TERMS OF USE – 15 December 2017

FUEL PAYMENTS WITH OTR APP

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE FUEL PAYMENT FUNCTION OF THE OTR APP, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT MAKE USE OF THIS FUEL PAYMENT FUNCTION OF THE OTR APP.

These terms apply to participation in the Fuel Payments Function (“FP”), a service accessed through the OTR Application (“OTR App”) provided by Shahin Enterprises Pty Ltd ACN 008 150 543 (“OTR”) which is available from the Apple App Store or the Google Play Store. In order to use the OTR App you will need at least an Apple iPhone or an Android device that is enabled for cellular or wireless Internet connection and a compatible operating system (“Mobile Device”). All other capitalised terms used but not defined in these terms will carry the same meaning as per the current “Terms of Use for the OTR Mobile Application” as amended from time to time, which can be accessed at any time in the Help section of the OTR App. By participating in FP, you agree to these terms.

General

  1. The FP is open to residents of Australia and can be used at any participating OTR sites.
  2. To participate in FP, you (hereinafter referred to as “User” or “Users”) must download the OTR App and follow the prompts to register and activate a user email address to create a user account.
  3. Participating OTR sites may permit registered Users to use FP to purchase and pay for fuel at an OTR site by using the payment function available on the OTR App in accordance with these terms. This will permit Users to pay for fuel they purchased while remaining in their vehicle and without entering the OTR site.
  4. OTR reserves the right to decline participation in FP by any User, in OTR’s absolute discretion.
  5. No signing up fees will be charged by OTR for participation in FP.
  6. Users acknowledge and agree 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.
  7. Whilst at the OTR site, the User must only use their Mobile Device, including the OTR App and the FP function, while in their stationary vehicle parked on the OTR site, or while the User is inside the store located at the OTR site. The User must not use their Mobile Device at all whilst driving or outside their vehicle on the forecourt of an OTR site.

Setting up and using the FP function

  1. To participate in the FP function, the User must follow the following process:
    1. User must ensure that Bluetooth is turned on as soon as he/she arrives at an OTR site.
    2. User must ensure that he/she drives up to the fuel pump after arriving at the OTR site and ensure that he/she stops and turns off the ignition of his/her vehicle.
    3. The User must open his/her OTR App and select the FP option in the OTR App menu. This will automatically connect the Bluetooth beacon at the OTR site with the Bluetooth on the User’s Mobile Device.
    4. The User will be prompted to enter his/her PIN number. This will be requested at each FP transaction.
    5. The FP function in the OTR App will recognise the location of the OTR site at which the User of the OTR App is present at the time, and will display a keypad for the User to enter the number of the pump he/she is at.
    6. After the User has selected the pump number, he/she will be prompted to fill up his/her vehicle with the required type of fuel and to leave his/her Mobile Device inside the vehicle.
    7. The User will then be required to pick up the fuel nozzle at the relevant fuel pump number and pump the chosen fuel type into his/her vehicle.
    8. As soon as the User picks up the fuel nozzle in accordance with point (g) above, the computer system at the OTR site will alert the OTR staff to release the relevant fuel pump to allow the User to pump fuel into his/her vehicle.
    9. After the staff at the OTR site has released the relevant fuel pump for allowing the User to pump fuel into his/her vehicle, the User will pump the fuel into his/her vehicle and hang up the fuel nozzle when the User has received sufficient fuel.
    10. The computer system at the OTR site will then indicate to the staff at the OTR site that the User has completed pumping fuel into his/her vehicle and that the relevant fuel pump is ready for finalisation of the sale transaction by the User making payment for the fuel purchase.
    11. The User will then be required to get into his/her vehicle to complete fuel purchase through the OTR App by making payment though the Online Payment method as per clause 6 of the OTR Mobile App Terms and Conditions.
    12. As soon as the User has finalised the purchase and made payment for the fuel, a receipt for payment made will be shown on the OTR App and e-mailed to the User’s e-mail registered with the OTR App.
    13. In the event that a User of the OTR App fails to make payment for the fuel purchased by him/her following a transaction using the FP and drives off from the OTR site, OTR will treat such failure to make payment as a drive off and will take appropriate action in accordance with OTR’s policies and/or procedures for drive off incidents at its sites.

Security of FP function

  1. When the User sets up the FP function within the OTR App for the first time the User will be required to create a secure PIN. Each time the User uses the FP function the User must enter the PIN before proceeding with the transaction.
  2. The User is responsible for ensuring that:
  3. the User is the only person that uses the FP function;
  4. the User does not authorise anyone else to use the FP function via their Mobile Device;
  5. the User only logs onto the OTR App on one device at any time;
  6. the User’s PIN is kept secure, not disclosed to anyone else and not kept as a written or electronic record with or on his/her Mobile Device.
  7. OTR is under no obligation to check that any instruction or confirmation made through the User’s FP function within the OTR App is from the User and OTR is not liable under any circumstances for any loss or damage arising from the User’s failure to keep his/her PIN secure.
  8. OTR will not be responsible or liable for any unauthorised transactions made by anyone using the FP function from the User’s OTR App including but not limited to the following reason(s):
  9. User’s Mobile Device being lost or stolen;
  10. User’s PIN becoming known or likely to become known by another person; and/or
  11. unauthorised access to the User’s FP function within the OTR App.
  12. OTR may enforce or implement any security measures it deems appropriate for the FP function within the OTR App, and may update and add security measures to the FP function within the OTR App, at its discretion at any time.
  13. Security of the FP function is important to OTR. However, OTR does not guarantee that the FP function in the OTR App will always be available, fault free and/or secure or that it will be virus free from viruses or other harmful programmes. The User is deemed to have acknowledged that the User is aware of, and accepts, this risk including, without limitation, the risk that a third party may gain access to a User’s OTR App account which may contain personal and confidential information.

