Mobil Terms and Conditions

Mobil Card Terms & Conditions

TERMS OF CREDIT

This Agreement sets out the terms of: (a) credit granted by Smart Loyalty New Zealand Limited ("Smart Loyalty") to the Customer; and (b) the creation and operation of the Customer’s Account with Smart Loyalty for the purchase of Products from the Outlets by the Customer. Use of the Account is to constitute acceptance of these terms and conditions even if this Agreement has not been signed by the Customer.

1. DEFINITIONS AND INTERPRETATION

1.1 In this Agreement Smart Loyalty New Zealand Limited are referenced in trading as Smart Loyalty.

(a) “Account” means the Customer’s account with Smart Loyalty for the purchase of Products, and for which Cards are to be issued in accordance with this Agreement.

(b) “Card” means the credit card(s) issued by Smart Loyalty to the Cardholder(s) for use at, and the purchase from, the Outlets.

(c) “Cardholder” means the person whose name is imprinted by Smart Loyalty on the Card or, in the case of a Card issued in respect of a vehicle, the driver of the vehicle, the registration number of which is imprinted by Smart Loyalty on the Card;

(d) “Credit Voucher” means a voucher, or the procedure in the case of an Electronic Transaction, prescribed by Smart Loyalty to enable credit to be granted to the Cardholder.

(e) “ECM Network” means the electronic transfer at point of sales network used by applicable fuel companies at the Outlets.

(f) “Electronic Transfer” means a Card transaction effected through the ECM Network.

(g) “Smart Loyalty” means Smart Loyalty New Zealand Limited and includes its successors and assigns and, where not repugnant to the context, the contractors, consultants, employees and agents of Smart Loyalty.

(h) “Floor Limit” means $150.00 or any other amount notified by Smart Loyalty from time to time.

(i) “Outlets” means the service stations, dealerships, depots and fuel dispensing facilities owned or operated by applicable fuel companies and/or their agents or franchises where the Card can be used.

(j) Applicable Fuel Companies means Mobil Oil New Zealand Limited and includes their successors and assigns.

(k) “PIN” stands for the personal identification number selected by, the Cardholder in relation to a Card.

(I) “Products” means applicable fuel companies petrol and diesel. (m) “Sales Voucher” means a voucher in the form prescribed by Smart Loyalty or applicable fuel companies for use in connection with purchases by the Cardholder.

1.2 ln this Agreement, unless the context otherwise requires or specifically otherwise states:

(a) if any party comprises more than one person, each of those persons’ liability is joint and several;

(b) reference to a party or person includes any form of entity and their respective successors, assignees and representatives;

(d) the singular includes the plural and vice versa;

1.3 These terms prevail over any other terms and conditions, or other form of contract, despite any indication to the contrary by any person acting or apparently acting on behalf of Smart Loyalty, unless agreed in writing by a duly authorised officer of Smart Loyalty.

2. OWNERSHIP OF CARD

2.1 Smart Loyalty retains ownership of any Card issued to a Cardholder.

3. THE CARD

3.1 The Cardholder must sign the Card with the Cardholder’s usual signature immediately upon receipt of it for identification and prevention of unauthorised or fraudulent use by any other person.

3.2 The Cardholder must keep the Card in a safe place at all times and ensure no-one else uses it.

3.3 The Cardholder is to keep their PIN confidential and must not allow, intentionally or unintentionally, it to be disclosed to any other person.

3.4 Upon the cancellation, termination or expiry of an individual card by the customer or Smart Loyalty, the customer or cardholder will immediately destroy the card. All amounts outstanding and owing to Smart Loyalty by the customer shall become due and payable to Smart Loyalty immediately whether or not demand is made. The card shall not be used for any purchases after its cancellation, termination or expiry. The customer shall remain liable for any use of the card after its cancellation, termination or expiry.

4. USING THE CARD

4.1 Any Cardholder who is authorised by Smart Loyalty may use the Card for the purchase of Products from the Outlets.

4.2 No purchase with a Card is complete until the Cardholder has properly completed either a Sales Voucher or an Electronic Transaction.

4.3 The Card may not be used to obtain cash from an Outlet or to purchase fuel company Vouchers or any other gift or petrol vouchers which may be available at the Outlet.

