dated 1 March 2020
1. Definitions and Miscellaneous
1.1. In these Terms:
1.1.1. “Application” means the OTR App provided by OTR;
1.1.2. “OTR” means On The Run Pty Ltd ABN 19 638 356 466;
1.1.3. “Website” means the website located at www.ontherun.com.au; and
1.1.4. “You” and “User” mean any individual or entity accessing or using the Application for any reason.
1.2. OTR provides its Application to Users to facilitate its Menu Ordering System and loyalty programs. The Application is available via the Apple App Store and Google Play Store. Subject to your compliance with these Terms, OTR grants You a limited non-exclusive, non-transferable licence to download and install a copy of the Application on a Mobile Device that You own or control and to run such copy of the Application solely for your own personal non-commercial purposes.
1.3. In order to use the Application you will need at least an Apple iPhone or an Android device that is enabled for cellular or wireless Internet connection (“Mobile Device”).
1.5. The Application may contain links to third party sites. When a User has clicked on a link to another site, they leave the Application and their use of that site is not governed by these Terms.
1.6. OTR may amend these Terms from time to time. Your use of the Application after OTR makes amendments to these Terms will oblige You to comply with and be bound by these Terms as amended.
2. Eligibility & Responsibility
2.1. You must be at least 13 years of age to use the Application.
2.2. 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 continued use of the Application pursuant to them prior to You first using the Application.
2.3. You are required to create an account with an email address and password to access the functionality offered by the Application (“Account”). There is a limit of one Account per User. You must not create (or attempt to create) more than one Account. Any one User found creating or using more than one Account will be wholly barred from using the Application.
2.4. You agree to be entirely responsible for all activities that occur in the Application under your Account. Without limiting the foregoing, You acknowledge that:
2.4.1. You are responsible for maintaining the confidentiality of Your personal details, password and payment details.
2.4.2. When You access the Application as a registered member, You may remain logged in to the Application even after closing the Application (unless You log out prior to leaving the Application).
2.4.3. You accept full responsibility for all activities on the Application while logged in, including online ordering.
2.4.4. You are fully responsible for the activities of any individual who accesses the Application (including for online ordering) using any Mobile Device which remains logged in to Your Account.
2.4.5. You will register your details with OTR before using the Application as user registration is a pre-requisite for using the Application.
2.4.6. Upon completion of registration by You OTR will provide you with a unique registration number. This number will be used for identification purposes in a barcoded form.
2.5. You are responsible for managing the confidentiality of your password. You may change your password at any time by following the instructions on the Application.
2.6. You agree to immediately notify OTR of any unauthorised use of your password or any other breach of security of which You become aware.
3. General principles of use
3.1. You are able to download the Application on any number of Mobile Devices.
3.3. You may incur charges from your mobile service to provide for downloading and using the Application. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your mobile service provider.
4. Acceptable uses
You must use the Application responsibly and within the law. It is your responsibility to:
4.1. use the Application in a manner which does not violate any applicable laws or regulations;
4.2. use the Application in compliance with the Application’s safety implementations and settings;
4.3. respect and comply with the legal protection afforded by copyright, trade mark, license rights and other laws to data accessible via the Application;
4.4. use the Application in a manner which does not interfere with or disrupt other Users, services or equipment;
4.5. refrain from acts that waste resources or prevent other Users from receiving the full benefit of the Application;
4.6. use the Application lawfully, ethically and in accordance with accepted community standards; and
4.7. ensure that you do not use the Application or your Mobile Device in the forecourt of any OTR petrol station site.
5. Unacceptable uses
5.1. You must not use the Application in any way which breaches local, state, federal or international laws or regulations. Without limiting that, You must not:
5.1.1. violate copyright, trademark or other intellectual property rights;
5.1.2. illegally store, use or distribute the Application or any text, pictures, music, barcodes, video, data, hyperlinks, displays or other content owned by or licensed to OTR;
5.1.3. transmit threatening, obscene or offensive materials;
5.1.4. commit fraud;
5.1.5. gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
5.1.6. damage, modify or destroy any of OTR’s or any other person’s files, data, passwords, devices or resources;
5.1.7. engage in misleading or deceptive on-line practices;
5.1.8. store any other User’s personal information without their prior consent;
5.1.9. impersonate any person, or misrepresent your identity or affiliation with any person; or
5.1.10. attempt to do any of these things.
6. Menu Ordering System
6.1. The Application provides a system for ordering OTR products for pick up at participating OTR sites online (“Menu Ordering System”).
6.2. The Menu Ordering System must only be used by:
6.2.1. persons over the age of 18 years; or
6.2.2. persons between the age of 13 and 18 years solely under the supervision of a parent or guardian.
