Coles Group Limited ABN 11 004 089 936
Date: 30 September 2021
1.1. The Coles mobile application (Application) is provided by Coles Group Limited ABN 11 004 089 936 of 800 Toorak Road, Hawthorn East, Victoria 3123 (Coles, We, Us or Our). Coles and its related bodies corporate (as defined in the Corporations Act 2001 (Cth) are together, the Coles Group.
1.2. You/Your means you as the individual and any person acting as your agent, under your authority, or with Your permission.
1.3 By installing the Application, You agree to be bound by these Terms of Use and the Coles Privacy Policy. You must not do anything with this Application which is not expressly permitted by these Terms of Use.
1.4 We may at any time for any reason: (i) modify or withdraw the Application; (ii) modify, suspend or terminate operation of or access to the Application; (iii) change any policies or terms (including these Terms of Use); and (iv) interrupt operation of the Application; and (v) upgrade the Application for fixes, and to add support for new functions or services.
1.5 You must check these Terms of Use for any changes. Your continued use of the Application following any changes will mean that You accept and agree to any changes We may make. If You do not agree with the Terms and Conditions, do not access this Application or create a Coles Customer Account.
1.6 In these Terms of Use, Content means all copyright, database rights text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, software code and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content and other intellectual property rights.
2.1. In order to use the Application, You must have internet access and a compatible mobile telephone or handheld device with the following minimum specifications: Apple iOS devices running iOS 13.0, and Android OS devices running Android OS 6.0 and above.
3.1. As long as you comply with these Terms of Use, We grant You a personal non-exclusive, non-transferable free revocable licence to use the Application for Your personal use in accordance with these Terms of Use.
3.2. Except as expressly provided in these Terms of Use, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, or used for any commercial purpose without Our prior written consent.
3.3. You will not, nor allow third parties on Your behalf to: (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create any kind of derivative works of the Application.
3.4. Additional terms and conditions may apply to product purchases or features of the Application such as terms and conditions for the sale of goods, contests, or promotions, all of which are made a part of these Terms of Use by this reference. You must comply with such other terms and conditions. If there is a conflict between the Terms of Use and the terms posted for a specific product or feature of the Application or for any service offered on or through the Application, the latter terms will prevail regarding Your use of that portion of the Application for the specific product or feature.
3.5 The terms of agreement with Your mobile network provider (Mobile Provider) apply when using the Application. You may therefore be charged fees by the Mobile Provider for network connection services while accessing the Application and any associated third party charges that may arise. You are responsible for any such fees.
3.6. If You are not the bill payer for the mobile telephone or handheld device being used to access the Application, You will be assumed to have received permission from the bill payer for using the Application.
4.1. All intellectual property rights in the Application are either owned or controlled by Coles or the third-party licensing Coles to use their Content.
5.1. We do not warrant the Application will be available at all times.
5.2. We will use reasonable efforts to make the Application available at all times, however the quality and availability of the Application may be affected by factors outside Our reasonable control such as Your internet connection or other network issues.
5.3. We do not accept any responsibility for unavailability of the Application, or any difficulty or inability to access Content or any other communication system failure which may result in the Application being unavailable.
5.4. We will not be responsible for any support or maintenance for the Application.
6.1. You may create a Coles customer account on the Application (Customer Account) by providing Us with the requested information at the time of account creation including your name, valid email address, and active store.
6.2. At the time of account creation, You will need to set up a password that is unique to You and meets Our security requirements. Passwords for Your Customer Account must be at least 8 characters in length and contain 1 number and 1 character and must not be shared. You are responsible for keeping Your password secure and notifying Us immediately of unauthorised access to or use of Your Account. We reserve the right to require You to change Your password if we believe that it is no longer secure.
6.3. Upon setting up Your password, You will receive an activation email from Us to Your email address. You must verify the login before You can proceed to set up and activate Your Account.
6.4. You acknowledge:
• We do not guarantee the Customer Account information provided by You and do not accept any liability for inaccuracies. You should therefore ensure that the information You provide is true and correct;
• We may send email communications to Your nominated email address upon setting up Your Account and at any time You update your Customer Account information. If You receive any email communication from Us and You have not updated your Customer Account information or otherwise consented to this email communication, please contact Our Customer Care Team on 1800 061 562;
• We may provide marketing communications and targeted advertising to You on an ongoing basis by telephone, electronic messages (e.g. email), digital services and other means. These communications may relate to products and services We provide and products which may be of interest to You. Unless You tell Us that You no longer wish to receive these communications, the consent You give Us by accepting these Terms of Use applies for an indefinite period. If You do not wish to receive direct marketing information from Us, please contact Us;
If You choose to save Your Flybuys card within the Application, You:
• consent to Coles storing Your Flybuys card number to be retrieved and presented for future purchases You may make;
• will earn any rewards on qualifying transactions automatically at the time You make purchases at Coles to be eligible for Flybuys points;
• agree that it is Your responsibility for ensuring that You have entered Your Flybuys number correctly and You update it as necessary;
• agree that Coles is not responsible for managing or allocating Flybuys points and that standard Flybuys terms and conditions will apply. See www.flybuys.com.au for details on which transactions qualify for Flybuys points.
