VERSION: February 2015
1. SCOPE
1.1 These Terms and Conditions apply to use of the Viva Energy Australia eInvoice web programme (eInvoice) accessible viam.xxshagua.com，由Viva Energy澳大利亚Pt雷电竞y Ltd ABN 46 004 610 459（雷电竞)曾agreed to be bound by these Terms and Conditions by signing and returning an application for eInvoice access, by selecting the ‘I accept’ option in accordance with Clause 11, or by signing a Supply Agreement which incorporates these Terms and Conditions (顾客).
1.2除了VIVA能源条款和条件以及形成VIVA能源和客户之间的任何其他文件的任何其他文件之外，这些条款和条件还经营雷电竞Viva Energy Contract）以及任何政策，免责声明，条文，致谢或其他陈述，这些致谢，这些陈述被客户或任何Einvoice授权用户在任何时候承认或同意。如果出现任何不一致的条款和条件，将提供以下优先顺序：
（a) Viva Energy Contract;
（b）这些条款和条件;和
（c）在EINVoICE上出现的任何政策，免责声明，规定，致谢或其他陈述，由客户或其任何EINVOICE授权用户承认或同意。
2. VARIATION OF THESE TERMS AND CONDITIONS
Viva Energy may from time to time amend, delete or supplement these Terms and Conditions. Any change takes effect from the earlier of:
（a) 14 days after written notice is given; and
（b) the Customer/Accountholder selecting the 'I accept' option if notification of a change is given when accessing eInvoice.
3. OPERATION AND OWNERSHIP OF EINVOICE
3.1 The Customer acknowledges that eInvoice may be operated for Viva Energy by a third party as a subcontractor and that the computer systems on which eInvoice and the underlying databases are stored may be located overseas.
3.2 The Customer agrees and acknowledges that eInvoice and the copyright in all materials on eInvoice, including but not limited to all text, information, graphics, animation, images, software and any other materials on eInvoice (Content）这些内容的安排由viva能量拥有或许可。雷电竞Einv雷电竞oice的Viva能量商标和识别Viva Energy的任何其他名称，图像和徽标是Viva能量的专有商标或Viva能量的联盟能力。Einvoice和任何其他名称，图像和徽标识别Shell及其产品和服务的壳牌商标是皇家荷兰壳牌PLC附属公司的专有商标。Einvoice上提到的其他公司和产品的名称和标识可能是第三方的商标，并由VIVA能源使用各自所有者的许可。雷电竞
3.3客户确认VIVA能量可以随时改变EInvoice网站的格式和内容雷电竞，或暂停Einvoice的操作，以便在任何此类变更或暂停的任何时间随时任何时间进行支持或维护工作或任何其他原因。
4. EINVOICE AUTHORISED USERS
4.1 During the registration process, the Customer may apply for access rights for 1 or more authorised users to eInvoice (eInvoice Authorised Users) so the eInvoice Authorised Users can access eInvoice to view copies of documents relating to the Customer’s Viva Energy account(s), where available.
4.2 The Customer can apply to Viva Energy to vary its eInvoice Authorised Users or to add additional eInvoice Authorised Users from time to time by completing and returning the appropriate form to Viva Energy.
4.3 Viva Energy has sole discretion to set the number of eInvoice Authorised Users of the Customer and may reject any application from the Customer for an eInvoice Authorised User to be given access to eInvoice.
4.4 The Customer must ensure that the eInvoice Authorised Users are aware of and comply with these Terms and Conditions and, without limiting the other provisions of these Terms and Conditions, the Customer is responsible for all acts and omissions of the eInvoice Authorised Users.
5. LOGIN ID AND PASSWORD
5.1 Viva Energy will issue the Customer with a login ID and Password for each of its eInvoice Authorised Users to enable the eInvoice Authorised Users to access eInvoice to the extent requested by the Customer. Viva Energy may, at its discretion, provide the eInvoice Authorised Users with the ability to set their own login ID and Password within eInvoice. Viva Energy reserves the right to change or to request the Customer to change the Customer's or eInvoice Authorised Users’ login ID or Password at any time.
5.2 The Customer must take all reasonable steps to protect the confidentiality of each login ID and Password. The Customer may not permit, and must ensure that the eInvoice Authorised Users do not permit, any other person to access eInvoice using the Customer’s or an eInvoice Authorised User's login ID or Password.
5.3 In the event of any unauthorised use of the Customer's login ID and Password or any other breach of security of which the Customer becomes aware, the Customer must immediately notify Viva Energy of such unauthorised use or breach of security. The Customer will be liable for all activities carried out on the site, and any charges incurred as a result of those activities, before Viva Energy receives notification of such unauthorised use or breach of security.
