dated 24 December 2024
(a) These terms of use (Terms) constitute a binding contract between you (User or you) and On The Run Pty Ltd ACN 638 356 466 (us or we) and govern the terms on which you may access and use the OTR software and OTR App (OTR App).
(b) You may use the OTR App on the condition that you have read, understood and agree to be bound by these Terms. By installing, accessing or otherwise using the OTR App, you confirm you have read, understood and agree to these Terms, including the Annexures which set out terms of use for specific Functions.
(c) If you do not agree with or otherwise do not wish to accept the Terms, you must not install, use or access the OTR App.
2.1 Licence
Subject to your agreement to these Terms and any App Store Supplier Terms which may apply to your use of the OTR App, we grant you a non-exclusive, non-transferrable and revocable licence to access and use the OTR App on your mobile device for the purpose of using the Functions.
2.2 Restrictions
Except as expressly set out in these Terms or as permitted by law, you must
(a) not attempt to make any copy of the OTR App;
(b) not sell, transfer, rent, lease, sub-license, loan, translate, merge, adapt, vary, alter, modify or reverse engineer, the whole or any part of the OTR App nor permit the OTR App or any part of it to be combined with, or become incorporated in, any other materials or similar products;
(c) not introduce or upload anything to the OTR App that includes viruses or other malicious code;
(d) use the OTR App only for the purpose for which it has been developed and made available to you; and
(e) not modify or create copies or derivative work of the OTR App.
2.3 Acceptable Use
(a) You agree that you must only use the OTR App in accordance with:
(i) all applicable laws and regulations;
(ii) any instructions provided by us in the OTR App or via any relevant signage on OTR Sites; and
(iii) these Terms.
(b) While you are on an OTR Site, you are prohibited from using your mobile device (including the OTR App) while driving your vehicle or while pumping fuel.
(c) Without limiting the foregoing, you must not use the OTR App:
(i) to transmit threatening, obscene or offensive materials;
(ii) to damage, modify or destroy any of OTR’s or any other person’s files, data, passwords, devices or resources;
(iii) to store any other person’s personal information without their consent;
(iv) to impersonate any person or misrepresent your identity or affiliation with any person; or
(v) in any manner or for any purpose unacceptable to us (acting reasonably).
3.1 Eligibility
You must be at least 13 years of age to use the OTR App. If you are between 13 and 18 years of age, you must ensure that your parent or guardian has read and understood these Terms and consents to your use of the OTR App.
3.2 Setting up and using your OTR account
(a) To use the OTR app, you must:
(i) have a mobile device which can connect to the internet and uses software that supports the OTR App;
(ii) download the OTR App from a third party app store; and
(iii) create an Account in the OTR App by providing us with the information we request, including your name, mobile number, email address and payment option.
(b) You must ensure that all information you provide when you create your Account is accurate, up-to-date and not misleading. If your details change, please update your account information as soon as possible.
(c) We set a limit of 1 Account per User. If we become aware that you have more than 1 Account, we may suspend, merge or remove your Accounts.
(d) Upon registering your Account, we will provide you with a unique registration number. This number is used for identification purposes in a barcoded form.
(e) By creating an Account, you acknowledge and agree that:
(i) you are responsible for maintaining the confidentiality of your personal details, including your log in, password and payment information;
(ii) you will remain logged into the OTR App even after closing the OTR App (unless you manually log out prior to leaving the OTR App); and
(iii) you are fully responsible for the activities of any individual who accesses the OTR App using any mobile device which remains logged into your account (including all Orders created by such individuals).
(f) You must immediately notify us via OtrAppSupport@otr.com.au if the mobile device you use to access the OTR App is lost or stolen, there is unauthorised use of your account or password, or any other breach of security you become aware of.
3.3 How to delete your Account
(a) To delete your Account, you can:
(i) log into your account on the OTR App;
(ii) go to the settings section;
(iii) go to “My Account”;
(iv) go to “Personal Details”; and
(v) select “Delete Account”.
(b) Once you have deleted your Account, it cannot be restored. If you wish to use the OTR App again in the future, you will need to make a new Account.
(c) When you delete your account, your personal information will continue to be stored on our servers in accordance with the OTR Privacy Policy (see clause 8 below). We will delete your personal information and any information related to your activity within the OTR App when we no longer need this information for the purpose for which we collected it.
3.4 Termination
(a) We may at any time immediately terminate or suspend your access to the OTR App if you breach or we reasonably suspect you have breached these Terms, or where we reasonably suspect fraudulent, criminal, or other suspicious activity on your Account. Where suspension or termination occurs under this clause 3.4, you are not permitted to make a new account to circumvent the suspension or termination.
