1. Introduction
1.1. Fill Up Today owns, operates and provides the Platform. Fill Up Today also owns all domain names and web pages arising out of the Platform.
1.2. These Terms are important and govern your use of the Platform and the provision of any services to you. Please read them carefully. By accessing and using the Platform you agree to the Terms. Fill Up Today reserves the right to change the Terms at any time without notice and by using the Platform you agree to be bound by these changes. If you do not agree with the Terms you must not use the Platform.
1.3. In these Terms, you or your means person or entity registered who is a User
1.4. You must be at least 18 years of age to use the Platform. You must not access or use the Platform if you are under the age of 18.
1.5. All Authorised Persons who use the Platform warrant that they are an authorised representative of a User, and have the requisite authority to act for and on behalf of the User in relation to all matters in connection with the Platform and the Terms.
1.6. If you agree to the Terms, Fill Up Today grants you a revocable, non-exclusive, non-assignable and non-transferable licence to use the Platform under the Terms.
1.7. These Terms do not relate to your use of any product, service, process or technology described on the Platform and you are referred to the individual product warranty relevant to that particular product, service, process or technology.
2. Definitions
2.1. In these Terms, the following words and expressions have these meanings unless the context otherwise requires:
(a) Account means the account that provides access to the Platform and facilitates your use of the Platform.
(b) Authorised Person means any person who has authority to act for and on behalf of a User who is authorised to use and access the Platform on the User.
(c) Driver means the drivers of the Service Provider available to undertake Jobs, irrespective of whether they are employed by the Service Provider, agents of the Service Provider or an independent contractor of the Service Provider.
(d) Claims means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).
(e) Fill Up Today means Fill Up Today Pty Ltd (ACN 661 280 762) and its related bodies corporate.
(f) Content means any words, communications, files, data, photos, pictures, documents, audio, films, telecasts, digital works, livestreams, videos, media, designs and devices that you upload, input, store, broadcast or share through the Platform.
(g) Credentials means your username, password and other credentials in connection with your Account.
(h) Fee Schedule means the fee scheduled determined by Fill Up Today as published on Fill Up Today’s website from time to time.
(i) Job means the jobs and task a Site Manager posts on the Platform from time to time that it requires a Service Provider.
(j) Links means links or other connections to websites operated by parties other than Fill Up Today.
(k) Losses means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever.
(l) Material includes domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on the Platform.
(m) Personal Information has the meaning given by the Privacy Act.
(n) Platform means the online platform, mobile phone application and website provided by Fill Up Today for connecting Site Managers and Service Providers in respect of Jobs;
(o) Privacy Act means the Privacy Act 1988 (Cth).
(p) Sensitive Information has the meaning given by the Privacy Act.
(q) Service Provider means a User who may accept Jobs from time to time.
(r) Service Provider Fee means the fees payable by a User as set out in the Fee Schedule.
(s) Site Manager means a User who may post Jobs and select Service Providers from time to time.
(t) Subscription Fee means the fees payable by a Site Manager as set out in the Fee Schedule
(u) User means the person or entity (and their Authorised Representative) who have registered an Account and access and use the Platform.
3. Interpretation
3.1. In these Terms, unless the context otherwise requires:
(a) words importing any gender include every gender;
(b) words importing the singular number include the plural number and vice versa;
(c) words importing persons include firms, companies and corporations and vice versa;
(d) references to numbered clauses, paragraphs and schedules are references to the relevant clause or paragraph in or schedule to these Terms;
(e) reference in any schedule to these Terms to numbered paragraphs relate to the numbered paragraphs of that schedule;
(f) any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
(g) the headings to the clauses and schedules of these Terms are not to affect the interpretation;
(h) any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or by-law under that enactment; and
(i) the word ‘including’ (and related forms including ‘includes’) means ‘including without limitation’.
4. The Platform
4.1. Fill Up Today has developed the Platform and content to provide a curated marketplace that connects Site Managers with Service Providers.
4.2. Fill Up Today provides the Platform to enable Site Managers to publish Jobs and select a Service Provider.
4.3. A Site Manager may from time to time post Jobs on the Platform including an accurate description of the services required and the proposed fee, and then select an available Service Provider.
