Mobil Card Standard Terms and Conditions
These are the Standard Terms and Conditions (“Terms and Conditions”) of the creation and operation of a Mobil Card account (the “Account”) by Mobil Oil Australia Pty. Ltd. ABN 88 004 052 984 (the “Company”) to be used for purchases using Mobil Card.
Accountholder may also have a Mobil Card Customer Agreement (Customer Agreement) with Company (which expressly incorporates these Standard 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;
- Reference herein to Terms and Conditions shall mean the Customer Agreement incorporating these Terms and Conditions.
These Terms and Conditions govern the use and operation of your Account and any and all Cards.
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.
It is your responsibility to maintain your understanding of these Terms and Conditions, as available and updated from time to time at mobil.com.au.
Before using a Card or authorising the use of any Card you should read these Terms and Conditions carefully.
If you do not understand any of these Terms and Conditions please contact us.
Should you prefer to not accept these Terms and Conditions you must immediately destroy all Cards, confirm as such in writing to Company and not use the Account in any way. If you do not you will be deemed to have accepted these Terms and Conditions.
Purpose and Use of Mobil Card
Mobil Card is a charge card and as such, is a facility to enable Accountholder and Cardholders to make purchases and which enables Accountholder to impose certain controls on Cardholders and to monitor the same. It is an essential term that Accountholder pays Company in accordance with these Terms and Conditions. Any credit arrangements relate to the operation of the charge card in accordance with these Terms and Conditions. Mobil Card is not a loan account nor any sort of money lending facility.
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;
Application means the original, and any subsequent, application made by an applicant to open the Account which may be in writing, via the internet or made verbally via telephone to Company and requires acceptance of these Terms and Conditions as part thereof;
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 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 a weekday that is not a public holiday or bank holiday 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 transaction, daily, weekly, monthly or other limits or restrictions placed on a Card by Accountholder or Company;
Cardholder means you and any person authorised by you to use a Card and references to Cardholder or procuring or ensuring any performance by Cardholder shall be construed as applying to you and any such person;
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 12 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 variation to fees in future as notified to Accountholder;
Late Payment Charge means the amount that may be charged to you if you do not pay the Balance by the time specified in the relevant Statement or an amount otherwise payable by you in accordance with the Fee Schedule or these Terms and Conditions and charged to your Account, when demanded by us;
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 is or is reasonably likely to be appointed over you or any of your assets or an application or order is made, proceedings are commenced, a resolution is passed or proposed in a notice of meeting, an application to a court is made or other steps are taken for you 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 or a petition for your bankruptcy is issued (except where the petition is no longer in force); or,
- you are a company, and an application or order is made, proceedings are commenced, a resolution is passed or proposed in a notice of meeting, an application to a court is made or other steps are taken for your winding up, deregistration, dissolution or administration or for the appointment of a receiver or receiver and manager over any of your assets or any of these events are reasonably likely to occur;
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 Petroleum Products 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;
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
i. These Terms and Conditions are deemed accepted as per Clause 3 and will take effect in full at the time at which your Application is accepted by Company.
ii. If we accept your Application we will open an Account in the name of you or your business entity. Upon opening the Account we will, at our discretion, issue the Cards you applied for.
iii. If you ask us to we will, at our discretion, issue additional Cards from time to time.
iv. Any amount payable under these Terms and Conditions will be charged to your Account and recorded in a Statement.
v. You warrant that the use of Cards will wholly or predominantly be for business purposes, and Company has the unfettered right to terminate at any time if it forms the view that the Card is not being so used.
3. Acceptance of Terms and Conditions
i. You are deemed to have accepted these Terms and Conditions, which we rely on, as part of and when you make an Application to us; or, if for some reason above is not effective, upon signing, or using or attempting to use the Card, whether by a Cardholder or any other person.
ii. You acknowledge the Purpose and Use of Mobil Card and that it is issued subject to the fees as set out in, or contemplated by the Fee Schedule attached to these Terms and Conditions.
iii. Neither the Accountholder nor Cardholder can assign or pass on the obligations under these Terms and Conditions to any other person or entity.