(b) If your account is inactive or unused for a period of 12 months, we may delete your account for data cleansing purposes after providing you with thirty [30] days written notice. We will not delete your account if your account becomes active within this thirty [30] day notice period.
3.5 Limitations
(a) The OTR App may not operate on all devices or with all carriers. We make no representation that the OTR App is compatible with your device or carrier.
(b) We do not warrant or guarantee that:
(i) the OTR App will be error free;
(ii) the OTR App will meet any requirements or be fit for any particular purpose which is not set out in these Terms; or
(iii) the OTR App will be uninterrupted or available at all times.
4.1 General
(a) You will be required to make payments through the OTR App to use certain Functions, including Scan, Pump, Save and Scan, Wash, Go and making Orders through the Menu Ordering Service. If you are using Functions, you must make payment in full via the OTR App before collecting an Order or leaving an OTR Site (as applicable).
(b) All payments made via the OTR App can be made either via credit card, bank transfer, OTR Card, Shell Card or such other payment platform adopted by us from time to time.
(c) We are required to process your payment before we can process your Order. If your payment cannot be processed, your Order will be rejected by OTR and you will be notified of this.
(d) If you repeatedly fail to make payments, you may be automatically locked out of your Account. If this occurs and you wish to re-access your Account, please contact us using the contact details under clause 11.
(e) All payments are processed by our third party payment processors and we do not receive or retain any identifiable payment details. By using the OTR App, you release us from all claims you may have in connection with such third party payment processors.
4.2 Refunds
(a) Where you have made a payment for an Order through the OTR App, and:
(i) goods and services are unavailable; or
(ii) there is a pricing or product description error in the Application;
(b) then we will either:
(i) refund you in full via your original payment method; or
(ii) provide a credit for a future purchase; or
(iii) where possible, we will offer you a suitable substitute for the goods and services that were unavailable and refund you to the value of any goods and services which could not be supplied or substituted. If you reject this substitute, we will instead provide you with a refund.
(c) Should OTR:
(i) cease to provide the OTR App; or
(ii) cease to provide the relevant Function under which you made an Order,
any Orders you have made will remain valid unless the goods or services that you have Ordered are no longer available, in which case the process under clause 4.2(a) will apply.
(d) If the Australian Consumer Law applies to the supply of any goods or services under these Terms:
(i) nothing in these Terms is intended to limit the right you may have under the Australian Consumer Law.
(ii) our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(A) to cancel your service contract with us; and
(B) to a refund for the unused portion, or to compensation for its reduced value.
(C) you are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
We may from time to time provide updates to the OTR App to fix bugs, improve the user experience or add new features (Updates). You agree to accept and install all Updates to the OTR App as we may provide from time to time. Your continued use of the OTR App constitutes your acceptance of all Updates.
(a) All intellectual property rights in the OTR App, including copyright, trade marks, designs and any other intellectual property rights in or associated with the OTR App, but excluding any data or other information on the OTR App originated by third parties, is owned or licensed by OTR.
(b) You must not do or allow any third party to do anything which may infringe, damage or endanger OTR’s intellectual property rights or the intellectual property rights of a third party.
(c) You are responsible for the content and material that you upload on or transmit through the OTR App, including its legality, reliability and appropriateness. You should only upload or post content and material that you either own, created or have the right to use and publish. You acknowledge and agree that you grant to OTR a perpetual, worldwide, royalty-free licence to use, sub-license, transfer, copy, display, store, modify or distribute any content or material that you upload or post on the OTR App.
(a) The security of User Information is important to OTR. When you enter sensitive User Information into the OTR App, we encrypt it using secure socket layer technology (SSL).
(b) No payment details entered by you are stored by OTR. To validate new card payments a small verification pre-authorisation is required. $0.01 will be deducted from your Account for the verification process. Don’t worry; we will refund it immediately.
(c) We take reasonable steps to ensure the security of our systems. We store User Information on secure cloud-based servers and our employees and the contractors who provide services relating to our information systems are obliged to respect the confidentiality of any User Information held by OTR.
(d) We endeavour to ensure that User Information is secure on our systems. However, we unable to guarantee the security of information transmitted over the internet or while stored on cloud-based servers.
(a) We collect, hold and use your personal information in accordance with our Privacy Policy available on the Website. Our Privacy Policy sets out
(i) the purposes for which your personal information is collected;
(ii) the consequences if your personal information is not provided to OTR;
(iii) the third parties to which OTR discloses your personal information;
(iv) how you may seek access or correction of your personal information;
(v) whether your personal information is likely to be disclosed to overseas entities and in which countries; and
(vi) how you can complain about a breach of OTR’s obligations in respect of your personal information and how such a complaint will be dealt with.