4.4. The selected Service Provider will then nominate a Driver to fulfil the Job.
4.5. The nominated Driver may accept or reject the Job. If the Job is rejected the Site Manager may then select an alternative Service Provider.
4.6. The progress of the Job may be tracked through the Platform, including the geo-location of the Driver.
4.7. Fill Up Today does not facilitate payment for Jobs. Payment and payment terms for the Jobs are to be arranged directly between the Site Manager and the Service Provider.
4.8. The Job may be subject to additional terms and conditions of the Service Provider, including any applicable cancellation policy.
4.9. You understand and agree that Fill Up Today only make available the Platform. We are not party to any agreement entered into between a Site Manager and a Service Provider and we have no control over the conduct of a Site Manager, a Service Provider or any other users of the Platform. Site Managers and Services.
5. Accounts
5.1. In order to use and access the Platform, you must register for an Account.
5.2. Only an entity with an ABN may register an Account.
5.3. A User may only operate one Account.
5.4. Fill Up Today may also change registration requirements from time to time.
5.5. In registering for an Account, you must verify your identity by supplying at least three forms of unique identification and any other information as required. This includes but is not limited to your current mobile telephone number, your email address, your surname and your date of birth, account and credit card information and verification of identity information.
5.6. You must provide Credentials when you register for an Account.
5.7. You are responsible for correctly registering for an Account and for the accuracy of any information that you enter into the Platform.
5.8. You must not provide any false, inaccurate, irrelevant, or misleading information when you register for an Account.
5.9. Should any of your information change, you must immediately update your information by signing into your Account and making the necessary updates and or changes.
5.10. Fill Up Today may cancel your Account if Fill Up Today considers that you have provided false, inaccurate, irrelevant or misleading information.
5.11. To protect your Personal Information, Sensitive Information and Health Information, Fill Up Today may restrict access to your Account until your identity can be verified.
5.12. You are entirely and solely responsible for the security of and maintaining the confidentiality of your Credentials and for all activities that occur under your Account.
5.13. You must notify Fill Up Today immediately of any unauthorised use of your Account, your Credentials, or any other breach of security.
5.14. You are responsible and liable for any person, including an Authorised Representative that uses your Account.
5.15. Fill Up Today is not liable for any Claims or Losses that you may incur in relation to someone else using your Account or Credentials.
5.16. Fill Up Today may take any action it considers necessary to ensure the safety of your Account, your Credentials and the Platform. This action may include without limitation cancelling your Account, changing your Credentials or requesting additional information to authorise activities relating to your Account or your Credentials.
5.17. You may close your Account at any time and for any reasons. If you close your Account, you can no longer use the Platform. Further, Fill Up Today may delete any data, content and Personal Information to the extent permitted or required by law.
6. Payment of Fees
6.1. Registering and creating an Account with Fill Up Today is free.
6.2. Upon registration of an Account, all Users must pay the Subscription Fee.
6.3. There is no additional charge for a Site Manager to post Jobs on the Platform or for Services Providers to review Content.
6.4. A Services Provider who’s Driver accepts a Job must pay the Service Provider Fee and Fill Up Today will ask you to provide it with information for a credit card to make payment.
6.5. You may choose to add your credit or debit card information to your Account until you change or remove such information from your Account. By submitting your payment information, you give Fill Up Today the right to share your payment information with a third-party payment processor (Payment Processor) to process payments. Fill Up Today is not responsible for errors made by the Payment Processor. In so far as it is relevant, the terms and conditions of the Payment Processor are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency.
6.6. You agree to pay, through the Payment Processor, any Service Provider Fee in accordance with the applicable payment terms and you authorise the Fill Up Today, through the Payment Processor, to charge your chosen payment provider (your Payment Method). You agree to make payment using your Payment Method.
6.7. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. Payment transactions are subject to validation checks by the financial institution, credit card issuer or other provider of your chosen Payment Method and Fill Up Today is not responsible if your card issuer declines to authorise payment for any reason.
