Fuel Cash Back Promotional Terms and Conditions

(Version 29 May 2023)

Aura Fuel Cash Back Offer Terms and Conditions

 

The Aura Fuel Cash Back Offer promotion

1. This promotion is offered to you by Aura Buy Invest Donate Pty Ltd (ABN 42 640 240 964) (“Aura”) 158a Canning Highway, East Fremantle WA 6158, Australia (“Aura”) through its affiliation with Viva Energy Australia Pty Ltd (ABN 46 004 610 459) Level 16/720 Bourke Street, Docklands VIC 3008, Australia, Ph: (03) 8823 4444 (“Viva Energy”). 

2. This document (“Terms and Conditions”) sets out the terms and conditions of this promotion. If you register for this promotion, or take any steps to claim, redeem or use the Offer that is part of this promotion, then you are deemed to have accepted these Terms and Conditions. You should carefully read, and make sure you understand, these Terms and Conditions before you participate in any way in this promotion. If you do not agree to these Terms and Conditions, you should not take any steps to participate in this promotion.


Time period for which the promotion runs

3. The term of this promotion is from 29 May 2023 at 12:00AM AEST to 28 May 2025 at 11:59PM AEST, unless withdrawn earlier by Viva Energy or Aura (“Offer Period”). If this promotion is going to be withdrawn, and therefore the Offer Period is going to end, before 28 May 2025, Aura will provide prior notice to Eligible Claimants who have registered for this promotion via the Aura – Buy Invest Donate App (“Aura App”) or through an email to the registered email address of those Eligible Claimants.

Who is eligible to claim the Offer

4. To be eligible to receive the Offer, an individual must:

(i) be at least 18 years old and an Australian resident;

(ii) hold a current, active and valid Aura Account with Aura;

(iii) agree to these Terms and Conditions;

(iv) have downloaded, and continue to have access on their chosen device to, the Aura App;

(v) properly register for participation in the promotion during the Offer Period, including by providing accurate details of the individual’s first name, last name, email address, mobile number, date of birth and postcode;

(vi) consent to the sharing of their personal information provided in connection with the promotion and the Offer between Viva Energy and Aura, including information provided during the registration process, a fuel cash back offer membership number and fuel transaction data generated by the use of the Offer; and

(vii) consent to receive marketing material, offers and promotions from Viva Energy with respect to Viva Energy, the Shell brand and its goods and services including those of Viva Energy’s partners,

(“Eligible Claimant”). Viva Energy reserves the right, in its sole discretion, to determine whether you are an Eligible Claimant. An individual can only register as an Eligible Claimant and participate in this promotion in their own name. Information regarding the collection of personal information and details of Aura’s and Viva Energy’s privacy policies are outlined in section 17 below.

Details of the Offer made under the promotion

5. This promotion consists of an ongoing minimum cash back of 3 cent per litre on fuel purchased in accordance with these Terms and Conditions, which will be made available to certain individuals as determined by Aura and Viva Energy, on the terms set out in these Terms and Conditions (“Offer”), subject to those individuals being or becoming Eligible Claimants (as explained in paragraph 4 above) and otherwise complying with these Terms and Conditions.

6. Viva Energy is responsible for providing an agreed payment to Aura in respect of Eligible Claimant fuel purchases that qualify for a cash back in accordance with these Terms and Conditions. Aura is responsible for distributing those payments to Eligible Claimants in accordance with the terms and conditions of Aura’s loyalty reward program, available at aura.club/terms-and-conditions (“Aura Program Terms”). As part of that distribution, and in accordance with the Aura Program Terms, Aura will donate a percentage of the payment received from Viva Energy to an Eligible Claimant’s applicable charity or club and will retain a portion as a management fee.

7. The Offer can be redeemed at Shell Coles Express service stations, as specified at https://www.shell.com.au/motorists/fuel-finder.html.

8. When redeemed at Shell Coles Express service stations, the Offer can be used in conjunction with selected offers made by Coles Express at the service station. This may include the Coles Supermarket fuel dockets and “Spend $20 get 10 cents per litre fuel discount” – subject to their terms and conditions available at https://www.coles.com.au/coles-express/terms-and-conditions.