4.4 No single transaction on a Card may exceed the Floor Limit as set from time to time by Smart Loyalty.

4.5 The Cardholder may not complete a purchase of Products (by Sales Voucher or Electronic Transaction) if they fail, after three attempts, to properly enter their PIN and have it accepted by the ECM Network.

4.6 The Customer and/or Cardholder shall immediately notify Smart Loyalty upon their change of address (if any) during the term of this Agreement.

4.7 Any cards that have not been used for a period of 3 months will be suspended and will only be reactivated with written approval from the approved card owner. Reactivation may take up to 36 hours to complete. Any cards not used for a period of 12 months will be automatically deactivated.

5. PRICE

5.1 The price of the Products shall be the price set by Mobil as at the date of supply.

5.2 Mobil reserves the right to adjust its prices at any time and from time to time.

5.3 No discounts, points, rebates or concessionary rates shall apply to accounts in respect of which there is any overdue money.

6. COSTS

6.1 The Customer will pay to Smart Loyalty:

(a) a monthly account fee of $1.95+GST

(b) an additional/replacement/renewal card fee of $6.00+GST per card

(d) any other fees charged by Smart Loyalty, but only after notification by Smart Loyalty

(e) any debt collection costs and legal costs (including solicitor and client costs) incurred by Smart Loyalty in seeking to recover any amount owing by the Customer under this Agreement.

7. LOSS AND UNAUTHORISED USE OF CARD

7.1 lf a Card is lost, stolen, mislaid or the PIN number disclosed or the Customer and/or Cardholder knows the Card is in the possession of another person (“Unauthorised Use”), the Customer or Cardholder shall:

(a) immediately notify Mobil of the Unauthorised Use by ringing Mobil customer service on 0800-732- 277, (or such number as notified from time to time); and

(b) as soon as possible thereafter (and, in any event, no later than one working day after the Unauthorised Use) notify Smart Loyalty of the Unauthorised Use and give Smart Loyalty all relevant information.

7.2 If the Customer and/or Cardholder has not complied with clause 3 and/or clause 7.1 and there has been Unauthorised Use of the Card, the Customer shall be liable for the lesser of:

(a) the actual loss at the time the Customer and/or the Card holder notified Mobil;

(b) a sum equivalent to the maximum amount of Products the Cardholder would have been able to purchase with the Card from the time the Unauthorised Use commenced to the time Mobil was notified under clause 7.1

8. REPLACEMENT CARD

8.1 Smart Loyalty will replace any lost, stolen or damaged Card, at the Customer’s request and on payment of any applicable fees. Any replacement Card will be subject to the terms and conditions of this Agreement as if it were the original Card. Smart Loyalty may, at any time, charge a fee for a replacement Card.

9. DEFAULT BY CUSTOMER

9.1 If the customer is late in payment or any payment by the Customer is dishonoured, then the Customer will pay to Smart Loyalty interest at a rate of 2% per month (calculated and compounded daily) from the date the amount is due until full payment is received by Smart Loyalty.

9.2 All credit and any other amounts payable under this Agreement shall become immediately due and payable to Smart Loyalty (even if the due date has not yet arrived):

(a) if the Customer fails to make payment of any money on the due date for payment or is otherwise in breach of this Agreement; or

(b) if the Customer (in the case of an individual) commits an act of bankruptcy or on the appointment of a liquidator or receiver of the Customer (in the case of a company) (”Event of Default”); or

9.3 If an Event of Default occurs, Smart Loyalty may terminate this agreement.

9.4 Smart Loyalty reserves the right to suspend access to a member's reward points balance in the event of default of payment. If payment is not received according to these terms and conditions, Smart Loyalty reserves the right to access and utilise the member's points to recover outstanding money owed to Smart Loyalty.

10. PAYMENT OF ACCOUNT

10.1 Smart Loyalty will render fortnightly electronic invoices to the Customer on the 1st and 16th day of each month for the amount outstanding on the Card and any other costs payable under clause 6. Invoices will be rendered in accordance with the terms specified on the Cardholder Application Form. The balance shown in the invoice is to be paid to Smart Loyalty by direct debit from the Customers bank account on a fortnightly basis. The fortnightly direct debit is to occur on the second calendar day following the date of the invoice. we will send an invoice or statement in respect of the Account to the Customer twice per month, or as otherwise agreed.

