Mobil Card: Terms And Conditions

These are the Standard Terms and Conditions (“Terms and Conditions”) governing the creation and operation of a Mobil Card account (the “Account”) by Mobil Oil Australia Pty Ltd ABN 88 004 052 984 (the “Company”).

Accountholder may also have a Mobil Card Customer Agreement (“Customer Agreement”) with the Company (which expressly incorporates these Terms and Conditions) in which case, if there is any unresolvable inconsistency between these Terms and Conditions and any other Customer Agreement, the terms of the Customer Agreement will prevail but only to the extent of that inconsistency.

Before using a Card or authorising the use of any Card you should read these Terms and Conditions carefully. It is your responsibility to remain familiar with these Terms and Conditions, as available and updated from time to time at www.mobil.com.au. We recommend that you seek independent legal or professional advice.

You acknowledge and agree that your use of Cards and the Account will be bound by these Terms and Conditions. The most recent version of these Terms and Conditions will apply to your use of Cards and the Account.

We may vary these Terms and Conditions (including varying a fee or charge or imposing a new fee or charge) by providing 15 Business Days’ prior written notice for any material changes. Continued use of the Cards and Account after the 15 Business Days’ notice indicates acceptance of the updated Terms and Conditions.

Should you prefer not to accept these Terms and Conditions you may terminate this agreement by giving us 15 Business Days’ prior written notice, in accordance with the notice requirements outlined herein. Ensure that all Cards are securely destroyed to prevent misuse.

 

Purpose and Use of Mobil Card

Mobil Card is a charge card facility that enables the Accountholder and Cardholders to make purchases and monitor expenses for business purposes. It is an essential term that Accountholder pays Company in accordance with these Terms and Conditions. Mobil Card does not operate as a loan or money lending facility and requires the Balance to be paid by the due date. Time is of the essence for the performance your obligations.

 

Definitions and Interpretation

In these Terms and Conditions, the following definitions and rules of interpretation apply unless the context requires otherwise:

Account means the Account in your name for business purposes, or your business entity in respect of which Card transactions between Company and Accountholder are debited, and payments made to Company are credited;

Accountholder means the entity/person in whose name the Account is held, including a person, company, trustee, partner in a partnership or any representative of these; ‘you’ and ‘your’ means the Accountholder;

AML means all laws, regulations, and regulatory obligations relating to the prevention of money laundering, bribery, corruption, or any other financial crime, including the Anti-Money laundering and Counter Terrorism Financing Act 2006 (Cth) and any associated rules, regulations, guidance notes, and prudential standards issued by AUSTRAC or any other competent authority, as amended from time to time.

Application means the application made by an applicant to open the Account which may be, via the internet or in writing to the Company;

Balance means all amounts charged to Cards, any Late Payment Charge or other amounts due and payable to Company hereunder and all other costs, fee or expenses (including without limitation, legal fees/expenses on a full indemnity basis) incurred by the Company in the recovery of or in relation to or in connection with any of such amounts, charges, costs, fees or expenses payable hereunder;

Billing Period means the period for the billing of the Balance, as specified by the Accountholder in the Application or otherwise agreed between Company and Accountholder, and in all instances as approved by Company;

Business Day means every operating or working day except for public holidays in Melbourne;

Card means each Mobil Card, including any Mobil Card that is co-branded or fully branded with a Company affiliate, authorised third-party or customer, as we may determine from time to time that is issued by us for use in relation to your Account (a Card may or may not bear the name of the Cardholder and may be with or without a signature panel);

Card Limits means limits or restrictions placed on a Card by Accountholder or Company;

Cardholder means you and any person authorised by you to use a Card. Each Cardholder is deemed to be your agent;

Company, ‘we’, ‘our’, and ‘us’ means Mobil Oil Australia Pty Ltd. (ABN 88 004 052 984) and their respective successors and assigns;

Expenditure Limit means the amount notified by us to you from time to time in accordance with Clause 11 as being the maximum allowable Balance of the Account;

Fee Schedule means the schedule of fees attached to and forming part of these Terms and Conditions including any variations as notified to Accountholder;

Force Majeure means an event or circumstance beyond the reasonable control of the affected party, including acts of God, fire, flood, earthquake, pandemic, war, terrorism, industrial action, government action, or failure of power, telecommunications, data systems or networks.

KYC means the process by which Mobil verifies the identity authority, and legitimacy of its customers or counterparties in accordance with applicable laws, regulations and internal company policies. KYC procedures may include, without limitation, customer identification, verification of beneficial ownership, and ongoing monitoring of transactions and business relationships.

Late Payment Charge means the fee specified in the Fee Schedule that may be charged to your Account if you do not pay the Balance by the time specified in the relevant Statement.;

Merchant means an entity/person authorised by us to accept a Card as the means of payment in relation to the supply of Petroleum Products, or Other Products (or a combination of these) by that entity/person;

Merchant Site means a location authorised by Company to accept Mobil Card as a form of payment;

Mobil Card Products means Petroleum Products, Other Products, and Other Goods & Services purchased with a Card as form of payment.

