M’OTR CLUB

TERMS OF USE (“TERMS”) dated 23 September 2020

“M’OTR App” means the M’OTR Club App provided by On The Run Pty Ltd ABN 19 638 356 466 and its related entities or permitted assigns (“OTR”);

“OTR App” means the OTR App provided by OTR;

“OTR Terms of Use” means these Terms, OTR App Terms of Use dated
1 March 2020 and the Terms of Use for Fuel Payments with OTR App collectively and as amended from time to time;

“Store” means the specific participating site or sites specified by OTR from time to time;

“You” and “Member” means any individual who has registered as a member of the M’OTR App and accesses or uses the M’OTR App for any reason.

Preliminary

Please read these Terms carefully. By accessing or using the M’OTR App, you agree to be bound by the OTR Terms of Use and any other terms which may be incorporated by reference.

OTR provides its M’OTR Club Application Membership (Membership) to offer discounted goods and services as may be specified from time to time to you.

Subject to your compliance with the OTR Terms of Use, OTR grants you a limited non-exclusive, non-transferable licence to download and install a copy of the M’OTR App on a Mobile Device that you own or control and to run such copy of the M’OTR App solely for your own personal non-commercial purposes.

You agree that the OTR Terms of Use and OTR’s Privacy Policy will apply whenever you use the M’OTR App.

All terms of the OTR App are deemed incorporated into these Terms. All capitalised terms used but not defined in these Terms will carry the same meaning as per the current OTR App Terms of Use.

OTR may amend these Terms from time to time. Your continued use of the M’OTR App will oblige you to comply with and be bound by those amended Terms.

The OTR Terms of Use are deemed to be repeated each time you place an order via the M’OTR App, use any component of the M’OTR App or utilise the Discount.

Scope of Use

1. M’OTR App is a companion app to the OTR App.
2. The M’OTR App is restricted for use at the Store only and will not apply at any other OTR locations.

Membership application and details

3. The M’OTR App contains promotional pricing and content (Discount) which members may access and use in accordance with these Terms.
4. In order to use the M’OTR App and join the M’OTR App Membership, you will need to:
   1. have a Mobile Device and a registered account with the OTR App;
   2. use the QR code or web link available in Store or the local media where the Store is located and install the M’OTR App;
   3. use your registered OTR App account to log onto the M’OTR App;
   4. associate a valid mobile phone number;
   5. provide the details requested in the M’OTR App including payment details;
   6. link your car registration number to your M’OTR App Membership account; and
   7. pay a Membership fee of AUD $15.00 valid for every 30-days period.

Membership

5. Upon successful registration, the Discount on the M’OTR App will be visible.
6. M’OTR App Discount consists of discounted goods and services. Details for use are provided below.
7. By registering as a member and each time you place an order or use the M’OTR App in any way, you acknowledge and agree to the OTR Terms of Use.

Fuel Promotion

8. A discounted Fuel price (Fuel Discount) will be available to members on the M’OTR App.
9. The Fuel Discount may be expressed in terms of a price reduction, discount coupons, percentages, price after discount or in any other form at the sole discretion of OTR.
10. The Fuel Discount is for use at a participating Store and will be available to members across all fuel types at that participating Store.
11. List of participating Stores and the Fuel Discount for each participating Store will be shown in the M’OTR App which OTR may update from time to time.
12. The Fuel Discount and fuel prices may change or fluctuate from time to time at OTR’s sole discretion to reflect changes to prevailing market conditions or OTR’s general pricing for fuel prices.
13. OTR may amend any part of these Terms, the FAQ’s and M’OTR App content including the amount of Fuel Discount, period of use, and terms and conditions relating to use at any time in its sole discretion by notice or by uploading revised content, and the amendment will be effective immediately or on such other date specified by OTR.
14. You are responsible to check for updates and adhere to the OTR Terms of Use as updated from time to time.
15. The Fuel Discount for each Membership is limited to use for the vehicle linked to the M’OTR App only. An additional Membership will be required for each additional vehicle.
16. The Membership will entitle you to apply the Fuel Discount to a maximum amount of 200 litres of fuel per month. Additional amounts exceeding 200 litres will be charged at the then prevailing fuel prices shown at the Store.
17. The prices shown in the M’OTR App may be different at the Store. It is your responsibility to check the prices carefully when placing your order.
18. It is your responsibility to ensure that your order is consistent with the specifications and other requirements for your vehicle including manufacturer’s recommendation on fuel type and grade.
19. OTR may reject your order in its sole discretion, including where OTR believes that there may be a credit card fraud or where there has been an error in the price or description of the goods in the M’OTR App.

