Ampol App – Terms and Conditions
1.1 These Terms and Conditions (Terms) set out the terms under which:
(a) Ampol Australia Petroleum Pty Ltd (ABN 17 000 032 128) and its related bodies corporate provide you with use of and access to our Ampol mobile application (Ampol App); and
(b) various Ampol entities provide you with services, including:
(i) AmpCharge Pty Ltd (ABN 26 661 933 599) providing access to and use of our electric vehicle charging stations, as well as a payment mechanism for such use (AmpCharge Services);
(ii) Ampol Australia Petroleum Pty Ltd providing a mechanism facilitating payment for fuel at participating Locations via the FuelPay functionality of the Ampol App (FuelPay Services). FuelPay Services are only available at participating locations and Ampol cannot guarantee that FuelPay Services will always be available at those locations; and
(iii) related services, such as location services and the use of a customer service support helpline.
1.2 You can also access some features of the services provided by Ampol Energy (Retail) Pty Ltd (ABN 21 652 913 347) (Ampol Energy) in selling energy to you at your premises (Energy Services) via Ampol App. While your use of the Ampol App, and of the relevant features of the Energy Services via the Ampol App, is governed by these Terms, these Terms do not apply to the provision of the Energy Services to you by Ampol Energy. Instead, the terms of the agreement that you agree to when you sign up to an energy plan from Ampol Energy will apply to the provision of the Energy Srvices. These terms can be found at https://energy.ampol.com.au/policies-terms-and-conditions/rates-and-contracts. You cannot purchase energy from us if you are younger than 18 years old. For clarity, the term “Services”, when used in these Terms, does not include the Energy Services.
1.3 In these Terms, when we refer to “Ampol”, “we” or “us” in the context of specific Services, we refer to the relevant Ampol entity that provides those services, as specified in clause 1.1(b) above.
1.4 These Terms:
(a) set out your and our rights, obligations and responsibilities relating to the Services and the use of the Ampol App; and
(b) if agreed by you in accordance with clause 1.5, will constitute a binding agreement between you and Ampol.
1.5 By accessing the Ampol App and/or using the Services, you agree to be bound by these Terms. If you do not agree with any of the provisions of these Terms, you must not access or use the Services.
1.6 Certain features of the Services may be subject to additional terms, which will be made available to you from time to time through the Ampol App or Ampol’s website and which you should read in conjunction with these Terms. All such additional terms will be incorporated into these Terms.
1.7 We may, but are not required to:
(a) provide updates, changes or amendments to the Ampol App or Services, as we see fit to ensure proper operation of the Ampol App and to introduce any general enhancements; and
(b) offer new services and features through, and in relation to, the Ampol App or Services, which will be subject to these Terms.
You must read these Terms fully. However, there are some specific provisions of these Terms of which we wanted to make you are aware. A summary of these provisions is set out below.
Ampol may vary these Terms from time to time. The current version of the Terms will be available on our website and through the ‘Profile’ section of the Ampol App. If you do not agree to the current version of the Terms, you should not use the Services and can terminate these Terms.
Clause 3 and clause 15.2
Ampol may disclose your personal information and other data that we may collect in connection with your use of the Ampol App and the Services (such as the amount of electricity consumed) to third parties and may use it for the purposes of analytics and direct marketing.
Subject to the applicable Laws, the Services under these Terms are provided on an “as is” and “as available” basis.
To the extent permitted by the applicable Laws, Ampol disclaims liability for any Loss that may be suffered in connection with: (a) your use of the Ampol App and the Services; (b) any information contained in the Ampol App being incorrect, incomplete or not up-to-date; or (c) loss or corruption of data submitted, uploaded or input in the Ampol App. This disclaimer does not apply to the extent the Loss is caused by Ampol’s negligent, fraudulent or unlawful act or omission.
To the extent permitted by the applicable Laws, (a) Ampol will not liable to you for any Consequential Loss, such as loss of profit or revenue; (b) in respect of any liability under the guarantees or warranties that cannot be excluded by Law, Ampol’s liability is limited (at our option) to providing you services or goods, or paying you the costs of acquiring services or goods, which are equivalent to those Services (or goods) to which that liability relates; and (c) in all other cases, Ampol’s liability to you is limited to $50,000.