Nominated Vehicle means, in relation to a Card, the vehicle (if any) specified on that Card;

Non-Fuels Merchant means an entity/person authorised by us to accept a Card as the means of payment in relation to the supply of Other Goods & Services by that entity/person;

Notification Event means, if:

• you cease, suspend or threaten to cease or suspend the conduct of all or a substantial part of your business or dispose of or threaten to dispose of a substantial part of your assets; or,
• an administrator, controller, receiver or similar officer is appointed over you or any of your assets or steps are taken to enter into an arrangement, compromise or composition with; or,
• you are an individual, and you appoint or are reasonably likely to appoint a trustee pursuant to the Bankruptcy Act 1996 (Cth), or a petition for your bankruptcy is issued (except where the petition is no longer in force); or,
• you are a company, and there is a change in ownership, directors or legal identity; or an application, order, resolution or an application to a court is made or proposed to be made for your winding up, deregistration, dissolution or administration or liquidation, or for the appointment of a receiver or receiver and manager over any of your assets; or
• any of the above events are reasonably likely occur, as determined by Mobil acting reasonably.

Other Goods & Services means goods other than Petroleum Products and services sold by a Non-Fuels Merchant and available for purchase using a Card. Company is not the supplier of Other Goods & Services;

Other Products means goods and services other than Petroleum Products sold by a Merchant in the ordinary course of business; for the avoidance of doubt “Other Products” includes diesel exhaust fluid (AdBlue®) and auto LPG. Company is not the supplier of Other Products;

Petroleum Products means any petrol, diesel or fuel supplied by Company to Cardholder via a Merchant Site, and in the course of a Card transaction, sold by Company to Accountholder;

Purpose and Use of Mobil Card has the meaning set out above;

Related Entity has the meaning given to that term by the Corporations Act 2001 (Cth);

Statement means a statement issued by us pursuant to these Terms and Conditions, including the Balance of your Account;

1. Interpretation

i. Headings are for convenience only and do not affect interpretation.

ii. The singular includes the plural and conversely.

iii. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

iv. Reference to a party or person includes any form of entity whether incorporated or not, and their respective successors, assignees and representatives.

v. Any amounts are in Australian Dollars.

vi. References to pay or payments in respect of an Account means payment in cleared and readily available funds.

vii. The illegality, invalidity or unenforceability of any of these Terms and Conditions shall not affect the legality, validity or enforceability of any other term.

viii. If the Accountholder comprises one or more persons, irrespective of the relationship between those persons, these Terms and Conditions, including obligations and indemnities of Accountholder, apply to each person jointly and severally.

ix. Except to the extent that these Terms and Conditions expressly provide otherwise, nothing in these Terms and Conditions:

a. constitutes a relationship of partnership, joint venture, employer and employee, principal and agent, fiduciary, trustee and beneficiary or of employer and employee between you and us; or

b. authorises a party to:

(i) act or hold itself out as an agent or representative of the other party; or

(ii) assume or create any obligations on behalf of the other party.

x. These Terms and Conditions are for the sole benefit of the parties, and except as expressly provided for in these Terms and Conditions, nothing in these Terms and Conditions, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms and Conditions. To the extent any right, benefit or remedy is conferred upon a third party hereunder, Accountholder or Company, as applicable, is holding such right, benefit or remedy in trust on behalf of that third party and may enforce same on that third party's behalf.

xi. Except to the extent that these Terms and Conditions expressly provide otherwise each party is fully responsible for its own employees, contractors, agents or representatives.

2. Establishment of Account and acceptance of Terms and Conditions

i. You accept these Terms and Conditions by applying for an Account or using the Card. These Terms and Conditions take effect when your Application is approved by the Company.

ii. Upon opening the Account we may issue the Cards you applied for. Additional Cards may be issued at our discretion upon your request.

iii. Any amount payable under these Terms and Conditions will be charged to your Account and recorded in a Statement.

iv. You acknowledge and warrant that the use of Cards will wholly or predominantly be as per the Purpose and Use of Mobil Card, and the Company has the right to terminate your Account as per these Terms and Conditions if it forms the view that the Card is not being so used.

v. You acknowledge that the Card is issued subject to the fees as set out in, or contemplated by the Fee Schedule available here (Mobil Card Fee Schedule | Mobil Australia).

3. Termination

i. These Terms and Conditions will continue in effect until any termination date agreed between you and us for your Account as specified in any accompanying documentation, if supplied; or

ii. Unless otherwise agreed in writing, either party may terminate these Terms and Conditions at any time by giving the other party 15 Business Days’ prior written notice of such termination.

iii. Without prejudice to the Company’s other rights under these Terms and Conditions, the Company may terminate your Account immediately:

a. in the event of breach of these Terms and Conditions by you; or

b. if the Company in its opinion reasonably believes that there has been or might be fraudulent, illicit, deceptive, misleading or dishonest or unauthorised use of or act in respect of a Card or your Account; or

c. where Company in its opinion reasonably believes that you represent a credit risk to the Company or may not be able to pay the Balance when due; or

d. in the event of a Notification Event.

iv. Notwithstanding anything to the contrary herein, on termination of these Terms and Conditions:

a. the Balance amount becomes immediately due and payable by you; and

b. all Cards will be immediately cancelled; and

c. any right which has accrued prior to the termination remains unaffected.

v. For the sake of clarity, your Account will be closed when:

a. you ask us in writing to close it or if we decide, in our discretion, to close it as per these Terms and Conditions; and,

b. the Balance outstanding on the Account has been paid in full.

vi. Closure of the Account does not affect or limit your obligations under these Terms and Conditions in any manner whatsoever and you will remain liable for all charges incurred in respect of any Card, including any amounts, interests, charges, costs, fees or expenses (including without limitation, legal fees/expenses on a full indemnity basis) incurred by Company in the recovery of or in relation to or in connection with any of such amounts, charges, costs, fees or expenses payable hereunder, prior to and after the termination, revocation, suspension or cancellation of the Account and/or any Card.