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. Accountholder may terminate Account by giving Company 15 Business Days’ prior written notice of such termination and immediately making payment in full of any outstanding monies owing to Company whether or not date for payment has arrived.
iii. Company may terminate your Account at any time with or without notice or reason, for example, in the event 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 where Company in its opinion reasonably believes that there may be risk of loss to or breach of law by Company, Merchant or others. However, we will endeavour to provide notice where reasonable to do so.
iv. Upon the cancellation or termination of the Account by the Accountholder or Company, the Accountholder will immediately destroy, or return to us if requested, all Cards which may be used to access the Account or, where not all Cards are so destroyed or returned, explain to our satisfaction why the outstanding Cards cannot be destroyed or returned. All amounts outstanding and owing to the Company by the Accountholder shall become immediately due and payable to Company whether or not demand is made.
v. 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; and,
b. you have destroyed, or returned to us if requested, all Cards which may be used to access the Account or, where not all Cards are so destroyed or returned, explained to our satisfaction why the outstanding Cards cannot be destroyed or returned; and,
c. all amounts outstanding on the Account have been paid in full.
vi. Closure of the Account does not affect or limit your obligations under these Terms and Conditions.
vii. The Accountholder shall remain liable for and shall pay to us all charges incurred in respect of any Card prior to and after the termination, revocation, suspension or cancellation of the Account and/or any Card.
5. The Card
i. At all times the Accountholder must procure Cardholder:
a. to keep the Card in a safe place at all times and ensure no-one else uses it.
b. if 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, and keep the PIN in a safe place at all times, and ensure no-one else uses it.
6. Using the Card
i. The Accountholder agrees that it will use the Card and will procure Cardholder to use any Card only in accordance with these Terms and Conditions and will guarantee the observance of these Terms and Conditions by all its Cardholders.
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 as embossed on the Card from a Merchant or Non-Fuel Merchant and within any limitations or markings designated on the Card or applied by Accountholder to the Card or Account which may not be visible on the Card;
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 terminated or suspended by Accountholder or Company, the Card has been cancelled or has expired or the Account has been closed 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. By way of example, a Cardholder shall not use the Card for multiple transactions within a close common time frame when an aggregated single transaction would otherwise breach a Card Limit, nor allow any Merchant to transact multiple transactions within a close common time frame when an aggregated single transaction would otherwise breach a Card Limit. For the avoidance of doubt a single purchase is a purchase by Cardholder of one or more Petroleum Products, Other Products and/or Other Goods & Services within a close common time frame which if completed in aggregate in one transaction, is within the Card Limits.
v. You acknowledge and agree that we have the right to refuse authorisation for any transaction without cause or prior notice and that we shall not be liable to you, a Cardholder nor anyone else for loss or damage resulting from such refusal.
vi. Unless a particular restriction is required by Company, Accountholder acknowledges that it is Accountholder’s responsibility to activate appropriate Card Limits to restrict or alert them to out-of-limit usage of each Card.
vii. It is the Accountholder’s responsibility to advise all their Cardholders of any purchase restrictions applicable on the Card, and to ensure compliance with these restrictions and Terms and Conditions.
viii. It is the Accountholder and/or Cardholder’s responsibility to check that all details on the Merchant receipt are correct and retain the receipt for the purposes of the Accountholder’s own record, taxation and reconciliation requirements.
ix. No purchases shall be made using a Card after its cancellation, expiry or termination.
