EG Pay In App – Terms and Conditions

3 x 5c per litre vouchers

Offer is available on the first three fuel transactions. Discount is capped on purchases up to 150L. To be eligible for the offer, customers must download the EG Club app and join the EG Club by ticking the box to join. The 5c coupon will appear automatically under ‘Rewards’ in the app. Only one 5c coupon can be redeemed per transaction. Can be used with Everyday Rewards 4c voucher and EG $5 in-store voucher. Cannot be used in conjunction with other offers. Coupons expire after three months.

1. By accessing or using the App, you are indicating that you have read and understand these Terms, and that you agree to comply with and be legally bound by the Terms.
2. Safety Notification: You may only use the App or your mobile device within a stationary vehicle or within the convenience store. You are not permitted to use the App or your mobile device while driving a vehicle or walking across the forecourt.
3. Definitions
“App” refers to the downloadable mobile application “EG Club” owned and operated by the Company through which access to the Services or the Platform is available. References to the “App” include any and all features, functionality, tools and content available on or through the application.
“Company,” “we,” or “us” refers to: (i) EG FuelCo (Australia) Limited ACN 627 348 645; or (ii) EG AsiaPac Ventures No.1 Pty Ltd ACN 644 278 062, both of Level 39, 100 Miller Street North Sydney NSW 2060 or any related entity that provides Services to any Users.
“Platform” refers, collectively, to the Website, App, and any and all other technology through which Company provides the Services.
“Privacy Notice” means the Company’s privacy policy which can be found at: https://eg-australia.com/global-and-legal/
“Services” refers to the payment, reward, discount, and loyalty programs provided by Company and its service providers, and any and all related services and promotions, either on or offline.
“Users” means any and all persons that access or use the Platform. References to “access” and/or “use” of the Platform (and any variations thereof) include the acts of accessing or browsing the App, and accessing or using the Website.
“Website” refers to collectively the websites owned or operated by Company (including the websites currently located at https://eg-australia.com), through which access to the Services is available. References to the “Website” include any and all features, functionality, tools, and content available on or through each such website.
4. Platform and Service Rules and Supplemental Terms
Your access to and use of the Platform and Services are governed by these Terms of Use, our Privacy Notice (currently located on the Website as described in more detail below), any and all other policies and rules referenced herein, posted on the Platform, or otherwise communicated to Users (the “Platform Rules”).
Certain of the features, functionality, tools, content and promotions available on or through the Platform may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you choose to access or use those features, functionality, tools or content or participate in those promotions, the applicable Supplemental Terms are also incorporated and deemed part of these Terms.
If there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will govern and control with respect to the applicable features, functionality, tools, content and promotions.
Please read these terms of use, our Privacy Notice, Platform Rules and all applicable Supplemental Terms (collectively, the “Terms”) carefully, as they contain terms and conditions that impact your rights, obligations and remedies in connection with your use of the Platform. For example, the Terms include:
(a) Important information about the functional limitations of the Platform and/or the Services;
(b) Your obligation to comply with all applicable laws and regulations, and all safety directions issued by the Company in relation to Your Use of the App;
(c) Limitations of our liability to You; and
(d) Your access to and use of the Platform and Services are conditioned on your acceptance of and compliance with these Terms.
5. Amendment of Terms
Company reserves the right, in its sole discretion, to amend the Terms, at any time. If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. By continuing to use the Platform and Services after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. If the amended Terms are not acceptable to you, your only recourse is to stop using the Platform and Services.
6. Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Platform and/or Services, and may subject you to civil and criminal penalties.
7. About The Platform
7.1. License to Use
Subject to your compliance with the Terms, Company grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Platform and Services, including the right to download and install a copy of the App on each mobile device that you own or control, for your own personal or internal use only, and not for use for any external business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Platform and Services as provided by Company, in the manner permitted by the Terms.