6.3. Brands available to the Menu Ordering System may include C-Coffee, EAT bakery, Brumby’s bakery, Wokinabox, Moe’s Dog & Shake, OTR Supermarket, Krispy Kreme, Oporto and Subway. OTR reserves the right to change the brands and menu items available through the Menu Ordering System at any time without notice to You.
6.4. The Application menus and prices may be different from the full menu available within our quick service restaurants or OTR sites. It is your responsibility to check the Application menus and prices carefully when placing your order, as any order placed using the Application will be subject to the menu and prices shown in the Application.
6.5. It is your responsibility to ensure that your food or beverage order is consistent with your dietary requirements including any intolerances or allergies.
6.6. You agree that it is the User’s responsibility to collect the order placed by using the Application at the time and location requested by such User.
6.7. When placing a menu order on the Application, You must:
6.7.1. select the OTR site from which You want to pick up your order;
6.7.2. select the items You seek to purchase; and
6.7.3. complete the payment process shown on the Application and pay for the order in full.
6.8. If OTR is unable to process your payment, OTR will not be able to fulfil your order. OTR will not be liable to You in any way when OTR is unable to process your payment for any reason.
6.9. Once You complete your purchase, You will receive a notification containing a unique order code on the Application (if your Mobile Device settings permit delivery of notifications), together with an e-mail from OTR confirming the details of your order which will be sent to the email address registered with your Account. Once an order is confirmed, You will not be able to cancel or change it.
6.10. You acknowledge and accept that, once an order is placed it cannot be cancelled.
6.11. On arrival at the OTR site, present your Mobile Device showing your order code or receipt to an OTR team member to collect your purchase.
6.12. Each category of food product requires a minimum amount of time to prepare. The below order-to-pick-up times are estimates only, and the actual time may vary depending on existing order volumes at the OTR site fulfilling your order.
6.12.1. C Coffee – 5 minutes
6.12.2. EAT Bakery – 5 minutes
6.12.3. Brumby’s – 5 minutes
6.12.4. Wok in a Box – 5 minutes
6.12.5. Oporto – 5 minutes
6.12.6. Oporto Hot Chicken – 40 minutes
6.12.7. Moe’s Dog & Shake – 10 minutes
6.12.8. Subway – 5 minutes
6.12.9. OTR Supermarket (Shop) – 20 minutes
6.13. If your order contains any fresh food item, you must pick up your order within 1 hour of the order being accepted. If You fail to pick up your order for any reason whatsoever, OTR will discard the fresh food item(s) in it after 1 hour 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.
6.14. As product availability may vary between OTR sites, OTR does not guarantee that your order generated on the Application will be available. In the event that OTR is unable to fulfil your order (or part thereof), OTR may offer You a similar item of identical value, which You can accept or reject at your discretion. If You reject the substituted item, OTR will provide a full refund of any payment received for the item as follows:
6.14.1. in the event that: (i) a Credit Card was used to place the order, or (ii) PayPal was used to place the order and a Credit Card was the funding source for the PayPal transaction, then the User is to present the Credit Card associated with the order to receive the refund; or
6.14.2. otherwise, the refund will be made to the User’s PayPal account.
6.15. In making the Menu Ordering System available through the Application, OTR:
6.15.1. makes no warranties or representations regarding the goods and services to be provided (including availability);
6.15.2. does not guarantee that the Application and Menu Ordering System will be error-free or that any errors will be corrected; and
6.15.3. does not guarantee that the Application or Menu Ordering System will be free from viruses or other harmful components (and the User agrees to hold harmless OTR from any claim, judgement, loss, expense, liability from any virus or harm suffered by the User as a result of using the Application or the Menu Ordering System).
6.16. By using the Menu Ordering System, You:
6.16.1. acknowledge that all orders are treated as Your express intention to purchase the nominated goods or services for the prices displayed in the Application;
6.16.2. indemnify OTR from all claims, losses, judgments, liability or damage relating to a failure of the Menu Ordering System; and
6.16.3. accept that You are responsible for all orders placed on Your Account, including for any discrepancies or errors in Your order caused by You.
6.17. OTR reserves the right to refuse service, terminate Users’ access to the Menu Ordering System, remove or edit any User or Application content or cancel Users’ order/s in its sole discretion and without prior notice to the User.
6.18. You acknowledge and agree that Points or Rewards from third party loyalty programs associated with OTR cannot be earned or combined on purchases made via the Application.
7. Online Payment
7.1. All payments must be made in full by the User prior to collection. When the User places an order, OTR will charge the User and the User agrees to pay the price of the Order.
7.2. Any payment for an order must be cleared by OTR before such order will be processed by OTR. If a User’s payment cannot be processed, the User’s order will be rejected and the User will be notified of this. (If a credit card payment cannot be processed the User should contact the card issuer to try to resolve the problem, or use an alternative payment method in order to continue with the Order.)
