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 the Card and the Account will be bound by these terms and conditions. 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 speak to our staff by telephoning the number below. Please ensure you retain a copy of these terms and conditions for future reference. If you do not accept these terms and conditions you must immediately notify us, cut all Cards in half and promptly return them to us, and not use the Account in any way. In these terms and conditions, the following definitions and rules of interpretation apply unless the context requires otherwise:
Account means the Account opened by us in the name of the Accountholder.
Account holder means the person in whose name the Account is maintained.
Acknowledgements means the Acknowledgements and Privacy Act Authorisations forming part of the Application form and completed by you as part of your Application.
Additional Card means a Card issued at your request and at our discretion to a person other than you.
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 to one of our telephone operators.
Balance means all Transactions made using a Card charged to your Account and includes all purchases, fees and other amounts that you have agreed to pay us or are liable for under these terms and conditions.
Business Day means a weekday that is not a public holiday or bank holiday in Melbourne.
Card means each “WEX Motorpass Card” or “WEX Account Card”, Additional Card, Trade Card, replacement Card or other Card, including any Card that is co-branded or fully branded with a WEX partner, 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).
Cardholder means you and any person authorised by you from time to time to use a Card.
Change of Control means:
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 7 as being the maximum allowable Expenditure Balance of the Account.
Fee Schedule means the schedule of fees which form part of the terms and conditions of account including any variation to it. The Fee Schedule is available at https://www.motorpass.com.au/terms-and-conditions.
Force Majeure Event means an event or circumstance beyond the reasonable control of the Party affected by the event, and which could not be avoided by the exercise of due care by that Party, which makes it impossible or illegal to perform, or prevents or delays compliance with, or the performance of, a Party’s obligations under these terms and conditions, including:
Late payment fee means the amount charged to you if you do not pay the balance on time as specified in a Statement or an amount charged to your Account when demanded by us.
Merchant means a person authorised by us to accept a Card as the means of payment in relation to the supply of goods or services (or both) by that person.
Nominated Vehicle means, in relation to a Card, the vehicle (if any) specified on that Card.
Notification Event means if:
Statement means a statement issued by us pursuant to clause 12 of these terms and conditions.
Transaction(s) means a transaction where a Card is used by a Cardholder to purchase goods or services from a Merchant Site.
we, our, us means WEX and their respective successors and assigns; and
WEX means WEX Australia Pty Limited (ABN 68 005 970 570).
you and your means the Accountholder
Headings are for convenience only and do not affect interpretation. The singular includes the plural and conversely. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
If we accept your Application we will open an Account in your name. If you are a corporation or partnership the Account will be opened in the name of that corporation or partnership. Your Account will be governed by these terms and conditions.
Upon opening the Account we will, at our discretion, issue the Cards you applied for. If you ask us to we will, at our discretion, issue Additional Cards from time to time. We may, at our discretion, request that you activate the Card(s) prior to use. Any amount payable under these terms and conditions will be charged to your Account and recorded in a Statement (refer to clause 12).
You will be deemed to have accepted these terms and conditions on the occurrence of any of the following:
If there is more than one Accountholder, these terms and conditions will apply to each Accountholder collectively and individually and you will each be jointly and severally liable under them. If the Accountholder is a partnership, each partner in the partnership will be jointly and severally liable under these terms and conditions.
You recognise and acknowledge that the Card is a charge card and not a credit card and is issued subject to the fees as set out in, or contemplated by, the Fee Schedule provided with your application. These terms and conditions will deemed to have been accepted by you, irrespective of whether you have activated the Card(s) we have issued.
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 to be able to process your application.
By submitting the Application, or using the Card, you agree that, subject to the Privacy Act 1988 (Privacy Act), for the primary purpose of assessing your application and administering the Card arrangements, we may:
Exchange information about you with any credit providers named in your commercial credit report or consumer credit report issued by a credit reporting agency:
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 Act1988 (Cth);
We acknowledge that you can, without charge, request a copy of any personal information about you held by us by writing to us at WEX Australia Pty Ltd GPO Box 5342 Melbourne VIC 3001.
You must not use the Card or the Account for an unlawful purpose. You must not allow anyone other than a Cardholder to use the Card or the Account. 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.
You acknowledge and agree that we have the right to refuse authorisation for any Transaction without cause or prior notice and that we will not be liable to you, a Cardholder or anyone else for loss or damage resulting from such refusal.
Each Card remains our property and must not be altered or defaced. A Card is not transferable.
