Conditions of Use & Privacy Policy

This Discount App ("App") is brought to you by Viva Energy Australia Pty Ltd ("Viva Energy"). Viva Energy has the master brand licence of the Shell brand for downstream activity in Australia. The content and your access to the content of this App have been made possible through Viva Energy and the Viva Energy customer(s) or sponsored entities identified as "[Partner]" on the App ("Partner"). This App is designed to be used in conjunction with a subscription or membership between you, the user of this App, and Viva Energy's Partner ("Membership" and each member a "Member"). The Partner's Membership terms and conditions will also apply to your access to the App and the contents of the App which are offered to you. Please contact the Partner for details of your Membership. A link to their contact details is set out in the App.

Users (members and guests alike) are bound by the following 'Viva Energy SMS Conditions of Use' so please read these carefully before going on. For the purposes of these terms and conditions, "Social Media Services" or "SMS" means various digital media assets such as this App, profiles on 'Facebook', 'Twitter', 'LinkedIn', and/or websites including websites accessible through Shell.com.au and websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device) owned, operated and/or made available to you, the public, by Viva Energy.

'Guest Access' to this App and any Social Media Service may be granted at Viva Energy's discretion to individuals who are not Members subject to terms and conditions stipulated by Viva Energy from time to time.

Viva Energy SMS Conditions Of Use

These terms and conditions, together with the Viva Energy Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Social Media Service ("Conditions") govern your use of and access to the Social Media Service.

We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the Social Media Service. Your subsequent or continued use of the Social Media Service will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of the Social Media Service.

These terms and conditions of use were last updated in 18th December 2018.

Access

While we use reasonable endeavours to ensure that the Social Media Service is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to all and/or part of the Social Media Service may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to: (a) change or discontinue any website, feature or service (or part thereof) on the Social Media Service at any time; and/ or (b) change the pricing for any chargeable service or feature on the Social Media Service at any time without providing prior notice to you.

Registration

You may be required to register as a Member or guest of the Social Media Service and/or a particular website with us or our Partner to access the some or all of the Social Media Service.

When registering, you must provide us with accurate, complete and up-to-date registration information, as requested. If registering as a member, you must inform us of any changes to your registration information. In relation to the App, and Membership if applicable, if a 'Partner' or co-promoter is specified by Viva Energy, your personal information will be handled carefully and strictly in accordance with the Viva Energy Privacy Policy and the applicable Partner or co-promoter.

You must not: (a) register as a member multiple times; impersonate or create a membership for any person other than yourself.

You are responsible for: (a) the security and confidentiality of your membership details, including any username and/or password assigned to you; and (b) all activities which occur under your membership details (including any unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.

We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the Social Media Service, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.

Use

You must not use the Social Media Service or (text, illustrations, photos, audio, video, any combination of these or other material ("Material") obtained from the Social Media Service):

1. in breach of any applicable laws or regulations;
2. to:
   • transmit (or authorise the transmission of) unsolicited messaging, communication or emails, or spam;
   • impersonate any person or entity;
   • solicit money, materials or information from any person;
   • harm, abuse, harass, stalk, threaten or otherwise offend others;
   • establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, internet site or other means of distribution; or
3. upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
   • is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
   • contains, promotes, or provides information about unlawful activities or conduct (or is reasonably likely to do so);
   • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
   • exploits another person in any manner (or is reasonably likely to do so);
   • contains nudity, excessive violence, or sexual acts or references; or large amounts of untargeted, unwanted or repetitive content; or restricted or password only access pages, or hidden content; or viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or financial, tax, legal, medical, engineering, mechanical, industrial, chemical or other professional advice
   • includes an image or personal information of another person or persons unless you have their consent (or is reasonably likely to do so);
   • poses or creates a privacy or security risk to any person (or is reasonably likely to do so);
   • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; or
   • advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us);
4. with the assistance of any automated scripting tool or software; or
5. for any unlawful purpose.

You must not do or cause any of the following:

1. interfere with, disrupt, or create an undue burden on the Social Media Service. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Social Media Service;
2. frame or mirror any part of the Social Media Service without our prior written authorisation;
3. use code or other devices containing any reference to the Social Media Service to direct other persons to any other web page;
4. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Social Media Service or cause any other person to do so;
5. delete any attributions or legal or proprietary notices on the Social Media Service;
6. except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, use, store, reproduce, publish, alter or transmit in any form or by any means in whole or part without our prior written approval any Material from our Social Media Service; or
7. not link to the Social Media Service from any other website (or otherwise authorise any other person to link from a third party website to the Social Media Service) without our prior written consent.

If you think that the Social Media Service has been accessed or used by another user in breach of the Conditions, please email us at support@secretsaver.shell.com.au. We will use our reasonable endeavours using the information you provide to consider and/or investigate the matter however we may not necessarily contact you in response to your notice.

Intellectual Property

You do not have any right, title or interest in or to any proprietary rights relating to the Social Media Service.

The Social Media Service contains Material that is protected by copyright, trade mark and other laws.

Nothing displayed on the Social Media Service shall be construed as granting any right of use in relation to any logo, brand, indicia of origin, or trade mark displayed on the Social Media Service without the express written consent of the relevant owner.

Third party websites, advertising and activities

The Social Media Service may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the Social Media Service, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of Viva Energy's Privacy Policy.