10.2 Payments by the Customer will be applied first in reduction of any interest and costs due, and the balance in reduction of other amounts due.

10.3 Smart Loyalty reserves the right to unilaterally change the credit terms from time to time.

11. TERM OF AGREEMENT

11.1 This Agreement shall commence when the Cardholder is notified by Smart Loyalty that they have authority to use the Card and end upon termination by either party in accordance with this Agreement.

11.2 The Customer may terminate this Agreement by giving Smart Loyalty 14 days’ prior written notice of such termination PROVIDED it is not in breach of this Agreement.

11.3 Smart Loyalty may terminate this Agreement at any time without notice to the Cardholder.

11.4 On termination of this Agreement, the Cardholder will cut the Card in two and return both pieces of the Card to Smart Loyalty.

11.5 The customer will remain liable for any transaction made using the Account and any other liability or obligation under this agreement.

12. AMENDMENTS AND ERRORS

12.1 Smart Loyalty may vary any or all of the terms of this Agreement at any time. If the variation affects the Customer’s maximum liability for losses or adjusts any transaction limits, Smart Loyalty is to give the Customer 5 days’ prior written notice of such variation.

12.2 Smart Loyalty may at any time correct any error relating to a transaction on a Card, whether or not the correction is in the Customer’s favour.

13. LIABILITY

13.1 Any difficulties the Customer may experience with Products purchased with the Card remain the sole responsibility of the Outlet from which they were purchased, without recourse to Smart Loyalty.

13.2 The Customer acknowledges that the Products are applicable fuel company brand petroleum products and that the fuel companies claim these meet standards set out on “Product Data Sheets”. The Customer further acknowledges, however, that Smart Loyalty is not to be liable for any loss, damage or injury of any kind whatsoever suffered by the Customer (arising directly or indirectly);

(a) if the Products do not meet such standards;

(b) from any negligence on the part of Smart Loyalty; or

(c) for any loss, damage or injury caused to the Customer’s servants, agents, contractors, customers, tenants, trespassers or other persons due to the reasons set out in paragraphs (a) and (b). Without limiting this, Smart Loyalty will not be liable for any claim for loss or compensation or other remedy (of any nature, including under contract or in negligence) by the Customer or any other person including without limitation any claim relating to or arising from: (i) any condition, warranty, description, representation, condition as to fitness or suitability for any purpose, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or

(ii) any representation, warranty, or agreement made by any agent or representative which is not expressly confirmed by Smart Loyalty in writing.

13.3 lf, despite this clause 13, Smart Loyalty is held to be liable to the Customer under these terms for loss of any nature (including under any contract and in negligence) Smart Loyalty’s total liability will not exceed the price of the Products in relation to which that liability was incurred.

13.4 The Customer is to procure all its Cardholders to comply with this Agreement. Any action or inaction by any Cardholder is deemed to be the action or inaction of the Customer. Accordingly, the Customer is responsible for any failure by any Cardholder to comply with this Agreement. The Customer indemnifies, and agrees to keep indemnified, Smart Loyalty for any loss, action, damage, costs suffered or incurred whatsoever as a result (directly or indirectly) of such breach by any Cardholder.

14. NOTICES

14.1 Any notice given:

(a) by the Cardholder must be received by Smart Loyalty either by facsimile, post or email as per the details indicated on the Credit Application Form;

(b) by Smart Loyalty is deemed to be served if delivered either to the Customer’s registered office (if the Customer is a company) or to the Customer’s email address as notified to Smart Loyalty in writing.

15. VALIDITY OF TERMS

15.1 The illegality, invalidity or unenforceability of any term of this Agreement shall not affect the legality, validity or enforceability of any other term.

16. NO ASSIGNMENT

16.1 The Customer must not transfer its interest in this Agreement to any other person without Smart Loyalty prior written consent.

17. NO AGENCY

17.1 The Customer acknowledges that Smart Loyalty is not an agent of any fuel company and no acts or omissions by the fuel companies are to be treated as acts or omissions by Smart Loyalty, or vice versa.

18. PRIVACY ACT 1993

18.1 Smart Loyalty will ensure that any information received by it is held securely and will not use it or disclose it to the public except for the purposes below, as authorised by the Customer or when required or authorised by law.