4. The Card

i. At all times you must procure the Cardholder:

a. to keep the Card in a safe place and ensure no-one else uses it.

b. if it’s a signature Card, to sign the Card with the Cardholder’s usual signature immediately upon receipt of it for identification and to assist with prevention of unauthorised or fraudulent use by any other person.

c. not to disclose the PIN (if applicable) to any unauthorised users or allow unauthorised use of the Card.

5. Using the Card

i. You agree that you will use the Card and will procure the Cardholder to use any Card only in accordance with these Terms and Conditions.

ii. A Card:

a. may only be used by the Cardholder;

b. where there is a Nominated Vehicle, may only be used in respect of that Nominated Vehicle;

c. may only be used to purchase Petroleum Products, Other Products, and Other Goods & Services from a Merchant or Non-Fuel Merchant within the Card Limits;

d. may not be used outside the validity period shown on it; and

e. may not be used if it or the Account has been cancelled, terminated or suspended by you or Company pursuant to these Terms and Conditions.

iii. Neither the Card nor the Account may be used for any fraudulent, illicit, deceptive, misleading or dishonest or unauthorised purpose. You must ensure a Cardholder must not use the Card if you do not honestly expect to be in a position to pay the Balance in full when due or if a Notification Event occurs or if you give notice of termination.

iv. You must ensure the Cardholder (a) complies with all Card Limits for all purchases at all times; (b) does not directly or indirectly do or permit (by act or omission) anything to avoid the application of any Card Limit and (c) complies with these Terms and Conditions.

v. We may refuse authorisation for any transaction if we reasonably suspect:

a. fraudulent, illegal or unauthorized activity; or

b. you exceed the Expenditure Limit; or

c. or the Cardholder exceeds the Card Limit; or

d. where we have a legitimate business reason to do so; or

e. you are in breach of these Terms and Conditions.

vi. You can monitor your Account, Card Limit, Expenditure Limit and transactions through our Mobil Card Online Account Portal. You are responsible for ensuring your Account or Card stays within the Expenditure Limit or Card Limit. Any excess is immediately payable to us as a debt due and owing on demand.

6. Ownership and Replacement Cards

i. Each Card remains the property of the Company and must not be altered or defaced. A Card is not transferable. You must immediately destroy all Cards that are no longer used, have been cancelled, have expired, or are otherwise invalid.

ii. We will replace any lost, stolen or damaged Card, at your request and on payment of any applicable fees, provided you are not otherwise in breach of these Terms and Conditions. Any replacement Card will be subject to these Terms and Conditions as if it were the original Card.

7. Liability

i. You are liable to pay us all amounts, including any fees, charges or other amounts payable, charged to your Account pursuant to these Terms and Conditions and the Fee Schedule. Except as set out in Clause 10 of these Terms and Conditions, we may charge to your Account the amount of any transaction entered into by any person using a Card, even if:

• the Card is used in a way that is not permitted under these Terms and Conditions; or
• you have withdrawn the authorisation of the Cardholder to use the Card and not notified us as per these Terms and Conditions; or
• the Card is used by a person other than the Cardholder.

ii. To the extent permitted by law, we are not responsible in any respect for any Petroleum Products, Other Products or Other Goods & Services acquired by any person using a Card or otherwise.

iii. You must resolve any complaint or dispute relating to Petroleum Products, Other Products or Other Goods & Services (including, without limitation, relating to their supply, quality or use) purchased by any person using a Card or otherwise, directly with the Merchant or Non-Fuel Merchant. Your obligation to pay amounts charged to your Account will not be affected or limited by any such complaint or dispute and all amounts due must be paid in full by the due date, regardless of any dispute.

vi. We make no representation that any or all Mobil Card Products that you or the Cardholder seeks to purchase will be available for purchase at a particular Merchant Site at any time.

vii. We make no representation that Card PIN can be enacted or is required as a form of control at all Merchant Sites. If the Mobil Card Products that you are purchasing do not require a Card PIN, you acknowledge and agree that you are still responsible for all transactions made using your Card.

viii. To the extent permitted by law, we are not responsible if for any reason a Merchant refuses to accept a Card or improperly processes a Card transaction.

8. Title and Risk and PPSA

i. Risk in the Mobil Card Products shall pass to the Accountholder;

a. for Petroleum Products (supplied by Company), and Other Products (supplied by Merchants or Non-Fuel Merchants) dispensed into a vehicle, as soon as that product passes into the Cardholder’s vehicle at the Merchant Site; and,

b. for Other Products and Other Goods & Services (supplied by Merchants or Non-Fuel Merchants), immediately upon possession.

ii. PPSA Security Interest

a. You acknowledge and agree that these terms and conditions, including any credit application or commercial agreement, constitute a Security Agreement for the purposes of the PPSA.