Offer exclusions, conditions and variations

9. The Offer is subject to the following exclusions, conditions and variations:

(a) The Offer cannot be used in conjunction with any other offer made in whole or part by Viva Energy. If you present any other Viva Energy funded fuel offer for redemption from any other party (e.g. flybuys or Shell Racing Team app) at the same time as the Offer, you will not qualify for, or receive, any cash back reward.

(b) The Offer does not apply to purchases of LPG or Adblue products in any State or Territory. However such product exclusions may vary from time to time at Viva Energy’s discretion. Information about the product exclusions applying from time to time will be set out in the Aura App or the Aura website and we suggest you confirm the Offer details on the Aura App prior to your trip to a Shell service station to redeem the Offer.

(c) The amount of the fuel cash back provided under the Offer may also be changed from time to time at Viva Energy’s discretion. The applicable amount of the fuel cash back will be set out in the Aura App or Aura website and we suggest you confirm the Offer details on the Aura App prior to your trip to a Shell service station to redeem the Offer.

(d) The Offer is not exchangeable or transferable. The Offer is not valid for transactions where payment is made using Fleet Card, Shell Card, Motorpass or Motorcharge.

(e) The Offer is only available on a single purchase transaction of a minimum of 2 litres and a maximum of 150 litres of Shell fuels (excluding LPG and Adblue and any other excluded products, as referred to in subparagraph (b) above) that has been filled into one vehicle.

10. Eligible Claimants who have registered for the Offer, will be sent an email (to their registered email address) regarding changes to the Offer, including changes to product exclusions and the amount of the fuel cash back provided.

Details on how to redeem the Offer

11. To redeem the Offer, you must comply with the following redemption steps during the Offer Period:

(i) you must be an Eligible Claimant;

(ii) access and open the Aura App, navigate to the Offer via the promotional tile or menu item and follow the instructions to reveal the cash back barcode (see details of the cash back barcode in paragraph 16 below);

(iii) visit any Shell Coles Express service station in Australia (see details of participating Shell service stations in paragraph 7 above) and fill up your vehicle with a minimum of 2 litres, but no more than 150 litres, of any Shell fuel (excluding LPG and AdBlue and/or any other excluded product, as referred to in paragraph 9(b) above);

(iv) enter the Shell Coles Express service station store, and whilst in-store:

(A) have a smartphone or tablet screen with internet connection and access to the Offer on the Aura App; and

(B) navigate to your Offer cash back barcode in the Aura App and present the cash back barcode (on your smartphone or tablet screen) under the customer facing barcode reader when ready to pay for the fuel; and

(C) pay for your fuel purchase using an allowed payment method.

12. Subject to these Terms and Conditions, on successful completion of the redemption steps outlined in section 11 above:

(i) qualification for the cash back on your fuel purchase transaction will be registered automatically;

(ii) Viva Energy will make a payment to Aura in respect of your fuel purchase that has qualified for a cash back (as referred to in section 6 above); and

(iii) Aura will apply the applicable cash back reward to your Aura Account within 30 days after your qualifying purchase transaction.

13. Each Shell Coles Express service station reserves the right to refuse processing the cash back barcode on the basis of irresponsible mobile or other device use, or any dangerous or potentially unsafe or illegal behaviour, by you in or around the Shell Coles Express service station premises or failure by you to comply with the redemption steps.

14. You acknowledge that:

(i) you are solely responsible for ensuring that:

(A) your contact details (including your registered email address) are correct and up to date;

(B) if you use your tablet or smartphone to redeem the Offer, you only use that device safely in-store at Shell branded service stations and correctly scan the cash back barcode; and

(C) you are able to read and open the cash back barcode on the Aura App at the time you wish to use the cash back barcode;

(ii) no WI-FI or internet or mobile data access will be provided at the Shell Coles Express service station;

(iii) Viva Energy and Aura make no representation or claim in relation to any of the responsibilities set out in this clause 14 and that such responsibilities are outside of Viva Energy or Aura’s control; and

(iv) you are solely responsible for having the relevant equipment and services to access the Offer via mobile app in-store on a device such as smartphone and valid internet service to your device.