You will be required to indemnify Ampol for any Loss that Ampol may suffer in connection with: (a) a breach by you of these Terms; (b) your negligence, improper use of or deliberate mistreatment of any property of Ampol, including the Charging Stations; and (c) any unauthorised use of the Ampol App on your device. However, this obligation will not apply to the extent that the Loss is caused by Ampol’s negligent, fraudulent or unlawful act or omission.
2.1 In order to access and use the Services, you must be at least 16 years of age or, if you hold an Australian Capital Territory driver’s licence – 15 years and 9 months of age.
2.2 If you are under 18 years of age but older than 16 years of age (or 15 years and 9 months of age, if you hold an Australian Capital Territory driver’s licence), you must have the permission and supervision of your parent or legal guardian to access and use the Services. By permitting you to access and use the Services, your parent or legal guardian agrees to:
(a) assume all risk, responsibility and liability that may arise under these Terms due to an act or omission by you; and
(b) provide all consents required by these Terms on your behalf.
2.3 If we request, you must provide us with evidence of the permission from your parent or legal guardian required in clause 2.2. If you fail to provide such evidence to us, we will immediately terminate your access to the Service. However, we are not required to ask you for evidence of the permission from your parent or legal guardian. If you have agreed to these Terms, we will assume that you are either:
(a) between 16 (or 15 years and 9 months, in the ACT) and 18 years of age and have obtained the required permission; or
(b) 18 years of age or older.
3 Updates to these Terms
3.1 We may, in our sole discretion, update, modify or replace any or all of these Terms from time to time by posting an updated version at this URL.
3.2 You are responsible for checking the ‘Profile’ section of the Ampol App (or such other section where these Terms are located) or our website for any changes to these Terms. Your continued access to and use of the Ampol App and the Services following the publication of any changes to these Terms will be deemed to constitute acceptance of those changes. If you do not agree to any update to these Terms, you must immediately cease accessing or using Ampol App and the Services.
4 Your Account and details
4.1 You may be required to register your account with us to access and use certain services that can be accessed via the Ampol App. When you register and activate your account you will be prompted to create a username and password. You are solely responsible for keeping such username and password secure and are responsible for all use and activity, including activity in breach of these Terms, carried out under your username.
4.2 If you become aware of any unauthorised use, or suspected unauthorised use, of your account or if the security of your account is compromised in any way, you must notify us immediately, and request cancellation or suspension of your account, by contacting us at firstname.lastname@example.org. This may be due, for example, to your mobile device being stolen or lost or your password becoming known to another person. Ampol agrees to cancel or suspend your account within 2 Business Days after receiving notice from you in accordance with this clause.
4.3 Ampol is not liable for any Loss suffered by you as a result of any unauthorised use of your account or your device, unless such loss is incurred as a direct result of Ampol’s failure to cancel or suspend your account within 2 Business Days after you have given Ampol notice in accordance with clause 4.2.
5 Payment for the Services
5.1 In consideration for us providing the Services to you (among other things), you agree to pay us all Charges for the use of Charging Stations or purchase of fuel that is initiated or attributed to you via the Ampol App. We will not charge you for access to and use of the Ampol App.
5.2 All Charges that may be shown within the Ampol App are in Australian dollars and are inclusive of GST and any other applicable taxes, unless stated otherwise.
5.3 You authorise us to use your selected Payment Method to process the payment of the Charges and any other amounts payable by you under these Terms.
5.4 If your selected Payment Method involves a debit or credit card payment, including via Apple Pay or Google Pay (Card Payment) or Ampol Card, you will be required to provide your payment details via the Ampol App.
5.5 Card Payments in connection with the use of the AmpCharge Services may be subject to a pre-authorisation hold that would allow Ampol to verify your Payment Method, as follows:
(a) before you use the Charging Station, Ampol will place a temporary pre-authorisation hold on your card until all Charges payable for the use of the Charging Station are paid;
(b) once the Charges are paid, the pre-authorisation hold will be reversed; and
(c) if the pre-authorisation hold amount is declined for any reason, then you will not be able to use the Charging Station using the selected card.
