You are about to gain access to various on-line services that Ampol Australia Petroleum Pty Ltd ("Ampol") provides to users, including on-line ordering services and personalised account information (collectively, the "Services").
These Services are provided upon the terms and conditions set out below (as amended from time to time) ("Terms and Conditions"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, or any new services, shall be included in the definition of "Services", and shall also be subject to the Terms and Conditions.
1.1 By checking the "I have read and agree to the Terms and Conditions" check box, you are deemed to have accepted these Terms and Conditions, which will constitute a binding agreement between you and Ampol. If you do not agree with any of the provisions of these Terms, you must not use the Services and you must immediately cease accessing or using the Services. We recommend that you print or save a local copy of these Terms and Conditions for your own records.
1.2 Please note that these Terms and Conditions are subject to change from time to time. Any such amendments shall become effective upon publication at this URL. You are responsible for checking these Terms and Conditions for any changes. Your continued use of, or access to the Services following the posting of any changes to these Terms and Conditions will be deemed to constitute acceptance of those changes. If you do not agree to any update to these Terms and Conditions, you must immediately cease using and accessing the Services.
1.3 In order to access and use the Services, you must
a) be at least 18 years of age or, if you are under 18 years of age, have the permission and supervision of a parent or legal guardian;
b) possess the legal right and ability to enter into a legally binding agreement with us;
c) agree and warrant to use the Services in accordance with these Terms and Conditions; and
d) have a registered with Ampol to obtain the Access Codes.
2. Registration and Access Codes
2.1 To access the Services, you must have a registered account to receive the Access Codes. You must use the Access Codes to access the Services. In order to register for an account, you will be required to provide your full name, contact details and email address through which Ampol can contact you in relation to the Services. Once registered, you will receive your Access Codes to access the Services.
2.2 You must keep secure and protect your Access Codes and must not disclose your Access Codes to any unauthorised person.
2.3 You are fully responsible for all activities that occur under your Access Codes, including any activity in breach of these Terms carried out under your Access Codes.
2.4 You must immediately notify Ampol if you become aware of any unauthorised use of your Access Codes, or any loss or theft of any record of your Access Codes, or if you suspect that any of your Access Codes have become known to any unauthorised person or if the security of your account is compromised in any way by contacting myAmpol Support on 1300 662 669. Upon being so notified, Ampol may, at its absolute discretion, suspend your account and / or revoke your Access Code and issue a new Access Code to you.
2.5 Ampol is not liable to you in any way for any unauthorised use of your Access Codes. If any unauthorised use has resulted in an order (or orders) using your Access Codes, Ampol may not be able to cancel any order for goods and services made or refund any amount transacted to make such order.
2.6 You agree that:
a) you will not provide any false personal information to Ampol, or create an account for anyone other than yourself without that individual's and Ampol’s permission;
b) you will not create more than one account for the Services;
c) if Ampol disables your account, you will not create another one without Ampol’s permission;
d) you will keep your personal information and account information accurate and up-to-date;
e) you will not transfer your account to anyone without Ampol prior written approval; and
f) you will not share your Access Codes or let anyone else access your account or do anything else which might jeopardise the security of your account.
3. Provision of Services
3.1 Any order for a product or service placed by you through a Service is an offer by you to purchase that particular product or service for the price specified in this web site at the time you place the order or the price set out in any relevant existing agreement, arrangement or understanding between you and Ampol (or a related body corporate of Ampol) ("Existing Agreement") (as the case may be). Subject to any term in any relevant Existing Agreement to the contrary, Ampol reserves the right to accept or reject your order at its absolute discretion.
Your order is accepted when it is entered into the Ampol Administration System. Your contract with Ampol to purchase that product or service only comes into existence when your order is so accepted. Such acceptance is usually accompanied by the display of a confirmatory message (which contains the relevant order number) on your browser. However, Ampol shall not be liable to you in any way for your failure, for whatever reason, to receive such confirmatory message, and that, by itself, does not affect the formation of a binding agreement between you and Ampol.
You may verify whether your order has been accepted, by reviewing your order history on this web site.