 

Autopay

  1. Autopay is available to Users after they complete their first transaction using the FP function.
  2. Autopay means the automatic payment of the fuel transaction via the OTR App when the fuel nozzle is returned to the pump.
  3. Autopay charges the default payment method in the OTR App.
  4. Autopay is not available for use with PayPal.
  5. Autopay can be managed via the User’s “My Account” screen in the OTR App.

 

Additional payment options and availability of FP function

  1. OTR may add to and/or amend the available payment options from time to time by changing the payment options for the FP function in the OTR App and / or by updating these terms. If the User uses an alternative payment method available for the FP function, the User agrees to any additional purchaser terms and conditions that OTR notifies the User.
  2. FP function uses the location services provided by a User’s Mobile Device’s native operating system for the purposes of determining the OTR site where the User is located. To use FP, a User must consent to OTR accessing information about the User’s current location by enabling location services through the permission system used by the User’s Mobile Device’s native operating system. Confirmation of the User’s location at an OTR site is a necessary component of the security measures for FP function. At some OTR sites, the FP function will also require that a User confirms the specific OTR site where the User is located.
  3. FP function is not available at non-OTR sites and OTR does not guarantee that FP function will always be available at OTR sites.
  4. Users may use the FP function to request to purchase and authorise payment for fuel from OTR from a specified pump that the User identifies as the pump that the User intends to take his/her fuel from (“Selected Pump”). Approval of the User’s request by OTR is at OTR’s discretion. A User’s request will lapse if fuel does not commence being dispensed from the Selected Pump within a “time out period” that starts when the User sees the ‘Ready to Pump’ screen and ends at a time determined by OTR from time to time (“time out period”).
  5. A User may cancel his/her request for any reason up until fuel begins to be dispensed at the User’s Selected Pump (for example, if the User becomes aware that the User has identified the incorrect pump for his/her vehicle).
  6. IMPORTANT: It is the User’s responsibility to ensure that when the User uses FP function, the User selects the correct pump number for the pump that he/she intends to take his/her fuel from. If the Selected Pump is not the pump User took his/her fuel from, the following applies:
  7. if any person (other than the User) starts pumping fuel from the Selected Pump during the time out period, any fuel dispensed will be charged by OTR to the User, as per normal purchase of fuel transaction; and
  8. any fuel dispensed to the User’s vehicle will not be charged to the User’s FP function and accordingly the User will not have paid for, and will remain liable for, the fuel. The User will need to go in-store to pay for the fuel the User has purchased.
  9. IMPORTANT: It is the User’s responsibility to ensure that, when the User uses FP function, the hose of the User’s Selected Pump has been hung up correctly after fuelling is complete. A User will know the Selected Pump has been hung up correctly when he/she sees the screen displaying ‘Thanks for choosing OTR Fuel. Have a nice day.. If the User does not see this screen, the User will need to re-hang the hose until this screen appears. If the Selected Pump has not been hung up correctly and any person continues to pump fuel from the User’s Selected Pump, any fuel dispensed will be charged by OTR to the FP function linked to the User’s OTR App in accordance with these terms.
  10. OTR is not required to reverse any charges arising as a result of:
  11. the User entering an incorrect pump number for the Selected Pump when using FP function; or
  12. the User’s Selected Pump not being hung up correctly after fuelling is complete.
  13. All Users agree that they will not use the FP function, the OTR App or any Mobile Device:
  14. if the User is refuelling a motorbike;
  15. if the User is under 16 years of age; and/or
  16. if the User is filling a non-approved container.
  17. While present at any OTR site, Users must comply with the OTR site safety rules and regulations at all times during the use of FP function, the OTR App and/or any Mobile Device.

 

Changes to the FP function / OTR APP

  1. OTR may change the format, content and/or functionality of all or any part of the FP function at any time.
  2. Updates to the FP function within the OTR App may be issued from time to time. Depending on the update, a User may not be able to use all or part of the OTR App until the User has downloaded the latest version of the OTR App and accepted any new terms applicable.
  3. IMPORTANT: Users acknowledge and agree that these terms relating to the FP function are in addition to the Terms of Use for the OTR Mobile Application and that by using the FP function of the OTR App, the Users consent to and shall be bound by the current Terms of Use for the OTR Mobile Application as amended from time to time.