5.6 Where any payment that you make is declined or has been unsuccessful for any reason, you must use a different Payment Method. If you are using FuelPay Services, you may also pay the Charges in person at the Location. If your payment is dishonoured or reversed, we may charge you any fees we incur in connection with the dishonoured or reversed payment.
5.7 For the FuelPay Services – if your nominated Payment Method is a Visa, Mastercard or AmpolCard, you must keep your physical card with you at all times.
5.8 We reserve the right to recover the outstanding Charges and associated fees from you, either directly or indirectly through a third party and may charge you a recovery fee.
5.9 You must regularly review your Payment Method statement (such as your credit card statement) and contact us using the contact details specified in the Ampol App if you have any questions about the Charges or other fees.
5.10 If you select Apple Pay or Google Pay as your nominated Payment Method, then Apple Pay or Google Pay terms and privacy policies, respectively, will apply to your use of such Payment Methods. You acknowledge and agree that Ampol will not be liable for any loss or damage arising out of any use of Apple Pay or Google Pay by you.
6 Your Warranties and Obligations
6.1 You agree and warrant that:
(a) you will not provide any false, inaccurate or otherwise misleading information to Ampol;
(b) you will keep your payment information accurate and up-to-date; and
(c) you will comply with all applicable Laws in the performance of your obligations under these Terms and in your access to and use of the Ampol App and the Services, and will not infringe any Law or the rights of any third party.
7 Location services
7.1 Where the location services functionality has been activated for the Ampol App:
(a) you will be able to use the Ampol App to locate nearby Locations;
(b) if you are near a participating Location, the Ampol App will indicate that you may use the AmpCharge Services or FuelPay Services at that Location; and
(c) Ampol will be able to, via the Ampol App, obtain access to data about your location.
7.2 If you do not want Ampol (via the App) to access information about your location, you should de-activate the Location Services functionality by using your device settings. If you do so, the location services, the AmpCharge Services, FuelPay Services may not be available to you.
8 Terms specific to FuelPay Services
8.1 If you are within 200 metres of a participating Location, you may use the Ampol App to purchase your fuel via the FuelPay functionality of the Ampol App.
8.2 To use FuelPay, you must consent to Ampol accessing your location data by enabling location services on your mobile device. When you activate the Ampol App, you will be prompted to input the number of your fuel pump at the Location. You will then be taken to a screen summarising the kind of fuel purchased, the quantity of the fuel purchased and the total Charges for the fuel purchased (Fuel Order), and allowing you to confirm your payment. It is your responsibility to ensure that, when using FuelPay, you select the correct pump number. Ampol is not liable for any error made by you in selecting an incorrect pump.
8.3 Once you have confirmed your Fuel Order, your nominated Payment Method will be charged for your Fuel Order and Ampol will send confirmation of your Fuel Order to your nominated email address.
8.4 If your Payment Method is not approved, you will be prompted to pay for your Fuel Order in person at the relevant Location.
9 Everyday Rewards
9.1 To collect Everyday Rewards points on fuel purchases at participating Ampol locations via the Ampol App, you must successfully link your Ampol App to your Everyday Rewards account.
9.2 You acknowledge that, in using your Everyday Rewards account within the Ampol App, you are bound by the terms and conditions at Everyday Rewards at Ampol and the Everyday Rewards Program Terms and Conditions.
10 Terms specific to AmpCharge Services
10.1 Before using the Charging Stations you must input a Payment Method within the Ampol App.
10.2 Once you have input the Payment Method, you will be prompted to select the chosen connector of the Charging Station at the Location and your preferred Payment Method. You will then select ‘start charging’. Once you have ended your charging session, your nominated Payment Method will be charged automatically for the total amount due and the tax invoice will be emailed to the email address that you register with us.
10.3 You acknowledge and agree that your vehicle, the battery type and capacity and other factors beyond our control will impact the charging time. Ampol gives no guarantee or warranty regarding the amount of time required to charge your electric vehicle.