Any contract between you and Ampol in respect of an order placed by you through the Services shall be governed by:
(a) these Terms and Conditions;
(b) the terms and conditions of any relevant Existing Agreement.
3.2 Subject to any term in any relevant Existing Agreement to the contrary, all delivery times given on this web site are indicative only. Ampol shall not be liable to you in any way for any failure to observe those indicative delivery times.
3.3 The price payable for any products ordered using the Service will be the price of those products at the time of delivery. Due to fluctuations in the price of the products between the time your order is placed and delivery, the price payable by you may differ to the price displayed on this web site at the time your order is placed. The prices displayed on this web site are GST inclusive and a Tax Invoice will be issued in respect of the products purchased by you.
3.4 Ampol may, at its absolute discretion and without prior notice, modify or discontinue, temporarily or permanently, the Services (or any part thereof) at any time. Ampol shall not be liable to you in any way for any such modification or discontinuation.
3.5 If you discover that you have made a mistake when placing an order for products or services through the Services after you have submitted it, please contact myAmpol Support on 1300 662 669, although please note that Ampol cannot guarantee that it will be able to amend your order in accordance with your instructions and additional fees may apply to process a change.
3.6 You must not:
a) access or use the whole or any part of the Services, except as expressly authorised by these Terms and Conditions, or otherwise with the prior written consent of Ampol;
b) circumvent any mechanisms in application used to access the Services intended to limit your use of, or access to, areas within or components of the Services;
c) vary, alter, modify, merge, interfere with, reverse disassemble, decompile or reverse engineer, or otherwise seek to obtain or derive the source code from, the whole or any part of the Service, except as permitted by Law;
d) solicit the Access Codes or access an account belonging to another user;
e) facilitate or encourage any violations of these Terms and Conditions; or
f) use any data mining, gathering or extraction tools in connection with the Services, without Ampol prior written consent.
3.7 You must not access or use the Services, or provide or transmit any data or content in any way that:
a) violates or infringes the rights (including, without limitation, any Intellectual Property Rights) of Ampol or third parties;
b) is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another's privacy or constitutes a breach of any other of the legal rights of individuals;
c) includes personal or identifying information about another person without that person's consent;
d) is false, misleading, or deceptive;
e) violates these Terms and Conditions or terms and conditions in relation to Ampol’s provision of the Services;
f) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or other property, or otherwise permit the unauthorised use of or access to a computer or computer network;
g) is detrimental to, or in violation of, Ampol’s systems, or a third party's systems or network security;
h) interferes with the use of the Services by other users; or
i) could damage, disable or impair the servers or networks used by the Service or other users.
3.8 Ampol may, at its absolute discretion and without prior notice, suspend terminate your Access Codes or your access to the Services for any reason, including (without limitation) for lack of use, or where Ampol believes that you have breached or will breach any of these Terms and Conditions or of any Law, or which Ampol considers in its absolute discretion may otherwise be harmful. Ampol shall not be liable to you in any way for any such suspension or termination.
3.9 You can terminate your account and Access Codes at any time for any reason by notifying us of your intention to terminate by emailing us at email@example.com. Ampol will disable your account within 3 workings days of notification.
3.10 Ampol may terminate these Terms and Conditions at any time by providing 30 days’ prior written notice of Ampol’s intention to terminate to the email address provided when you registered or as updated by you, or by other suitable means which ensures that you will be able to take notice of the termination.
3.11 Upon termination of these Terms and Conditions, you shall cease all use of the Services and Ampol reserves the right to delete or deactivate your account and all data provided by your or about you.
3.12 Without limiting any other provisions of these Terms and Conditions clauses 4, 6 and 7, and any other clauses which should by nature survive termination of these Terms and Conditions, survive termination or expiration of these Terms and Conditions for any reason whatsoever.
4. Limitation of Liability and Indemnity
4.1 Ampol will take all reasonable steps to ensure that any information that it makes available to you through a Service (including, without limitation, your personalised account details) is correct and updated regularly at the intervals Ampol specifies from time to time. Ampol shall not be liable to you in any way for any inaccuracy, error or omission in that information because of any circumstance beyond Ampol’s reasonable control, including (without limitation) failure of any communications network, ancillary equipment or the Ampol Administration System.