7. Ownership and Replacement Cards
i. Each Card remains the property of Company and must not be altered or defaced. A Card is not transferable. If, for any reason, we cancel a Card or terminate your Account, you must destroy relevant Cards, or if we ask you to return a Card you must immediately do so.
ii. If you no longer need a Card or a Cardholder leaves your employment or ceases to be authorised to use a Card you must immediately destroy the Card.
iii. If any Card is not destroyed or returned to us as required by these Terms and Conditions, you are liable for, and must indemnify us on demand in respect of, any subsequent use of the Card by any person.
iv. Company will replace any lost, stolen or damaged Card, at the Accountholder’s request and on payment of any applicable fees, provided the Accountholder is 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. Company may charge a fee for a replacement Card which will be payable by Accountholder.
i. You are liable to pay us all amounts charged to your Account pursuant to these Terms and Conditions. Except as set out in Clause 11 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; or
- the Card is used by a person other than the Cardholder; or
- the Card, or any other Card, has been cancelled.
ii. You acknowledge that you are liable to pay when due all charges incurred arising from, or in relation to, the use of any Card issued at your direction.
iii. We may also charge to your Account any fees, charges or other amounts payable to us by you pursuant to these Terms and Conditions and the Fee Schedule.
iv. 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.
v. 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.
vi. Company makes no representation that any or all Mobil Card Products that Accountholder or Cardholder seeks to purchase will be available for purchase at a particular Merchant Site at any time.
vii. Company makes no representation that Card PIN can be enacted as a form of control at all Merchant Sites. Merchant is responsible for Card processing on the Merchant Site and Company makes no warranty that if Card has PIN functionality set up, that a PIN will be required for use at any or all Merchant Sites.
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.
9. Title and Risk
i. Title and risk of loss of or damage to 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.
i. Accountholder Indemnity
Subject to paragraphs (ii) and (iii) below, to the fullest extent permitted by law, the Accountholder at all times 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 or any collateral contract or arrangement;
b. any unauthorised representation made or warranty in connection with any Petroleum Products sold under these Terms and Conditions or any collateral contract or arrangement;
c. the delivery, unloading, discharge, storage, handling or use of any Petroleum Products sold under these Terms and Conditions;
d. any wrongful, fraudulent, wilful or negligent act or omission.
ii. Liability to third parties
a. Each party is fully responsible to third parties for its (and in the case of Accountholder also for Cardholders and other users of Cards) negligence and strict liability. Except as expressly provided elsewhere in these Terms and Conditions or any collateral contract or arrangement nothing in these Terms and Conditions or any collateral contract or arrangement 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 wilful misconduct of that party.
11. Loss and Unauthorised Use of the Card
i. The Accountholder is responsible for the ensuring the Card and PIN is protected against being lost, stolen or mislaid or subject to unauthorized 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 use your best endeavours to secure the return to us of any Card that has been lost or stolen.
iii. You must immediately notify us by phone or in writing 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.
iv. In order for notification by phone to constitute a valid notice under these Terms and Conditions, you must note and keep a record of the time, date and person you spoke to and promptly confirm your notice to us in writing.
v. 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:
- if that Card bears the name of the Cardholder and has a signature verification panel that has been signed by the Cardholder, the maximum total amount you will have to pay for any unauthorised transaction using the Card that is entered into at any time after the date we first receive your notification will be $100 excluding goods and services tax; and,
- in any other case, including if the Card does not have a signature verification panel or has a signature verification panel that is damaged so as to preclude interpretation. or has not been signed by the Cardholder, you will not have to pay for any unauthorised transaction using the Card entered into at any time after the period ending 30 calendar days after the date we first receive your notification.
vi. Notwithstanding this Clause, if you or a Cardholder are involved in an unauthorised transaction or the non-receipt of the new/renewal/replacement Card, your obligation to pay amounts charged to the Account will not be affected or limited by this Clause 11.