(b) We may use your personal information to send you information about OTR and the OTR App, including any additional services offered by OTR and marketing materials. You may opt-in and opt-out of receiving future mailings or be removed from our database by contacting OTR with the details listed in the Privacy Policy or selecting ‘unsubscribe’ in emails sent by us.
(c) If You add an OTR Card or Shell Card, you consent to the transmission of Your User Information to any Related Bodies Corporate of OTR, its agents and/or service providers for the purposes outlined in the OTR Privacy Policy.
(d) When you delete your Account, or if we need to terminate your Account, your personal information will continue to be stored on our servers in accordance with the OTR Privacy Policy. We will delete your personal information when we no longer need this information for record keeping purposes and the purpose for which we collected it (subject to any legal requirement we have to retain such personal information).
9.1 Limitation of Liability
Subject to clause 4.2(d), and to the fullest extent permitted by law:
(a) OTR’s aggregate liability to you arising out of or in connection with these Terms and the OTR App (whether under contract, in tort, under statute, or otherwise at law or in equity) is limited to an amount equal to any monies paid by you to us in the preceding 6 months;
(b) we are not liable for any indirect, incidental, special, consequential, or exemplary damages suffered or incurred by you in connection with these Terms or the OTR App; and
(c) we are not liable to you for any loss or damage you suffer or incur as a result of:
(i) your acts or omissions; and
(ii) any unauthorised access to your Account or to User Information stored in your Account (except to the extent such unauthorized access was caused by OTR’s act or omission).
9.2 Indemnities
(a) You agree to indemnify, defend, and hold harmless OTR and its related entities from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:
(i) your acts or omissions; and
(ii) your breach of these Terms.
(b) This indemnification obligation will survive the expiry or termination of these Terms.
(a) We may amend or vary these Terms at any time by notice to you. You may elect to terminate your licence to use the OTR App rather than agreeing to the updated Terms, but continued use of the OTR App after receiving notice of the amendment or variation will indicate your acceptance of the updated Terms.
(b) We may transfer our rights and obligations under these Terms to another entity. We will always tell you in writing if this happens and we will ensure that the transfer will not materially affect your rights under these Terms.
(c) Each of the clauses in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
(d) These Terms constitute the entire agreement between you and us on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.
(e) These Terms are governed by the laws of South Australia, Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of South Australia, Australia and courts competent to hear appeals from those courts.
Please direct any questions, complaints or claims regarding the OTR App to us at any of the following contact points:
Email: OTRApp@otr.com.au
Postal Mail:
General Manager Digital
270 The Parade
Kensington SA 5068 AUSTRALIA
Social Media:
www.facebook.com.au/otrconvenience
www.instagram.com/otrconvenience
12.1 Definitions
In these Terms:
Account means your user account for the OTR App;
App Store Supplier Terms means the terms of use of third party app store suppliers which may also apply to your use of the OTR App, including:
(a) iOS App Store terms of service (link); and
(b) Google Play App Store terms of service (link).
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Function means a specific function of the OTR App, including the Menu Ordering System, SPS, SWG, OTR Give and Rewards;
Menu Ordering System means the click and collect ordering system as described in Annexure A.
Order means an order made under a Function, which requires payment to be made.
OTR means On The Run Pty Ltd ACN 638 356 466.
OTR Card means a valid OTR branded card for the cashless payment of fuel and other applicable consumables.
OTR Give means the charity donation Function as described in Annexure D.
OTR Site means a location from which OTR operates its fuel and retail convenience stores.
Related Bodies Corporate has the same meaning prescribed to it in the Corporations Act 2001 (Cth).
Rewards means the rewards Function as described in Annexure E.
Shell Card means a valid Shell branded card for the cashless payment of fuel and other applicable consumables.
SPS or Scan, Pump, Save means the fuel purchasing Function as described in Annexure B.
SWG or Scan, Wash, Go means the car wash purchasing Function as described in Annexure C.
Terms means these terms and conditions of use.
User Information means any information you upload to or input into the OTR App.
You or User means any individual or entity accessing or using the OTR App for any reason.