7.2. Acknowledgements
You affirm that you have read the foregoing and acknowledge that:
(a) The App and certain features and functionalities of the Platform are only available for use at participating Company locations;
(b) Company does not and cannot guarantee that the Platform will be continuous or error-free;
(c) If your mobile or data plan services or access to the internet or our Platform is/are suspended, cancelled or terminated (e.g., as a result of billing issues or other breach), you may not be able to use some or all of the Platform;
(d) You are exclusively responsible for Your use of the Platform and Services through your account or otherwise. Abuse of the Services may subject you to civil and criminal fines and penalties;
(e) You agree to use the App only within a stationary vehicle or within a convenience store;
(f) You agree not to use the App:
a. when directed by the Company (for example due to a safety issue or other incident at a particular site);
b. while driving a vehicle, or while your vehicle is moving;
c. while pumping fuel;
d. at any time that you are out of your vehicle and on the forecourt of the fuel station;
e. while walking across a forecourt;
f. if you are under 16 years of age;
g. when refuelling a motorbike or a container which is not approved for refuelling;
h. when refuelling LPG; or
i. if it is unsafe to do so.
7.3. Modifications and Updates to the Platform and Services
Company reserves the right, in its sole discretion, to modify or discontinue offering the Platform and/or Services, in whole or in part, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of any Platform content or use of any Services at our sole discretion at any time without prior notice to You.
We may from time to time develop and provide updates for the App, which may include upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively, “Updates”). Updates may also modify or delete features, functionality, tools or content in their entirety. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. Please promptly download and install all Updates. If you do not, portions of the App may not properly operate. All Updates will be deemed part of the App and be subject to all terms and conditions of the Terms.
You agree that Company has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.
7.4. International Users
The Platform is controlled and operated within Australia and is not intended for use outside of Australia. You are hereby prohibited from accessing or using the App from any territory outside Australia.
7.5. Rewards & Restricted Content
From time to time, Company may provide eligible customers opportunities to receive and participate, through the Platform or otherwise, certain coupons, clubs, rewards, member pricing, discounts, promotional messages or similar content related to specific products sold by Company (“Rewards”), including but not limited to opt-in/opt-out opportunities for age-restricted products such as alcohol or tobacco (“Restricted Content”), which opportunities may be exclusive to a particular Platform User or subset of Users. A determination of eligibility for Rewards may be based upon information provided to Company through your enrolment and use of the Platform and/or Services, such as information about your age, your state of residence, and your purchase history, such as that related to the Rewards or Restricted Content. By using the Platform, you consent to such Rewards opportunities, including opt-in/opt-out Restricted Content, upon a determination of eligibility in the sole discretion of Company.
8. Accounts And Other Use Of Services
8.1. Account Registration
While certain areas of the Platform are publicly available, you must register for a User account before you are able to use most of the Services (as determined by the Company). You may register to create an account directly via the App or Website. You may not register for an account on behalf of any person (other than yourself).
Your account and account profile page will be created based upon the information you provide to us. You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. To identify pump locations, location services must be enabled on your mobile device to access certain functions within the App.
When you create your account, you will be asked to create a one-time PIN, which you will be solely responsible for safeguarding. You agree not to disclose your one-time PIN to any third
party, you are responsible if it is intercepted and you agree to immediately notify Company of any unauthorized use of your account or if you change service providers.
You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You are responsible for selecting the correct pump number, and for ensuring that the correct amount for payment is presented on the App prior to Your confirmation of each payment. Company is not responsible for any errors made by you in selecting the incorrect pump, or making incorrect payments via the App.
If payment cannot be made via the App for any reason, you remain responsible for making payment for all fuel dispensed into your vehicle by making payment within the convenience store.
8.2. Account and Services Suspension and Cancellation
You may cancel your account at any time, provided that all payments are up to date and no arrears are outstanding.
We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your account and/or take technical and legal steps to prevent you from using our Platform and Services at any time for any reason. Company reserves the right to suspend or terminate your account or your access to the Platform or the Services if you create more than one account, or if any information provided during the registration process or thereafter or your use of the Services is determined to be incomplete, inaccurate, out dated, deceptive or fraudulent.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel accounts of Users who fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the “General User Conduct” section below and elsewhere in the Terms.
If Company has suspended your account or your use of the Services due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Company’s reasonable satisfaction.
9. Payment Terms
9.1. Payment Accounts
You are responsible for providing Company with valid payment account details. Please note that the payment information, including name and contact information, that you submit when you register for our App will be used and shared with our payment processing services provider, Wpay Pty Ltd (Wpay), and otherwise used in accordance with our Privacy Notice. The Wpay terms of use can be found here: https://www.wpay.com.au/content/dam/mep/assets/pdf/Wpay%20Website%20Terms%20of%20Use_03_06_21.pdf
If you wish to designate a different payment account, or if there is a change in your payment account status, you must change your information in your account. This may temporarily disrupt your access to your account while Company verifies your new payment information.