11 Safety when using Ampol App
11.1 The Ampol App is not intended to be used while driving. You must comply with the road rules and not use the Ampol App or your mobile device in any manner contrary to the road rules or any Laws.
11.2 When you are at a Location, you must comply with all safety notices and directions from Ampol personnel regarding the use of mobile devices at that Location.
12 Use of the Charging Stations
12.1 Your use of the Charging Stations must be fair, reasonable and not excessive. Ampol will monitor usage to ensure customers use the Services in this way.
12.2 In addition, you must not use the parking bay at the Charging Station for any longer than required to charge your vehicle.
12.3 You must ensure that the Charging Stations are used in a proper and safe manner and with reasonable care so as to avoid injury to any person or damage to property. Without limitation, you must:
(a) comply with all signage, safety and usage instructions displayed on the Charging Station or in the Ampol App;
(b) not deface, or tamper with, the Charging Stations;
(c) not use the Charging Stations or parking bays at which the Charging Stations are located for any purpose other than charging your vehicle;
(d) connect a charging cable to your electric vehicle and must ensure that the cable is safely plugged into your electric vehicle and connected to the Station in accordance with the manufacturer’s instructions of your electric vehicle and the relevant instructions on the Charging Station;
(e) ensure that the positioning of the cable does not create any risk to the health and safety of third parties at the Location;
(f) not use any cable that is damaged, faulty or modified in any way;
(g) promptly unplug and move your electric vehicle when the charging is complete; and
(h) not otherwise act in any manner that may impair the operation of the Charging Station or the Services.
12.4 In the event you become aware of a health and safety related concern or other issue with a Charging Station you should immediately stop using the Charging Station and promptly contact, as may be appropriate, the emergency services, our 24/7 helpline or, if you are at a Location at which a human operator is present, Ampol personnel at that Location. The contact details of our 24/7 helpline can be found within the Ampol App and on the Charging Stations.
13 Concerns and refunds
13.1 If you are not satisfied with the quality of any of the Services that were provided to you through the use of the Ampol App, you should contact us on our contact email address set out in the Ampol App within 48 hours of placing your order for the Services and provide details of your concerns. If you are requesting a refund, then to the maximum extent permitted by Law, including the Australian Consumer Law, we will assess the merits of your refund claim and will advise you of our decision within 30 days.
14 Conditions of access to, and acceptable use, of the Ampol App
14.1 You acknowledge and agree that the availability of the Ampol App is dependent on the third party from which you obtain the Ampol App (App Store). Each App Store may have its own terms and conditions which you agree to comply with, and the licence granted under clause 16 is conditional on your compliance with any such terms and conditions.
14.2 You must not, and must not permit or cause any third party to, modify, copy, distribute, transmit, display, perform, reproduce, reverse engineer, decompile, disassemble, publish, license, sell, rent, transfer, assign or otherwise commercially exploit or create derivative works from, any content, material, or software products contained within the Ampol App.
14.3 You must not, and must not cause or permit any third party to:
(a) use the Services and the Ampol App other than as expressly authorised by these Terms;
(b) interfere with or disrupt the Ampol App, its software, technology and/or the data contained within the Ampol App or networks connected to the Ampol App and in particular upload or distribute files that contain malware, viruses, malicious files or other harmful code or any other similar software or programs;
(c) use any data mining, gathering or extraction tools in connection with the Ampol App or the Services;
(d) repair or attempt to repair, a malfunction in the Ampol App or a Service. However, if you become aware of a malfunction, please notify us using the contact details provided in the Ampol App;
(e) circumvent or remove technical safeguards or usage restrictions on or in the Services, including but not limited to:
(i) attempting to gain unauthorized access to the Ampol App or the Charging Stations, or related networks or systems; or
(ii) accessing or using the Ampol App or the Charging Stations in a way intended to avoid incurring Charges;
(f) gain access to or use the Ampol App or a Charging Station in such a way that the Service deteriorates or is disrupted, or unauthorised access to the Service is enabled; or
(g) remove or obscure any proprietary notice (including any copyright, trade mark, service mark, tagline) or other notices contained in the Ampol App or on any Charging Stations.