7.3. All prices in the Application are in Australian Dollars and, if GST applies, inclusive of GST. OTR reserves the right to change or alter prices without notice to User. If User has already submitted an order at a particular price, OTR will (subject to these Terms) supply the ordered goods and services to the User at that price.
7.4. OTR may reject a User’s order in its sole discretion, including in circumstances where OTR believes that there may be a credit card fraud, or where there has been an error in the price or product description in the Application.
7.5. When using the Application for placing an order with OTR, the User can choose from two payment methods:
7.5.1. the secure gateway “NAB Transact” (for credit card transactions); or
7.6. For more information about NAB Transact and online credit card payments, please visit www.nab.com.au.
8.1. Where goods and services are unavailable or there is a pricing or product description error in the Application, and if any payment has been taken for the order, then the full payment amount will be refunded to the User’s original payment method.
8.2. If goods and services that User has ordered are not available and OTR has not provided User with a suitable substitute then OTR will provide User a refund to the value of the goods and services that were not supplied to the User.
8.3. OTR may stop making its Application (or any part of it) available without prior notice. If so, any orders that OTR has accepted will not be affected unless the goods or services that have been ordered are no longer available or OTR is prevented from supplying the goods, in which case, OTR will provide the User with reasonable notice and will refund to User all valid payments received by OTR for those goods and services.
8.4. To the fullest extent permitted by law, any liability of OTR arising under or in relation to the Application for any reason whatsoever shall be limited to the supply of a substitute good or service or resupply of a good or service, or refund of the price paid by the User in accordance with this clause 8. OTR shall in any event not be liable for any indirect, consequential or special losses suffered.
9. Intellectual property
9.1. All intellectual property in the Application, including copyright, any trademarks and any other intellectual property rights in or associated with the Application, but excluding any data or other information on the Application originated by third parties, is owned or licensed by OTR.
9.2. 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.
9.3. You are responsible for the content and material that you upload on or transmit through the Application, 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-licence, transfer, copy, display, store, modify or distribute any content or material that you upload or post on the Application.
10.1. Some functionality of the Application, including the Menu Ordering System and location based services and functionality, may require the transmission of information provided by the User including user names and passwords, e-mail addresses and information related to GPS location (“User Information”).
10.3. Certain Application services will make use of location data sent from the Mobile Device. User may turn off this functionality at any time by turning off the location services settings for the Application on the Mobile Device. By Your use of the Application, You consent to OTR and its affiliates’ / associates’ and licensees’ transmission, collection, maintenance, processing and use of User’s location data and queries to provide and improve location-based and road traffic-based products and services. User may withdraw this consent at any time by turning off the location services settings.
10.4.1. the purposes for which your personal information is collected;
10.4.2. the consequences if your personal information is not provided to OTR;
10.4.3. the third parties to which OTR discloses your personal information;
10.4.4. how You may seek access or correction of your personal information;
10.4.5. whether your personal information is likely to be disclosed to overseas entities and in which countries; and
10.4.6. 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.
10.5. You agree to allow OTR to collect personal information about You, including information that may be considered to be sensitive.
10.7. The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Mobile Device for purposes of the Application, including Online Payment, for all transactions and other activities undertaken with any OTR Coffee Card registered in the User’s name, whether authorised or unauthorised. The User agrees to immediately notify OTR of any unauthorised transactions associated with the Application including Online Payment or any other breach of security. OTR shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Mobile Device or from unauthorised or fraudulent transactions associated with the Application. The User will be responsible at all times for updating all the User information once registered on the Application to ensure all information is accurate and up to date.
10.10. You acknowledge that the User may change any information provided previously by the User by using the “Preference Centre” in the Application.
11.1. The security of User Information is important to OTR. When User enters sensitive information (such as credit card numbers) in the Application, OTR encrypts that information using secure socket layer technology (SSL). When credit card details are collected, OTR simply passes them on in order to be processed as required. OTR never permanently stores complete credit card details.
11.2. OTR takes all reasonable steps to ensure the security of our systems. Any information which we hold for You is stored on secure cloud based servers. In addition, our employees and the contractors who provide services relating to our information systems are obliged to respect the confidentiality of any personal information held by OTR. To the extent permitted by law, OTR will not be held responsible for any loss that may arise from unauthorised access to your personal information.
11.3. OTR exercises all due care to ensure that your information is secure on its systems. However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud based servers. OTR accepts no liability that may arise if any other persons obtain the information You submit to the Application.
12. No representations and warranties
12.1. To the maximum extent permitted by law, OTR does not provide any representations or warranties relating to the Application.
12.2. OTR makes no representations or warranties as to the online availability of the Application. OTR will not be responsible in any way for the availability of the Application and the services provided on the Application.