9.2. Transaction Disputes
If you would like to dispute any transactions made in store or at the pump, please contact our customer service team (details are within the ‘contact’ section within the App).
9.3. Third Party Charges and Mobile Alerts
You are solely responsible for any fees or charges incurred to access the App through an internet access provider or other third party, including without limitation data charges incurred if you are not connected to WiFi access, charges to receive SMS messages or other mobile access, which may be billed to you or deducted from your prepaid balance by your mobile provider. You agree that Company is not liable in any way for any third party charges.
10. User Conduct Guidelines
Any time you access or use the Platform, you are required to comply with our User conduct guidelines, as set forth below. You are not authorized to access or use the Platform:
• to impersonate any person or entity, or falsify or otherwise misrepresent your identity, credentials, affiliations or intentions;
• to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• if you are a person barred from receiving services under the laws of Australia or other applicable jurisdiction; or
• for any other purposes that are not expressly permitted by the Terms.
• access, copy, distribute, share, publish, use or store any Platform content, including by disclosing, selling, renting, distributing or exposing any Platform content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Platform;
• access, copy, distribute, share, publish, use or store, or prepare derivative works from any Platform content that belongs to Company or any third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
• transfer your account to another party without our consent;
• circumvent our systems, policies, determinations as to your account status, including by attempting to access or use the Platform if your account has been suspended or cancelled or you have otherwise been temporarily or permanently prohibited or blocked from using the Platform;
• access, search, collect information from, or otherwise interact with the Platform by “scraping,” “crawling” or “spidering” the Platform, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by Company, unless you have been specifically authorized to do so in a separate agreement with Company;
• use, display, mirror or frame the Platform, or any feature, functionality, tool or content of the Platform, Company’s name, any Company trademark, logo or other proprietary information, without Company’s express written consent;
• interfere with, disrupt, damage or compromise the Platform or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Platform or otherwise imposing an unreasonable or disproportionately large load on the Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Platform;
• export or re-export the Platform, except in compliance with the export control laws and regulations of any relevant jurisdictions;
• otherwise abuse the Platform or breach the Terms; or
• attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
10.1. Investigations
Company reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law. Without limiting the foregoing, you acknowledge that Company has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Platform and Services by any User if we believe in good faith that it is reasonably necessary (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body), (ii) to respond to claims asserted against Company, (iii) to enforce and to ensure a User’s compliance with the Terms, including the investigation of potential violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect the rights, property or safety of Company, its Users or members of the public, and (vi) for the purpose of operating and improving the Platform and Services (including for customer support purposes).
11. Intellectual Property Ownership
11.1. The Platform
The Platform and Services, and all features, functionality, tools and content thereof, are protected by copyright, trademark and other laws of Australia and foreign countries. You acknowledge and agree that the Platform and Services, and all intellectual property rights therein are the exclusive property of Company and its licensors. You will not remove, use, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Platform or Services.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Company (the “Company Marks”) are the property of Company, and that you are not permitted to use the Company Marks without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Platform or Services in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Company or the intellectual property owner, as applicable.
This foregoing license is subject to modification or revocation at any time at Company’s sole discretion.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
12. Third Party Terms
12.1. Links to Third Party Websites and Services
The Platform may also provide links to third-party websites, resources or services including, without limitation, the Wpay payment processing service. You acknowledge and agree that Company is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Company of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and
assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.
We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.
12.2. Apps Downloaded from Third Party App Stores
Our App may be available for download from third party app stores which are not owned or operated by Company. When downloading, installing, accessing, using or browsing the App, you must comply with any applicable third party terms and conditions, including any End User License Agreement, your mobile device agreement or any wireless data service agreement, and ensure that your use of the App is not in violation of any such terms or conditions.
13. Warranties, Disclaimers, Limitation Of Liability & Indemnification
13.1. Warranties by Users
You represent and warrant to Company that:
(i) you have the power and authority to accept and agree to the Terms;
(ii) you own or control all of the rights necessary to grant the rights and licenses granted herein;
(iii) you will not violate any Commonwealth, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with your access to or use of the Platform and Services;
(iv) the exercise by Company of the rights granted by you hereunder will not cause Company to violate any applicable laws, rules or regulations, to infringe the rights of any third party; and
(v) all account and any other information provided by you will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.