15. Aura and Viva Energy do not warrant that the redemption mechanisms (including, without limitation, the registration portal, the technology for barcode generation, delivery and access and the in-store barcode reader) will be available at all times during the Offer Period and there may be time periods during which use of cash back barcodes and redemption of the Offer is unavailable. Aura and Viva Energy will try and provide reasonable notice of any known technology outages that may impact redemption of the Offer. It is the responsibility of each Eligible Claimant to ensure their contact details (including email address) are correct and up to date at all times.

Availability of the cash back barcode used to claim the Offer

16. The Offer is claimed through the use of a unique, single use cash back barcode which is accessible via the Aura App. Each cash back barcode may be used only during the Offer Period and will expire once it has been used. To obtain a new cash back barcode, Eligible Claimants must open the Aura App, select the Offer promotional tile or menu item and follow the instructions to reveal a new cash back barcode. New cash back barcodes are not refreshed instantaneously upon redemption or expiry of the previous cash back barcode. New cash back barcodes may be made available approximately one day after the use or expiration of a cash back barcode, and no earlier than 9am the following day.

General terms, privacy and limitation of liability

17. On registration for the Offer, an Eligible Claimant’s personal information will be collected through the registration form in the Aura App, stored on Aura’s database and shared with Viva Energy. On redemption of the Offer, fuel transaction data regarding the Eligible Claimant will be collected by the Shell Coles Express service station operators and shared with Viva Energy and Aura. Aura and Viva Energy obtain personal information about Eligible Claimants to enable them to operate this promotion and the Offer and so Eligible Claimants can participate in this promotion. Any failure by an individual to complete all the mandatory fields when registering, will prevent them from being able to participate in this promotion. Aura and Viva Energy are bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and their privacy policies (located at: for Aura, https://aura.club/privacy-policy/; for Viva Energy, www.vivaenergy.com.au/contact-us/privacy-policy). The privacy policies contain information about how a person may seek access to and correction of their personal information and how to make complaints. They also contain information about how a person can request their personal information not be used for direct marketing purposes and details of other organisations to whom personal information is usually disclosed. If the Eligible Claimant has provided consent to receiving offers and promotions from Viva Energy, Viva Energy may use information the Eligible Claimant provides for its own future marketing purposes regarding its products/services, including contacting the Eligible Claimant electronically about other future special offers.

18. If for any reason any aspect of this promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure, regulatory constraints or any cause beyond the control of Viva Energy, the Shell Coles Express service stations or Aura, any of these entities may in their sole discretion cancel, terminate, modify, or suspend this promotion and/or any element of the Offer (including but not limited to the cash back rate) and invalidate any affected registrations or claims.

19. Viva Energy and Aura reserves the right to disqualify you from this Offer in the event of non-compliance with these Terms and Conditions.

20. In the event that there is a dispute concerning the conduct of the Offer, the decision of Viva Energy or Aura is final and binding on you and no correspondence will be entered into.

21. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Terms and Conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

22. Viva Energy and Aura and their associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this promotion or any element of the Offer or any acceptance or use of the Offer, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

23. You agree and acknowledge that your sole and exclusive remedy for any problems or dissatisfaction with this promotion and the Offer is to cease participation in this promotion, except where otherwise provided by law.

24. This promotion is to be used by an Eligible Claimant only and must not be distributed or shared by any means. If you distribute or share your cash back barcode in breach of this provision:

(1) Viva Energy or Aura may immediately terminate your access to the Offer;

(2) neither Viva Energy or Aura is required to honour the Offer to you or any other person who attempts to use your cash back barcode; and

(3) you will be liable for all loss or damage incurred by any person caused or contributed to by this breach.

25. Failure by Aura or Viva Energy to enforce any of their rights under these Terms and Conditions at any stage does not constitute a waiver of these rights.

26. Aura or Viva Energy may amend or vary these Terms and Conditions from time to time during the Offer Period. The current version of these Terms and Conditions will be available on the Aura App during the Offer Period and Eligible Claimants who have registered for the Offer will be sent an email (to their registered email address) regarding any changes to these Terms and Conditions. Any new or amended Terms and Conditions will apply from the date they are posted on the Aura App. You should check for any updated Terms and Conditions on the Aura App (with the date shown at the top of the Terms and Conditions indicating the currency of those Terms and Conditions).

27. The governing law and jurisdiction of these Terms and Conditions is Victoria, Australia.

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