WEX Motorpass Card terms

Before you apply for an Account you should read this document and the Fee Schedule carefully and take reasonable steps to procure that any Additional Cardholder does likewise. You and any Additional Cardholder should also read the Important Security Information and the Privacy Notification, which appear at the end of this document.

1 Application of Terms

1.1 The Account and all Cards are offered to you on the terms set out in this document (which includes the Important Security Information and Privacy Notification at the end of this document) and the Fee Schedule. The Terms govern the use of any Card and all transactions on the Account.

1.2 You agree to be bound by these terms on the occurrence of any of the following;

(a) signing an application form referring to these Terms;

(b) making an online application for an Account and, as part of that online application, agreeing to these Terms;

(c) by the first use of your Account (this may be by a transaction initiated by you or an Additional Cardholder).

1.3 If you do not agree to the Terms:

(a) cut any physical Card that we have provided to you in to two pieces; and

(b) Delete any virtual Card from your mobile device that we have provided to you, and inform WEX that you wish to close your account. If you do this your Account will be closed.

2 Use of Cards

2.1 We may require you to activate a Card prior to use. If we do, instructions on how to activate a Card will be provided to you with the Card.

2.2 You authorise us, subject to clause 9, to charge to your Account any transaction using a Card.

2.3 Cards may only be used to purchase goods and/or services supplied by a Merchant where those goods or services will be used wholly or predominantly for business purposes.

2.4 A Card must not be used:

(a) to purchase goods and/or services that will be used wholly or predominantly for personal, domestic or household purposes;

(b) for any unlawful purpose;

(c) by any person other than you or an Additional Cardholder;

(d) if there is a Nominated Vehicle, to purchase any goods or services that are not related to the Nominated Vehicle.

2.5 We may refuse a transaction using a Card:

(a) if the Card or your Account has been closed, cancelled or suspended under clause 11;

(b) if the transaction would cause the Expenditure Balance to exceed the Expenditure Limit;

(c) to protect you or us from fraud or other loss; or

(d) where we have reasonable grounds to believe that:

(i) the Card is being used in the circumstances described in clause 2.4; or

(ii) the transaction will breach the law of Australia or any other country.

2.6 Each Card is our property and remains so at all times. Unless otherwise provided for under these Terms, you must not alter, modify or deface a Card. You must return to us or Delete (as applicable) a Card immediately on any demand or request being made by us or in any other circumstances set out in these Terms.

2.7 Cards are not transferable.

2.8 Expired cards must be destroyed or Deleted, as applicable.

3 Additional Cardholders

3.1 You can ask us to issue Cards to other persons you nominate for the purpose of charging transactions to your Account. These persons will be known as Additional Cardholders.

3.2 When you ask us to issue Cards to an Additional Cardholder, you represent and warrant to us that to the best of your knowledge and belief (having made due inquiries) the Additional Cardholder is 18 years of age or older.

3.3 If a Card is issued to an Additional Cardholder, all transactions authorised by the Additional Cardholder will be treated as having been authorised by you and you will be responsible for them.

3.4 You can cancel an Additional Cardholder’s authority to charge transactions to your Account by following the instructions in the online service centre, contacting us by telephone at 1300 366 109 or email to enquiries@wexaustralia.com. You must destroy or Delete the Card and we may request that you satisfy us (acting reasonably) that this has been done.

3.5 You remain liable for an Additional Cardholder’s transactions until you notify us in writing under clause 3.4.

3.6 You are responsible for ensuring that Additional Cardholders comply with the Terms and that a copy of the Privacy Notification has been provided to each Additional Cardholder.

4 Expenditure Limits

4.1 We will notify you of the Expenditure Limit at the time you open the Account.

4.2 We may vary the Expenditure Limit in accordance with clause 16.

4.3 You must not allow the Expenditure Balance to exceed the Expenditure Limit. If it does:

(a) we will charge you a fee as set out in the Fee Schedule; and

(b) you must immediately pay us the amount by which the Expenditure Balance exceeds the Expenditure Limit.

4.4 You can ask us to increase your Expenditure Limit (either permanently or temporarily). If we agree to your request, we may charge you a fee as set out in the Fee Schedule.

5 Fees and charges

5.1 You must pay us the Fees in the amounts and at the times set out in the Fees Schedule or as otherwise specified in these Terms.

5.2 All Fees payable by you under these Terms will be charged to your Account and will appear on your statement of account.

5.3 You are responsible for all government duties, rates, taxes and charges now, or in the future, charged on or otherwise payable in connection with your Account, any amount payable under the Terms, any transaction entered into in relation to a Card (except in the circumstances set out in clause 9.3) or the supply of anything under the Terms or in connection with your Account. These amounts will be charged to your Account and appear on your statement of account.

5.4 We may introduce new Fees or change existing Fees in the circumstances set out in clauses 16 and 17.

6 Invoicing and payment of amounts charged to your Account

6.1 We will send you statements of account at the frequency selected by you in your application or as otherwise notified by us to you. Each statement of account will state a payment due date which will be a specified number of days after the date of that statement as specified in the application or otherwise notified by us to you.

6.2 The statement will show the total amount owing being:

(a) amounts charged to your Account during the period covered by that statement (including transactions using a Card and Fees incurred during the statement period); and

(b) any unpaid amount from previous statements; less

(c) any refunds or other credits to your Account during the period covered by the statement.

6.3 You must pay the total amount owing shown on your account statement in full no later than the due date set out in the statement of account provided that any overdue amount set out in your statement must be paid immediately.

6.4 The total amount owing must be paid even if you have disputed transactions or amounts shown in the statement of account. To dispute a transaction or amount shown in the statement of account see clause 7.

6.5 You can pay us using the methods set out in your statement of account.

6.6 If you do not pay the total amount owing shown on your statement in full by the due date shown within your statement, we will charge the late payment fee (set out in the Fee Schedule) to your Account.

6.7 You should only pay us the total amount owing shown on your statement. If you do pay us more we will apply it towards amounts that are charged to your Account after the date of payment or to any amounts you owe us. If no further amounts are charged to your accounts with us before your accounts are closed, we will return this amount to you.

6.8 Payments will not be treated as being received until their value is credited to your Account. All payments and part payments received will be first applied against any overdue amounts and then to any current balances on your Account.

6.9 You must make all payments in full without deduction for set-off or counterclaim (including any claim relating to a disputed transaction).

6.10 We can set-off any amounts we owe you against amounts you owe us.

6.11 All payments must be made in Australian currency.

6.12 If you pay us in a currency other than Australian dollars we can convert the amount you pay into Australian dollars at the rate and cost determined by us acting reasonably. After conversion, if the funds are less than the amount you owe us, you agree to pay us the difference. You also agree to pay us any costs or losses we incur in converting the payment into Australian dollars.

6.13 If a payment in connection with the Terms is unenforceable then we are immediately entitled to the rights we had to the money owing by you immediately before the payment.

6.14 If you make an Other Payment (as defined in clause 29 below) to us we will hold the amount of that Other Payment on bare trust for you on the terms of this clause 6.14. We have no obligations as trustee other than to deal with the Other Payment in accordance with this clause 6.14. We can apply by way of set off at any time that Other Payment or any part of it in or towards satisfaction of any amounts you owe us. We shall give you reasonable notice before we exercise this right. We have no obligation to pay or otherwise apply the amount of that Other Payment to you or for your benefit, and no debt is due and payable by us to you in respect of that amount, other than:

(a) where your Account is cancelled or closed in accordance with these Terms and we apply by way of set-off that Other Payment or any part of it in or towards satisfaction of any amounts you owe us; or

(b) where your Account is cancelled or closed in accordance with these Terms and you owe no obligations to us.

