1.2 We may at any time for any reason: (i) modify or withdraw the Application; (ii) modify, suspend or terminate operation of or access to the Application; (iii) change any policies or terms; and (iv) interrupt operation of the Application; and (v) upgrade the Application for fixes, and to add support for new functions or services.
2. YOUR SYSTEM REQUIREMENTS
2.1. In order to use the Application, You must have internet access and a compatible mobile telephone or handheld device with the following minimum specifications: Apple iOS devices running iOS 7.0, and Android OS devices running Android OS 2.2 and above.
3. CONDITIONS OF USING APPLICATION
3.3. You will not, nor allow third parties on Your behalf to: (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create any kind of derivative works of the Application.
3.5 The terms of agreement with Your mobile network provider (Mobile Provider) apply when using the Application. You may therefore be charged fees by the Mobile Provider for network connection services while accessing the Application and any associated third party charges that may arise. You are responsible for any such fees.
3.6. If You are not the bill payer for the mobile telephone or handheld device being used to access the Application, You will be assumed to have received permission from the bill payer for using the Application.
4. PROPRIETARY RIGHTS
4.1. All intellectual property rights in the Application are either owned or controlled by Coles or the third party licensing Coles to use their Content.
5.1. We do not warrant the Application will be available at all times.
5.2. We will use reasonable efforts to make the Application available at all times, however the quality and availability of the Application may be affected by factors outside Our reasonable control such as Your internet connection or other network issues.
5.3. We do not accept any responsibility for unavailability of the Application, or any difficulty or inability to access Content or any other communication system failure which may result in the Application being unavailable.
5.4. We will not be responsible for any support or maintenance for the Application.
6. PRIVACY AND SECURITY
6.1. We are committed to the Australian Privacy Principles, and have established policies and procedures to ensure all personal information is handled in accordance with the Australian Privacy Principles.
6.2. By using the Application You agree that We may collect and use personal information and data and related information, including but not limited to your shopping lists, preferences and purchasing habits with Us, technical information about Your device, system and application software. We collect this information for a number of reasons including, to better understand your requirements and preferences, to facilitate the provision of updates, and to provide you offers that are of greater interest or benefit to you.
6.3. If You add your flybuys account to the Application, you agree that flybuys and Coles may share information about you that each party collects. You can remove your flybuys account details from the Application at any time.
6.5 You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You must immediately notify Us of any unauthorized use of Your account or password, or any other breach of security.
7. PRODUCTS AND PRICES
7.2. Product prices are correct at time of publishing (based on your identified Coles store) but prices are not real time. Please see in-store for latest price information.
7.3. We do not warrant that all products are available at all stores all the time. Some stores may not stock certain products or some products may be out of stock at certain times.
7.4. We may make changes to any products offered on the Application, or to the prices for any such products, at any time, without notice. The information on the Application may be out of date, and We make no commitment to update the information on the Application.
7.5. The information and recipes contained within this Application are for general information purposes only and should not be considered professional medical advice. You should consult a doctor for any specific nutritional needs that You may have.
8. LIMITATION OF LIABILITY
8.1. Except where prohibited by law, We will not be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of Your use of or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort, product liability or otherwise.
8.2. We are not liable to You for any damage or alteration to Your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
9. DISCLAIMER OF WARRANTIES
9.1. Other than those implied by law and which cannot be excluded the Application is provided "as is" and "as available" without warranty of any kind.
9.2. We do not warrant that the Application or any Content, service or feature of the Application will be error free, or uninterrupted or that any defects will be corrected or that Your use of the Application will provide any specific results.
9.3. All information on the Application is subject to change without notice.
9.4. To the maximum extent permitted by law We disclaim all express and implied warranties with regard to the Application including accuracy, merchantability and fitness for particular purpose.
10.1. We may terminate use of the Application at any time without notice.
10.2. Upon any termination, the rights and licenses granted to You will immediately terminate and You must cease using the Application.
11. GOVERNING LAW