12.2 Interpretation.
In these Terms, unless the contrary intention is expressed:
(a) other parts of speech and grammatical forms of a word or phrase defined in these Terms have a corresponding meaning;
(b) a reference to time is to Adelaide, South Australia time;
(c) a provision of these Terms may not be construed adversely to a party solely on the ground that the party (or that party’s representative) was responsible for the preparation of these Terms or the preparation or proposal of that provision;
(d) the words ‘include’, ‘including’, ‘for example’, ‘such a’ or any form of those words or similar expressions in these Terms do not limit what else is included and must be construed as if they are followed by the words ‘without limitation’, unless there is express wording to the contrary;
(e) a reference to a day is to the period of time commencing at midnight and ending 24 hours later;
(f) a reference to ‘$’, ‘A$’, ‘AUD’, ‘dollars’ or ‘Dollars’ is a reference to the lawful currency of the Commonwealth of Australia.
We provide a click and collect Function on the OTR App for ordering goods and services from participating OTR stores (Menu Ordering System).
(a) By using the Menu Ordering System, you acknowledge:
(i) all Orders are treated as your express intention to purchase the nominated goods or services for the prices displayed in the OTR app;
(ii) you are responsible for all Orders placed on your account, including any discrepancies or errors in your Order caused by you;
(iii) once you have placed an Order, you cannot cancel the Order;
(iv) OTR reserves the right to refuse service or cancel your Order in its sole discretion; and
(v) points or rewards from third party loyalty programs associated with OTR cannot be earned or combined on purchases made through the Menu Ordering System.
(b) In making the Menu Ordering System available through the OTR App, OTR:
(i) makes no warranties or representations regarding the goods and services to be provided:
(ii) does not guarantee that the items you Order will be available (as product availability may vary between stores); and
(iii) does not guarantee that the Menu Ordering System will be error-free or that any errors will be corrected.
(c) When placing an Order through the Menu Ordering System, you must:
(i) choose the OTR Site from which you will pick up your Order;
(ii) select the items you wish the purchase; and
(iii) complete the payment process in the OTR App.
(d) If we are unable to process your payment, we will not be able to fulfil your Order.
(e) Once you complete your purchase, you will receive: an Order confirmation via the OTR App and your email. This Order confirmation will contain the details of your Order, including an Order reference number and a requested collection time.
(f) If your Order contains any fresh food items, you must collect your Order within one hour of the request collection time. If you fail to pick up your Order within this timeframe, the fresh food item(s) will need to be discarded for food safety reasons. OTR will not be liable to you for any loss you suffer in any way in failing to comply with this condition.
(g) Upon arriving at the relevant OTR Site to collect your Order, you must present your mobile device showing your Order reference to an OTR team member to collect your purchase. There may be wait times for your Order collection, depending on factors such as order volumes, staffing and capacity.
The Scan Pump, Save (SPS) Function allows you to pay for fuel at the fuel pump while on a participating OTR Site. Please note that points or rewards from third party loyalty programs associated with OTR cannot be earned or combined on Fuel purchases made via the OTR App.
We may offer trade promotions from time to time by way of SPS. These trade promotions will be subject to additional terms and conditions which will be made available to you.
(a) To use SPS:
(i) follow all signage and requirements at the OTR Site;
(ii) ensure you have location services enabled and you have nominated a default payment system in the OTR App;
(iii) upon arrival at a participating OTR site, drive up to an available fuel pump and turn off the ignition of your vehicle;
(iv) when safe and lawful to do so, open the OTR App on your mobile device and navigate to the SPS Function, and use the SPS Function to scan the QR code located on the relevant fuel pump or enter the corresponding fuel pump number;
(v) put your mobile device away;
(vi) dispense fuel into your vehicle or approved fuel containers (do not use your mobile device whilst dispensing fuel into your vehicle and do not dispense any fuel while sitting in your vehicle or on a bike);
(vii) once you have dispensed all the fuel you require, hang the fuel nozzle correctly in its original position; and
(viii) we will charge you via your nominated payment platform in the OTR App.
(b) Upon successful payment of the fuel dispensed, you will receive a confirmation message (“You’re good to drive away”) and receipt in the OTR App and your email. If you do not receive confirmation or your payment is unsuccessful, you must go in-store to arrange for payment.
(c) If you scan a QR code on a pump you will be charged for any fuel Order transactions at that pump which commence within two minutes of your scan. If you incorrectly scan a QR code, the transaction will time out after two minutes.
(d) DISCLAIMER: When you use the SPS Function, is your responsibility to ensure successful payment. Once you have dispensed all the fuel you require, you must hang the fuel nozzle correctly in its original position. If you do not do this, and any person continues to dispense fuel from the pump you used, any fuel dispensed will continue to be charged to your Account, and you will be liable for full payment of all Fuel dispensed.