5.4 Viva Energy may at any time cancel or suspend any login ID or Password issued to the Customer or an eInvoice Authorised User if it suspects that there has been a breach of confidentiality or security or any unauthorised use of the login ID and Password.
6. RELIANCE ON LOGIN ID AND PASSWORD
Viva Energy may act on any instructions transmitted or electronically communicated to it by, in connection with or arising from, whether directly or indirectly, the use, whether authorised or not, of a login ID or Password issued to the Customer or an eInvoice Authorised User. The Customer accepts full responsibility for all transactions thus made.
7.使用Einvoice
7.1只要客户符合这些条款和条件，VIVA能源给客户提供非独家，不可转让，有限的进入，使用和显示Einvoice。雷电竞客户可以下载Einvoice上的任何内容，以便仅向客户或其Einvoice授权用户计算机提供表达许可（例如在线报告和陈述），以便客户使用。客户承诺它不会：
（a) alter or remove any copyright, trade mark or other proprietary notice of Viva Energy or of any other company operating eInvoice;
（b）修改，帧或编辑Einvoice的内容或发布或销售内容，包括但不限于在任何其他网站上提供内容;
（c）反向，工程师，翻译，调整或修改与Einvoice相关的任何软件;
（d) create any links from any other website to eInvoice without Viva Energy’s express prior written permission;
（e）使用从Einvoice复制的任何内容进行任何商业，商业或公共目的（除了在这些条款和条件中特别授权）;或者
（f) interrupt, interfere or attempt to interrupt or interfere with the operation of eInvoice in any way.
7.2 The Customer uses the eInvoice site entirely at its own risk. Viva Energy reserves the right to deny the Customer or an eInvoice Authorised User access to eInvoice at any time or to terminate eInvoice or any part thereof. Further, Viva Energy reserves the right to determine the frequency, the limits of transactions, the operating hours, the types of operations, facilities and services available through eInvoice at any time.
7.3 The Customer may not do anything to interfere or attempt to interfere with the proper working of eInvoice or the operation of networks connected to eInvoice.
7.4 The Customer may not copy, extract or download, or do anything else which infringes the copyright or other intellectual property rights of Viva Energy or any other person in, any information displayed on eInvoice from time to time.
8.状态的信息
雷电竞能源和客户同意并承认万岁that any billing information, reports or other information posted in eInvoice or generated by eInvoice and provided to the Customer are subsidiary to physical sources of information such as delivery dockets, paper receipts and invoices rendered by post and that in the event of any discrepancy the physical sources of information shall be deemed accurate and will prevail.
9.隐私和数据保护
9.1客户确认它已阅读并理解VIVA Energy Australia隐私政策雷电竞m.xxshagua.com（Privacy Policy).
9.2 Viva Energy will comply with the Privacy Policy (as amended from time to time).
9.3 The Customer acknowledges that it consented to use of its information in accordance with the Privacy Policy (as amended from time to time) and Clauses 13 - 17 when completing the application for eInvoice access and the Customer warrants that each eInvoice Authorised User has consented to the use of their personal information in accordance with the Privacy Policy (as amended from time to time) and Clauses 13 - 17.
10. WARRANTIES, LIABILITIES AND INDEMNITIES
10.1法律将担保，保证或条件允许提供对Einvoice网站的获取或由Viva能源和Viva能源所包含的服务，不允许在任何情况下排除它们，那么这些担保，保证或条件将适用。雷电竞不包括所有其他保证，保证或条件，包括但不限于：
（a）其中包含的Einvoice网站或其中包含的服务将可用，不间断或及时;和
（b) that the eInvoice site or the services contained therein will be secure, error free or virus free.
10.2 Where guarantees, warranties or conditions apply, Viva Energy’s liability for breach of those guarantees, warranties or conditions is limited to resupplying the services (or paying the costs thereof), where this is permitted by law.
10.3 To the extent permitted by law, Viva Energy shall have no liability under or in connection with these Terms and Conditions, whether for breach of these Terms and Conditions, negligence or any other tort, breach of statutory duty or otherwise, for any:
（i) loss of profits, income, revenue, contracts or production;
（ii) business interruption or increased costs in operation;
（iii) damage to goodwill or reputation;
（iv) damage to equipment or machinery; or
（v) indirect losses or expenses or consequential damages whatsoever, even if such loss, expense or damage may reasonably be supposed to have been in the contemplation of both parties as a probable result of the relevant default, whether suffered by the Customer or any third party.