7 Disputed transactions

7.1 It is your responsibility to check your account statement carefully as soon as you receive it and immediately notify us of any errors or unauthorised transactions.

7.2 You must provide all information that we reasonably request to allow us to consider your claim. This may include statutory declarations and copies of any dockets or receipts.

7.3 We will investigate your claim and advise you in writing of the outcome of our investigation. If we decide that your Account has been incorrectly charged, we will adjust your Account.

8 Lost or stolen Cards

8.1 You must immediately notify us by phone or in writing if:

(a) a Card is lost or stolen;

(b) a device storing a virtual Card is lost or stolen; or

(c) you have not received a Card we have sent you.

8.2 If you notify us by phone you must give us notice in writing of the time, date and person you spoke to.

8.3 If a Card is lost or stolen, you may request a replacement Card. We may refuse to provide you with a replacement Card if we reasonably consider that you or an Additional Cardholder has failed to exercise reasonable care.

9 Your liability for the transactions on the Account

9.1 Except in the circumstances set out in clause 9.3 you are liable for all transactions charged to the Account (regardless of whether the transaction is made by you or an Additional Cardholder).

9.2 Your liability under clause 9.1 includes where an amount is charged to the Account in connection with a Card that:

(a) is used in the circumstances described in clause 2.4 or in any other way that is not permitted under the Terms;

(b) is used by an Additional Cardholder where you have withdrawn the Additional Cardholder’s authorisation but we have not been notified of that withdrawal in accordance with clause 3.4;

(c) is lost or stolen, or a device storing a virtual card is lost or stolen and the transaction occurs before you have given us notice or you do not give us notice that the Card or device is lost or stolen;

(d) is suspended or cancelled and the amount is charged to the Account before the Card is suspended or cancelled or after the Card is cancelled if that Card is not destroyed, returned to us;

(e) has a PIN, but a Merchant does not accept PINs as a means of authorising a transaction, unless you have given us prior notice that your Card or device has been lost or stolen;

(f) you or the Additional Cardholder have not signed (where the Card includes a signature panel), or the Card does not include a name and or signature panel and the transaction arises through the fraudulent or unauthorised use of the Card, unless you have given us prior notice that your Card or device has been lost or stolen;

(g) you, or an Additional Cardholder, fail to ensure that transaction details are correct.

9.3 WEX will be liable for transactions charged to the Account incurred as a consequence of our fraud, gross negligence, mistake or wilful misconduct.

9.4 You must provide us with any evidence we ask for that is reasonably necessary to support any claim for limited liability within 10 Business Days of us asking for it under this clause 9.

10 Default

10.1 You are in default if:

(a) a payment required to be made under these Terms is not made on time;

(b) you or a guarantor is insolvent, goes into bankruptcy, voluntary administration, other insolvency process or arrangement, or no longer has legal capacity;

(c) any of the following circumstances occur and have a Material Impact:

(i) enforcement proceedings are taken against you or a guarantor or your or their assets by another creditor;

(ii) you cease, suspend or threaten to cease or suspend a substantial part of your business;

(iii) you, an Additional Cardholder or a guarantor has not complied with the law or any requirement of a statutory authority;

(iv) you, an Additional Cardholder or a guarantor give us information or make a representation or warranty to us which is materially incorrect or misleading (including by omission);

(v) you or an Additional Cardholder use a Card in breach of clause 2.4;

(vi) you, an Additional Cardholder or a guarantor do not provide us with information we reasonably require (for example information required to meet our obligations under applicable laws).

10.2 If you are in default we will send you a default notice specifying the default, and if it can be remedied, how it may be remedied and how long you have to remedy it.

10.3 If you do not remedy the default within the time specified in the default notice or if it is not capable of remedy then immediately on receipt of the notice:

(a) all amounts that have been charged to your Account and all other amounts which are due for payment or will become due for payment (including amounts which have been accrued or charged but not yet charged to your Account) will become immediately due and payable; and

(b) we may close your Account, cancel all Cards and exercise our rights under the Terms and at law.

10.4 You must pay us all reasonable enforcement expenses we or our agents incur in exercising our rights because of your default, and we may charge those expenses to your Account.

11 Closure of your Account and cancellation of a Card

11.1 You may close your Account by giving us 10 Business Days’ notice by following the instructions in the online service centre, contacting us by telephone at 1300 366 109 or email to enquiries@wexaustralia.com.

11.2 We may close your Account:

(a) by giving you 10 Business Days’ notice in writing; or

(b) effective immediately in the circumstances set out in clauses 10.3(b), 14.3 and 15.2.

11.3 If we close your Account, we will also cancel all Cards (which may include deactivating your virtual Cards).

11.4 If a Card is cancelled:

(a) you must cease using that Card immediately, or take reasonable steps to procure that the Additional Cardholder who holds that Card immediately ceases using it;

(b) You must destroy or Delete the Card and we may request that you satisfy us (acting reasonably) that this has been done;

(c) you will remain liable for amounts charged to your Account in connection with the Card in accordance with clause 9.

11.5 If your Account is closed:

(a) all amounts owing by you under these Terms become due and payable (including amounts that have been accrued or charged but not yet debited to your Account);

(b) you must cease using all Cards immediately, and must take reasonable steps to procure that any Additional Cardholders immediately cease using all Cards;

(c) You must destroy or Delete all Cards and we may request that you satisfy us (acting reasonably) that this has been done.

11.6 We may at any time without notice:

(a) suspend either or both of your Account and your, or an Additional Cardholder’s, right to use a Card; or

(b) cancel or Delete a Card,to protect you or us from fraud or other loss, if we consider it necessary to meet our obligations under applicable law, where we have reasonable grounds to believe that your use of our services breaches the laws of Australia or any other country or if you are in default under clause 10.1. We will advise you as soon as practicable if we do so. Until any suspension is lifted, you and some or all of your Additional Cardholders (as appropriate) may not use the suspended Account or Card. The suspension of your Account or Card does not otherwise affect or limit your obligations under these Terms.

12 You indemnify us

12.1 You agree to indemnify us, our directors, officers and agents (“indemnified parties”) against any losses, liability, damages, costs or expenses:

(a) incurred by any indemnified party arising out of, or in connection with, a breach by you of the Terms; or

(b) arising from any transaction which you are liable for under clause 9 or your fraud, except to the extent arising from the fraud, negligence, mistake or wilful misconduct of us, our employees, officers, agents or contractors.

12.2 In this clause, “you” includes a person who we reasonably believe to be you, or an Additional Cardholder.

12.3 This indemnity is a continuing obligation independent of your other obligations under the Terms. It continues after these Terms end. It is not necessary for us to incur expense or make payment before enforcing the indemnity.