Barcode Discounts

If Barcode discounts are offered to you through the App:

1. you must follow the steps or terms of activating or redemption of the barcode discount set out in the App;
2. to obtain a new discount barcode, you must log into the App and follow the instructions to reveal a new discount barcode using the ‘Redeem Now’ button on the ‘Discount’ screen. New discount barcodes are not refreshed instantaneously upon redemption or expiry of the previous discount barcode; new discount barcodes may be made available approximately one day after the use or expiration of a discount barcode, no earlier than 9am the following day. For clarity, only one barcode can be redeemed per day, with each day being the 24 hours from 9am AEST to 9am AEST the following day.
3. the discount is not redeemable with any other Viva Energy funded offers. For the avoidance of doubt, the App discount cannot be 'stacked' with any other Viva Energy funded discount offers;
4. any stacking of any discount with any Coles promotions expressed as redeemable or claimable at a Shell Coles Express service station will be subject to Coles Express terms and conditions;
5. redemption of the discount will require you to place the barcode displayed on the App underneath the customer facing barcode reader or show to cashier in-store. The discount offer will automatically be applied to the purchase where it is accepted. The discount can only be redeemed using a smartphone or tablet screen with internet connection and access to the offer email whilst in-store at the participating Shell branded service station – you are solely responsible for ensuring that you have the relevant equipment and services to access to the internet and App whilst in-store;
6. You must only use your tablet or mobile device safely in-store and correctly redeem the discount
7. the participating Shell branded service station reserves the right to refuse processing the offer on the basis of irresponsible mobile or other device use on the forecourt;
8. limit of 150 litres per vehicle per User. The discount is valid for all Shell fuels (excluding LPG and AdBlue). The discount is not valid for Fleet Card, Shell Card, Motorpass or Motorcharge transactions;
9. any discount is not exchangeable or transferable or redeemable for cash.

Risk & Liability

You register with, access, download and/or use the Social Media Service at your sole risk.

All information, advice provided or Material available at or through the Social Media Service is intended to be general in nature and you should not rely on it in connection with the making of any decision. Viva Energy does not guarantee the accuracy of information available on or through the Social Media Service.

Viva Energy does not represent or warrant that any Material, file or program available for download and/or execution from or via this site is free from errors, viruses, defects or other conditions which would damage or interfere with data, hardware or software with which it might be used.

The Social Media Service may include links to external web sites or other applications. When you follow such links the external sites may appear as a full screen (in which case you will need to use the back button on your browser to return to this web site) or in some cases it may appear in a new window (in which case you will be able to return to this web site by closing the new window). Where an external site appears within the frame of our web site, this is purely for ease of navigation and does not indicate any responsibility on our part for the external site concerned, even if it is a web site owned and operated by another Viva Energy company. These links are provided in order to help you find relevant web sites, services and/or products which may be of interest to you quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these web sites are suitable for your purposes.

To the extent permitted by law, Viva Energy shall not be responsible or have any liability to you:

1. any action you may take as a result of relying on such information or advice or for any loss or damage (whether caused by negligence or otherwise) suffered by you as a result of you taking this action;
2. loss resulting from any action or decision by you in reliance on the Material on the Social Media Service, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software;
3. any other users' use of, access to or conduct in connection with the Social Media Service in any circumstance;
4. for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Social Media Services, any goods or services or these Conditions- whether suffered by you or a third party;
5. any Material uploaded, posted, transmitted or otherwise made available on the Social Media Service by any person other than us. For the avoidance of doubt we are not responsible for, nor do we endorse any Material that we have merely facilitated others to post, transmit or otherwise make available on or through the Social Media Service; or
6. for the owners or operators of external sites or applications linked through or accessed via the Social Media Service or for any goods or services they supply or for the content of their web sites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).

To the extent permitted by law:

1. we exclude all conditions and warranties relating to your use of the Social Media Service that are not expressly set out in the Conditions.
2. our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:
   1. in the case of services supplied or offered by us:
      1. the re-supply of those services; or
      2. the payment of the cost of having those services re-supplied; and
   2. in the case of goods supplied or offered by us:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of having the goods replaced; or
      4. the payment of the cost of having the goods repaired.

In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Social Media Service, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Social Media Service, including any breach by you of the Conditions.

General provisions:

1. Certain content contained on the Social Media Service is provided by Viva Energy and is protected under copyright law.
2. Viva Energy content is the intellectual property of Viva Energy or its licensors. Any copying, republication or redistribution of Viva Energy content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Viva Energy. Viva Energy shall not be liable for any errors in content, or for any actions taken in reliance thereon.
3. If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
4. No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
5. By using the Social Media Service, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
6. These Conditions shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria Courts to determine any matter or dispute which arises under the Conditions.

Privacy Policy

The Viva Energy Privacy Policy and Conditions of Use and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Social Media Service ("Conditions") govern your use of and access to the Social Media Service.

If you choose to use any of Viva Energy's services including any Social Media Service, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect specifically under this App in addition to the Viva Energy Privacy Policy, is used to link with your existing subscription or Membership. Data collected is also used for providing and improving the Service. Specifically we will collate location, mobile network, device and App traffic/ session data to do the following with this personal Information:

• where users of our app reside to improve the service of our App and for marketing purposes such as paid advertising in those countries or regions (the data available to us will only show where users reside on a country and state level);
• improve the speed at which the App loads content; and
• to understand the split of devices the App is downloaded onto for personalising content to each device;
• to understand the usage of the app to create marketing content and target app users with marketing activity such as push notifications.

Save for where stated in this document and the Viva Energy Privacy Policy, we will not pass your Personal Information to anyone else, except for any successors in title to our business and suppliers that process data on our behalf both in the Australia and abroad.

Viva Energy Privacy Policy

Refer to https://www.vivaenergy.com.au/contact-us/privacy-policy