12.3. Certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon OTR which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which OTR is able to do so, the liability of OTR and its affiliates under those provisions will be limited to:
12.3.1. in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and
12.3.2. in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
13. Release from liability
13.1. To the maximum extent permitted by law:
13.1.1. You expressly agree not to hold OTR and its officers, agents, successors, assigns, representatives, advertisers or employees (collectively “OTR Personnel”) liable for any instruction, advice or services delivered which originated through the Application and You release OTR from liability for any damages, costs, actions, claims and/or controversies that have arisen or may arise, whether known or unknown therefrom; and
13.1.2. You release OTR Personnel from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute which You or anyone claiming through You may have, or might at any time have or have had against any OTR Personnel in respect of, arising out of or resulting from your download, use or attempted use of the Application.
14. OTR’s rights
14.1. You will indemnify OTR and any other party with whom OTR has a contract in relation to the Application (“other party”) against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that OTR or the other party suffers or incurs as a result of any breach of these Terms by You.
14.2. Without limiting any of OTR’s other rights, if You breach any term of these Terms, OTR will have the right to:
14.2.1. confiscate or destroy or require You to return or destroy, at your cost, all material that You have obtained from the Application;
14.2.2. require You to delete or otherwise permanently remove from any electronic device, information You have obtained from the Application, using any means reasonably necessary;
14.2.3. suspend or terminate your access to the Application; and
14.2.4. take any other action against You.
14.3. These Terms are governed by and is to be interpreted pursuant to Australian law and Users submit to the exclusive jurisdiction of Australian courts in respect of any disputes under or related to these Terms or a User’s access to or use of the Application.
15. What OTR may do to ensure that these Terms are being followed
15.1. OTR may (but is not obliged to) monitor your use of the Application to determine whether these Terms are being followed. If OTR monitors your use, OTR will safeguard your privacy unless doing so would involve OTR concealing a criminal offence or inhibit the enforcement of these Terms.
15.2. If OTR becomes concerned that your use of the Application may break the law or that You have not complied with these Terms, OTR will generally attempt to contact You before taking action.
15.3. If OTR believes that your use of the Application may break the law or that You have not complied with these Terms OTR may:
15.3.1. notify You by email;
15.3.2. suspend or terminate your access to the Application without notice; and/or
15.3.3. notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
15.4. If OTR takes action under clause 14 or this clause 15, OTR reserves the right, in its sole discretion, to delete any or all of your data, software or other content stored on OTR’s system.
16.1. Whilst OTR will make all commercially reasonable efforts to post a warning on the Application, OTR may from time to time suspend any or all of the services provided on the Application or disconnect or deny access to the Application, without notice to You during any technical failure, modification or maintenance affecting the Application.
16.2. Without notice to You, OTR may remove, amend or alter any material or data in the Application upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or otherwise in breach of a third party’s rights.
16.3. OTR will not be responsible for any interruption to or reduction or lack of performance in the Application however caused, but OTR will use commercially reasonable endeavours to maintain the performance of the Application where this is within OTR’s direct control.
16.4. OTR does not warrant that the Application will operate error-free or that the Application and its server are free from computer viruses or other harmful mechanisms.
16.5. To the maximum extent permitted by law, OTR will not be liable to You in any way for any costs, damages (including indirect or consequential damages), liabilities, claims, actions or proceedings which You may suffer or incur directly or indirectly as a result of or in connection with the Application or your use of them or any data on them.
16.6. OTR will not be responsible for any inability of Your Mobile Device to access or use the Application, or for any loss or damage to your Mobile Device resulting from Your access or use, or attempted access or use, of the Application (including downloading any associated applications for the Application).
17. Marks and Content
17.1. OTR, OTR’s “C Coffee”, “CHILL”, “EAT” and “HappyWash” brands, the OTR logo, and other OTR trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Shahin Enterprises Pty Ltd (collectively “OTR Marks”).
17.2. Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”).
17.3. The OTR Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of OTRs or the applicable trademark holder.
17.4. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by OTR or the owner of the Content.
18. Use of location information and push notifications
The Application may:
18.1. make use of your location to help You locate our OTR Stores; and/or
18.2. use push notifications for OTR to communicate directly with You through the Application.
By downloading and using the Application You acknowledge and agree to such use of your location information and push notifications. In the event that you do not wish to give, or at any time wish to withdraw, your consent to such use of your location information or push notifications, you acknowledge that it is your responsibility to stop this use by turning off the location services for the Application and/or by disabling push notifications for the Application in the Settings section of your Mobile Device.
19. Governing Law & Jurisdiction
These Terms are governed by the laws of South Australia, without regard to conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the courts of South Australia for purposes of any legal action arising out of or related to the use of the Application or these Terms.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
21. Contact OTR
Any questions, complaints or claims regarding the Application should be directed to OTR at any of the following contact points:
Postal Mail: OTR App, 270 The Parade, Kensington SA 5068, AUSTRALIA