13 Our liability to you

13.1 We are not liable to you or any Additional Cardholder for any liability, damages or loss arising from, or any costs or expenses relating to any of the following (except to the extent resulting from or caused by our fraud, gross negligence, mistake or wilful misconduct):

(a) the suspension or cancellation of a Card;

(b) the suspension or closure of your Account;

(c) any refusal by us to accept a transaction using a Card;

(d) any refusal by a Merchant to accept a Card;

(e) if your card has a PIN, a Merchant does not accept a PIN as a method of authorising a transaction, unless, prior to that transaction, you have given us notice in writing that your Card has been lost or stolen;

(f) any goods or services acquired in connection with the use of a Card;

(g) any unauthorised transaction (except in the circumstances set out in clause 9.3) or any fraud or dishonesty of anyone other than us or our officers, agents or employees;

(h) any exercise or attempted exercise of, failure to exercise, or delay in exercising, a right, power or remedy under the Terms;

(i) any loss sustained by you as a result of us taking action under the Terms or your failure to meet your obligations;

(j) any failure by you or an Additional Cardholder to comply with these Terms;

(k) any loss of an indirect, special or consequential kind; or

(l) Force Majeure or any other event or circumstance that we cannot reasonably control.

13.2 We do not exclude or limit the application of any legislation where to do so would contravene the legislation or cause any part of these Terms to be void. Liability for a breach of any provision implied by law that cannot be excluded is limited to replacement of goods (in the case of goods) or resupply of services (in the case of services).

14 Bond

14.1 We may ask you to pay an amount as a bond for your Account where we consider it is reasonably necessary to manage our credit or security risk . We may apply the bond towards any amount that you owe us under these Terms.

14.2 We may change the amount we require from you as a bond from time to time in accordance with clause 16, where we consider it is reasonably necessary to manage our credit or security risk.

14.3 If you do not provide a bond (or any additional amount of bond we call for) within five Business Days of us asking for it, we may close your Account or cancel your Card in accordance with clause 11.

14.4 We will keep your bond while your Account remains open (unless we decide to return part or all of it earlier). We will not pay you any interest on the bond, and we do not hold the bond on trust for you.

14.5 Once your Account is closed, we will return the bond to you once we are satisfied that:

(a) you have requested the return of the same amount as the bond you paid to us;

(b) you do not owe us any amount under these Terms; and

(c) you have either destroyed or Deleted all Cards or returned them to us.

15 Guarantee

15.1 We may ask you to arrange for a third party to guarantee your obligations under these Terms, where we consider it is reasonably necessary to manage our credit or security risk.

15.2 If you do not provide us with the guarantee we ask for, we may close your Account or cancel your Card in accordance with clause 11.

16 Changes to these Terms

16.1 Subject to clause 16.3 and to clause 17, we may vary these Terms at any time by giving you not less than 30 days’ notice unless a shorter period is required to comply with laws.

16.2 In varying this agreement under clause 16.1, we can only make the following changes:

(a) introduce a new Fee (except where clause 17 applies) or change the amount or method of calculation of any Fee;

(b) changes which we reasonably consider will benefit you, are neutral to you, or are not materially adverse to you;

(c) changes that are administrative or minor, or correct a mistake or omission; and

(d) reasonable changes that reflect changes to our business, services, products or technological systems, but are not materially adverse to you.

16.3 We may vary these Terms at any time without notice and with immediate effect where we need to make any of the following changes:

(a) change the Expenditure Limit or the amount of any bond or guarantee where:

(i) it is necessary to protect you or us from fraud; or

(ii) we consider it is reasonably necessary to manage our      financial, credit or security risk;

(b) change the frequency with which we send you statements of account or the number of days after the date of the statement of account that payment is due (the due date) where we determine it is reasonably necessary having regard to the risk associated with your Account;

(c) changes required to be made to your Account, your invoicing frequency, payment terms or these Terms in order to manage or protect our risk including, without limitation, our financial, credit or reputational risks; and

(d) changes required to be made to comply with any law or guidance or requirements of a regulator or our insurer(s).

16.4 Where we vary the Terms under clause 16.3 we will provide you with notice of the change as soon as reasonably practicable.

16.5 Notice required under this clause 16 will be given in accordance with clause 19.

17 Additional Services and Products

17.1 We may offer you additional services and products from time to time (Additional Services).

17.2 If Additional Services are subject to additional terms and conditions or Fees (Additional Service Terms), we will publish them on our website at wexinc.com/motorpass.

17.3 If this document is in force at the time an Additional Service is introduced, we will also provide you with written notice of the Additional Service Terms.

17.4 Subject to clause 17.6, Additional Service Terms become legally effective and binding and are incorporated into these Terms upon publication under clause 17.2 or notification to you under clause 17.3 (if applicable), whichever occurs first (the Effective Date).

17.5 If there are additional Fees associated with any Additional Services, these will be deemed to have been added to the Fee Schedule on the Effective Date.

17.6 If You or any Additional Cardholder accesses or uses any Additional Service, you will be deemed to have accepted the relevant Additional Service Terms. If you do not wish to be bound by the Additional Service Terms, you must close your Account in accordance with clause 10.

18 Changes in your information

You must promptly notify us in writing of a change in your name or address. We will not be responsible for any errors or losses associated with a change in your particulars if we do not receive notice or adequate notice of the change.

19 Service of notices

19.1 When we send you a notice or statement, we may do so by any of the following:

(a) by mail addressed to you at your last known address;

(b) by email to the address notified by you to us; or

(c) by posting the information for retrieval on our website after notifying you by email that it is available.

19.2 When you send us a notice, you may do so by any of the following:

(a) by mail addressed to Client Services Manager, GPO Box 5342 Melbourne VIC 3001; or

(b) by email to the address notified by us to you.

19.3 A notice or statement will be deemed to have been received:

(a) in the case of delivery by post, three Business Days after the date of posting;

(b) in the case of delivery by hand, when delivered; and

(c) in the case of delivery by email, when sent to the computer system or the email account (without receiving an unsuccessful send report from the sender’s email server) during business hours.

19.4 Any notice received, or taken to be received, on a day that is not a Business Day or after 4pm (AEST) on a Business Day is taken to be received at 9am (AEST) 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. For the purpose of providing notice, our contact details are (unless we notify you otherwise):

(a) Client Services Manager, GPO Box 5342 Melbourne VIC 3001

(b) Phone: 1300 366 109

19.5 For the purpose of providing notice, your contact details are (unless you otherwise notify us in accordance with clause 18) the details provided in your application for the Account.

20 Return of Card

20.1 If you are required to return your Card under these Terms for any reason, please mail it to Client Services Manager, GPO Box 5342 Melbourne VIC 3001.

21 Assignment of rights

21.1 You cannot assign your rights or obligations under the Terms.

21.2 We may assign, transfer or otherwise deal with our rights and obligations under the Terms. We will give you at least 14 days prior notice of such an assignment, transfer or other dealing with a third party. This will not affect your rights or obligations under these Terms.

21.3 You consent to us disclosing any information or documents relating to you we consider necessary to assign our rights and obligations, manage the assigned Terms and assess your total liabilities to us.

22 Exercise of our rights

If we decide not to exercise a right, remedy or power, this does not mean we cannot exercise it later.

23 Effect of legislation

Any present or future legislation which varies our obligations in the Terms so as to adversely affect our rights, powers or remedies is excluded, except to the extent that its exclusion is prohibited by law.

24 Void or unenforceable terms

24.1 If a court or any other tribunal or authority finds any of the Terms to be void or unenforceable, the remaining Terms continue to apply.

24.2 This clause has no effect if it would alter the basic nature of these Terms or is contrary to public policy.

25 Applicable law

25.1 The Terms are governed by the laws in force in Victoria. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.

26 Force Majeure

26.1 If a party is prevented from carrying out its obligations under the Terms as a result of a Force Majeure Event, it will promptly notify the other party. While the Force Majeure Event continues, the obligations which cannot be performed because of the Force Majeure will be suspended, other than obligations to pay money that is due and payable.