b. As security for the payment of all amounts and the performance of all obligations owed by You to the Company under these Terms and Conditions (the "Secured Money"), You grant to the Company: (1) a Security Interest, and to the extent applicable, a PMSI, in all Goods supplied by the Company to You, including all Accessions and Proceeds derived from those Goods; and (2) a Security Interest in all of Your present and after-acquired personal property ("ALLPAAP")

c. You acknowledge that: (a) the Security Interest granted in clause 8 (b)(1) is a PMSI in respect of the Goods supplied, as it secures the purchase price of those Goods; (b) the Company provides value to You by supplying the Goods on credit terms, enabling You to acquire rights in the Goods; and (c) the Company may, at its discretion, register the PMSI on the Personal Property Securities Register ("PPSR") and You agree that the PMSI attaches to the Goods at the time You obtain possession of them.

d. You irrevocably authorise the Company to, at any time, register one or more Financing Statements or Financing Change Statements on the PPSR in relation to any Security Interest created by these Terms and Conditions. You must do all things and provide all information reasonably necessary to enable the Company to perfect its Security Interest, including: (a) ensuring that any information provided is complete, accurate, and up-to-date; (b) executing any documents and taking any actions required by the Company to ensure the Security Interest is enforceable, perfected, and otherwise effective; and (c) not granting any other Security Interest in the Goods without the prior written consent of the Company.

e. You undertake and agree:

(i). not to do, or allow to be done, anything which could adversely affect the Security Interest of the Company or the value of the Goods;

(ii). to provide the Company with at least twenty one (21) days prior written notice of proposed change to your name, ACN, ABN, or any other identifying details registered on the PPSR;

(iii). not to create or permit to be created any other Security interest in the Goods without the prior written consent of the Company; and

(iv). to do all things and provide all information reasonably necessary to enable the Company to perfect and enforce its Security Interest, including executing any documents, providing any information required for registration, and assisting the Company in exercising its rights under these Terms and Conditions and the PPSA, including the seizure and sale of any Collateral.

f. You agree to pay all costs and expenses incurred by the Company in connection with the registration, maintenance, enforcement, or discharge of any Security Interest under these Terms and Conditions.

g. To the extent permitted by law, you waive your rights to receive any notices or statements under sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA. Furthermore, You waive Your right to receive a verification statement in respect of any Financing Statement or Financing Change Statement registered by the Company.

h. If You are in default of Your obligations under these Terms and Conditions, the Company may, without prejudice to any of its other rights and remedies, exercise all the rights and remedies of a Secured Party under the PPSA, in addition to those conferred by these Terms and Conditions or at law.

i. This Security Interest is a continuing security and remains in full force and effect until you have paid all Secured Money in full and performed all of your obligations under this Clause.

9. Indemnity

i. Accountholder Indemnity

Subject to paragraphs (ii) and (iii) below, to the fullest extent permitted by law, the Accountholder indemnifies Company against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against Company or which Company may pay, sustain or incur as a direct or indirect result of any one or more of the following Accountholder or Cardholder (including respective employees, agents or contractors) acts or omissions:
a. any breach or non-performance of these Terms and Conditions;
b. any wrongful, fraudulent, willful or negligent act or omission;
except to the extent that the Company has caused or contributed to the claims, proceedings, demands, liabilities, losses, damages, expenses and costs.

ii. Liability to third parties

a. Each party is fully responsible to third parties for its negligence and strict liability. Except as expressly provided elsewhere in these Terms and Conditions nothing in these Terms and Conditions is intended to impair a party’s contribution and indemnity rights under law with respect to third party claims.

iii. Consequential Loss
a. To the fullest extent permitted by law, no party shall be liable under the law of tort, contract or otherwise for any loss of profits or savings or any indirect or consequential loss or damage howsoever caused, excepting losses arising as a result of the gross negligence or willful misconduct of that party.

10. Loss and Unauthorised Use of the Card

i. The Accountholder is responsible for ensuring the Card and PIN is protected against being lost, stolen or mislaid or subject to unauthorised or fraudulent use and shall procure the Cardholder to undertake the Cardholder responsibilities and obligations set out in these Terms and Conditions.

ii. You must immediately notify us by contacting Mobil Card Customer Service at 1300 173 435 or by emailing us at service@mobilcard.com.au or by notifying us through your Mobil Card Online Account Portal at myaccount.mobilcard.com.au , as soon as you or any Cardholder believes that a Card has been lost or stolen or used for an unauthorised transaction or if a new/renewal/replacement Card has not been received when due.

iii. For the purposes of notification under Clause 10(ii), notification by fax is not acceptable under these Terms and Conditions.

Please note that notifications submitted through the Mobil Card Online Account Portal are deemed to be received immediately, while notifications made by phone or email will only be monitored and actioned during our regular business hours (Monday to Friday, [as listed in the Contact Us section of the Mobil Card website] AEST). To ensure timely action, we recommend submitting notifications through your Mobil Card Online Account Portal if you are contacting us outside of business hours.

iv. If you have validly notified us in accordance with these Terms and Conditions that you believe a Card has been lost or stolen or used for an unauthorised transaction or a new/renewal/replacement Card has not been received, then you will not be liable for any unauthorised transaction occurring after such notification. The Company will take responsibility for the unauthorised use only after acknowledging the report in writing. You are responsible for all transactions prior to notification, except in cases where unauthorised use is caused by the Company’s negligence, breach of these Terms and Conditions, or failure to act promptly upon receiving the notification.

v. This clause does not limit your liability for fraudulent, illicit, deceptive, misleading or dishonest use of or act in respect of a Card or your Account or any unauthorised use that results from your failure to comply with these Terms and Conditions.

