Legal stuff

Terms and conditions of use of the EzySt Application

1. By accessing and using the EzySt Application (the “Application”), you agree to be legally bound by these Terms of Use. The term “User” refers to anyone who accesses the EzySt Application, including You.

2. EzySt or EzyStreet is the trading name of The Online Fuel Company Pty Ltd ACN 645 132 047 (“EZYST”)

Pay at Pump

3. When you use the Pay At Pump feature to purchase fuel:

a. you will be prompted to identify the participating fuel site, the number of the fuel pump you intend to use, the grade of fuel and the maximum pre-authorisation value of your purchase. You are responsible for inputting the correct values of these items and EZYST will not be liable for any errors made by you;

b. If the fuel pump selected by you is available, then the EzySt Application will seek to validate that you have sufficient funds for the maximum pre-authorisation value you specified.

c. If such validation is provided the EzySt Application will authorise the fuel pump and communicate to you that you may commence dispensing fuel at the nominated pump;

d. You will be charged for the quantity of fuel actually dispensed from the fuel pump. This may differ from the amount of any pre-authorisation. You will not be permitted to try to purchase more fuel than the pre-authorisation value;

e. If such validation is not provided, you may submit subsequent requests at lower pre-authorisation amounts through the EzySt Application. If the EzySt Application cannot obtain pre-authorisation then you will not be permitted to purchase fuel via the EzySt Application.

4. Before using the EzySt App to purchase fuel, You must choose, and link, a Payment Method to Your account. You cannot use the pay at pump feature in the EzySt App to purchase fuel unless Your account has a linked Payment Method.

5. We accept Visa, Mastercard and most debit cards and may choose to accept other payment methods from time to time.

6. Where relevant, You authorise Us charging You for the Fuel dispensed by You, using Your selected Payment Method. We charge you on behalf of the Merchant, as agent for the Merchant, who is the party selling the Fuel you are purchasing. We collect these charges on behalf of the Merchant.

7. We will never see nor store credit or debit card numbers. Such details are collected, stored and processed by our payment service provider.

8. By loading a nominated payment method, You authorise a temporary pre-authorisation hold at the amount specified in the EzySt App as part of Your application. You understand that a pre-authorisation hold puts a temporary hold on the funds that would otherwise be available using Your Payment Method until such time as the transaction has cleared; and (b) We have no power to influence the length of time it takes Your bank or Payment Method provider to release any pre-authorisation hold against Your Payment Method; and (c) Attempting to make payment with a Payment Method multiple times during one transaction may result in multiple pre-authorisation holds being placed on Your Payment Method.

9. You will not be able to use a Payment Method if it has expired, has been reported stolen by Your bank or is no longer eligible for use in the EzySt App for any reason. You will be notified in the EzySt App if Your nominated Payment Method has failed.

10. You acknowledge that registering a card as a nominated Payment Method creates a digital instance of that card. This means that if Your nominated Payment Method is a physical credit or debit card You must cancel Your card if Your device or Your physical card is lost or stolen.

11. All prices in the EzySt App shall be shown, and charged, in Australian dollars, and shall be inclusive of GST and any other applicable taxes.

12. If You are not satisfied with the quality of any products provided through the pay at pump feature in EzySt App and wish to seek a refund or any other compensation, You should contact Us through the 'Feedback' section of the EzySt App within 48 hours of the relevant purchase, providing details of why You require a refund. To the maximum extent permitted by Law, including the Australian Consumer Law, and without limiting clause 12, we will assess the merits of each refund claim and will advise You of our decision within 30 days.

Your obligations when visiting a Participating Site including when dispensing fuel

13. Fuel is combustible and therefore inherently a dangerous product. A service station also has frequent visitors arriving and departing in vehicles.