26.2 The party prevented from carrying out its obligations as a result of the Force Majeure Event must take all action reasonably practicable to resume performance and mitigate any loss associated.

26.3 If a party is prevented from carrying out its obligations due to a Force Majeure Event for a period of three months or more, we can close your Account with 30 days’ prior written notice.

27 Provision of information

27.1 You agree to provide any information or documents we may reasonably request about you or an Additional Cardholder to enable us to meet our regulatory requirements including any regulatory and compliance obligations under certain international laws, rules and obligations (“Our Obligations”).

27.2 To meet Our Obligations, we may need to:

(a) disclose your personal information to third parties to understand the risks associated with providing an Account to you;

(b) delay, block or refuse transactions where we have reasonable grounds to believe that the transaction(s) breaches Australian law or the law of any country;

(c) from time to time, require additional information from you (including, without limitation, identification for any relevant individuals, including, if applicable, individuals of a partnership) to assist us in meeting Our Obligations and you agree to provide us this additional information, and you agree that you must not initiate, engage in or effect a transaction that may be in breach of Australian law or the law of any other country.

(d) Any personal information provided to us under this clause 27.2 will be handled in accordance with our Privacy Policy available at https://www.wexinc.com/en-au/privacy/.

28 Electronic communication and e-signatures

28.1 You agree that, to the extent you provide us with any documentation or other communication by electronic transmission, we are entitled to rely upon and accept that documentation or communication as an original document or communication to the extent necessary.

28.2 You acknowledge and agree that your application (including your agreement to these Terms) and any other documentation required to be signed by you in relation to the use of your Card or Account or under these Terms, may be executed by electronic signature, which is considered as an original signature for all purposes and has the same force and effect as an original ‘wet-ink’ signature. You agree that an ‘electronic signature’ includes, without limitation, faxed or electronically scanned and transmitted versions of an original signature or the use of an e-signature software that uses a digital identifier.

29 Definitions

Account means the account we set up in your name to record transactions using any Card and any Fees payable by you under the Terms.

Additional Cardholder means a person, of 18 years of age or more, nominated by you to be issued with a Card.

Additional Services has the meaning given in clause 17.1.

Additional Service Terms has the meaning given in clause 17.2.

Business Day means a weekday including local public holidays but excluding holidays observed on a national basis.

Card means any card (including any plastic or virtual card) issued by us to you or an Additional Cardholder that allows you or an Additional Cardholder to charge transactions to your Account.

Delete means, in relation to a virtual Card, to delete or remove the Card from the device or application in which the Card is stored or hosted, in accordance with the functionality of the device or application and any instructions we may provide to you from time to time.

Effective Date has the meaning given in clause 17.4.

Expenditure Balance means, at any time, the total of all amounts that have been charged to your Account but which have not been paid.

Expenditure Limit means the amount notified by us to you from time to time in accordance with clause 4.

Fee Schedule means the monthly management charge as notified to you from time to time and the other fees shown at https://www.wexinc.com/motorpass/savings-fees/charges-explained/ from time to time.

Fees means any fees or charges that are payable by you under the Terms.

Force Majeure Event means any event beyond the reasonable control of the party effected by it including an act of God, earthquake, cyclone, fire, explosion, flood, drought or other natural disaster, war (declared or undeclared), invasion, act of a foreign enemy, acts of terrorism, nuclear disaster, pandemic, epidemic, a labour dispute other than a labour dispute that only involves the party’s personnel, confiscation, prohibition, embargo, restraint or damage to property by or under the order of any government or government authority, but excluding changes in law.

Material Impact means a material impact on:

(a) your ability to meet your obligations under this Agreement;

(b) our credit or security risk (or our ability to assess these);

(c) our legal risk.

Merchant means a person authorised by us or our agent to accept a Card as the means of payment in relation to the supply of goods and/or services by that person.

Nominated Vehicle means the vehicle (if any) specified on the Card.

Other Payment means a payment to us in excess of the balance on the Account or other amounts due and payable to us, which payment also includes the amount remaining at any time after any set-off by us.

PIN means the personal identification number linked to your Card (if applicable). Not all Cards have a linked PIN.

Terms means the terms set out in this document (which includes the Important Security Information and Privacy Notification at the end of this document), any applicable Additional Service Terms and the Fee Schedule.

We and us means WEX Australia Pty Ltd and its successors and assigns.

You means the holder of the Account and in relation to the Important Security Information and Privacy Notification also includes the Additional Cardholder.

IMPORTANT SECURITY INFORMATION

Below are a series of important security tips you should follow when using your Card.

You are liable for any Cards we have issued on your Account, and for their use.

You are responsible for keeping all Cards, including any Personal Identification Number (PIN), safe and for ensuring they are only used in accordance with these Terms. We strongly encourage you to apply security settings (including a PIN or biometric security setting) to any device on which a virtual Card is stored or hosted.

If we include a name on a Card, it must be used by that person (the cardholder). You may not transfer the Card to a person other than the cardholder.

Where the Card includes a signature panel, the cardholder must immediately sign the Card in the marked space when they receive it, before they use it.

You must destroy or Delete invalid cards. If your Card (the invalid card) permanently ceases to be valid (for instance, if the expiry month has passed or it is materially damaged), or if you receive a Card which replaces the invalid card, you must destroy or Delete the invalid card.

PRIVACY NOTIFICATION

By applying for and using a Card you are providing personal information to enable us to assess your application for a Card. Without this information, we may not be able to process your application.

By submitting the Application, or using the Card, you agree that, subject to the Privacy Act 1988 (Cth), for the primary purpose of assessing your application and administering the Card arrangements, we may:

(a) give to a credit reporting agency personal information about you contained in the Application or otherwise lawfully acquired by us and which is permitted to be kept on a credit information file;

(b) obtain a 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 your Account;

(c) give your personal and/or financial information to a credit reporting agency for the purpose of conducting periodic reviews of your credit and financial arrangements after we have provided you with an Account. We will conduct these reviews periodically for as long as your Account remains active;

(d) exchange information about you with any credit providers named in your commercial credit report issued by a credit reporting agency:

(i) to assess an application by you;

(ii) to notify other credit providers of a default on your Account by you;

(iii) to exchange information with credit providers as to the status of your Account including where you are in default; or

(iv) to assess your financial worthiness, and you understand that the information exchanged can include anything about your financial worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988 (Cth);

(e) produce the Application or a reproduction of it as evidence of this Application for a Card and agreement to the Terms;

(f) use your personal information for additional purposes including planning, product development, partner offers, promotions and customer research;

(g) provide you with, or arrange for one of our partners to provide you with, marketing information including special offers for Cardholders (if you do not wish to receive any marketing offers, please notify us at enquiries@wexaustralia.com);

(h) exchange information (including your personal information) about you with your nominated referees or any person or organisation who has introduced you to us;

(i) in the case of a Card that is co-branded or fully branded with a WEX partner, unless you have told us that you do not wish to receive any marketing offers, disclose and exchange any information about you (including but not limited to your personal information and any consents obtained) and once approved, information about your Account and use of the Card to that partner and to enable that partner to provide you with marketing including offers, promotions and customer research;

(j) disclose and exchange your information (including your personal information) to any of our related entities, alliance partners, referral partners and service providers (whether based in Australia or otherwise), and once approved, disclose and exchange information about your use of the Card or Account to any of those parties for the purposes of providing your Card or Account and any other services under these terms and conditions;

(k) disclose and exchange to any of our related entities, alliance partners, referral partners and service providers (whether based in Australia or otherwise) including (without limitation) bankers, electronic interface switch providers, fleet management partners, 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 provide and manage your Account or (unless you have told us that you do not wish to receive any marketing offers) to promote or improve our or their products and services; or

(l) disclose your personal information to the organisations referred to in (a) to (k) above located overseas. These organisations may be located in the United States, Singapore, India, New Zealand and Europe. By agreeing to these Terms you consent to the disclosure of your personal information to such organisations. You acknowledge that those organisations may not be subject to any privacy obligations or principles similar to the Australian Privacy Principles and that they may be subject to a foreign law that could compel the disclosure of personal information to a third party. Your right to seek redress will depend on the laws of the relevant country. You can withdraw your consent at any time by 10 business prior written notice to us at the address below.