14.4 You must not access or use the Ampol App or the Services, or provide or transmit any data or content through the Ampol App, in any way that:
(a) violates or infringes the rights of Ampol or third parties (including, without limitation, any intellectual property rights);
(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 legal rights of individuals;
(c) is false, misleading, or deceptive;
(d) violates these Terms or any policy posted in the ‘Profile’ section, or elsewhere, in the Ampol App;
(e) is detrimental to, or in violation of, Ampol’s IT systems, or a third party’s system’s or network security; or
(f) interferes with the use of the Ampol App or Services by other users.
14.5 Ampol may, at any time without prior notice, restrict, block, suspend or disable access, edit and/or remove some parts of the Ampol App, or the entire Ampol App, or Services, including any material which in Ampol’s reasonable opinion may give rise to a breach, or be in violation of these Terms or any applicable Laws, or which Ampol considers in its absolute discretion might be otherwise harmful.
15 Term and Termination
15.1 These Terms commence when you agree to them in accordance with clause 1.5 and will continue in full force and effect until terminated in accordance with the remainder of this clause 15.
15.2 You may cease using the Ampol App at any time and can terminate these Terms for any reason at any time by notifying us of your intention to terminate by emailing us at email@example.com. Ampol will disable your account for the Ampol App within 30 days of your notification.
(a) you breach any provision of these Terms;
(b) have committed fraud in connection with the Services, or if we suspect that you have committed or intend to commit such fraud;
(c) have provided false or misleading information to us;
(d) you have demonstrated (regardless of whether directly or through your actions or statements or otherwise) that you do not intend to comply with these Terms; or
(e) you fail to make any payment due under these Terms,
Ampol may immediately and without notice to you:
(f) terminate these Terms or suspend your access to all or any part of the Ampol App and/or the Services; and
(g) prevent your further access to all or any part of the Ampol App and/or the Services.
15.4 Upon termination of these Terms you must cease all use of the Ampol App and Services and Ampol reserves the right to delete or deactivate your account.
15.5 Without limiting any other provision of these Terms:
(a) any Charges and other fees that accrue, but are not paid as at the date of termination of these Terms, remain due and payable; and
(b) clauses 15.5, 16 to 20, 22.3, 23, 24 and any other clauses which should by their nature survive termination of these Terms, survive termination or expiry of these Terms for any reason whatsoever.
15.6 To the extent permitted by Law, we will not be responsible for any loss, costs, or expense you may incur in connection with us exercising our rights under this clause 15.
16 Intellectual Property Rights
16.1 Subject to your compliance with these Terms, Ampol grants you a non-transferable, non-exclusive, non-sublicensable, royalty free licence to install, view, use and access the Ampol App during the term of these Terms solely for your legitimate personal purposes (which excludes seeking to commercialise the Ampol App) and as authorised by Ampol or (where applicable) our third party licensors.
16.2 Your use of the Ampol App and the Services does not grant or transfer any rights, title or interest to you in the Ampol App or its contents, except for the licence expressly granted to you under these Terms.
16.3 You acknowledge and agree that Ampol owns or licences from third parties all rights, title and interest (including intellectual property rights) in the Ampol App and the Services, including in any improvements to the Ampol App and the Services, and including as they may incorporate any suggestions, ideas, information, comments, process descriptions or other information that you provide to Ampol from time to time (Feedback).
16.4 You may from time to time provide us with Feedback. You absolutely and unconditionally assign to Ampol all rights, title and interests (including all intellectual property rights) in and to any Feedback immediately upon creation, free of all encumbrances.
17 Third party websites and content
17.1 The Ampol App and/or Services may contain links to third party websites, such as Google Maps, services or advertisements for third parties (Third Party Content). Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, Ampol does not endorse and is not responsible for any Third Party Content and has no control over any Third Party Content.
18 Data and privacy
18.1 You acknowledge and agree that Ampol may use and/or aggregate the Data (excluding your personal information) in conjunction with other information collected or obtained by Ampol, and you agree that Ampol is permitted to disclose the Data and materials derived from that Data to any third party in its sole discretion and make full use of, commercialise and exploit the Data.