11. Expenditure Limit

i. We will notify you of the Expenditure Limit (inclusive of GST) when your Account is established. The Expenditure Limit will be shown on each Statement. We may, acting reasonably and subject to appliable law, vary the Expenditure Limit at our discretion . You must ensure that the Balance at any time does not exceed the Expenditure Limit and any excess is immediately payable as debt due on demand.

ii. We may at, our discretion and subject to our ongoing credit assessment, offer you a range of payment facilities and terms. These may be conditional on:
a. you completing our Application to our satisfaction and providing financial statements and other relevant information as requested from time to time;
b. if requested by us, the provision of security in a form acceptable to us, such as a guarantee, including a bank guarantee, in favour of the Company, from a financial institution/bank.
c. the provision of additional or replacement security where, in our reasonable opinion, your financial position or payment history indicates that performance of your obligations under these Terms and Conditions is, or is likely to become, impaired; and
d. on-going approval by our credit risk function.

iii. Where we reasonably consider that your ability, or that of a Related Entity, to meet payment obligations is, or is likely to become, impaired, we may vary or withdraw any payment facilities, payment terms, or security arrangements. In such circumstances, we may, acting reasonably:
a. decline authorization for transactions until overdue amounts are paid or satisfactory security is provided;
b. enforce any security provided and apply proceeds to amounts due; or
c. permit further transactions only on the basis of payment in full cleared funds prior to purchase.

iv. We may decline authorization of transactions where you are in breach of these Terms and Conditions, or where amounts payable by you or any Related Entity are overdue, or where, acting reasonably, we believe that payment obligations are unlikely to be met. Any amount due in such circumstances will become immediately payable. To the extent permitted by law, we will not be liable to you or any Related Entity for loss or damage arising from declining authorization of transactions as per these Terms and Conditions.

v. To assist us in determining whether you are, or are likely to be, able to comply with your obligations under these Terms and Conditions, you must, upon request, provide us with financial and related information reasonably required to assess your financial status. If there is a change in your financial condition, or that of any guarantor, which may affect performance of obligations, you must notify us promptly. Failure to provide such information or notify us of such changes will constitute a material breach of these Terms and Conditions.

12. Statements

i. We will issue a Statement for each Billing Period in which (a) any amount has been charged or credited to our Account, or (b) any amount remains outstanding. Statements will be delivered electronically to your nominated email or made available via our Mobil Card Online Account Portal. Delivery shall be deemed to occur (a) when the Statement is first made available in the Mobil Card Online Account Portal, or (b) when transmitted to your nominated email address, in each case in accordance with the Notices clause. At your request, and subject to any applicable fee specified in the Fee Schedule, we may agree to provide paper Statements.

ii. Each Statement will set out the Balance payable for the Billing Period, the due date for payment, and any Late Payment Charge that may apply if payment is not received on time. We may make corrections to errors by issuing an amended Statement or by including an adjustment on a subsequent Statement.

iii. You must promptly review each Statement. If you believe a Statement contains an error or discrepancy, you must notify us in writing within thirty (30) calendar days of the Statement date, with reasonable details and supporting materials. Lodging a query does not suspend or defer your obligation to pay undisputed amounts by the due date. In the absence of manifest error, and unless you have notified us within thirty (30) day period, each Statement will be conclusive evidence of the transactions and amounts set out in it.

13. Payment of Account and Collections

i. The Balance shown on a Statement is due and payable in full on the date specified in the Statement.

ii. Without prejudice to the Company’s other rights under these Terms and Conditions, we may, by written notice, require immediate payment of any amount on the Account if:
a. you are in breach of these Terms and Conditions; or
b. if we reasonably believe there is a material risk that you may not be able to pay when due. Any amount so demanded becomes immediately due and payable; or
c. in the event of a Notification Event.

iii. Payments must be made by direct debit, or other methods we approve. Payments are deemed received when credited in cleared funds to the account we nominate. All payments must be made in Australian dollars. If we accept payment in another currency, we may convert it into Australian dollars at a rate determined by us on the date of processing that payment. If we cannot identify the Account to which a payment relates, crediting may be delayed until identified.

iv. Unless otherwise agreed direct debit and credit card payments will be processed 21 days after the issue of a Statement. If a due date falls on a non-Business Day, payment must be made on the preceding Business Day. Payments made after 4pm (Melbourne time) on a Business Day or on a day that is not a Business Day will be treated as if made on the following Business Day.

v. We may apply any payments received from you toward any outstanding amounts on your Account, including fees, charges, or interest, in any order or manner we determine, unless otherwise agreed in writing. Acceptance of any payment, whether partial or full, does not waive our right to recover any outstanding amounts, including accrued charges or interest, nor does it affect your obligations under these Terms and Conditions .

vi. Payments sent to us by post or through third parties, are at your risk until received by us in cleared funds.

vii. If a payment is dishonoured, you remain liable for the dishonoured amount together with any dishonour fee and our reasonable costs of collection, including legal and agency costs.

viii. Without prejudice to our rights, if you fail to pay any amount when due, are in breach of these Terms and Conditions, or a Notification Event occurs, we may suspend performance, effect immediate termination of your Account, or exercise rights against any collateral provided and and apply the proceeds against any amounts due to us.

ix. Where we have approved payment facilities and payment terms for the Accountholder in writing, payment must be received by us in accordance with those terms. When a payment would otherwise fall due on a non-Business Day payment must be made on the preceding Business Day.

x. if an error is identified in a Statement or invoice, we may issue an amended Statement or invoice or make adjustment in a subsequent Statement. You must pay in accordance with the corrected Statement or invoice.