If, for any reason, we cancel a Card or ask you to return a Card you must immediately cut the Card in half and promptly return it to us. 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 notify us and cut the Cardholder’s Card in half and promptly return it to us. If we are not notified and any Card is not cut in half and 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.
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 and conditions and only for authorised transactions. You must use your best endeavours to secure the return to us of any Card that has been lost or stolen.
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. This variation will take effect at the time specified in the notice. If you request an increase to your Expenditure Limit (either permanently or temporarily) and we agree to your request, we may charge you a fee to temporarily or permanently increase your Expenditure Limit. The Expenditure Limit will also be set out on each Statement. You must ensure that the Expenditure Balance at any time does not exceed the Expenditure Limit. If it does you must immediately pay to us the amount that exceeds the Expenditure Limit. We will also charge to your Account an overlimit fee for each month (or part thereof) that the Expenditure Balance exceeds the Expenditure Limit.
You are liable to pay us when due all amounts charged to your Account pursuant to these terms and conditions. Except as set out in clause 9 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:
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. We may also charge to your Account any fees, charges or other amounts payable to us by you pursuant to the terms and conditions and the Fee Schedule.
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 to make an unauthorised transaction or if a renewal Card has not been received when due. 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. 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 renewal Card has not been received then:
Notwithstanding the remainder of this clause, if you, or a Cardholder are involved in an unauthorised transaction or the non-receipt of the renewal Card, your obligation to pay amounts charged to the Account will not be affected or limited by this clause 9.
To the extent permitted by law we are not responsible if, for any reason, a Merchant refuses to accept a Card.
To the extent permitted by law, we are not responsible in any respect for any goods or services acquired by any person using a Card or otherwise. You must resolve any complaint or dispute relating to goods or services (including, without limitation, relating to their supply, quality or use) acquired by any person using a Card or otherwise directly with the supplier of the goods or services. Your obligation to pay amounts charged to your Account will not be affected or limited by any such complaint or dispute.
We will send a Statement to you as soon as practicable after the end of each billing period (as determined by us) if:
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 fee.
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.
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 days of the date payment is due of any errors or discrepancies. If you do not notify us within that 60 day period, you accept that the Account Transaction information is valid and correct. No interest will be charged if payment is made within 30 days of receipt of invoice. If no payment is made within 30 days of receipt, you must, if demand is made by us, pay interest on the unpaid amount accrued daily from the time it falls due until the amount has been paid in full.
The Balance shown on a Statement is due and payable to us on the date specified or described in the Statement. We can also, at any time, 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.
You can pay amounts to us by the methods shown on your Statement. We do not accept cash payments. 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. 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. 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. We accept no responsibility in respect of payments sent to us by post or payments made to other persons for transmission to us. All payments are at your risk until received by us. If we receive a cheque, draft or other payment instrument from you or from another person on your behalf which 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 legal fees. If you have arranged to pay us through a direct debit you agree to pay us the dishonoured payment fee, the dishonoured amount plus our reasonable collection costs and legal fees.
If you make a payment to us which we do not treat as a payment of a Balance or other amount due and payable to us (and which is not a Security Payment (as defined below)) (Other Payment and which payment includes the amount remaining at any time after any set-off by us), we hold the amount of that Other Payment on bare trust for you on the terms of this paragraph of clause 13. We have no obligations as trustee other than to deal with the Other Payment in accordance with this paragraph of clause 13. We can, if so indicated in any Statement or otherwise in our discretion, 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 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:
As a security for the performance of your obligations under your Account, you must pay to us any amount we require for that purpose (“Security Payment”, and which term includes the amount of any increase under this clause 14).
If we require a Security Payment and notify you of the amount:
We will calculate the amount of any Security Payment required under this clause 14 by reference to the use of your Cards and value of Statements which we consider likely under your Account, acting reasonably.
We may increase the amount of a Security Payment (which includes any increased amount under this clause 14) which we require by notice to you in writing where we consider it appropriate, acting reasonably and having regard to the then current use of your Card and value of Statements which we have issued or consider likely, and if we do so the provisions of this clause 14 will apply in respect of the amount of the increase, except that the date for your payment to us is the date which is 5 Business Days after the date of our notice to you requiring the increase.
We have no obligation to pay or apply the amount of the Security Payment to you or for your benefit, and no debt is due and payable by us to you in respect of the Security Payment, other than:
Regardless of any Security Payment made by you or other payment made by you referred to in the last paragraph of clause 13 (Other Payment), you must make all payments in accordance with these terms and conditions and pay all other amounts in full to us under these terms and conditions without any set-off, withholding or reduction for any reason, including any existing or future act, omission or default by us.