We acknowledge that you can, without charge, request a copy of your personal information about you held by us by writing to us at WEX Australia Pty Ltd 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 Policy on our website at https://www.wexinc.com/en-au/privacy/

WEX Australia Pty Ltd ABN 68 005 970 570

Effective 22 September 2023

IMPORTANT INFORMATION ABOUT PAY2GO

We can make limited changes to these Terms without your agreement or approval. We’ll notify you by email or post when this occurs. Our right to do this is set out in clause 16 of these Terms.
Each Card has an expiry date printed or displayed on the Card.
Unauthorised or mistaken transactions will be charged to your Account unless you have given us prior notice that the Card used in the transaction was lost or stolen. See clauses 7, 8 and 9.
We charge you Fees for using Pay2Go. We can introduce a new Fee or change the way Fees are calculated at any time (but we must give you prior notice). Before you apply for an Account you should read this document and the Fee Schedule carefully and take reasonable steps to procure that any Additional Cardholder does likewise. You and any Additional Cardholder should also read the Important Security Information and the Privacy Notification, which appear at the end of this document.

1 Application of Terms

1.1 The Account and all Cards are offered to you on the terms set out in this document (which includes the Important Security Information and Privacy Notification at the end of this document) and the Fee Schedule. The Terms govern the use of any Card and all transactions on the Account.

1.2 You agree to be bound by these terms on the occurrence of any of the following;

(a) signing an application form referring to these Terms;

(b) making an online application for an Account and, as part of that online application, agreeing to these Terms;

(c) by the first use of your Account (this may be by a transaction initiated by you or an Additional Cardholder).

1.3 If you do not agree to the Terms:

(a) cut any physical Card that we have provided to you in to two pieces; and

(b) Delete any virtual Card from your mobile device, and inform WEX that you wish to close your account. If you do this your Account will be closed in accordance with clause 11 of these Terms.

2 Use of Cards

2.1 We may require you to activate a Card prior to use. If we do, instructions on how to activate a Card will be provided to you with the Card.

2.2 You authorise us, subject to clause 9, to charge to your Account any transaction using a Card.

2.3 Cards may only be used to purchase goods and/or services supplied by a Merchant where those goods or services will be used wholly or predominantly for business purposes.

2.4 A Card must not be used:

(a) to purchase goods and/or services that will be used wholly or predominantly for personal, domestic or household purposes;

(b) to withdraw cash, or to purchase goods that may be used as an alternative for cash, including but not limited to gift cards;

(c) for any unlawful purpose;

(d) by any person other than you or an Additional Cardholder;

(e) if there is a Nominated Vehicle, to purchase any goods or services that are not related to the Nominated Vehicle.

2.5 We may refuse a transaction using a Card:

(a) if the Card or your Account has been closed, cancelled or suspended under clause 11;

(b) if the transaction would cause the Account Balance to drop below zero;

(c) to protect you or us from fraud or other loss; or

(d) where we have reasonable grounds to believe that:

(i) the Card is being used in the circumstances described in clause 2.4; or

(ii) the transaction will breach the law of Australia or any other country.

2.6 Each Card is our property and remains so at all times. Unless otherwise provided for under these Terms, you must not alter, modify or deface a Card. You must return to us or Delete (as applicable) a Card immediately on any demand or request being made by us or in any other circumstances set out in these Terms.

2.7 Cards are not transferable.

2.8 Expired cards must be destroyed or Deleted, as applicable.

3 Additional Cardholders

3.1 You can ask us to issue Cards to other persons you nominate for the purpose of charging transactions to your Account. These persons will be known as Additional Cardholders.

3.2 When you ask us to issue Cards to an Additional Cardholder, you represent and warrant to us that to the best of your knowledge and belief (having made due inquiries) the Additional Cardholder is 18 years of age or older.

3.3 If a Card is issued to an Additional Cardholder, all transactions authorised by the Additional Cardholder will be treated as having been authorised by you and you will be responsible for them.

3.4 You can cancel an Additional Cardholder’s authority to charge transactions to your Account by following the instructions in the online service centre, contacting us by telephone at 1300 366 109 or email to enquiries@wexaustralia.com. You must destroy or Delete the Card and we may request that you satisfy us (acting reasonably) that this has been done.

3.5 You remain liable for an Additional Cardholder’s transactions until you notify us in writing under clause 3.4.

3.6 You are responsible for ensuring that Additional Cardholders comply with the Terms and that a copy of the Privacy Notification has been provided to each Additional Cardholder.

4 Account Balance

4.1 In order to use any Card you must have loaded sufficient funds to your Account.

4.2 You acknowledge that the Account Balance applies across all Cards associated with your Account.

4.3 The maximum Account Balance for each Account is $999.99. You must ensure that you do not attempt to load funds which would cause your Account to exceed the maximum Account Balance.

4.4 We may reject any attempt to load funds to your Account Balance that would cause your Account Balance to exceed the maximum Account Balance.

4.5 Subject to clause 2, you may use a Card to make a payment as long as this will not cause your Account Balance to fall below zero.

4.6 Subject to these Terms and applicable law, we may notify you if your Account Balance falls below $150 (or such other amount as we may notify you from time to time).

4.7 WEX is entitled to any interest that accrues on funds held by WEX in connection with your Account.

5 Fees and charges

5.1 You must pay us the Fees in the amounts and at the times set out in the Fees Schedule or as otherwise specified in these Terms.

5.2 All Fees payable by you under these Terms will be charged to your Account and will appear on your statement of account.

5.3 You are responsible for all government duties, rates, taxes and charges now, or in the future, charged on or otherwise payable in connection with your Account, any amount payable under the Terms, any transaction entered into in relation to a Card (except in the circumstances set out in clause 9.3) or the supply of anything under the Terms or in connection with your Account. These amounts will be charged to your Account and appear on your statement of account.

5.4 We may introduce new Fees or change existing Fees in the circumstances set out in clauses 16 and 17.

6 Invoicing and payment of amounts charged to your Account

6.1 We will send you statements of account at the frequency selected by you in your application or as otherwise notified by us to you.

6.2 The statement will show:

(a) amounts charged to your Account during the period covered by that statement (including transactions using a Card and Fees incurred during the statement period);

(b) amounts loaded into your Account during the period covered by that statement; and

(c) any refunds or other credits to your Account during the period covered by the statement.

6.3 Subject to clause 9.3, amounts that are charged to your Account will be deducted from your Account.

6.4 Amounts charged from your Account, including charges from a Card associated with your Account, will be deducted from your Account Balance even if you have disputed these transactions or amounts. To dispute a transaction or amount shown in the statement of account see clause 7.

