MyDrakes Terms and Conditions of Use:
These Terms and Conditions (Terms) apply to your use of the Drakes Supermarkets Pty Ltd (Drakes, we, us, our) myDrakes application (App).
By using the App (including providing consent to your child or ward to do so), you agree to be bound by these Terms, and if you do not agree to these Terms, then you must not use the App.
We may amend these Terms from time to time, without providing notice to you, by posting an updated version of the Terms on the App. You should regularly check these Terms for any amendments. If these Terms are amended and you continue to use the App, you agree to and must comply with the updated Terms. If you do not agree to the updated Terms, you must immediately cease using the App.
Capitalised terms used in these Terms are defined in the ‘Interpretation’ section at the end of the Terms.
Use of the App
You may only use the App if:
- you are resident in Australia; and
- you are aged 14 years or over and, if you are under 18 years of age, you have obtained your parent or guardian’s consent to use the App.
You must provide your current mobile phone number to use the App, to receive and redeem Benefits and participate in the Community Dollars program. You are only able to register and maintain one Account per mobile number.
You must provide your own internet access and Device in order to use the App. You are responsible for all internet access, data download and other network charges arising from your use of the App and you acknowledge and agree that we have no responsibility or liability for those charges.
You are responsible for the operation and maintenance of your Device and for ensuring that the App is accessible from your Device, this includes but is not limited to a responsibility to ensure the installation of a compatible operating system for the operation and use of the App on your Device.
You must promptly change any of the contact or other details you register with us. The App permits you to update the information you have previously provided through it.
Benefits may be provided by us or a third party. Any Benefits offered to App users by us or a third party may be subject to additional terms and conditions.
The nature, quantity, availability and award of Benefits are at our absolute discretion.
To redeem a Benefit you must follow the instructions provided by us. Any additional costs which may be incurred in redemption of a Benefit, such as travelling to and from a Drakes Supermarkets store, remain your responsibility.
Benefits will be subject to a validity period and you must redeem your Benefit within any stated validity period. There may be limits on the number of Benefits you can receive, or other conditions relating to the redemption of Benefits including time of day, day, availability at particular Drakes Supermarkets stores. To the extent permitted by law, the conditions relating to the redemption of Benefits are subject to change without notice.
To the extent permitted by law and subject to these Terms, we are not responsible if a Benefit is or becomes unavailable. If a Benefit or part of it becomes unavailable for a reason beyond our reasonable control, we can award a similar item of equal or greater value. Subject to law, we are not responsible for any variation in Benefits or their value.
Benefits must be taken as offered and cannot be sold, transferred, assigned or redeemed for cash. Benefits are not replaceable if lost or stolen. We accept no responsibility for any tax implications. You should seek your own financial advice.
If a third party is providing the Benefit, they are responsible for the provision of the Benefit, not us.
Benefits cannot be applied to Tobacco Products and Accessories, Gift Cards, Mobile Recharge and Lottery Products.
At the point of purchase, a game will commence in the myDrakes App when your unique ID is scanned prior to completing the transaction. If you are a winner, your myDrakes Reward will be immediately applied to your current transaction total as a form of discount on the current transaction purchase amount.
The App will only allow you the chance to win once every 24 hours.
If you choose to cancel your transaction, including in the event that you do not have sufficient funds to finalise your purchase, your myDrakes Reward will be forfeited.
We may suspend or terminate the myDrakes Rewards game at any time without notice.
myDrakes Rewards are not exchangeable and are not redeemable for cash.
Drakes Community Dollars Program
You can choose to participate in the Drakes Community Dollars Program via the App. The Community Dollars Program is governed by the additional terms and conditions available at www.drakes.com.au/community.
Participating Community Dollars Partners may be subject to change or deactivation without notice.
The myDrakes App enables you to store your transaction history in the form of digital receipts for up to 60 days.
The App enables you to digitally receive your fuel voucher that may be redeemed for a discounted fuel price from participating outlets.
The voucher code is only valid for ten (10) minutes from when “Redeem Now” is pressed. The code will expire after this time.
The live code must be presented to the console operator for redemption. Screenshots will not be accepted.
All copyright and other intellectual property rights in the App (including all trade marks appearing on the App) are owned by us and/or our licensors.
If you have your own validly issued (or validly registered) login details and password which may be used to access the App, we grant you a revocable, non-transferable, non-exclusive licence to use the App on your Device for your own purposes, and to download and print out a copy of the information available from the App for your own personal use.
You must not (and must not attempt to):
(a) except as permitted by the licence set out above, use or copy any part of the App without our prior written consent;
(b) distribute, translate, modify or tamper with, any part of the App;
(c) create derivative works of or from any part of the App;
(d) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or
(e) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
Performance of the App
We will use reasonable endeavours to generally make the App available during our normal business hours. However, the availability of the App depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee that:
(a) you will be able to use the App at any time; or
(b) your use of the App will be continuous, uninterrupted, secure or error-free.