18.2 Any information received and held by Smart Loyalty is available to the Customer to see and correct if necessary under the provisions of the Privacy Act 1993, upon written request to Smart Loyalty.

18.3 By entering into this Agreement, the Cardholder also authorises Smart Loyalty to:

(a) use the information for the general purpose of establishing and maintaining a relationship between the Customer, Cardholder, Smart Loyalty and the applicable fuel companies, including the provision of any products or services which Smart Loyalty considers may be of interest to the Customer;

(b) disclose the information to other persons only in the following circumstances:

(i) where disclosure is required or permitted by law;

(ii) where disclosure is to a reputable market research organisation subject to a strict confidentiality agreement, to assist Smart Loyalty in seeking its customers’ views on its existing and proposed services;

(iii) where disclosure is to a reputable credit or other agency in response to a request regarding the Customer’s creditworthiness; or

(iv) where disclosure in any other circumstances is authorised by the Customer.

18.4 Any party requested by Smart Loyalty to provide such information is authorised to disclose that information.

19. WAIVER

19.1 lf Smart Loyalty exercises or fails to exercise any right or remedy available to it, this will not prejudice its rights in exercising that or any other right or remedy.

19.2 Any waiver of any term of this Agreement into which these terms are incorporated must be specified in writing and signed by an authorised officer of Smart Loyalty.

CONDITIONS OF THIS AUTHORITY TO ACCEPT DIRECT DEBIT

1. THE INITIATOR:

(a) Will not initiate a Direct Debit on my/our account unless authorisation is received from me/us in accordance with the terms and conditions agreed between me/us and the Initiator of each amount to be debited from my/our account.

(b) Has agreed to send notice of the net amount of each Direct Debit and the due date of debiting after receiving authorisation from me/us under clause 1 (a) but no later than the date the Direct Debit will be initiated. This notice must be provided in writing (including by electronic means and SMS where the Customer has provided prior written consent (including by electronic means including SMS) to communicate electronically). The notice is to include the following message: “The amount $....... will be directly debited to your Bank account on (Initiating date)”

(c) May, upon the relationship which gave rise to this Authority being terminated, give notice to the Bank that no further Direct Debits are to be initiated under the Authority. Upon receipt of such notice the Bank may terminate this Authority as to future payments by notice in writing to me/us.

2. THE CUSTOMER MAY:-

(a) At any time, terminate this Authority as to future payments by giving notice of termination to the Bank and to the Initiator by means agreed by the customer, Bank and Initiator.

(b) Stop payment of any Direct Debit to be initiated under this authority by the Initiator by giving written notice to the Bank prior to the Direct Debit being paid by the Bank.

(c) Where a variation to the amount agreed between the Initiator and the customer from time to time to be Direct Debited has been made without notice being given in terms of clause 1(a) above, request the Bank to reverse or alter any such Direct Debit initiated by the Initiator by debiting the amount of the reversal or alteration of a Direct Debit back to the Initiator through the Initiator’s Bank PROVIDED such request is made not more than 120 days from the date when the Direct Debit was debited to my/our account.

3. THE CUSTOMER ACKNOWLEDGES THAT:-

(a) This authority will remain in full force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death, bankruptcy or other revocation of this authority until actual notice of such event is received by the Bank.

(b) In any event this authority is subject to any arrangement now or hereafter existing between me/us and the Bank in relation to my/our account.

(c) Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this authority. Any other dispute lies between me/us and the Initiator.

(d) Where the Bank has used reasonable care and skill in acting in accordance with this authority, the Bank accepts no responsibility or liability in respect of:- - the accuracy of information about Direct Debits on Bank statements; and - any variations between notices given by the Initiator and the amounts of Direct Debits.

(e) The Bank is not responsible for, or under any liability in respect of the Initiator's failure to give notice, in accordance with 1(a) nor for the non-receipt or late notice by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the Initiator.

4. THE BANK MAY:-

(a) In its absolute discretion conclusively determine the order of priority of payment by it of any monies pursuant to this or any other authority, cheque or draft properly signed by me/us and given to or drawn on the Bank.

(b) At any time terminate this authority as to future payments by notice in writing to me/us.

(c) Charge its current fees for this service in force from time-to-time. After signing the page 1 and initialling page 2, please scan and email to: accounts@smartloyalty.co.nz OR Fax to: (07) 848-2395