- 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).
ELLIGIBILITY TO USE PLATFORM
- To create an account and use the Platform you must be over 18 years of age.
- While you are registered with Fill’er App you must maintain control of your Fill’er App account.
- 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
- You agree and acknowledge that use of the Services is at your sole risk.
- You agree that you will not:
- compromise the security of the Platform; or
- use the Platform or the goods available through the Platform for resale purposes.
- 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.
- We will post a description of the product and other relevant information on the Platform.
- 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.
- When an order is submitted through our Site or App, we will send you a confirmation of the order (Confirmation).
- The Services are only available within the kilometre radius set out within the App or Site unless otherwise approved by Fill’er App.
- 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).
- 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 of the diesel will be subject to availability.
- 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.
- Your order will be delivered to the address provided.
- 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.
- 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.
- 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
- 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:
- as to the accuracy, legality, suitability or reliability of the information contained in the Platform’s content;
- that the goods supplied will be fit for purpose, of acceptable quality or match any description provided; or
- that the Services will be uninterrupted, without delay, error-free or omission-free.
- 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.
- 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.
- 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.
- 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.
- If you have a complaint about the Service please contact us at email@example.com