6.5 Amounts charged to your Account will be deducted from your Account Balance in full without deduction for set-off or counterclaim (including any claim relating to a disputed transaction).

6.6 We can set-off any amounts we owe you against amounts you owe us.

6.7 If a payment in connection with the Terms is unenforceable then we are immediately entitled to the rights we had to the money owing by you immediately before the payment.

7 Disputed transactions

7.1 It is your responsibility to check your account statement carefully as soon as you receive it and promptly notify us of any errors or unauthorised transactions.

7.2 You must provide all information that we reasonably request to allow us to consider your claim. This may include statutory declarations and copies of any dockets or receipts.

7.3 We will investigate your claim and advise you in writing of the outcome of our investigation. If we decide that your Account has been incorrectly charged, we will adjust your Account Balance.

8 Lost or stolen Cards

8.1 You must immediately notify us by following the instructions in the online service centre, contacting us by telephone at 1300 366 109 or email to enquiries@wexaustralia.com if:

(a) a Card is lost or stolen;

(b) a device storing a virtual Card is lost or stolen; or

(c) you have not received a Card we have sent you.

8.3 If a Card is lost or stolen, you may request a replacement Card. We may refuse to provide you with a replacement Card if we reasonably consider that you or an Additional Cardholder has failed to exercise reasonable care.

9 Your liability for the transactions on the Account

9.1 Except in the circumstances set out in clause 9.3 you are liable for all transactions charged to the Account (regardless of whether the transaction is made by you or an Additional Cardholder).

9.2 Your liability under clause 9.1 includes where an amount is charged to the Account in connection with a Card that:

(a) is used in the circumstances described in clause 2.4 or in any other way that is not permitted under the Terms;

(b) is used by an Additional Cardholder where you have withdrawn the Additional Cardholder’s authorisation but we have not been notified of that withdrawal in accordance with clause 3.4;

(c) is lost or stolen, or a device storing a virtual card is lost or stolen and the transaction occurs before you have given us notice or you do not give us notice that the Card or device is lost or stolen;

(d) is suspended or cancelled and the amount is charged to the Account before the Card is suspended or cancelled or after the Card is cancelled if that Card is not destroyed or deleted and returned to us;

(e) has a PIN, but a Merchant does not accept PINs as a means of authorising a transaction, unless you have given us prior notice that your Card or device has been lost or stolen;

(f) you or the Additional Cardholder have not signed (where the Card includes a signature panel), or the Card does not include a name and or signature panel and the transaction arises through the fraudulent or unauthorised use of the Card, unless you have given us prior notice that your Card or device has been lost or stolen;

(g) you, or an Additional Cardholder, fail to ensure that transaction details are correct.

9.3 WEX will be liable for transactions charged to the Account incurred as a consequence of our fraud, gross negligence, mistake or wilful misconduct.

9.4 You must provide us with any evidence we ask for that is reasonably necessary to support any claim for limited liability within 10 Business Days of us asking for it under this clause 9.

10 Default

10.1 You are in default if:

(a) a payment required to be made under these Terms is not made on time;

(b) you are insolvent, goes into bankruptcy, voluntary administration, other insolvency process or arrangement, or no longer has legal capacity;

(c) any of the following circumstances occur and have a Material Impact:

(i) enforcement proceedings are taken against you or your assets by another creditor;

(ii) you cease, suspend or threaten to cease or suspend a substantial part of your business;

(iii) you or an Additional Cardholder has not complied with the law or any requirement of a statutory authority;

(iv) you or an Additional Cardholder give us information or make a representation or warranty to us which is materially incorrect or misleading (including by omission);

(v) you or an Additional Cardholder use a Card in breach of clause 2.4;

(vi) you or an Additional Cardholder do not provide us with information we reasonably require (for example information required to meet our obligations under applicable laws).

10.2 If you are in default we will send you a default notice specifying the default, and if it can be remedied, how it may be remedied and how long you have to remedy it.

10.3 If you do not remedy the default within the time specified in the default notice or if it is not capable of remedy then immediately on expiry of the time specified or receipt of the notice (as applicable):

(a) all pending amounts that are or will become due for payment but are yet to be charged to your Account (including amounts which have been accrued or charged but not yet charged to your Account) will immediately be charged to your account and deducted from your Account Balance;

(b) if the sum of all pending amounts referred to in clause 10.3(a) is greater than your remaining Account Balance, the difference will become immediately due and payable; and

(c) we may close your Account, cancel all Cards and exercise our rights under the Terms and at law.

11 Closure of your Account and cancellation of a Card

11.1 You may close your Account by giving us 10 Business Days’ notice by following the instructions in the online service centre, contacting us by telephone at 1300 366 109 or email to enquiries@wexaustralia.com.

11.2 We may close your Account:

(a) by giving you 10 Business Days’ notice in writing; or

(b) effective immediately in the circumstances set out in clause 10.3(c).

11.3 If we close your Account, we will also cancel all Cards (which may include deactivating your virtual Cards).

11.4 If a Card is cancelled:

(a) you must cease using that Card immediately, or take reasonable steps to procure that the Additional Cardholder who holds that Card immediately ceases using it;

(b) you must destroy or Delete the Card and we may request that you satisfy us (acting reasonably) that this has been done;

(c) you will remain liable for amounts charged to your Account in connection with the Card in accordance with clause 9.

11.5 If your Account is closed:

(a) all amounts charged to your Account (including amounts that have been accrued or charged but not yet debited to your Account) will immediately be charged to your Account and deducted from your Account Balance;

(b) any amounts in clause 11.5(a) that cannot be satisfied by your Account Balance will become immediately due and payable;

(c) you must destroy or Delete all Cards and we may request that you satisfy us (acting reasonably) that this has been done.

(d) you must destroy or Delete all Cards and we may request that you satisfy us (acting reasonably) that this has been done.

(e) If there is any amount remaining in your Account Balance after all fees, charges, and other amounts in respect of your Account under these Terms have been satisfied, we will refund to you the amount of your remaining Account Balance. The payment of such refund will reduce your Account Balance to zero.

11.6 We may at any time without notice:

(a) suspend either or both of your Account and your, or an Additional Cardholder’s, right to use a Card; or

(b) cancel or Delete a Card,to protect you or us from fraud or other loss, if we consider it necessary to meet our obligations under applicable law, where we have reasonable grounds to believe that your use of our services breaches the laws of Australia or any other country or if you are in default under clause 10.1. We will advise you as soon as practicable if we do so. Until any suspension is lifted, you and some or all of your Additional Cardholders (as appropriate) may not use the suspended Account or Card. The suspension of your Account or Card does not otherwise affect or limit your obligations under these Terms.

12 You indemnify us

12.1 You agree to indemnify us, our directors, officers and agents (“indemnified parties”) against any losses, liability, damages, costs or expenses:

(a) incurred by any indemnified party arising out of, or in connection with, a breach by you of the Terms; or

(b) arising from any transaction which you are liable for under clause 9 or your fraud, except to the extent arising from the fraud, negligence, mistake or wilful misconduct of us, our employees, officers, agents or contractors.

12.2 In this clause 12, “you” includes a person who we reasonably believe to be you, or an Additional Cardholder.

12.3 This indemnity is a continuing obligation independent of your other obligations under the Terms. It continues after these Terms end. It is not necessary for us to incur expense or make payment before enforcing the indemnity.