You can manage Your Customer Account information at any time by accessing the "Manage my Coles account" tab in the More screen. You can change or remove your linked Flybuys account at any time.
You are responsible for maintaining up to date and accurate Customer Account information.
Upon updating Your Customer Account, we may send a confirmation email to Your registered email as a security measure.
8.1. At Coles, we respect the privacy of your personal information in our care. personal information means information which identifies you as an individual or from which you can be reasonably identified. For details on our commitment to your privacy, please refer to our Privacy Policy.
8.2. By using the Application, You agree that We will collect and use personal information and data and related information, including but not limited to your shopping lists, preferences and purchasing habits with Us, technical information about Your device, system and application software. We collect this information for a number of reasons including, to better understand your requirements and preferences, to facilitate the provision of updates, and to provide you offers that are of greater interest or benefit to You.
We may collect Your:
• Identity and contact data that You provide us including Your name, email address and active store;
• Loyalty or third-party loyalty program card numbers (e.g. Flybuys);
• Rewards and redemption history;
• Marketing communication and channel preferences;
• Transactional data, product purchases, interests, which enable us serve relevant information and recommendations based on shopping activity;
• Current or previous membership status or engagement with products and services offered across Coles Group businesses;
• Financial data or payment details;
• Location (if You have given permission) and device data to help serve relevant information about nearby stores or information applicable to Your region;
• Contact history across Coles Group businesses; and
• Usage and interaction data that collects anonymised usage behaviours when you click and interact across Coles Digital Services.
8.3. If You add your Flybuys account to the Application, you agree that Flybuys and Coles may share information about you that each party collects. You can remove your Flybuys account details from the Application at any time.
8.4 Any personal information You supply to Us as a result of Your use of the Application will be used by Us in accordance with our Privacy Policy.
8.5 You are responsible for maintaining the confidentiality of the information you hold for your Customer Account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You must immediately notify Us of any unauthorised use of Your Customer Account or password, or any other breach of security.
9.1. The Application allows You to access certain functionality available on Our website at coles.com.au and Our online shopping website at shop.coles.com.au. Access to coles.com.au will be governed by Our website terms of use which can be viewed here. If you shop online using shop.coles.com.au or via the Application, the terms and conditions of the Customer Agreement that can be viewed here will apply.
9.2. Product prices are correct at time of publishing (based on your identified Coles store) but prices are not real time. Please see in-store for latest price information.
9.3. We do not warrant that all products are available at all stores all the time. Some stores may not stock certain products, or some products may be out of stock at certain times.
9.4. We may make changes to any products offered on the Application, or to the prices for any such products, at any time, without notice. The information on the Application may be out of date, and We make no commitment to update the information on the Application.
9.5. The information and recipes contained within this Application are for general information purposes only and should not be considered professional medical advice. You should consult a doctor for any specific nutritional needs that You may have.
9.6 All Estimated totals and savings displayed in the shopping list tab reflect the regular selling prices in your selected store and should be used as a guide only. Prices may not accurately reflect all promotional savings and may vary across Coles stores or coles.com.au. Promotional prices are available each Wednesday and are valid until following Tuesday. Promotional prices may also extend beyond the advertising dates.
10.1. Except where prohibited by law, We will not be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of Your use of or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort, product liability or otherwise.
10.2. We are not liable to You for any damage or alteration to Your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
11.1. Other than those explicitly outlined or implied by law and which cannot be excluded the Application is provided "as is" and "as available" without warranty of any kind.
11.2. Other than those explicitly outlined or implied by law, we do not warrant that the Application or any Content, service or feature of the Application will be error free, or uninterrupted or that any defects will be corrected or that Your use of the Application will provide any specific results.
11.3. All information on the Application is subject to change without notice.
11.4. To the maximum extent permitted by law We disclaim all express and implied warranties with regard to the Application including accuracy, merchantability and fitness for particular purpose.
12.1. We may terminate Your use of the Application at any time without notice.
12.2. Upon any termination, the rights and licenses granted to You will immediately terminate and You must cease using the Application.
13.1 The laws of the State of Victoria and the Commonwealth of Australia govern these Terms of Use.
14.1 You must not use the Application while driving. The Application is not intended to be used while driving and this may be dangerous to You.