Fill’er App Terms & Conditions

Fill’er App Customer Terms of Use

  1. Fill’er App Pty Ltd (ACN 647 266 439) (Fill’er App, us, we, our) operates a service allowing users (Customer, you, your) to purchase diesel and have it delivered to your premises via the Fill’er App application (App) or any other platform we may introduce in the future (together, the Platform).
  2. By using the Platform and the services, features or functionality offered through the Platform, including the refuelling service (Services) you agree to be bound by these the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site or the App (Terms of Use).

ELLIGIBILITY TO USE PLATFORM

  1. To create an account and use the Platform you must be over 18 years of age.
  2. While you are registered with Fill’er App you must maintain control of your Fill’er App account.
  3. At its reasonable discretion, Fill’er App may refuse to allow any person to register or create an account with Fill’er App or cancel or suspend any existing account.

ACCESS TO THE PLATFORM

  1. You agree and acknowledge that use of the Services is at your sole risk.
  2. You agree that you will not:
    1. use the Platform or the Services for any purpose that is illegal, beyond the scope of the intended use, or otherwise prohibited in these Terms of Use;
    2. compromise the security of the Platform; or
    3. use the Platform or the goods available through the Platform for resale purposes.
  3. The materials displayed on the Platform, including without limitation, all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Platform are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Platform.

ORDERS

  1. We will post a description of the product and other relevant information on the Platform.
  2. You will select the estimated quantity of diesel you require to be delivered and be provided with delivery options. Any delivery costs will be confirmed prior to confirmation of your order.
  3. When an order is submitted through our Site or App, we will send you a confirmation of the order (Confirmation).
  4. The Services are only available within the kilometre radius set out within the App or Site unless otherwise approved by Fill’er App.

PAYMENT

  1. The price of products listed on the Platform is inclusive of GST. You agree to pay the purchase price specified at the time you place your order including any applicable delivery and insurance charges based on the option selected by you. A hold will be placed on your card for the estimated total order charge and the final charge will be determined upon the refuelling services being provided (based on the quantity of diesel actually supplied).
  2. Payment is made through a third party payments platform and Fill’er App does not collect your payment information. The terms of the third party payments platform will apply as well as the terms of your bank or card issuer.

DELIVERY/AVAILABILITY

  1. Delivery of the diesel will be subject to availability.
  2. Fill’er App will take all reasonable steps to provide the refuelling service within the time specified on the Site or App. Availability, weather and traffic conditions may impact delivery time.
  3. Your order will be delivered to the address provided.
  4. When the refuelling service has been provided, you agree that Fill’er App will finalise the cost of the order based on the quantity of fuel supplied, which may result in an amount greater than the initial holding charge being made to your account. The price charged per litre of diesel for any excess quantity supplied will be the same as was provided to you at the point you made your order.
  5. You must ensure that the premises and any locations where the Services are provided by Fill’er App comply with any applicable health, safety, and environment laws (including by obtaining any and all licences or accreditations required to operate the machinery or vehicles to be refuelled). You agree to indemnify and hold harmless Fill’er App from any loss, claim or liability suffered or incurred in connection with your negligence or failure to provide a safe environment for the Services to be provided.
  6. You must be available to accept delivery at the time the product is expected to be delivered and within a reasonable time either side of the delivery. You warrant that you have the appropriate rights and access to allow us access to the property and/or machinery or vehicle to be refuelled. We will attempt delivery at the address you provide to us when you place your order. You will be charged a re-delivery fee in the event of failed delivery or in the event we cannot safely access the property. If there are multiple events of failed delivery, we may cancel your order.

DISCLAIMER AND LIMITATION OF LIABILITY

  1. To the extent permitted by law, Fill’er App, Fill’er App related entities, or any of their respective directors, officers, employees, contractors or agents make no representation or warranty:
    1. as to the accuracy, legality, suitability or reliability of the information contained in the Platform’s content;
    2. that the goods supplied will be fit for purpose, of acceptable quality or match any description provided; or
    3. that the Services will be uninterrupted, without delay, error-free or omission-free.
  2. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), which if excluded from a contract would contravene any statute or cause any part of these Terms of Use to be void (Non-excludable Condition), to the extent permitted by law, Fill’er App specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) arising out of or in any way connected with the App, the Site, the Services or the goods provided.
  3. Except for liability in relation to a breach of any Non-excludable Condition, to the extent allowed by law, Fill’er App's liability to the Customer is limited to the total amount of payments made by the Customer to Fill’er App.
  4. Fill’er App's liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option, to any one of resupplying, or paying the cost of resupplying goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, the services in respect of which the breach occurred.
  5. The Platform and Services provided are not intended to replace or serve as a substitute for any professional or expert advice, consultation or service and must not be relied upon as such.

PRIVACY

  1. By accepting these Terms of Use you agree to the collection, use and sharing of information in accordance with the Fill’er App Privacy Policy. [http://fillerapp.com.au/privacy/].
  2. Further, you agree to comply with all applicable privacy and data protection laws in uploading any data to the Site and you warrant that all relevant consents have been obtained from any identifiable individuals.

VARIATION

  1. We may amend or update these Terms of Use. The revised Terms of Use will be notified on the Platform and if you do not agree with the amendments you may discontinue using the Platform.
  2. If we make any variation to these Terms of Use, we will post them on our Site and notify you via the App if the variation would be detrimental to you.

COMPLAINTS

  1. If you have a complaint about the Service please contact us at info@fillerapp.com.au

GENERAL

  1. These Terms of Use are governed by the laws of New South Wales, Australia. You and Fill’er App submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
  2. A failure by a party to exercise any right under these Terms of Use will not be considered a waiver of those rights.
  3. The provisions of these Terms of Use are severable, and if any provision of these Terms of Use is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
  4. These Terms of Use may be assigned or novated by Fill’er App provided there is no material detriment to you.
  5. These Terms of Use set out the entire understanding and agreement between you and Fill’er App with respect to its subject matter.
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