4.2 You acknowledge that you use the Services at your own risk. The Services are provided on an "as is" and "as available" basis. To the extent permitted by applicable law, Ampol makes no representation or warranty in respect of the provision of the Services. Without limitation, Ampol makes no representation or warranty that:
(a) the Services will satisfy your requirements; or
(b) the Services will be uninterrupted, timely, secure or error free.
To the extent permitted by applicable law, Ampol expressly disclaims all implied warranties and conditions, including (without limitation) implied warranties as to merchantability, fitness for purpose and non- infringement in relation to its provision of the Services.
4.3 Ampol shall not be liable to you in any way for:
(a) any failure of a Service to perform, in whole or in part, any function which Ampol has specified it will perform;
(b) the unavailability of a Service to you, in whole or in part, for any reason; or
(c) any delay or error in the provision of a Service because of any circumstance beyond Ampol’s reasonable control, including (without limitation) failure of any communications network, ancillary equipment or the Ampol Administration System.
4.4 You should not rely solely on the information accessed using the Services to make ordering decisions – you should make your own enquiries before forming your own opinion and taking any action based on any such information. It is your responsibility to ensure that any products or services ordered using the Services are suitable for your purposes and meet your individual requirements.
4.5. You indemnify and hold Ampol and its related entities, affiliates and its respective officers, agents and employees, harmless from and against any and all Losses (actual, special and Consequential Loss) including reasonable legal fees made by a third party or arising out of your breach of these Terms and Conditions or your breach of any laws or rights of a third party when using this website and/or the Services.
4.6 To the maximum extent permitted by Law, including the Australian Consumer Law:
a) Ampol will not be liable for any Consequential Loss; and
b) where the Services supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Ampol’s liability, for breach of any guarantee (other than liability for guarantees as to title, undisclosed securities and undisturbed possession in relation to goods supplied to you, which we cannot limit) is limited to doing one or more of the following:
(i) in the case of goods:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of having the goods repaired; and
(ii) in the case of services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again
(c) Except as provided in this clause 4, nothing in this agreement purports to exclude, restrict or modify rights which you have under the Australian Consumer Law in respect of the consumer guarantees.
5. Intellectual Property
You agree that Ampol owns or licenses from third parties all intellectual property rights (including copyright, designs, patents, trademarks and confidential information) in the material displayed on this website www.myampol.com.au and in the provision of the Services unless otherwise stated. The material may only be used for the purpose that it was provided. Nothing in these Terms and Conditions is intended to transfer such right, titles or interest in any intellectual property to you.
Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided below, you must not reproduce, adapt, distribute, store in a retrieval system, transmit, print, publish or commercialise or otherwise appropriate any part of any material on this web site, without the prior written consent of the copyright holder(s).
If you have any queries, you should contact us.
6.1 The material contained or accessed on this website contains confidential information belonging to Ampol. This information may only be used for the purpose it was provided and must not be disclosed to any third party without the prior written consent of Ampol.
6.2 Notwithstanding clause 6.1, you may disclose the Confidential Information of Ampol
a) to Ampol;
b) in enforcing these Terms and Conditions or in proceedings arising out of or in connection with these Terms and Conditions;
c) if required under a binding order of a Governmental Agency or under a procedure for discovery in any proceedings;
d) if required under Law or any administrative guideline, directive, request or policy whether or not having the force of Law
e) to your legal or provision advisors, where such persons have a need to know such information in connection with these Terms and Conditions; or
f) with prior written consent of Ampol.