xi. Without prejudice to any of our rights, if you do not pay the Balance in full by the due date, then we may charge interest on the outstanding/overdue amount at the lesser rate of the Bank Accepted Bills/Negotiable Certificates of Deposit-3 months EOD rate as published by the Reserve Bank of Australia website at www.rba.gov.au/statistics/tables - Interest Rates and Yields – Money Market – Daily – F1 (Reference Rate) plus 10 percent per annum, or the maximum rate, if any, allowable under applicable local law. The interest charge will be calculated daily from the due date until we receive full payment. The Reference Rate used will be the effective rate on June 1 (or first working day) of each year and may be adjusted annually. We reserve the right to adjust the Reference Rate more frequently when there is material change in local market conditions.

xii. All payments to be made by you under these Terms and Conditions must be made without any withholding, set-off, counterclaim or deduction.

xiii. We may at any time, and without notice to you, apply, combine, consolidate or merge:
a. any amounts standing to your credit in any account you hold with us or our Related Entities; and,
b. any amounts owing by us or our Related Entities, whether under these Terms and Conditions or otherwise.

14. Fees and Charges

i. You are liable for, and we may charge to your Account, in addition to any other amount payable under these Terms and Conditions:
a. all government duties, taxes (including Goods and Service tax) and charges now or in the future imposed in connection with your Account, any Card transaction, or the supply of Petroleum products, other Products or Other Goods & Services; and
b. any fees or charges specified in the Fee Schedule, or otherwise notified to you in writing in accordance with these Terms and Conditions;

ii. We reserve the right to vary, introduce or withdraw any fee or charge by giving you 15 Business Days’ prior written notice.

iii. There is no entitlement to a refund or pro rata payment of any fees if an Account is closed.

iii. You must pay to us any fee attributed to your Account in the manner and frequency specified in the Fee Schedule or otherwise confirmed in writing. Some fees are payable irrespective of whether a Card or your Account is used during a Billing Period, to reflect the administrative and system costs of maintaining your Account.

v. A credit card processing fee may apply, please refer to the Fee Schedule or your direct debit / credit card service agreement.

15. Refunds

i. We will credit your Account with a refund in respect of any amount charged to your Account in respect of a transaction if we receive a credit voucher or other refund verification that is acceptable to us from the relevant Merchant.

ii. To the extent permitted by law, we are not responsible for any failure or delay by a Merchant in providing a credit voucher or refund verification. Your entitlement to a refund is against the Merchant, and our obligation is limited to crediting your Account once we receive proper verification.

16. Cancellation of Cards

i. We may cancel any Card by giving you not less than 15 Business Days’ prior written notice. However, we may cancel a Card immediately without notice if we reasonably believe that:
a. the Card or your Account has been, or maybe, used for any fraudulent, illicit, deceptive, misleading, dishonest or unauthorized purpose; or
b. continued use of the Card may result in loss to us, a Merchant, or any other person, or may involve a breach of law.

ii. We will cancel a Card if you or the relevant Cardholder requests cancellation as per these Terms and Conditions. If your Account is closed as per these Terms and Conditions, all Card linked to your Account will be cancelled without further notice.

iii. Any Card that is cancelled must not be used and must be immediately destroyed, unless we request it to be returned.

iv. For the sake of clarity, cancellation of a Card does not affect or limit your obligations that arose prior to such cancellation.

17. Account and Card Suspension

i. We may suspend the use of your Account or any Card immediately, with or without prior notice, if we reasonably believe that:
a. you are in default under these Terms and Conditions (including, without limitation, in default of any payment obligation); or,
b. if you are in default under any other agreement with us or our Related Entities and such default in our reasonable opinion, has a material adverse effect on your ability to perform your obligations under these Terms and Conditions; or
c. a Card or your Account has been, or may be, used fraudulently, dishonestly, or in an unauthorized manner by you or a third party; or,
d. suspension is necessary to prevent or mitigate loss to you, us, a Merchant, or any other person.

ii. During any period of suspension, you and each Cardholder must not use the suspended Card or Account. Suspension does not affect or limit your obligations under these Terms and Conditions, including your obligation to pay all amounts owing when due.

iii. We will notify you promptly once your Account or the relevant Card has been reactivated or reinstated.

18. Other agreements

i. These Terms and Conditions apply in addition to any other written agreement between you and us or our Related Entities. If there is any inconsistency between these Terms and Conditions and another agreement, the terms of the other agreement will prevail to the extent of inconsistency, unless expressly stated otherwise.

ii. You acknowledge and agree that:
a. your default under these Terms and Conditions, if specified in another agreement, constitute a default under that agreement; and
b. your default under another agreement with us or our Related Entities may constitute a default under these Terms and Conditions where, in our reasonable opinion, the default has or is likely to have a material adverse effect on our legitimate interests in connection with your Account or any related facility.

19. Variation

i. We may vary these Terms and Conditions (including varying a fee or charge or imposing a new fee or charge) by providing 15 Business Days’ prior written notice for any material changes. We may make minor variations without notice. Any new version of the Terms and Conditions will be available at www.mobil.com.au for your reference.

ii. No variation, amendment or additional term proposed by you, whether contained in a purchase order, invoice, acknowledgement or other document, will bind us unless expressly agreed by us in writing.