In the event that you do not complete a successful payment for the fuel dispensed under your Account, you will be liable for the unpaid fuel transaction. We may, at our discretion, suspend, block or terminate your access to the OTR App or to select Features. We reserve the right to initiate necessary legal proceedings against you in accordance with applicable laws to recover any unpaid fuel transactions.
The Scan. Wash. Go! (SWG) Function allows you to select and pay for a HappyWash carwash using the OTR App at participating OTR Sites. Please note that points or rewards from third party loyalty programs associated with OTR cannot be earned or combined on purchases made through the SWG Function.
Before using SWG, please familiarise yourself with HappyWash instructions which are located here.
To use SWG, you must:
(a) ensure you have location services enabled and you have nominated a default payment system in the OTR App;
(b) upon arriving at a participating OTR Site, drive up to the HappyWash autobay and park your vehicle;
(c) scan the QR Code using the OTR App or your phone’s camera to take you to the SWG Function;
(d) select your preferred wash;
(e) pay for your selected carwash using your nominated payment platform in the OTR App to receive a 6-digit PIN code;
(f) upon successful payment, you will receive a 6-digit PIN code on the OTR App;
(g) Enter the 6-digit PIN Code into the PIN Pad located at the HappyWash autobay followed by the # key; and
(h) drive in to start your carwash.
OTR donates money to charity organisations or non-for-profit partners based on the value of purchases made by users through the OTR App (OTRGive).
(a) You may choose to direct the amount donated by OTR to a particular partner by selecting an available partner to donate to through the OTRGive function of the OTR App.
(b) There is no cost to you to nominate a partner and use the OTRGive function and you will pay no additional costs or surcharges for goods or services purchased.
(c) You can choose to nominate or change the selected partner through the OTRGive function at any time by selecting a partner or to ‘Change Partner’ through the OTRGive function.
(d) Please note that we may change the partners available from time to time.
(e) You acknowledge that OTRGive is a donation by OTR and not you and that you have no right to any data, records or information relating to the donations made to the partners or any information associated with, or in connection with, OTRGive.
We may from time to time offer certain rewards and loyalty programs through the OTR App (Rewards), such as “Buy 4 Get 1 Free” rewards.
(a) Rewards may be subject to additional terms and conditions, and these will be made available at the time.
(b) By using Rewards, you acknowledge that we may change the brands and offerings available under the Rewards function, and the Rewards function itself, at any time without notice.
(c) Rewards can be earned by buying through the OTR App or by scanning eligible barcodes with the OTR App when making an instore purchase.
(d) To redeem a Reward at an OTR Site:
(i) tap the brand of the reward you wish to redeem under the Rewards function of the OTR App;
(ii) tap the offer you wish to redeem; and
(iii) press ‘Tap to Redeem’ to show the redemption code;
(iv) show the redemption code to the OTR team member who is processing your transaction.
(e) Rewards cannot be redeemed for cash and are valid for 12 months from the date they are earned.
(a) Participating in carbon offsetting through OTR Fuel Offset is voluntary, and you can opt in or opt out at any time.
(b) By participating in OTR Fuel Offset carbon offsetting, you acknowledge and accept the terms and conditions outlined below and the Terms.
(c) When opting in to OTR Fuel Offset Carbon Offsetting, you must select the percentage (%) of fuel you wish to offset, ranging from 10% to 100% of your fuel purchase at an eligible OTR site.
(d) Your selected carbon offset percentage (%) will be applied to all of your future OTR App fuel transactions, including any free tanks of Fuel received as a part of the Scan Pump Save promotion.
(e) You can modify your selected carbon offset percentage (%) at any time within the OTR App.
(f) Your carbon offset payment includes a Goods and Services Tax (GST) component that is not allocated towards the OTR Fuel Offset product.
(g) We have calculated our carbon footprint in line with the Climate Active Carbon Neutral Standard which provides best practice guidelines on how to measure and audit emissions for products. Any emission estimates within the OTR App are for reference purposes only. You must not rely solely on any estimates provided by us as an accurate record of your actual emissions.
(h) Your selected carbon offset percentage (%) will be utilised to acquire ‘Eligible Offset Units’ in accordance with the definition provided under the Climate Active Carbon Neutral Standard. We reserve the right to select the Eligible Offset Units at our full discretion. You cannot direct how your carbon offset percentage (%) contribution is allocated.
(i) We reserve the right to suspend or terminate OTR Fuel Offset at any time without prior notice to you. Any such suspension or termination will be subject to applicable legislative or regulatory controls imposed by State and Federal Governments, whether existing at present or at any time in the future.