7. Privacy Policy
7.1. The Privacy Policy is incorporated into and forms part of these Terms. Fill Up Today manages and deals with your Personal Information in accordance with the Privacy Policy as amended from time to time.
8. Intellectual property rights
8.1. Fill Up Today is the owner of all right, title and interest (including present and future copyright) in the Platform.
8.2. All Material are owned exclusively by Fill Up Today, its related bodies corporate or others who have licensed their material to Fill Up Today (unless expressly indicated otherwise).
8.3. For the avoidance of any doubt, all product and service names, design marks and slogans are the trade marks or service marks of Fill Up Today.
9. Your use of the Platform
9.1. Nothing in these Terms or the Platform will be construed as granting to you ownership of the Material or any proprietary right to the copyright, trade marks, patents or other intellectual property rights of Fill Up Today or any third party.
9.2. You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Materials except:
(a) as expressly authorised either in the Platform or these Terms; or
(b) as authorised in writing by Fill Up Today.
9.3. You may not use any trade mark or service mark appearing on this Platform without the prior written consent of Fill Up Today or the owner of the trade mark.
9.4. You must not use any spider or similar automated software or device to use or access the Platform or the Materials in any way.
9.5. You grant Fill Up Today an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Platform for the purpose of publishing material on the Platform and as otherwise may be required to provide the Fill Up Today, for the general promotion of the Fill Up Today and Platform.
10. Your responsibilities
10.1. You may only use the Platform for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms.
10.2. It is your responsibility to ensure that your use of the Platform complies with the Terms and to seek prior written permission from Fill Up Today for any uses not expressly permitted.
10.3. Fill Up Today prohibits the use of the Platform, for any of the following:
(a) transmitting or posting any Content that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another’s right of privacy;
(b) transmitting or posting any Content that is false, inaccurate or misleading or deceptive;
(c) impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(d) posting or transmitting any Content that infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy or that you do not have a right to reproduce, display or transmit or that infringes the rights of any person or entity;
(e) posting or transmitting any Content that contains a virus or corrupted data;
(f) using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Platform;
(g) attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Platform or the Materials or for the purpose of creating derivative works from the Platform; and
(h) negatively impacting any other person’s ability to access and use the Platform.
Site Manager Responsibilities
10.4. You agree to at all times:
(a) comply with these Terms and all applicable laws and regulations;
(b) only post accurate information on the Platform;
(c) ensure you are aware of any laws that apply to you in relation to any Jobs;
(d) ensure that the site for a Job is safe and complies with any work health and safety laws and regulations;
(e) comply with the terms and conditions of the agreement with the Service Provider; and
(f) hold all necessary insurances.
Service Provider and Driver Responsibilities
10.5. You agree to at all times:
(a) have the right to provide services under a Job and to work in the jurisdiction where the Job is performed. You must comply with tax and regulatory obligations in relation to any payment received for the Job;
(b) hold valid and current any licences required to undertake the Job including a valid and applicable current driver’s licence;
(c) to complete the Job in a proper workmanlike manner and to professional standard at the time and location agreed to with the Site Manager; and
(d) hold all necessary insurances.
10.6. If you contravene the Terms, Fill Up Today may revoke your licence, stop providing the Platform to you and immediately close your Account.
10.7. You agree that you contravene the Terms and are liable to Fill Up Today if you permit another person to access your Account and that person contravenes the Terms.
11. Platform availability
11.1. The Platform may be unavailable from time to time. Fill Up Today tries to make the Platform available at all times. However, occasional disruptions and outages are inevitable. The Platform may also become unavailable if Fill Up Today needs to maintain or upgrade the Platform.
11.2. Fill Up Today is not liable for any disruption, Claims or Losses that you may suffer in connection with any unavailability of the Platform.
12. Secure Data, Links and connections to other parties and other sites
12.1. Fill Up Today cannot guarantee that any data transmission is secure. Fill Up Today does not warrant and cannot ensure the security of any information the User transmits via the Platform.