13 Our liability to you

13.1 We are not liable to you or any Additional Cardholder for any liability, damages or loss arising from, or any costs or expenses relating to any of the following (except to the extent resulting from or caused by our fraud, gross negligence, mistake or wilful misconduct):

(a) the suspension or cancellation of a Card in accordance with these Terms;

(b) the suspension or closure of your Account in accordance with these Terms;

(c) any refusal by us to accept a transaction using a Card in accordance with these Terms;

(d) any refusal by a Merchant to accept a Card;

(e) if your card has a PIN, a Merchant does not accept a PIN as a method of authorising a transaction, unless, prior to that transaction, you have given us notice in writing that your Card has been lost or stolen;

(f) any goods or services acquired in connection with the use of a Card;

(g) any unauthorised transaction (except in the circumstances set out in clause 9.3) or any fraud or dishonesty of anyone other than us or our officers, agents or employees;

(h) any exercise or attempted exercise of, failure to exercise, or delay in exercising, a right, power or remedy under the Terms;

(i) any loss sustained by you as a result of us taking action under the Terms or your failure to meet your obligations;

(j) any failure by you or an Additional Cardholder to comply with these Terms;

(k) any loss of an indirect, special or consequential kind; or

(l) Force Majeure or any other event or circumstance that we cannot reasonably control.

13.2 We do not exclude or limit the application of any legislation where to do so would contravene the legislation or cause any part of these Terms to be void. Liability for a breach of any provision implied by law that cannot be excluded is limited to replacement of goods (in the case of goods) or resupply of services (in the case of services).

14 Not Applicable to Pay2Go

15 Not Applicable to Pay2Go

16 Changes to these Terms

16.1 Subject to clause 16.3 and to clause 17, we may vary these Terms at any time by giving you not less than 30 days’ notice unless a shorter period is required to comply with laws.

16.2 In varying this agreement under clause 16.1, we can only make the following changes:

(a) introduce a new Fee (except where clause 17 applies) or change the amount or method of calculation of any Fee;

(b) changes which we reasonably consider will benefit you, are neutral to you, or are not materially adverse to you;

(c) changes that are administrative or minor, or correct a mistake or omission; and

(d) reasonable changes that reflect changes to our business, services, products or technological systems, but are not materially adverse to you.

16.3 We may vary these Terms at any time without notice and with immediate effect where we need to make any of the following changes:

(a) change the maximum Account Balance set out in clause 4.3 where:

(i) it is necessary to protect you or us from fraud; or

(ii) we consider it is reasonably necessary to manage our financial, credit or security risk;

(b) if we reduce your maximum Account Balance below the amount of your current Account Balance, we will refund to you the amount in your current Account Balance that exceeds the new maximum Account Balance;

(c) changes required to be made to your Account, your invoicing frequency, payment terms or these Terms in order to manage or protect our risk including, without limitation, our financial, credit or reputational risks; and

(d) changes required to be made to comply with any law or guidance or requirements of a regulator or our insurer(s).

16.4 Where we vary the Terms under clause 16.3 we will provide you with notice of the change as soon as reasonably practicable.

16.5 Notice required under this clause 16 will be given in accordance with clause 19.

17 Additional Services and Products

17.1 We may offer you additional services and products from time to time (Additional Services).

17.2 If Additional Services are subject to additional terms and conditions or Fees (Additional Service Terms), we will publish them on our website at wexinc.com/motorpass.

17.3 If this document is in force at the time an Additional Service is introduced, we will also provide you with written notice of the Additional Service Terms.

17.4 Subject to clause 17.6, Additional Service Terms become legally effective and binding and are incorporated into these Terms upon publication under clause 17.2 or notification to you under clause 17.3 (if applicable), whichever occurs first (the Effective Date).

17.5 If there are additional Fees associated with any Additional Services, these will be deemed to have been added to the Fee Schedule on the Effective Date.

17.6 If You or any Additional Cardholder accesses or uses any Additional Service, you will be deemed to have accepted the relevant Additional Service Terms. If you do not wish to be bound by the Additional Service Terms, you must close your Account in accordance with clause 11.

18 Changes in your information

You must promptly notify us of a change in your name or address by following the instructions in the online service centre, contacting us by telephone at 1300 366 109 or email to enquiries@wexaustralia.com. We will not be responsible for any errors or losses associated with a change in your particulars if we do not receive notice or adequate notice of the change.

19 Service of notices

19.1 When we send you a notice or statement, we may do so by any of the following:

(a) by mail addressed to you at your last known address;

(b) by email to the address notified by you to us; or

(c) by posting the information for retrieval on our website after notifying you by email that it is available.

19.2 When you send us a notice, you may do so by any of the following:

(a) following the instructions in the online service centre (where applicable);

(b) by mail addressed to Client Services Manager, GPO Box 5342 Melbourne VIC 3001; or

(c) by email to equiries@wexaustralia.com.

19.3 A notice or statement will be deemed to have been received:

(a) in the case of delivery by post, three Business Days after the date of posting;

(b) in the case of delivery by hand, when delivered; and

(c) in the case of delivery by email, when sent to the computer system or the email account (without receiving an unsuccessful send report from the sender’s email server) during business hours.

19.4 Any notice received, or taken to be received, on a day that is not a Business Day or after 4pm (AEST) on a Business Day is taken to be received at 9am (AEST) 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. For the purpose of providing notice, our contact details are (unless we notify you otherwise):

(a) Client Services Manager, GPO Box 5342 Melbourne VIC 3001 and

(b) Phone: 1300 366 109

19.5 For the purpose of providing notice, your contact details are (unless you otherwise notify us in accordance with clause 18) the details provided in your application for the Account.

20 Return of Card

20.1 If you are required to return your Card under these Terms for any reason, please mail it to Client Services Manager, GPO Box 5342 Melbourne VIC 3001.

21 Assignment of rights

21.1 You cannot assign your rights or obligations under the Terms.

21.2 We may assign, transfer or otherwise deal with our rights and obligations under the Terms. We will give you at least 14 days prior notice of such an assignment, transfer or other dealing with a third party. This will not affect your rights or obligations under these Terms.

21.3 You consent to us disclosing any information or documents relating to you we consider necessary to assign our rights and obligations, manage the assigned Terms and assess your total liabilities to us.

22 Exercise of our rights

If we decide not to exercise a right, remedy or power, this does not mean we cannot exercise it later.

23 Effect of legislation

Any present or future legislation which varies our obligations in the Terms so as to adversely affect our rights, powers or remedies is excluded, except to the extent that its exclusion is prohibited by law.

24 Void or unenforceable terms

24.1 If a court or any other tribunal or authority finds any of the Terms to be void or unenforceable, the remaining Terms continue to apply.

24.2 This clause has no effect if it would alter the basic nature of these Terms or is contrary to public policy.

25 Applicable law

25.1 The Terms are governed by the laws in force in Victoria. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.

26 Force Majeure

26.1 If a party is prevented from carrying out its obligations under the Terms as a result of a Force Majeure Event, it will promptly notify the other party. While the Force Majeure Event continues, the obligations which cannot be performed because of the Force Majeure will be suspended, other than obligations to pay money that is due and payable.

26.2 The party prevented from carrying out its obligations as a result of the Force Majeure Event must take all action reasonably practicable to resume performance and mitigate any loss associated.

26.3 If a party is prevented from carrying out its obligations due to a Force Majeure Event for a period of three months or more, we can close your Account with 30 days’ prior written notice.