You acknowledge and agree that the App may not be available for use from time to time, and that you may be disconnected from your use of the App at any time for any reason, including if:
(a) any network connection difficulties occur;
(b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed);
(c) you breach any of these Terms; or
(d) we decide to terminate your access to those services for any reason.
We make no guarantee as to the reliability or other performance of the App. The performance of the App depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the App and the systems that support it.
The information available through the App is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the App is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the App is current, complete and accurate before using it. Subject to the section headed ‘Consumer Guarantees’ below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this paragraph.
You must not use (or attempt to use) the App:
(a) for any commercial purposes, any unlawful or dishonest activity, or any activity prohibited by these Terms;
(b) to access, transmit, publish or communicate material which:
(i) is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;
(ii) is xenophobic, racist, abusive, harassing or hateful;
(iii) is invasive of a person’s privacy or constitutes personal abuse directed at other users;
(iv) constitutes commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation;
(v) contains a virus or other harmful code;
(vi) infringes a person’s copyright or other rights (including any other intellectual property rights); or
(vii) contains links to other sites that contain or promote the material identified in paragraphs (i) to (v) above;
(c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
(d) to transmit, publish or communicate bulk and/or unsolicited messages;
(e) in any way that may bring negative exposure or harm to us, our suppliers or other users of the App; or
(f) in any way that may cause us, our suppliers or other users of the App to incur liability to a third party.
We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms, and you must immediately comply with any such request. We may immediately terminate and block your access to the App or the services provided by the App for any reason, in our discretion.
To use the App and its features as intended, you must:
(b) grant it any other permissions and access to your Device that it requires from time to time.
If you do not grant these permissions and this access, you may be unable to use the App or some of its features.
The App uses the internet to provide services and information. By using the App, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.
We do not warrant or guarantee the security of the App. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.
Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).
Where you as a Consumer acquire goods or services under these Terms through your use of the App and those goods or services:
(a) are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services), the operation of the Consumer Guarantees cannot be, and are not in these Terms, excluded, restricted or modified; or
(b) are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option:
(i) in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and
(ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied,
and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.
You acknowledge and agree that your access to, and use of, the App is at your own risk.
To the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).
Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising from or in connection with your use of the App, including, without limitation:
(a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and
(b) any other Losses.
If you access any Confidential Information using the App, you must:
(a) keep such Confidential Information confidential;
(b) use such Confidential Information only in accordance with the Terms; and
(c) not disclose such Confidential Information to any person (other than a director, officer, employee or partner of the organisation you represent, who is obliged to keep that information confidential).
The obligations in paragraphs (a) to (c) above will continue to apply even if your access to the App is disabled, terminated, suspended or withdrawn.
If you use the App, the information that we may collect and store includes, without limitation:
- your mobile phone number;
- your name, date of birth, email address, postcode and gender;
- the type of operating system and/or other software or firmware used by your Device;
- the data you send and receive using the App, and the type and quantity of that data;
- the dates on which and times at which you use the App; and
- the IP and MAC address of your Device.
You represent and warrant to us that the personal information you provide to us is complete and accurate.
You may elect not to provide us with your name, date of birth, email address, postcode and gender, however this may restrict you ability to use the App overall, including not being able to access all Benefits.
By providing your personal information through the App, you consent to us keeping you informed about our products and services and telling you about our promotions. If you do not wish to receive any marketing or promotional materials from us, you can opt-out using the unsubscribe function provided in each direct marketing communication, or please contact us at [firstname.lastname@example.org].
Third party links
The App may contain links to other websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.
Suspension, withdrawal of or changes to the App
We reserve the right to:
(a) suspend your use of, or withdraw, the App and/or any of its features, Benefits or components; and
(b) add to, amend, remove, or disable access to, any part of the App and/or any of its features, Benefits or components,
in each case at any time and for any reason, without notice to you.
If requested by us, you must immediately:
(a) cease use of the App; and/or
(b) destroy, expunge, disable or restrict access to any information from the App that you have printed or downloaded, and any information derived or generated from that information.
We do not waive a right, power or remedy in connection with these Terms if we fails to exercise or delay in exercising the right, power or remedy.
These Terms are governed by the laws of South Australia. You submit to the non-exclusive jurisdiction of the courts of South Australia and the courts having appeal from them.
In these Terms:
- Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time;
- Benefits means services, rewards, gifts, prizes, deals, myDrakes Rewards, discount vouchers or other benefits made available to you via the App;
- Confidential Information means:
(i) the information obtained through the App; and
(ii) the identity of any user of the App,
except in each case for information which is in, or which enters, the public domain otherwise than as a consequence of a breach of these Terms;
- Consumer has the meaning given to that term by section 3 of the Australian Consumer Law;
- Device means your own internet-enabled device that is compatible with the App and has a current and working internet connection;
- Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning; and