12. Expenditure Limit
i. We will notify you of the Expenditure Limit (inclusive of GST) at the time you open the Account. We may vary the Expenditure Limit at any time by notice to you in writing. Your Expenditure Limit will also be set out on each Statement. You must ensure that the Balance at any time does not exceed the Expenditure Limit.
ii. Company may at its discretion but after consultation where practicable, with the Accountholder, offer the Accountholder a range of payment facilities and payment terms, subject to:
a. the Accountholder completing Company's Application to Company’s satisfaction and providing financial statements as requested from time to time;
b. if requested by Company, the provision of a suitable amount of security in the form of a bank guarantee from the Accountholder in favour of Company (in a form and from a bank acceptable to Company). Other forms of security may be required by Company at its discretion in support of the payment facilities offered, including in circumstances where the prospect of performance by the Accountholder of its obligations (including payment obligations) under these Terms and Conditions is impaired or likely to become impaired. If Company requires additional security the security must be provided immediately in the manner and form required by Company; and,
c. on-going approval by Company's credit risk function prior to any deliveries being released to the Accountholder.
iii. Company after consultation where practicable with the Accountholder, may vary or withdraw payment facilities, payment terms, and the amount and type of security required to provide credit at any time including by doing so in circumstances where the Accountholder or any of its Related Entities fails to pay or in Company’s opinion is unlikely to pay, when due, any amounts payable by the Accountholder or any of its Related Entities to Company or to any of Company's Related Entities (whether under these Terms and Conditions or otherwise). If Company withdraws credit terms, Company may, in its absolute discretion:
a. suspend supply until Accountholder remedies any overdue payment and/or provides security satisfactory to Company in its discretion;
b. exercise its rights against any security provided by the Accountholder and apply the proceeds against amounts due and owing under these Terms and Conditions; and,
c. supply Petroleum Products to the Accountholder only on the basis of payment in full in cleared immediately available funds prior to supply.
iv. Given the Purpose and Use of Mobil Card, Company reserves the right, after consultation where practicable with the Accountholder, to withhold supply where the Accountholder (or any of its related bodies corporate) is in breach of these Terms and Conditions or fails to make any payment on time or in Company’s opinion is unlikely to pay, when due, any amounts payable by the Accountholder or any of its Related Entities to Company or its related bodies corporate, whether under these Terms and Conditions or otherwise. Where Company ceases supply under this Clause 12.iv, any amounts due will become payable immediately. Company shall not be liable in any way to the Accountholder or its related bodies corporate for any losses or damages incurred as a result of failure to supply Petroleum Products.
v. Under Company’s credit policy, completion and execution of separate Applications may be necessary for Accountholder’s Petroleum Product supply. Applications for these goods or services will be treated separately, and acceptance of one Application does not guarantee or imply acceptance of subsequent Applications.
vi. To assist Company to determine whether the Accountholder is, or is likely to be, able to comply with its obligations under these Terms and Conditions, and to facilitate Company's periodic review of the extent of the credit provided to the Accountholder, the Accountholder, upon request must provide Company with sufficient information, to determine the financial status and viability of the Accountholder, in a format acceptable to Company, that will enable Company to determine whether to provide credit to the Accountholder and/or require security in respect of any credit provided. If, Accountholder’s financial condition significantly changes affecting the ability of Accountholder to perform its obligations hereunder, then Accountholder shall notify Company of such change. If the financial condition of the entity providing a guarantee of Accountholder significantly changes, including a downgrading of its rating or otherwise affecting the ability of the guarantor to perform its obligations hereunder, then Accountholder shall notify Company of such change and co-operate with Company in the exercise by Company of its rights hereunder.
i. We will send a Statement to you as soon as practicable after the end of each Billing Period if:
a. any amount has been charged or credited to your Account since the date your Account was opened or, if later, the date of your previous Statement; or,
b. there is any amount outstanding on your Account.
ii. The Statement will show the total amount payable by you to us (this is the Balance or the “amount due” shown on the Statement) for the Billing Period and when payment must be received in order to avoid the charging of a Late Payment Charge. You will be deemed to have received each Statement upon the earlier of its actual receipt by you or the time set out under the ‘Notices’ Clause in these Terms and Conditions.
iii. Should the Accountholder have any disputes with Statements received from Company, this should be immediately notified to Mobil Card Customer Service as detailed on Statements.
iv. You will promptly and carefully examine your account transaction information to ensure that all transactions have been properly and correctly recorded. You will notify us within 60 Business Days of the date payment is due of any errors or discrepancies. If you do not notify us within that 60 Business Day period, you accept that the account transaction information is valid and correct.