Happy Wash Promotion

20. OTR operates a brand of car wash services known as Happy Wash. Members will enjoy the standard The Wash & Dry service at the Store (Standard Happy Wash Offer) as part of the Membership.
21. Other Happy Wash services are available, and you may choose to upgrade to use The Deluxe or The Platinum Wash by paying the difference between your elected Happy Wash option and the Standard Happy Wash Offer.
22. The Standard Happy Wash Offer for each Membership is limited to use for the vehicle linked to the M’OTR App only. An additional Membership will be required for each vehicle.
23. Standard Happy Wash Offers may be redeemed once in every 24-hour period.
24. Standard Happy Wash Offers must be redeemed at the Store by presenting and validly scanning your M’OTR App redemption barcode at the Store. Upon verification, OTR’s employee will present you with the Happy Wash token for use at the Store only.
25. The Happy Wash token must be redeemed for use on the same day of redemption.
26. Use of the Happy Wash is subject to terms and conditions of the Happy Wash service available at the Store.
27. You are responsible to ensure that you read, understand and comply with the Happy Wash terms and conditions.
28. You bear all risk in relation to your use of any Happy Wash service at the Store.

Membership start date and Cancellation

29. Your Membership will start on the date that you register a M’OTR App account and pay the Membership fee.
30. Your Membership will automatically continue for consecutive periods of 30 days until cancelled.
31. You may cancel your Membership at any time through the M’OTR App. After cancellation, you may continue to use the M’OTR Membership benefits until the end of your current billing cycle, at which time your M’OTR account will be closed.

Fees and Payment

32. OTR uses the same payment platform for orders made via the OTR App and the M’OTR App.
33. You acknowledge and agree that your payment details provided in the OTR App will be used for orders and charges you incur through the M’OTR App and that OTR will store your payment details for the purpose of such payments.
34. The M’OTR App Membership fee is AUD $15.00 for a 30 days period, automatically deducted each month in advance until you cancel your Membership.
35. If OTR is unable to process your payment, OTR will not be able to fulfil your order or provide the Membership benefits to you.
36. OTR will not be liable to you in any way if OTR is unable to process your payment, your order or your promotional barcode for any reason.
37. All prices are in Australian Dollars and if GST applies, inclusive of GST. OTR reserves the right to change or alter prices without notice to you.

Refunds

38. Where goods or services are unavailable, or there is a pricing or goods’ description error in the M’OTR App, OTR will refund the amount paid to your original payment method, as follows:
    1. The refund will be made to the Credit Card that was used to place the order.
    2. If PayPal was the payment method used and a Credit Card was the funding source for the transaction, then you are to present the Credit Card associated with the order.
39. OTR may stop making this M’OTR App (or any part of it) available without prior notice. If the M’OTR App is no longer available, OTR will refund a proportionate amount of your Membership Fee based on the remaining days in the 30 days period that you have paid for.

Miscellaneous

40. The Discount may not be used in conjunction with any other discounts or promotions unless otherwise specified or permitted by OTR.
41. OTR may change the format, content and/or functionality of all or any part of the M’OTR App at any time.
42. Use of the M’OTR Discount and other Membership benefits is subject to availability. In making goods and services available through the M’OTR App, OTR makes no warranties or representations regarding the goods and services to be provided (including but not limited to availability or fitness for purpose).
43. OTR will not be responsible or liable for any claims, liabilities or expenses for any damage to your vehicle, damage to property or personal injury arising out of or in any way in connection with your use of any goods or services at the Store.
44. To the fullest extent permitted by law, any liability of OTR arising under or in relation to the M’OTR App shall be limited to the supply of a substitute good or service, or resupply of a good or service, or refund of the price you paid for such good or service.
45. OTR shall not be liable for any indirect, consequential or special losses suffered.
46. OTR reserves the right to decline your participation in or use of any part of the M’OTR App in OTR’s absolute discretion.
47. OTR does not guarantee that the M’OTR App (or any part of) will always be available, fault free and/or secure or that it will be free from viruses or other harmful programmes. You acknowledge that you are aware of and accept this risk including, without limitation, the risk that a third party may gain access to your M’OTR App or OTR App account which may contain personal and confidential information.