20. Notices

i. Subject to these Terms and Conditions, any notice, demand or other communication given or made under these Terms and Conditions must be:
a. in writing; and,
b. if given or made by you, signed by you or (if you are a body corporate) one of your authorised officers; and,
c. delivered to the intended recipient by email, prepaid post, or hand to the email address or physical address or registered office, set out below for Company, and will be taken to have been given or made:
1. if delivered in person, when delivered to the addressee;
2. if posted by registered post or courier, on the date indicated in the delivery acknowledgement receipt (proof of delivery document) issued by the registered post or courier;
3. if sent by email, on the date and time which it enters the addressee's information system (as shown on a confirmation of delivery report from the sender's information system, which indicates that the email was sent to the email address of the addressee notified for the purposes of this Clause),
but if the delivery or receipt is on a day which is not a Business Day or is after 4.00 pm (addressee's time) it is deemed to have been received at 9.00 am on the next Business Day

iii. For the purpose of providing notice, our contact details are (unless we otherwise notify you):

Mobil Card Customer Service, GPO Box 5342 Melbourne VIC 3001, Phone: 1300 173 435, Email: service@mobilcard.com.au

iv. For the purpose of providing notice, your contact details are (unless you otherwise notify us in accordance with Clause 21) the details provided in your Application for the Account or updated and reflected as such in the Mobil Card Online Account Portal.

21. Change of Details

i. You must notify us in writing:
a. promptly, and in any event within 10 Business Days, of any change in your name or address; and,
b. promptly, and in any event within 10 Business Days, of any change in the name of a Cardholder whose name appears on a Card; and,
c. immediately upon the occurrence of a Notification Event.

If we ask you to provide us with the name and address of any Cardholder you must do so immediately and, in any event no later than 3 Business Days after we ask you

22. Disputes

i. If you dispute any amount charged to your Account, you must notify us promptly by contacting Mobil Card Customer Service at 1300 173 435 or by emailing us at service@mobilcard.com.au or by notifying us through your Mobil Card Online Account Portal at myaccount.mobilcard.com.au . You must provide us with written confirmation of your claim and any supporting evidence upon request and in case no later than 30 days from the date of the Statement.

ii. A notice given under this clause is for the purpose of raising a billing dispute only and does not replace the formal notice requirements in Clause 20.

ii. For clarity, notice lodged through the Mobil Card Online Account Portal is deemed received immediately. Notices lodged by phone or email are deemed received when actioned by us during our normal business hours.

23. General

i. You must not use, offer, display or apply any Company branding, signage, trade mark or other intellectual property except with our prior written consent. No licence is granted or implied. Any goodwill arising from permitted use accrues to the Company and must cease immediately upon our request.

ii. Notwithstanding anything to the contrary herein, nothing in these Terms and Conditions is intended, and nothing herein shall be interpreted or construed, to induce or require either Party hereto to act or refrain from acting (or agreeing to act or refrain) in any manner which is inconsistent with, penalised or prohibited under any laws, regulations or decrees of the United Kingdom or the United States of America or other official government rules or requirements applicable to such Party which relate to foreign trade controls, export controls, embargoes or international boycotts of any type or bribery or corrupt practices or money laundering. All documentation provided by one party to the other party shall reflect properly the facts about all activities and transactions handled for its account. Each party agrees to notify the other promptly upon discovery of any instances where that party has not complied with the requirements of this Clause.

iii. A failure, delay, relaxation or indulgence by a party in exercising any power or right conferred on the party by these Terms and Conditions does not operate as a waiver of the power or right. A single or partial exercise of the power or right does not preclude a further exercise of it or the exercise of any other power or right under these Terms and Conditions. A waiver of a breach does not operate as a waiver of any other breach.

iv. We may at any time assign, transfer or novate all or any of our rights and/or obligations under these Terms and Conditions to a Related Entity, successor, financier or any third party involved in the Mobil Card program (including a processor, issuer or receivables purchaser) by notice to you. From the effective date stated in our notice:
1. in the case of an assignment or receivables transfer, you must pay the amounts due to the account or payee we notify and we may disclose information reasonably necessary to effect or administer the transfer; and
2. in the case of a novation, the transferee assumes our future obligations and we are released from those obligations accruing after the effective date, and all accrued rights and liabilities up to that date are preserved.
3. Any transfer or novation under this clause will not materially diminish your statutory rights or increase your substantive obligations under these Terms and Conditions (other than administrative matters such as updated payment instructions or contact details).

You must not assign, novate, transfer, declare a trust over, grant a security interest in, or otherwise deal with, any right or obligation under these Terms and Conditions without our prior written consent. Any purported dealing in breach of this clause is void. Our consent may be made conditional (including on satisfactory KYC/AML, provision or replacement of any security or guarantee, payment of amounts then due, or execution of documents we reasonably require).

v. These Terms and Conditions are governed by and must be construed in accordance with the laws of the State of Victoria. The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of these Terms and Conditions.

vi. If any provision of these Terms and Conditions should be for any reason invalid or unenforceable, it is severed to the extent of the invalidity, illegality or unenforceability, and the validity and enforceability of all other provisions shall remain unaffected.

vii. The relevant laws applying to electronic transactions shall apply to these Terms and Conditions in full. To the extent permitted by law, the parties agree that any matter set out in these Terms and Conditions maybe evidenced through electronic communication and all records relating to these Terms and Conditions including these Terms and Conditions itself, maybe retained in electronic form which, in the absence of manifest error on the face of the document, shall be conclusive and binding on the parties.

viii. Except as otherwise expressly provided herein, each party shall be responsible for all costs and expenses (including any taxes imposed on such expenses) incurred by it in connection with the negotiation, preparation, execution, delivery, procurement of securities or bank guarantees and performance of these Terms and Conditions or any collateral contract or arrangement and the transactions contemplated by these Terms and Conditions or any collateral contract or arrangement (including the fees and disbursements of legal counsel, bankers, investment bankers, accountants, brokers and other advisers).

xii. Neither party is liable for any failure or delay in performing its obligations under these Terms and Conditions, other than an obligation to pay money when due) to the extent caused by Force Majeure event.