12.2. The Platform may contain Links. These Links are provided for convenience only. If you use a Link to access a third party website, you do so entirely at your own risk. Fill Up Today’s inclusion of Links or other connections to third party websites does not imply that the link is safe or any endorsement of the material on them or any association with their owners or operators. Websites accessed via Links may contain advertisements by other people. These advertisements are not recommendations or endorsements by Fill Up Today and Fill Up Today is not responsible for the products and/or services being advertised.
13. Legal and Financial
13.1. In respect of any Jobs, Fill Up Today is responsible for the Platform but not the experience or services provided by the Provider.
13.2. The Material is factual information only, is not comprehensive and is for general information purposes only.
13.3. The Material is not advice and you may not rely on it as such.
13.4. The Platform is not a recommendation or endorsement of any Provider or its products, services or facilities.
13.5. Fill Up Today uses reasonable endeavours to ensure the accuracy of the Material and Platform and is not liable for any Loss arising from reliance on Material published on the Platform.
13.6. You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice that takes into account your personal objectives, financial situation and needs.
13.7. Fill Up Today is not a party to the terms between you and the Provider. The Service Provider is solely responsible any services that are the subject of a Job and you acknowledge that any agreement to relating any services to be provided is a contract solely between the Service Provider and the Site Manager and you.
14. Disclaimer, warranty exclusions and limitation of liability
14.1. You acknowledge and agree that use of the Platform is at your sole risk. To the fullest extent permitted by law, Fill Up Today makes no representation or warranty:
(a) as to the availability of any product, good, service, process or technology described on the Platform;
(b) that the functions contained in the Platform or your access to the Platform will be error-free;
(c) that any defects on the Platform or the Materials will be corrected;
(d) that any information, apparatus, product, software or process used or disclosed on the Platform or any Material accessible from the Platform will be accurate, up to date, complete or useful; or
(e) that the Platform or the server which stores and transmits the Material to you are free from viruses or any other harmful components.
14.2. To the fullest extent permitted by law, Fill Up Today its officers, employees, agents and contractors (Fill Up Today’s Group) disclaims all warranties of any kind (whether express or implied) in relation to the Platform and the Material and will not be liable for any direct or indirect damage (including special and/or consequential damage, such as loss of business, loss of profits or loss of data) which results from any use or access of, or any inability to use or access the Platform or the Material even if Fill Up Today or any other member of Fill Up Today’s Group was made aware of the possibility of such damages.
14.3. Without limitation to the foregoing, Fill Up Today’s Group acknowledges that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of the Platform which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction and in the case of Australia to the extent permitted by The Australian Consumer Law in the Competition and Consumer Act 2010 (Cth), Fill Up Today’s Group limits its liability and if any liability remains it will be limited to any one or more of the following in its sole discretion:
(a) in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
(b) in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
15. Indemnity
15.1. You indemnify Fill Up Today’s Group from and against all Claims, Losses, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms.
16. Termination
16.1. Fill Up Today may, in its sole discretion and without prior notice to you, terminate your licence to access to the Platform and the Materials if you breach these Terms.
17. Agreement
17.1. These Terms represent the entire binding agreement between you and Fill Up Today and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Fill Up Today, the Platform or the information and contents on the Platform.
18. Waivers of any obligations or right
18.1. No waiver of any obligation or right by Fill Up Today will be effective unless in writing and executed by Fill Up Today.
19. No Agency
19.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms. In particular you have no authority to bind Fill Up Today, its related entities or affiliates in any way whatsoever. Fill Up Today confirms that all Jobs that may be promoted on the Platform are provided solely by the Service Provider. To the extent permitted by law, Fill Up Today specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non-performance of such Job.
20. Applicable law
20.1. The Platform is controlled by Fill Up Today from its offices in Victoria, Australia. Fill Up Today makes no representation that the Material or the Platform is appropriate or available for use in other locations. Those who chose to access the Platform from locations outside of Australia do so at their own initiative and risk and are responsible for compliance with local laws.
20.2. These terms are governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia.
21. Severability
21.1. If any provision in these Terms is found to be invalid or unenforceable such invalidity or unenforceability will not affect the reminder of these terms and conditions which will continue in full force and effect.
