Terms of use

Mobile app terms of use

Eureka Operations Pty Ltd ABN 78 104 811 216 

Date: 08 August 2021

1. GENERAL

1.1. The Coles Express Mobile application (Application) is provided by Eureka Operations Pty Ltd ABN 78 104 811 216 of 800 Toorak Road, Hawthorn East, Victoria 3123 (Coles) (We, Us, or Our).

1.2 You/Your means you 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; 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 and the Coles Privacy Policy, do not access this Application or create a Coles Express Customer Account.

2. YOUR SYSTEM REQUIREMENTS

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 8 (Oreo) and above.

3. CONDITIONS OF USING APPLICATION

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 written or visual content included in the Application (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 terms 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. PROPRIETARY RIGHTS

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. AVAILABILITY

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. SETTING UP YOUR COLES EXPRESS CUSTOMER ACCOUNT

6.1. You may create a Coles Express customer account by providing Us with the requested information at account creation including your name, and valid email address.

6.2. At Account creation, You will need to set up a password that is unique to You and meets Our security requirements. Passwords on the Coles Express 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 Coles Express Customer Account information provided by You and do not accept any liability for inaccuracies. You should therefore ensure that the Coles Express Customer Account 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 Coles Express Customer Account information. If You receive any email communication from Us and You have not updated your Coles Express Customer Account information or otherwise consented to this email communication, please Contact Us at 1800 061 562 (operates 8am – 11pm Monday to Friday and 9am to 9pm Saturday and Sunday);

·      We may provide marketing communications and targeted advertising to You on an ongoing basis by telephone, electronic messages (e.g. email), our 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 and Conditions applies for an indefinite period. If You do not wish to receive direct marketing information from Us, please Contact Us at 1800 061 562 (operates 8am – 11pm Monday to Friday and 9am to 9pm Saturday and Sunday);

To be able to accrue flybuys points through use of the Application, You must have linked your flybuys card with Your Coles Customer Account associated with the Application.

If You have linked Your flybuys card with the Coles Express Customer Account, You consent to:

·      You consent to Coles storing Your flybuys card number to be retrieved and presented for future purchases You may make;

·      You will earn any rewards on qualifying transactions automatically at the time You make purchases at Coles to be eligible for flybuys points;

·      You agree that it is Your responsibility for ensuring that You have entered Your flybuys number correctly and You update it as necessary;

·      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.

7. MANAGING YOUR COLES EXPRESS CUSTOMER ACCOUNT INFORMATION

You can manage Your Coles Express customer account information at any time by accessing the "Manage my Coles Express account" tab in the More screen.

You are responsible for maintaining up to date and accurate Coles Express customer account information.

Upon updating Your Account, we may send a confirmation email to Your registered email as a security measure.

8. PRODUCTS AND PRICES

8.1. Product prices are correct at time of publishing (based on your identified Coles Express store). Please see in-store for latest price information.

8.2. 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.

8.3. We may make changes to any products offered on the Application, or to the prices for any such products, at any time, without notice.

8.4 From time to time, We may make various promotional offers available to You in the Application (Promotional Offers). Your redemption of such offers may be subject to additional terms and conditions, which will be made available to you at the respective time.

9. LIMITATION OF LIABILITY

9.1. 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.

9.2. 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.

10. DISCLAIMER OF WARRANTIES

10.1. 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.

10.2. 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.

10.3. All information on the Application is subject to change without notice.

10.4. 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.

11. TERMINATION

11.1. We may terminate use of the Application at any time without notice.

11.2. Upon any termination, the rights and licenses granted to You will immediately terminate and You must cease using the Application.

12. GOVERNING LAW

12.1 The laws of the State of Victoria and the Commonwealth of Australia govern these Terms of Use.

13. PAY AT PUMP

13.1 The Application offers you the ability to pay for fuel purchases from Coles Express ‘at pump’, that is, by making payment on your credit card within the Application (Pay at Pump).

13.2 Only the following credit card payment providers will be accepted for payment via Pay at Pump: MasterCard, Visa and American Express. This list is subject to change from time to time, and without prior notice.

13.3 You may save your payment details in the Application. Any saved payment information will be treated in accordance with Our Privacy Policy.

13.4 We may pause, restrict or withdraw the Pay at Pump option at any time, in Our sole discretion and without prior notice. In the instance that You cannot access the Pay at Pump option, you must make full and unreserved payment for your fuel purchases by attending the cashier desk at the Coles Express location you have attended.

13.5 In the instance where We determine you have made an incorrect or insufficient payment, We reserve the right to require You to make an in store payment. Where applicable, We will refund to you the incorrect amount and required you to make the correct payment at the cashier desk in store.

13.6 You are required to make full and unreserved payment for your purchases within a proximity of 500 meters of the fuel pump You utilised. If You fail to make payment within 500 meters, We reserve the right to take any enforcement action We consider necessary.  

14. DEFINITIONS

In these Terms of Use:

Application means the application provided by Us relating to products and services We offer and any upgrades and other software enabling use of the Application. 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. Terms of Use mean these terms and conditions governing Your use of the Application.

Coles Express Customer Account means a registered user with a Coles Group Account.

Us or We or Our or Coles means Eureka Operations Pty Ltd (trading as Coles Express) and, where applicable, Coles Group Limited. You means the person to which the device is registered or the person authorised to use the device, upon which the Application is installed.