18.2 Ampol will collect your personal information in connection with the Services, including when you use the Ampol App, provide your payment details to us, and use our Charging Stations. Some examples of personal information that we will collect include your payment information, your location information, information regarding your interaction with the Ampol App (such as your device information and preferences) and the Charging Stations (such as the amount of the energy purchased and your vehicle serial number), and your contact details, if you register your account to us or reach out to us.
18.3 We will collect your personal information:
(a) to provide you with, and improve and enhance, the Services, including (where relevant, but without limitation) to find your nearest Location(s) and process payments to your nominated Payment Method;
(b) to make recommendations to you and personalise the Services;
(c) to promote and market products and services offered by Ampol, our related entities and our partners; and
19 Warranties, disclaimers and liability
19.1 The Australian Consumer Law, and other laws provide for certain conditions, consumer guarantees and rights which apply to agreements with consumers (as defined in that legislation) that cannot be excluded or limited (Non-Excludable Guarantees). Nothing in these Terms excludes or limits the operation of these Non-Excludable Guarantees.
19.2 You acknowledge and agree that, to the maximum extent permitted by Law, including the Australian Consumer Law:
(a) the Services, including the Ampol App, are made available on an “as is” and “as available” basis;
(b) Ampol makes no warranties or representations about the Services, including but not limited to warranties or representations that:
(i) any data submitted, uploaded, input into, or otherwise displayed in the Ampol App will not be lost or corrupted;
(ii) the Ampol App will be free from errors, bugs, viruses or other harmful components;
(iii) the Ampol App will operate in combination with any other hardware, software, system or data;
(iv) the Charging Stations will operate in combination with any electric vehicle.
(c) Ampol will not be liable for any Loss, property damage, personal injury or death that may arise from or in connection with:
(i) your use of the Ampol App, the Charging Stations and other Services;
(ii) the information or materials contained in the Ampol App being incorrect, incomplete or not up-to-date; or
(iii) any loss or corruption of any data submitted, uploaded or input in the Ampol App,
except to the extent that the Loss, property damage, personal injury or death was caused by a negligent, fraudulent or unlawful act or omission of Ampol or our employees, agents or contractors.
(d) Ampol will not be responsible or liable for your conduct at the Location(s);
(e) Ampol does not accept any liability for damage to your vehicle, your property, any third party or their property that may occur as a result of your failure to comply with these Terms;
(f) while Ampol uses reasonable commercial efforts to ensure the Ampol App and the Charging Stations are available and operational at all times (subject to location specific restrictions), Ampol is not under any obligation to ensure uninterrupted and continuous availability and accessibility of the Services and will not be liable to you if the Ampol App is unavailable or a Charging Station is not operational, or if your access is restricted, suspended or terminated at any time or for any period.
19.3 You agree that, to the extent permitted by Law and subject to the terms of this clause 19, our liability to you under these Terms will be limited as follows:
(a) we will not be liable for any Consequential Loss;
(b) any liability we have to you for breach of any Non-Excludable Guarantees will be limited (at our option) to providing you equivalent goods or services, or paying you the costs of acquiring goods or services which are equivalent, to those goods or services to which that breach relates; and
(c) otherwise, our liability for any Loss arising out of or in connection with these Terms or a supply of the Services under these Terms, whether for breach, in tort (including negligence) or for any other common law or statutory cause of action is, in the aggregate, limited to $50,000.
19.4 Ampol has no obligation to monitor your access to or use of the Ampol App or Services but has the right to do so for the purpose of ensuring your compliance with these Terms or to comply with applicable Law or with an order or requirement of a court or Governmental Agency.
20 Indemnity by you
20.1 You indemnify Ampol, our related entities and their personnel (Indemnified Parties) from and against any and all Loss suffered or incurred by the Indemnified Parties arising out of or in connection with:
(a) a breach by you of these Terms;
(b) your negligence, improper use of or deliberate mistreatment of any property of Ampol, including the Charging Stations, or the Services; and
(c) any unauthorised use of the Ampol App on your device,
except to the extent that the Loss was caused by a negligent, fraudulent or unlawful act or omission of Ampol or our employees, agents or contractors.