27 Provision of information

27.1 You agree to provide any information or documents we may reasonably request about you or an Additional Cardholder to enable us to meet our regulatory requirements including any regulatory and compliance obligations under certain international laws, rules and obligations (Our Obligations).

27.2 To meet Our Obligations, we may need to:

(a) disclose your personal information to third parties to understand the risks associated with providing an Account to you;

(b) delay, block or refuse transactions where we have reasonable grounds to believe that the transaction(s) breaches Australian law or the law of any country;

(c) from time to time, require additional information from you (including, without limitation, identification for any relevant individuals, including, if applicable, individuals of a partnership) to assist us in meeting Our Obligations and you agree to provide us this additional information, and you agree that you must not initiate, engage in or effect a transaction that may be in breach of Australian law or the law of any other country.

(d) Any personal information provided to us under this clause 27.2 will be handled in accordance with our Privacy Policy available at https://www.wexinc.com/en-au/privacy/.

28 Electronic communication and e-signatures

28.1 You agree that, to the extent you provide us with any documentation or other communication by electronic transmission, we are entitled to rely upon and accept that documentation or communication as an original document or communication to the extent necessary.

28.2 You acknowledge and agree that your application (including your agreement to these Terms) and any other documentation required to be signed by you in relation to the use of your Card or Account or under these Terms, may be executed by electronic signature, which is considered as an original signature for all purposes and has the same force and effect as an original ‘wet-ink’ signature. You agree that an ‘electronic signature’ includes, without limitation, faxed or electronically scanned and transmitted versions of an original signature or the use of an e-signature software that uses a digital identifier.

29 Definitions

Account means the account we set up in your name to hold funds loaded by you or on your behalf for the purpose of this Agreement, record transactions using any Card and any Fees payable by you under the Terms.

Account Balance means the net balance of your Account (being the total of all amounts that have been loaded to your Account less the total amounts charged to your Account).

Additional Cardholder means a person, of 18 years of age or more, nominated by you to be issued with a Card.

Additional Services has the meaning given in clause 17.1.

Additional Service Terms has the meaning given in clause 17.2.

Business Day means a weekday including local public holidays but excluding holidays observed in Victoria, Australia.

Card means any card (including any plastic or virtual card) issued by us to you or an Additional Cardholder that allows you or an Additional Cardholder to charge transactions to your Account.

Delete means, in relation to a virtual Card, to delete or remove the Card from the device or application in which the Card is stored or hosted, in accordance with the functionality of the device or application and any instructions we may provide to you from time to time.

Effective Date has the meaning given in clause 17.4.

Fee Schedule means the monthly management charge as notified to you from time to time and the other fees shown at https://www.wexinc.com/motorpass/savings-fees/charges-explained/ from time to time.

Fees means any fees or charges that are payable by you under the Terms.

Force Majeure Event means any event beyond the reasonable control of the party effected by it including an act of God, earthquake, cyclone, fire, explosion, flood, drought or other natural disaster, war (declared or undeclared), invasion, act of a foreign enemy, acts of terrorism, nuclear disaster, pandemic, epidemic, a labour dispute other than a labour dispute that only involves the party’s personnel, confiscation, prohibition, embargo, restraint or damage to property by or under the order of any government or government authority, but excluding changes in law.

Material Impact means a material impact on:

(a) your ability to meet your obligations under this Agreement;

(b) our credit or security risk (or our ability to assess these);

(c) our legal risk.

Merchant means a person authorised by us or our agent to accept a Card as the means of payment in relation to the supply of goods and/or services by that person.

Nominated Vehicle means the vehicle (if any) specified on the Card.

Our Obligations has the meaning given in clause 27.1.

PIN means the personal identification number linked to your Card (if applicable).

Terms means the terms set out in this document (which includes the Important Security Information and Privacy Notification at the end of this document), any applicable Additional Service Terms and the Fee Schedule.

We and us means WEX Fuel Cards Australia Limited ACN 008 962 132 and its successors and assigns.

You means the holder of the Account and in relation to the Important Security Information and Privacy Notification also includes the Additional Cardholder.

IMPORTANT SECURITY INFORMATION

Below are a series of important security tips you should follow when using your Card.

You are liable for any Cards we have issued on your Account, and for their use.

You are responsible for keeping all Cards, including any Personal Identification Number (PIN), safe and for ensuring they are only used in accordance with these Terms. We strongly encourage you to apply security settings (including a PIN or biometric security setting) to any device on which a virtual Card is stored or hosted.

If we include a name on a Card, it must be used by that person (the cardholder). You may not transfer the Card to a person other than the cardholder.

Where the Card includes a signature panel, the cardholder must immediately sign the Card in the marked space when they receive it, before they use it.

You must destroy or Delete invalid cards. If your Card (the invalid card) permanently ceases to be valid (for instance, if the expiry month has passed or it is materially damaged), or if you receive a Card which replaces the invalid card, you must destroy or Delete the invalid card.

PRIVACY NOTIFICATION

By applying for and using a Card you are providing personal information to enable us to assess your application for a Card. Without this information, we may not be able to process your application.

By submitting the Application, or using the Card, you agree that, subject to the Privacy Act 1988 (Cth), for the primary purpose of assessing your application and administering the Card arrangements, we may:

(a) produce the Application or a reproduction of it as evidence of this Application for a Card and agreement to the Terms;

(b) use your personal information for additional purposes including planning, product development, partner offers, promotions and customer research;

(c) provide you with, or arrange for one of our partners to provide you with, marketing information including special offers for Cardholders (if you do not wish to receive any marketing offers, please notify us at enquiries@wexaustralia.com);

(d) exchange information (including your personal information) about you with your nominated referees or any person or organisation who has introduced you to us;

(e) in the case of a Card that is co-branded or fully branded with a WEX partner, unless you have told us that you do not wish to receive any marketing offers, disclose and exchange any information about you (including but not limited to your personal information and any consents obtained) and once approved, information about your Account and use of the Card to that partner and to enable that partner to provide you with marketing including offers, promotions and customer research;

(f) disclose and exchange your information (including your personal information) to any of our related entities, alliance partners, referral partners and service providers (whether based in Australia or otherwise), and once approved, disclose and exchange information about your use of the Card or Account to any of those parties for the purposes of providing your Card or Account and any other services under these terms and conditions;

(g) disclose and exchange to any of our related entities, alliance partners, referral partners and service providers (whether based in Australia or otherwise) including (without limitation) bankers, electronic interface switch providers, fleet management partners, 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 provide and manage your Account or (unless you have told us that you do not wish to receive any marketing offers) to promote or improve our or their products and services; or

(h) disclose your personal information to the organisations referred to in (a) to (g) above located overseas. These organisations may be located in the United States, Singapore, India, New Zealand and Europe. By agreeing to these Terms you consent to the disclosure of your personal information to such organisations. You acknowledge that those organisations may not be subject to any privacy obligations or principles similar to the Australian Privacy Principles and that they may be subject to a foreign law that could compel the disclosure of personal information to a third party. Your right to seek redress will depend on the laws of the relevant country. You can withdraw your consent at any time by 10 business prior written notice to us at the address below.

We acknowledge that you can, without charge, request a copy of your personal information about you held by us by writing to us at WEX Fuel Cards Australia Limited ACN 008 962 132 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 Policy on our website at https://www.wexinc.com/en-au/privacy/

WEX Fuel Cards Australia Limited ACN 008 962 132

Effective 15 July 2024