14. Payment of Account and Collections
i. The Balance shown on a Statement is due and payable to us on the date specified or described in the Statement. We may also, at any time without limitation, demand immediate payment of any charge made to the Account by sending a written demand to you. If we do this, the amount demanded becomes immediately due for payment.
ii. You shall pay amounts to us only by direct debit or, if we have consented, by direct credit, or credit card payable to the entity specified on your Statement. 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.
iii. All payments must be made in Australian dollars. If we allow a payment to be made in a currency other than Australian dollars, we will convert that payment into Australian Dollars at a rate determined by us on the date of processing that payment. If you make a payment and we (acting reasonably) cannot identify the Account to which the payment relates, we will not be responsible for the payment not being credited to your Account.
iv. Direct debit and credit card payments will be made 21 days after the issue of a Statement, unless Company otherwise agrees with Accountholder.
v. We may revise acceptable payment methods for your Account at any time, at our sole discretion. We may revise your payment terms at our sole discretion. If you disagree with these revisions you may terminate your Account under the terms specified in these Terms and Conditions.
vi. We may, at our discretion, accept late or part payments or a payment described as being in full or in settlement of a dispute. Our agreement to do so does not constitute a waiver of any of our rights under these Terms and Conditions or at law and does not mean we agree to a variation to these Terms and Conditions.
vii. We accept no responsibility in respect of payments sent to us by post (including where post or contents are not received by us or are received by us late) or payments made to other persons for transmission to us. All payments are at your risk until received by us, credited to your Account and cleared.
viii. Regardless of payment instrument, if a payment from you or from another person on your behalf is not honoured in full for any reason, you are liable to pay us the dishonoured payment fee, the dishonoured amount plus our reasonable collection costs and fees. You are not released from your obligation to make the payment itself.
ix. Accountholder shall pay all costs, reasonable legal fees, and collection agency commissions incurred by Company arising from Accountholder's default on any amount due and owing to Company under these Standard Terms and Conditions, detailed as debt collection fees in the Fee Schedule.
x. Without limitation and at any time, we may suspend performance, effect immediate termination of any agreement under which your Account operates, exercise rights against collateral and apply the proceeds against any amounts due to Company.
xi. Company reserves the right to recover from the Accountholder all amounts for purchases on Cards which appear on the Statement.
xii. Where Company has approved payment facilities and payment terms for the Accountholder in writing, payment must be received by Company within these terms. When a payment would otherwise fall due on a non-Business Day payment must be made on the prior Business Day.
xiii. Whilst every effort will be made to apply correct invoicing procedures, Company reserves the right to revert to the Accountholder with an amended Statement in the event that an error has been made, and the amount and/or price of the Petroleum Product was incorrectly invoiced initially. In that case, the Accountholder agrees to accept the amended Statement and make full payment in accordance with the agreed payment terms.
xiv. Without prejudice to the other rights of Company, if Accountholder does not pay Balance in full by the due date, then Company reserves the right to charge interest on the outstanding 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 Company receives 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. Company reserves the right to adjust the Reference Rate more frequently when there is material change in local market conditions.
xv. The obligation to pay interest, if enacted by Company, on overdue amounts shall survive the termination of these Terms and Conditions.
xvi. All payments to be made by the Accountholder to Company under these Terms and Conditions must be made without any withholding, set-off, counterclaim or deduction.