20.2 You acknowledge and agree that Ampol has been irrevocably appointed to act as sole and exclusive agent of these Indemnified Parties for the purpose of recovering (whether through court proceedings or otherwise) the Losses of the Indemnified Parties and enforcing the indemnities.
21 Events outside of our control
21.1 Ampol will not be liable or responsible for any failure to perform any of our obligations under these Terms or a delay in performance caused by an event beyond our reasonable control, such as a failure or shortage of public or private telecommunications or electricity networks or grids, civil unrest, labour shortage or dispute, instructions or requests from the government, emergency services or any other regulatory or governmental authority, weather events or natural disasters, epidemics or pandemics, or road closures.
21.2 If such an event occurs, we will endeavour to notify you, including by posting a note in the Ampol App or at our Location(s).
22.1 Entire agreement: These Terms contain the entire agreement between the parties with respect to their subject matter.
22.2 Severability: Any provision of these Terms which is prohibited or unenforceable in any jurisdiction is ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
22.3 Governing law and jurisdiction: These Terms and, to the extent permitted by law, all related matters including non-contractual matters, are governed by the laws of New South Wales and of the Commonwealth of Australia applying there. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
22.4 Assignment: You must not transfer, assign, charge, subcontract or otherwise deal with these Terms, or any of your rights or obligations arising under these Terms, without Ampol’s prior written consent. Ampol may transfer, assign, novate, charge, subcontract or otherwise deal with these Terms, or any of its rights or obligations arising under these Terms, at any time during the Term.
22.5 Waiver: If we waive a breach of these Terms by you, that waiver will not be considered to be or include a waiver of any previous or subsequent breach by you of the same or any other provision of these Terms.
23.1 The following definitions apply, unless the context requires otherwise:
Australian Consumer Law the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means a weekday on which banks are open in Sydney, New South Wales.
Charging Station equipment that is provided by Ampol and can be used to charge electric vehicles.
Charges charges for the fuel, electricity or other services that may be available through Ampol App, payable by you.
Consequential Loss (a) loss of profits, loss of revenue, loss of data, loss of or damage to reputation or goodwill, loss of business or business opportunities (including opportunities to enter into or complete arrangements with third parties), damage to credit rating; 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 entered into these Terms, as the probable result of the relevant breach.
Data means data (excluding personal information) that you input into the Ampol App, provide to Ampol or our personnel by any other means, or that is generated as a result of your use of the Services.
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 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, 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 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.
Location a site or store where FuelPay Services or AmpCharge Services are available.
Loss any claim, loss, liability, cost or expense (including legal expenses on a full indemnity basis).
Payment Method a payment method that may be made available by Ampol through the Ampol App from time to time to facilitate the payments for the Services.
Services means any or all of the FuelPay Services, AmpCharge Services, Location Services and/or the provision of Ampol App, as set out in clause 1.1.
24.1 The following rules apply unless the context requires otherwise:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural, and the converse also applies;
(c) nothing in these Terms is to be interpreted against a party solely on the ground that the party put forward these Terms or a relevant part of it;
(d) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(e) a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
(f) a reference to a clause is a reference to a clause of these Terms;
(g) a reference to an agreement or document (including a reference to these Terms) is to the agreement or document as amended, supplemented, novated or replaced, except to the extent prohibited by these Terms or that other agreement or document;
(h) a reference to a party to these Terms or another agreement or document includes the party's successors, permitted substitutes and permitted assigns (and, where applicable, the party's legal personal representatives);
(i) a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
(j) a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in visible or tangible form;
(k) a reference to conduct includes an omission, statement or undertaking, whether or not in writing;
(l) a reference to an agreement includes any undertaking, deed, agreement and legally enforceable arrangement, whether or not in writing, and a reference to a document includes an agreement (as so defined) in writing and any certificate, notice, instrument and document of any kind; and
(m) mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be included.
Updated: 7 July 2023