8.1 You acknowledge and agree that, to the maximum extent permitted by Law, including the Australian Consumer Law:
a) the Services are made available "as is" and Ampol make no warranties or representations about the Services, including but not limited to warranties or representations that they will be accurate, current, reliable, timely, available, complete or of a certain quality, or that any data submitted, uploaded, input into, or otherwise displayed on the Service will not be lost or corrupted, or that the Services is free from defects, bugs, viruses, errors or omissions, or other harmful components, or that the Services will operate in combination with any other hardware, software, system or data;
b) except to the extent that Ampol are directly and solely responsible for such Loss, Ampol will not be liable for any direct and indirect Loss – irrespective of the manner in which it occurs – which may be suffered due to: (i) your use of the Services; (ii) any inaccessibility or unavailability of the Services; (iii) the fact that certain information or materials contained on the Service are incorrect, incomplete or not up-to-date; (iv) any loss or corruption of any data submitted, uploaded, input, or otherwise displayed on the Service by or about you; or (v) the inability of the Service to operate in combination with any other hardware, software, system or data;
c) you are solely responsible for the accuracy and currency of any information that you provide to Ampol or otherwise make available to Ampol, and that Ampol will not be liable for any Loss caused by inaccurate information;
d) while Ampol tries to ensure the Service is available twenty four (24) hours a day, Ampol is not under any obligation to do so, and Ampol will not be liable to you if the Service is unavailable, or if your access is restricted, suspended or terminated at any time or for any period. The Service may be subject to delay or downtime, and your access to the Services may be restricted to allow for repairs, maintenance or the introduction of new Services or features. Ampol will not be liable to any person or entity for loss or damage incurred by any downtimes or disruption to the Services under this clause, including due to any software or hardware operated by you or any third party;
e) while Ampol will take reasonable steps to ensure your account is secure, however cannot guarantee that it will always be available, secure, free from viruses or error-free. By using the Service you acknowledge that you acknowledge and accept this risk;
f) Ampol do not accept any liability in relation to any third party content or materials available through the Service; and
g) all warranties, representations or endorsements, express or implied, with regard to the Services, including all implied warranties of merchantability, fitness for a particular purpose, or non-infringement are excluded from these Terms and conditions.
8.2 Ampol has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of ensuring your compliance with these Terms and Conditions or to comply with applicable Law or an order or requirement of a court or Governmental Agency.
8.3 Ampol may make changes to the material the Services, products and prices described on it, at any time without notice. Where this change will materially alter the Services, Ampol will provide you with notice of such changes, where practicable.
8.4 Some features of the Service may require your device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the Services may require access through your internet network, which may result in additional charges depending on your payment plan. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.
9 Governing Law
9.1 These Terms and Conditions shall be governed by and construed in accordance with the laws in force in the State of New South Wales, Australia. You and Ampol agree to submit to the exclusive jurisdiction of the courts of that State.
1.1 In these Terms and Conditions:
"Access Codes" means the username and password that Ampol provides to you from time to time to access the Services.
"Ampol Administration System" means the computerised stock control, administration and accounting system used by Ampol to record and report on transactions made through the Services.
“Confidential Information” means all information of a confidential nature, in any form whether tangible or not and whether visible or not, disclosed or communicated by you or Ampol, or learnt or accessed by, or to which you or Ampol are exposed as a result of entering into these Terms and Conditions and includes, without limitation, any information and material concerning the contractual or commercial dealings, financial details, products or services (current or proposed) , customers, employees, internal policy, the Intellectual Property Rights of you or Ampol or dealings under these Terms and Conditions.
“Consequential Loss” means:
(a) loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, or loss of business; and
(b) any loss, not arising naturally (that is according to the usual course of things), from the relevant breach, whether or not such loss is reasonably supposed to have been in the contemplation of both parties, at the time they made these Terms and Conditions, as the probable result of the relevant breach.
"Existing Agreement" is defined in clause 3.1.
“Governmental Agency” means any government or any governmental, semi-governmental or judicial entity or authority. It also includes any self-regulatory organisation established under statute or any stock exchange.
“Intellectual Property Rights” means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software) , trade mark, service mark, design, patent, trade secret, semi-conductor or circuit layout rights, trade, business, domain or company names, moral rights, rights in Confidential Information, know how or other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
“Law” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles, requirements and determinations, mandatory codes of conduct, writs, orders, injunctions and judgments.
“Loss” means any claim, loss liability, cost or expense (including legal expenses on a full indemnity basis).