14. Your safety and the safety of others at a Participating Site is of paramount importance. You agree to comply with the following when visiting a Participating Site:

a. Familiarise Yourself with the safety signage, the physical layout of the site and make Yourself aware of the location of vehicles entering, driving on and exiting the Participating Site;

b. Observe the requirements and recommendations of any such safety signage and/or any directions of any staff of a Participating Site;

c. Not use the EzySt App (or Your mobile device) while refuelling Your vehicle. Once You have replaced the pump nozzle, You are welcome to open and use the EzySt App on Your mobile device;

d. Never smoke on a Participating Site;

f. If You are aged under 16 years old, You must not dispense Fuel.

g. Never fill your car while it is in motion or if the engine or ignition is on.

Redemption of offers displayed in the EzySt Application

15. These terms apply to every Offer displayed in the EzySt Application.

16. An Offer displayed in the EzySt App is either a Merchant Offer or an EzySt Offer. If an Offer is an EzySt Offer, then the terms and conditions of the offer will specify that the Offer is an EzySt Offer. All other offers are Merchant Offers.

17. A “Merchant” is a third party unrelated to EZYST that sells, supplies and/or provides the Merchant Offering. As the provider of the EzySt Application, EZYST does not own, create, resell, provide, control, manage, offer, deliver or supply Merchant Offerings. Merchants alone are responsible for their Merchant Offers. When Users redeem a Merchant Offer (by displaying the barcode to the cashier at the time of the transaction or using the pay at pump feature) they are entering into a contract directly with the Merchant. EZYST is not and does not become a party to or other participant in any contractual relationship between Merchants and Users in relation to Merchant Offers.

18. EZYST has no control over and does not guarantee the existence, quality, safety, suitability or legality of the contents of a Merchant Offer. EZYST does not endorse any Merchant Offer.

19. In the case of an EzySt Offer, EZYST is the seller of the product the subject of the EzySt Offer. When Users redeem an EzySt Offer (by using the pay at the pump feature), Users enter into a contract to buy that product directly with EZYST.

20. Offers are capable of being, and permitted to be, redeemed only whilst you are physically located at the retail location advertising the Offer and only for immediate transaction. It is not permissible to redeem an Offer for later use. In the case of Offers redeemed by presenting a barcode, Staff at Merchant retail locations are trained to inspect the timestamp displayed in the EzySt Application evidencing the time that the user selects “Redeem Deal” to verify compliance with this requirement. Further, once you have closed out of the screen displaying the barcode for the Offer, the EzySt Application treats the Offer redemption as complete. As limits may be set on the number of redemptions an individual User may make of a particular Offer, you may not be able to access the particular Offer again. Please ensure therefore you proceed immediately to complete the transaction with the Cashier after selecting “Redeem deal” in the EzySt Application without closing out of the screen displaying the barcode.

21. In addition, Merchants/EZYST (as applicable) may set one or more conditions and parameters with respect to their Offers. Each Offer card in the EzySt Application displays the relevant additional terms and conditions for that offer. Relevant conditions may include the following (without limitation):

a. An Offer may be valid for redemption for a limited period of time – the period of time remaining for redemption is specified in the Offer card. If you do not redeem the Offer within the period for redemption, it will expire automatically. It cannot be redeemed anymore – even if you have saved it in the “My Saved Deals” wallet in the EzySt Application.

b. A Merchant/EZYT (as applicable) may permit only a limited number of redemptions for any particular Offer – the number of redemptions remaining for an Offer is specified on the Offer card. Once the maximum number of redemptions of an Offer has been reached, the Offer will expire automatically. It cannot be redeemed anymore - even if you have saved it in the “My Saved Deals” wallet in the EzySt Application;

c. An Offer may not be redeemed in conjunction with any other Offer (whether displayed in the EzySt Application or otherwise) or a particular payment method;

d. An Offer may only be redeemed if particular specified minimum purchase conditions are met (such as a minimum volume of fuel or an in-store spend);

e. A limit on the number of Offer redemptions or frequency of Offer redemptions for an individual User or in a transaction.