The affected party must:
(i) promptly notify the other party of the Force Majeure event and its expected duration;
(ii) make commercially reasonable efforts to mitigate the impact of the cause of non-performance and remedy the same, and (iii) resume performance under these Terms and Conditions as soon as reasonably practicable.

If the Force Majeure event affecting the Accountholder continues for more than 30 days, we may suspend services or terminate these Terms and Conditions by written notice.

xiii. Obligations of confidentiality
a. Each party (Receiving Party) receiving, possessing or otherwise acquiring confidential information of or relating to any other party (Disclosing Party) acknowledges that such confidential information is the property of and confidential to or a trade secret of the Disclosing Party. Except as noted below, the Receiving Party must:
i. keep that confidential information confidential and not directly or indirectly disclose, divulge or communicate that Confidential Information to, or otherwise place that confidential information at the disposal of, any other person without the prior written approval of the Disclosing Party;
ii. take all reasonable steps to secure and keep secure that confidential information; and
iii. not memorise, use, modify, reverse engineer or make copies, notes or records of that confidential information for any purpose other than in connection with the performance by the Receiving Party of its obligations under these Terms and Conditions.
b. Each party hereby undertakes to keep confidential all the matters set out in these Terms and Conditions together with any information relating to the other party, its operations and business arrangements to which the party becomes privy as a result of entering into these Terms and Conditions. This obligation shall continue, notwithstanding the termination of these Terms and Conditions, for a period of three (3) years from termination of these Terms and Conditions.
c. Subject to Clause xiii (d) below, the obligations of confidentiality under Clause xiii do not apply to any information that:
(i) is generally available to the public (other than by reason of a breach of this Contract); or
(ii) is required to be disclosed by any applicable law, valid order of a court or government agency of competent jurisdiction.
d. In the event the Receiving Party is required to disclose any Confidential Information pursuant to Clause xiii (c) (ii) above, the Receiving Party shall:
(i) promptly notify the Disclosing Party of such requirement prior to making such disclosure;
(ii) co-operate with the Disclosing Party in any efforts to obtain a protective order or other appropriate remedy; and
(iii) disclose only that portion of the Confidential Information which it is legally required to disclose.

xiv. We may subcontract any part of the performance of our obligations (including processing, billing, collection, KYC, customer service and IT/hosting) without your consent.

24. Privacy Act Authorisations

i. By submitting your Application and using a Card or Account you agree and acknowledge that you are (or may be) providing personal information for the primary purpose of assessing your Application, administering the Card arrangements and providing Mobil Card Products and Other Products. You acknowledge that we may use the personal information provided by you for additional purposes including:
1. give to a credit reporting agency personal information about you contained in the Application or otherwise acquired by us and which is permitted to be kept on a credit information file;
2. obtain a consumer credit report containing information about you from a credit reporting agency for the purpose of assessing your Application or for the purpose of collecting overdue payments relating to commercial credit provided by us to you;
3. exchange information about you with any credit providers named in this Application or named in a consumer credit report issued by a credit reporting agency:
i. to assess an Application for credit by you;
ii. to notify other credit providers of a default by you;
iii. to exchange information with other credit providers as to the status of your account where you are in default with other credit providers; or
iv. to assess your credit worthiness; and you understand that the information exchanged can include anything about your credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988;
4. produce your Application or a reproduction of it as evidence of your Application for the Card and of the Acknowledgements;
5. use your personal information for additional purposes including planning, product development, marketing communications, special offers and research;
6. provide you with, or arrange for a third party to provide you with, marketing information including special offers for Accountholders / Cardholders (if you do not wish to receive any marketing offers, please call us on 1300 173 435);
7. exchange information about you with your nominated referees or any person who has introduced you to us;
8. in the case of a Card that is co-branded or fully branded with a Company affiliate, authorised third-party or customer, disclose and exchange personal information about you and once approved, information about your use of the Card to that partner.
9. disclose to our related entities, authorised third parties, and service providers including but not limited to bankers, electronic interface switch providers, roadside assist service providers, printers, insurance companies, mail houses, solicitors, auditors, professional advisers and debt recovery agents with whom we have a contract such of the personal information as is necessary by us to enable us to manage your account or to promote our or their products and services;
to enable us to assess your Application, which includes Applications for a Card that is co-branded or fully branded with a Company affiliate, authorised third-party or customer. Without this information, we may not to be able to process your Application.

iii. We acknowledge that you may, without charge, request a copy of any personal information about you held by us by writing to us at:

Mobil Card Customer Service, GPO Box 5342 Melbourne VIC 3001

You can obtain more information about how we collect, store, use and disclose personal information by accessing our Privacy Statement on our website at:
https://www.mobil.com.au/en-au/mobil-card/acknowledgements-privacy