xvii. Company may at any time, and without notice to the Accountholder, apply, combine, consolidate or merge:
a. any amounts standing to the credit of the Accountholder in the Accountholder's Trade Accounts Receivable account or other account with Company or any Related Entity of Company; and,
b. any amounts owing by Company or by any Related Entity of Company to the Accountholder, whether under these Terms and Conditions or on any account whatsoever, by way of set-off, lien or counterclaim in or towards satisfaction of any money at any time due and payable, or which may become due and payable, by the Accountholder to Company or any Related Entity of Company under these Terms and Conditions or on any account whatsoever.
xviii. A certificate signed by one of our authorised officers concerning an amount charged to your Account or payable by you under these Terms and Conditions or concerning any other matter in connection with your Account or these Terms and Conditions will, in the absence of manifest error, be conclusive evidence of the amount charged or payable or of the other matter.
15. Fees and Charges
i. We may charge to your account, in addition to any other amount payable under these Terms and Conditions, the amount of any government duties, taxes (including goods and services tax) and charges now or in the future charged or payable in relation to or in connection with:
a. Your account;
b. Any amount payable under these Terms and Conditions;
c. Any transaction entered into in relation to a Card or using a Card; or
d. The supply of anything (including any Petroleum Products, Other Products or Other Goods & Services) under these Terms and Conditions or in connection with your Account, whether or not you are principally liable for the duties, taxes or charges.
e. Any amount as detailed in the current Fee Schedule or notified to you in writing, as determined and varied by us from time to time.
ii. We reserve the right to vary all fees and charges by notice to you in writing.
iii. There is no entitlement to a refund or pro rata payment of any fees if an Account is closed.
iv. You must pay to us any fee attributed to your Account each month or other period as stated in the Fee Schedule or otherwise confirmed or advised in writing to you. Any account or non-payment fee is payable irrespective of whether a Card or your Account is used or not used in a Billing Period.
v. A credit card processing fee may apply, please refer to the Fee Schedule or your direct debit / credit card service agreement.
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.
17. Cancellation of Cards
i. Company may cancel any Card at any time with or without notice or reason, for example, in the event 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 where Company in its opinion reasonably believes that there may be risk of loss to or breach of law by Company, Merchant or others. However we will endeavour to provide notice where reasonable to do so.
ii. We will also cancel a Card if you or the relevant Cardholder asks us to or if you or the relevant Cardholder notifies us under Clause 11 of these Terms and Conditions. If you ask us to close your Account, or we decide to close it (see below), we may cancel all Cards immediately without further notice to you or the Cardholder.
iii. Any Card that is cancelled must not be used and must be immediately destroyed, unless we request it to be returned.
iv. Cancellation of a Card does not affect or limit your obligations under these Terms and Conditions, including your obligation to pay amounts charged to your Account whether in respect of transactions on your Account using the cancelled Card (before or after it is cancelled) or otherwise.
18. Account and Card Suspension
i. We can suspend the Account or a Card at any time without notice:
a. if 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 between Company and Accountholder; or,
c. if we suspect that a Card or the Account has been used fraudulently by you or a third party; or,
d. to prevent loss to you and/or us.
ii. If we do this then you and each Cardholder must not use the relevant Card or the Account until such time as we advise you that the Account or the relevant Card has been reactivated or reinstated. The suspension of the Account or a Card does not otherwise affect or limit your obligations (including, without limitation, any payment obligation) under these Terms and Conditions.
19. Other agreements
i. These Terms and Conditions are to be read in conjunction with any other agreement between Company and the Accountholder.
ii. Accountholder acknowledges that its default under these Terms and Conditions constitutes a default under any supply or other agreement it has with us; and vice versa.
i. We may vary these Terms and Conditions in our discretion in any way (including varying a fee or charge or imposing a new fee or charge) at any time with reasonable notice.
ii. No oral variations or variations by the Accountholder (including by purchase order or otherwise) to these Terms and Conditions will be effective.