f. Any Offer you view or access in the EzySt Application is for your non-commercial, personal use only.

g. The reproduction of an Offer (or Offer card) is prohibited (for example, you may not create a “screenshot” of an Offer or Offer card). The commercial trade of an Offer or Offer card is prohibited.

h. Merchants/EZYST (as applicable) may withdraw, vary or cancel Offers that have not yet been processed at any time. “Processed” in this context means the User has selected “redeem deal” in an Offer card and presented the barcode to the cashier as part of paying for the relevant transaction or completed the pay at the pump process with respect to the Offer. In addition, fuel price offers displayed in the EzySt Application may (and in some locations are likely to) change multiple times during the day and there is no guarantee that an Offer displayed will remain available when you arrive on Site.

22. You promise not to provide false data including false names, addresses and/or contact details or allow anyone else to do so.

23. If you redeem a Merchant Offer, but the Merchant has not properly provided you with the Merchant Offer, or if you have a complaint regarding the provision of the Merchant Offer, we would be grateful if you let us know however you must take action against the Merchant directly. This is because the Merchant, and not EZYST, is responsible for the supply and/or provision of the Merchant Offer – the EzySt Application only displays the Merchant Offer. However, if you and the Merchant cannot agree on how to resolve the complaint, EZYST may, upon your request, try to help resolve the issue between you and the Merchant.

EzySt Application Operation

24. The EZYST Application may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. EZYST is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by EZYST of such Third-Party Services.

25. Due to the nature of the Internet, EZYST cannot guarantee the continuous and uninterrupted availability and accessibility of the EzySt Application. EZYST may restrict the availability of the EzySt Application or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the EzySt Application.

Your Use of the EzySt Application

26. EZYST hereby grants you a non-exclusive, non-transferable, limited license to access and use the EzySt Application under the terms set out below. The EzySt Application content includes but is not limited to text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”). Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the EzySt Application or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of EZYST. You agree to use the EZYST Application only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the EzySt Application.

27. The Content is the exclusive property of EZYST or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the EzySt Application and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the EzySt Application may be registered or unregistered marks of EZYST or others. Nothing contained on this Application should be construed as granting any license or right to use any of the Marks displayed on the EzySt Application without the express written permission of EZYST or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other EZYST material, please contact EZYST.

Liability and Disclaimer

28. THE CONTENT AND THE EZYST APPLICATION ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. EZYST DOES NOT MAKE ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR ANY PRICING OR INFORMATION TO BE OBTAINED FROM, ACCESSING AND USING THE EZYST APPLICATION, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE EZYST APPLICATION. TO THE EXTENT PERMITTED BY LAW, EZYST HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. EZYST SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.

29. SPECIFICALLY, WHERE EZYST DISPLAYS FUEL RETAIL PRICE INFORMATION (KNOWN AS THE BOARD PRICE OR THE PRICE AVAILABLE TO THE MARKET GENERALLY NOT AS PART OF A SPECIAL OFFER), THAT INFORMATION HAS BEEN SUPPLIED TO US BY THE RELEVANT GOVERNMENT TRANSPARENCY SCHEME OPERATING IN THE LOCATION OF THE RETAIL FUEL SITE. WE REQUEST UPDATES ON FUEL RETAIL PRICES AT LEAST EVERY 30 MINUTES FROM THE NSW AND QLD SCHEMES. AS A CONSEQUENCE, IF A RETAIL FUEL SITE HAS CHANGED PRICE WITHIN 30 MINUTES OF OUR LAST UPDATE, THAT NEW PRICE WILL NOT APPEAR IN THE EZYST APPLICATION UNTIL OUR NEXT UPDATE (ASSUMING THE PRICE CHANGE IS PROPERLY COMMUNICATED TO THE GOVERNMENT TRANSPARENCY SCHEME AND ACCESSIBLE TO US).

30. EZYST is always liable for: (a) death and personal injury caused by EZYST’s negligence/gross negligence; (b) fraud or fraudulent misrepresentation made by itself; or (c) any implied contractual terms that cannot be excluded or limited under applicable law.

31. Other than as set out in above, EZYST is not liable for any other losses or damages you may suffer, including any indirect or consequential losses.

32. EZYST does not promise the completeness, fitness for purpose or legality of the Merchant Offer. EZYST is not liable for the quality, safety, usability or any other aspect of the Merchant Offer.

Anti-hacking Provision

33. You expressly agree not to use the EzySt Application in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:

a. use the EzySt Application for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;

b. use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the EzySt Application or any data or content found on or accessed through the EzySt Application without prior express written consent;

c. obtain or attempt to obtain through any means any materials or information on the EzySt Application that have not been intentionally made publicly available either by their public display on the EzySt Application or through their accessibility by a visible link on the EzySt Application;

d. in any way bypass or circumvent any other measure employed to limit or prevent access to the EzySt Application or its content;

e. violate the security of the EzySt Application or attempt to gain unauthorized access to the EzySt Application, data, materials, information, computer systems or networks connected to any server associated with this Application, through hacking, password mining or any other means;

f. interfere or attempt to interfere with the proper working of the EzySt Application or any activities conducted on or through the EzySt Application, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the EzySt Application; or

g. take or attempt any action that, in the sole discretion of the EzySt Application’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the EzySt Application or such operation’s infrastructure.

Compliance with Laws

34. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the EzySt Application. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions could be subject to criminal or civil penalties.

35. You are entirely liable for activities conducted by you in connection with your browsing and use of the EzySt Application. If you are dissatisfied with the Content or the EzySt Application or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the EzySt Application. EZYST will not pay you any damages in connection with your browsing or use of the EzySt Application.

Copyright and Trademark Notices

37. The Online Fuel Company Pty Ltd may change these Terms of Use at any time without notice. The most current version of the Terms of Use will be posted at www.ezyst.com.au.

38. Your use of the EzySt Application after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of these Terms of Use as modified by the posted changes.

39. A reference in these Terms of Use to EZYST includes a reference to its related bodies corporate and affiliates.

Terms and conditions of use of the EzySt Website

1. Use Of The EzySt Web Site

The Online Fuel Company Pty Ltd trading as EzySt hereby grants you a non-exclusive, non-transferable, limited license to access and use the Web Site (www.ezyst.com.au) under the terms set out below. The Web Site content includes but is not limited to text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”). Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of EzySt. You agree to use the Web Site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Web Site.

The Content is the exclusive property of EzySt or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Web Site may be registered or unregistered marks of EzySt or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of EzySt or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other EzySt material, please contact EzySt.

2. Disclaimer

THE CONTENT AND THE WEB SITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. TPPS DOES NOT MAKE ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE TPPS WEB SITE, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE TPPS WEB SITE. TO THE EXTENT PERMITTED BY LAW, TPPS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. EZYST SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FORANY DAMAGES RESULTING THEREFROM.

3. Links to Other Web Sites

You may, through hypertext or other computer links, gain access to web sites operated by persons other than EzySt. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites’ owners. You agree that EzySt is not responsible for the content or operation of such web sites, and that EzySt shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that EzySt endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the Web Site.

4. Anti-hacking Provision

You expressly agree not to use this Web Site in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:
use the Web Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web Site or any data or content found on or accessed through the Web Site without prior express written consent;
obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
in any way bypass or circumvent any other measure employed to limit or prevent access to the Web Site or its content;
violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any server associated with this Web Site, through hacking, password mining or any other means;
interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site; or
take or attempt any action that, in the sole discretion of this Web Site’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or such operation’s infrastructure.
5. Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Web Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions could be subject to criminal or civil penalties.

You are entirely liable for activities conducted by you in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Web Site. EzySt will not pay you any damages in connection with your browsing or use of the Web Site.

6. Copyright and Trademark Notices