13.2. Disclaimers
If you are a “consumer” for the purposes of the Australian Consumer Law, certain guarantees, rights and remedies may be conferred on you which cannot be excluded, restricted or modified. To the maximum extent permitted by applicable law:
• except as expressly provided herein, the Platform and Services are provided “as is” and “as available” without warranty or guarantee of any kind, express or implied; and
• company expressly disclaims any and all warranties or guarantees, whether express, implied, arising out of course of dealing or usage of trade, including warranties of merchantability, fitness for a particular purpose, non-infringement or title or rightful claim, warranties as to the reliability or availability of the platform and services, or that use of the platform and services will be uninterrupted or error free, warranties as to the completeness, accuracy or timeliness of any Platform content.
13.3. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law:
• the risk arising out of or relating to your use of the Platform and Services is Yours and remains with You;
• in no event will Company be liable for any indirect, incidental, special, exemplary, punitive or consequential damages of any kind, or damages for lost revenues or profits, loss of data or loss of goodwill, service interruption, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with this agreement and the Platform and Services, whether based in warranty, contract, tort (including negligence) or any other legal theory, and whether or not Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Nothing in this clause excludes Company liability for any loss or damage arising from a breach of our data security commitments as detailed in our Privacy Notice;
• Company’s aggregate liability arising out of or in connection with this agreement, the Platform and the Services shall be limited to the higher of: (i) the aggregate value of goods or services purchased by You using the Platform or Services in the preceding three month period; or (ii) $2,000.
13.4. Exclusions
Nothing in the terms further is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, or exclusion of liability for loss or damage from death or personal injury. Accordingly, only the above limitations in this section that are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent required by law.
13.5. Indemnification
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Company its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with: (i) your breach of the Terms, including any violation of national, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (ii) your negligence, fraudulent act or omission, or willful misconduct.
Your liability to indemnify the Company under this clause will be reduced to the extent that any unlawful or negligent act or omission by the Company or its personnel contributed to the liability, loss, damage, cost, expense or compensation.
14. Governing Law & Dispute Resolution
14.1. Governing Law
The Terms shall be governed by and interpreted in accordance with the laws of New South Wales, Australia.
14.2. Jurisdiction and Venue
You and Company agree that any and all disputes, claims and actions, at law or in equity, arising out of or relating to or in connection with the Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Platform and Services (collectively, “Disputes”) shall be brought in the federal or state courts located in New South Wales, Australia, and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions, except that Company retains the right to submit a Dispute to any court of competent jurisdiction. Company also may seek injunctive or other equitable relief for breach of these Terms
in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action or proceeding will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
15. Miscellaneous
15.1. Privacy
Our collection and use of information about Users is governed by our Privacy Notice. By accessing and using the Platform and Services, you consent to the collection and use of this information as set forth in the Privacy Notice. As part of providing you the Platform and Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving.
15.2. Entire Agreement
These Terms, including these Terms of Use, our Privacy Notice, the applicable Supplemental Terms and any and all Platform Rules, constitute the entire and exclusive understanding and agreement between you and Company regarding your access to and use of the Platform and Services and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Company and regarding the subject matter hereof.
15.3. Assignment
i. You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense by you without the foregoing consent will be null and void. Company may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction.
ii. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.
iii. The Company may assign, novate or transfer any of its rights or obligations arising under this Agreement in whole or in part to:
a. any of its related bodies corporate (as defined in the Corporations Act (Cth) 2001; or
b. any acquirer of any Company group member or of any part of any Company group member’s business.
iv. To the extent that, in order to perfect any assignment, novation or transfer by the Company, You are required to execute any document or do any thing, You must execute that document or do that thing promptly upon the Company’s written request for it to do so.
15.4. No Agency
Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
15.5. Survival of Terms
Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of these Terms of Use shall survive such expiration or termination.
15.6. Notice
Any notice, request, instruction or other document to be given by one party hereunder to the other party shall be in writing and shall be deemed to have been given when delivered personally, or when emailed, addressed to the party to be given notice at its address as provided within the Platform.
A notice, consent or other communication that complies with this clause is regarded as given and received:
a. if delivered, when it has been left at the addressee’s address’;
b. if sent by email:
• when the sender receives an automated message confirming delivery; or
• four hours after the time sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered,
whichever occurs first.
15.7. Waiver
Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorised representative of Company. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.
15.8. Remedies
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
15.9. Severability
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
15.10. Headings
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
15.11. Third Party beneficiaries
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.