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 us, signed by one of our authorised officers;
c. if given or made by you, signed by you or (if you are a body corporate) one of your authorised officers; and,
d. 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:
i. in the case of delivery by post, five Business Days after the date of posting;
ii. in the case of delivery by email, when deemed to have been sent by sender and recorded as such in sender’s email system and acknowledged by recipient;
iii. in the case of delivery by hand, when delivered to the premises, whether received in person or not.
ii. Any notice received, or taken to be received, on a day that is not a Business Day or after 4pm (Melbourne time) on a Business Day is taken to be received at 9am (Melbourne time) on the following Business Day. Any notice, demand or other communication may also be given or made in accordance with any method, procedure or requirement permitted under any applicable law.
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
Fax: (03) 8669 2290, Phone: 1300 173 435, Email: firstname.lastname@example.org
iv. For the purpose of providing notice, your contact details are (unless you otherwise notify us in accordance with Clause 22) the details provided in your Application for the Account or latterly updated and reflected as such in the Mobil Card online customer service centre.
22. Change of Details
i. You must notify us:
a. promptly of, and in any event no later than 10 Business Days in advance any change in your name or address; and,
b. promptly of, and in any event no later than 10 Business Days in advance, 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, within three days after we ask you.
23. Dispute Resolution
i. If you disagree with any amount charged to the Account, please contact us as soon as possible on 1300 173 435. You must provide us with written confirmation of your claim and any supporting evidence upon request. Nothing in this Clause 23 entitles you to withhold payment from us in respect of the amount in dispute, unless and until it has been refunded in accordance with these Terms and Conditions.
i. The Accountholder has no right to use, offer, display or apply any Company branding, signage, trade mark or other intellectual property, unless otherwise agreed in writing by Company.
ii. Notwithstanding anything to the contrary herein, nothing in the Agreement 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. The right to require strict performance of these Terms and Conditions shall not be affected by any indulgence, waiver of course of dealing, and any waiver shall be deemed not to be a continuing waiver. Termination of these Terms and Conditions does not relieve a party from obligations (for example debts incurred) arising prior to termination.
iv. Company may assign its rights and benefits or transfer any of its obligations under these Terms and Conditions without the Accountholder's consent.
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, the validity and enforceability of all other provisions shall remain unaffected.
vii. A single or partial exercise by us of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on us unless in writing. Our rights, powers and remedies under these Terms and Conditions are in addition to, and do not exclude or limit, any right, power or remedy provided by law or equity or by any other agreement or instrument. Any provision of, or the application of any provision of, these Terms and Conditions which is:
a. prohibited in a jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition; and
b. void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction and may be severed without affecting the enforceability of the other provisions in these Terms and Conditions.
viii. If these Terms and Conditions are attached to signed counterparts, each as an original all of the counterparts together constitute the signed document.
ix. 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.
x. 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).
xi. All duty (including fines and penalties, if any) payable in respect of these Terms and Conditions or any instrument created in connection with it must be borne by the Accountholder. The Accountholder undertakes to keep Company indemnified against all liability relating to duty, fines and penalties.
xii. No liability shall result to Company as a result of a force majeure event, diminishment or failure of power, telecommunications, data systems, or networks or any other act or omission by any person or entity which curtails or prevents Company meeting its obligations hereunder. If such an event delays Accountholder or Cardholder in performance in whole or in part of its obligations hereunder Accountholder will (i) notify Company as soon as reasonably practicable, (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 this cause has gone, Company being released from its contractual obligations until such time. Nothing in this Clause will release Accountholder or Cardholder from making payments due to Company hereunder.
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. The obligations of confidentiality under this Clause do not apply to any information that is generally available to the public (other than by reason of a breach of these Terms and Conditions); or is required to be disclosed by any applicable law.
25. Privacy Act Authorisations
i. By applying for and using a Card or Account you may be providing personal information 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.
ii. By submitting an Application you agree that, subject to the Privacy Act 1988, for the primary purpose of assessing your Application and administering the Card arrangements, we may:
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;
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: