(2)            You will not be able to activate the ‘Shop-in store’ button if the Pay & Go Feature is temporarily not available at that 7-Eleven store.

(3)            When you visit a 7-Eleven Store, you may press the ‘Shop in-store’ button on the Pay & Go homepage.  This will activate the barcode scanner function on your Device, enabling you to scan the barcode of Pay & Go Products.  Once the Pay & Go Product is scanned it will be added to your virtual basket for purchase. 

(4)            If you wish to purchase multiple quantities of the same Pay & Go Product, you must individually scan the barcode of each item that you wish to purchase.

(5)            You may review your basket at any time by tapping on the ‘View basket’ button.  If you no longer want a scanned item within your basket, you can delete it by clicking on the small cross (x) next to the item you wish to delete.  If you change your mind about your entire purchase, you can click on ‘Cancel’ and select ‘Discard’ basket when prompted to save your basket.

(6)            Once you are satisfied with the goods in your basket, you must pay for the goods by clicking the ‘Pay now’* button.  The first time that you use Pay & Go you will need to add your payment details as outlined in section 20.10 above.  Otherwise, you can pay by selecting the payment method from your already saved payment options.

*This button will vary depending on the payment method and Device used and may be any of the following: ‘Pay with VISA’; ‘Pay with Mastercard’;’ Checkout with Apple Pay’; ‘Buy with GPay’; ‘Checkout’ (no payment method required) or ‘Pay now’ when no payment method is configured.

(7)            Once you click on the ‘Pay now’ button a Pre-Authorisation Hold on your selected payment method equal to the total cost of the goods in your basket will occur. Once the transaction is completed the Pre-Authorisation Hold will be released.  If you decide not to complete the transaction, the Pre-Authorisation Hold will remain until your bank releases it. The time it takes to release the Pre-Authorisation Hold will depend on the card issuer or your bank.

(8)            You must pay for all products before you leave the store with the goods, either by paying for them using Pay & Go or at the traditional point of sale terminal in the store.

(9)            Once payment has been successfully received, you will receive a notification and you may leave the store with your purchased goods.  If payment is not received successfully, you will receive an ‘Error’ notification.  You may choose a different payment method to pay for the goods or otherwise pay for your goods using the traditional point of sale terminal in the store.

(10)         Certain types of goods sold at 7-Eleven stores may be subject to age restrictions. Nothing in these Terms and 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.

Prices

20.16      The price of Pay & Go Products displayed within the App should match in-store prices.  This includes store-wide promotions but excludes instore discounted products, individual vouchers and Fuel Lock prices.  However, any price displayed is subject to change without notice and there may be a short time lapse between any price change and the update of the price which is displayed in the App.  If there is a discrepancy between the in-store price and the price displayed in the App, 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 terminal in the store.

20.17      7-Eleven reserves the right to amend any pricing errors in the App that arise, for example, due to human error or computer malfunction.  7-Eleven will notify you of any error in pricing and you may elect not to purchase any goods where the price has been corrected.

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

Returns

20.19      7-Eleven 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, replaced or refunded if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

20.20      The return of goods process in section 20.21 is in addition to any rights and remedies you may have in respect of any breach of a Non-excludable Term (see section 11) or otherwise at law.

20.21      You may return damaged or faulty products (other than any fuel dispensed) to the store the product was purchased from together with your proof of purchase.

20.22      We will process any refund and issue a refund to your original payment method.  Cash refunds will not be issued for Pay & Go purchases.

20.23      Refunds will not be provided for change of mind.