10.4客户确认：
（a) Viva Energy may send items of software, code or programming (Cookies）在客户和Einvoice授权用户访问Einvoice的课程中，客户和Einvoice授权用户的计算机系统的饼干和Einvoice授权用户的计算机系统;
（b）可以在访问EInvoice的过程中传输到客户和Einvoice授权用户的计算机系统中的病毒或其他恶意代码;和
（c) Viva Energy cannot guarantee the security of eInvoice and a third person may intercept any messages or information that are sent to or from eInvoice, and the Customer releases Viva Energy from and indemnifies Viva Energy against liability for any damage caused by Cookies, viruses or malicious code transmitted to the Customer's or its eInvoice Authorised Users' computer systems or any unauthorised access to the Customer's information (whether occurring during access to eInvoice by the Customer or an eInvoice Authorised User or at any other time).
11. ACCEPTANCE OF TERMS AND CONDITIONS
In addition to signing the application for eInvoice access, by selecting the 'I accept' option at the end of these Terms and Conditions the Customer and each eInvoice Authorised User agrees that, when using the eInvoice site, the Customer/eInvoice Authorised User is bound by, and will comply with, the Terms and Conditions, as amended from time to time.
12. GENERAL
12.1 The Customer may discontinue its use of eInvoice at any time by using the mechanism provided in the eInvoice web programme or by notifying Viva Energy. The contract formed by the application for eInvoice access and these Terms and Conditions will terminate when the Customer's login IDs and Passwords are invalidated by Viva Energy or 2 business days have elapsed, whichever is earlier.
12.2 Viva Energy may terminate or suspend the Customer's access to all or part of eInvoice, without notice, for any conduct that is in violation of these Terms and Conditions or any applicable law or is harmful to Viva Energy’s interests or the interests of another user or any other person. Viva Energy may also terminate the Customer's access to eInvoice if it ceases to have a Shell Contract with Viva Energy.
12.3 The failure of Viva Energy to insist upon strict performance of any of the provisions of these Terms and Conditions will not be deemed a waiver of any subsequent breach of or default in these Terms and Conditions by the Customer.
12.4 If any term of these Terms and Conditions or any part thereof is or becomes or is declared illegal, invalid or unenforceable for any reason whatsoever in any jurisdiction and such term or part is severable, it is deemed deleted from these Terms and Conditions in the relevant jurisdiction.
12.5这些条款和条件（视案中的任何明确规定而言，在维多利亚州（维多利亚州）的生效中管辖以及由这些条款和条件产生的任何诉讼程序所讨论的任何诉讼，应由主管雷电竞法院确定该州的管辖权。
13. INTERNET PRIVACY INFORMATION
During your visits to internet sites that are operated by Viva Energy Australia Pty Ltd ABN 46 004 610 459 and affiliates (雷电竞），您可能会要求您提供viva能量与个人信息。雷电竞通过VIVA能源互联网站点收集的所有个人信息将根据VIVA能源隐私政策进行处理雷电竞（不时修改）。
14.使用饼干
雷电竞Viva能源可以使用cookie(编程) in accordance with the Cookies Policy contained in the Viva Energy Privacy Policy (as amended from time to time).
15. STORAGE AND PROTECTION OF YOUR PERSONAL INFORMATION
Viva Energy will take all reasonable steps to ensure that all personal information held by Viva Energy is secure from any unauthorised access or disclosure. However, Viva Energy does not guarantee that personal information cannot be accessed by a Viva Energy person (e.g. a hacker) or that unauthorised disclosures will not occur. If Viva Energy provides you with any passwords or other security devices then it is important that you keep these secret and confidential and do not allow them to be used by any other person. You should notify Viva Energy immediately if the security of these devices is breached to prevent the unauthorised disclosure of your personal information.
16.第三方互联网网站和信息安全
Viva Energy assumes no responsibility for the information practices of third-party internet sites where a user of a Viva Energy internet site is able to access non- Viva Energy internet sites through ours. You are encouraged to review each internet site's privacy policy before disclosing any personal information.
17.联系我们
If you have any questions regarding the Viva Energy Privacy Policy or Clauses 13 - 17, or if you would like more information regarding the way Viva Energy manages personal information, then please contact Viva Energy:
Via email: Tellvivaenergy-Au@vivaenergy.com.au
In writing: Viva Energy Privacy Officer
PO Box 872K
Melbourne VIC 3001
Telephone: 13 16 18