Any right to set-off in respect of the Security Payment or Other Payment is a right exercisable by us alone. No interest is payable on a Security Payment or Other Payment.
In this clause, a Guarantee means, in a form acceptable to us:
We may require that you provide us with a Guarantee or Guarantees as security for the performance of your obligations under your Account.
If we require any Guarantee:
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:
We reserve the right to vary all fees and charges at any time by providing you with 30 days’ prior notice in writing.
If a Management fee applies to your Account, you must pay to us the Management fee for each Card issued on your Account each month as stated in the Fee Schedule. This fee is payable in respect of the provision of statistical information reports which will be provided in your Statements and the use of the Card. The Management Fee is payable irrespective of whether the card is used or not used in a given month.
If allowed on your Account, a Cardholder is entitled to charge a taxi fee to the Cardholder’s Account through Cabcharge. The Cardholder can only charge the taxi fee to their Account if the taxi was obtained at current commercial rates.
A credit card processing fee applies to all MasterCard, Visa and American Express payments, as outlined on the Fee Schedule. There is no fee applicable if you choose to pay by direct debit from your bank account, cheque or BPAY. There is no entitlement to a refund or pro rata payment of any fees if an account is closed.
Any reference to “overdue amount” includes any late payment fees that have been charged to your Account and remains unpaid. A late payment fee will be charged to your Account if you do not pay the Balance shown on a Statement by the date specified or described in the Statement or you do not pay an amount charged to your Account when demanded by us. The late payment fee will comprise a late fee and an administration fee as outlined in the Fee Schedule.
We may also charge you the fees set out in the Fee Schedule.
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.
Any amount we receive from you will be applied in any order we choose to amounts charged to your Account, or any other Account, that you have with us that are outstanding.
Notwithstanding any other provision in these terms and conditions, we may cancel any Card with immediate effect at any time and at our discretion without providing you or the Cardholder with prior notice or any reason, including, without limitation, in the event of a proposed Change of Control. 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 9 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. Any Card that is cancelled must not be used and you must immediately cut it in half and promptly return it to us. Subject to clause 9, 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.
Your Account will be closed when:
We can suspend the Account or a Card at any time without notice:
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 under these terms and conditions.
Subject to these terms and conditions, any notice, demand or other communication given or made under these terms and conditions must be:
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):
Client Services Manager, GPO Box 5342 Melbourne VIC 3001
Phone: 1300 366 109
For the purpose of providing notice, your contact details are (unless you otherwise notify us in accordance with clause 28) the details provided in your Application for the Account.
You must notify us:
If we ask you to provide us with the name and address of any person authorised by you to use a Card you must do so immediately and, in any event, within three days after we ask you.
If you disagree with any amount charged to the Account, please contact us as soon as possible on 03 9274 9100. You must provide us with written confirmation of your claim and any supporting evidence upon request. Nothing in this clause 29 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.
During the 14 days after we receive your written claim and supporting evidence (if any), we will use our best efforts to resolve the dispute with you. You must also use your best efforts to resolve the dispute with us.
We may sub-contract all or any part of our obligations under these terms and conditions at any time at our absolute discretion. We may assign or transfer to any person any of our rights and obligations under these terms and conditions or in respect of your Account at any time at our absolute discretion.
You must not assign, novate or otherwise transfer any of your rights or obligations under these terms and conditions without our prior written consent. We may not unreasonably withhold this consent.
The laws of Victoria govern these terms and conditions. You submit to the nonexclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning these terms and conditions.
Time will be of the essence in relation to your obligations under these terms and conditions. We may setoff and apply any payments required to be made by us under your Account against any payments you are required to make under this Account.
If a party is prevented in whole or in part from carrying out its obligations under these terms and conditions 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. 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. If a party is prevented from carrying out its obligations due to a Force Majeure Event for a period of three months or more, the other party can cancel your Cards and close your Account with 30 days’ prior written notice.
No failure to exercise, nor any delay in exercising, any right, power or remedy by us operates as a waiver. 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:
Under the Australian Consumer Law, certain statutory guarantees (Consumer Guarantees) are conferred in relation to the supply of goods or services if the price of the goods or services is $40,000 or less or the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption. Except for the Consumer Guarantees (if applicable), and the warranties and conditions set out in these terms and conditions, and except to the extent prohibited by law, we respectively exclude all implied terms, warranties and conditions from operating in.
Effective: 30 November 2018
Telephone: 03 9274 9100
WEX Australia Pty Ltd
ABN 68 005 970 570
GPO BOX 5342 MELBOURNE VIC 3001