Terms and Conditions
- Terms and Conditions Binding. By applying for or first using the Integrated Fleet Solutions Pty Ltd trading as Fuel Max Fuelcards Card, the Applicant acknowledges acceptance of these Terms and Conditions and ensures their observance by the Applicant and Authorised Users until all the Applicant’s Integrated Fleet Solutions Cards expire, are cancelled or otherwise cease to be valid. The Applicant acknowledges that, in the event of such expiry, cancellation or invalidity, it continues to be bound by all obligations and liabilities incurred by it before such expiry, cancellation or invalidity.
- Interpretation. Unless the context requires otherwise, these words have the meaning given: ‘Applicant’ means the applicant named in the Application form. If more than one person is named, each shall be jointly and severally liable under these Terms and Conditions. ‘Authorised User’ means persons authorised by the Applicant to use the Applicant’s IFS Cards and is deemed to be the agent of the Applicant. ‘IFS’ means Integrated Fleet Solutions PTY LTD ABN 82-499-303-385 of PO Box 554 Cannon Hill Q 4170. ‘Purchase Limit’ means the amount nominated as such by IFS from time to time. ‘Motor Fuels’ means super, unleaded and premium unleaded petrol, diesel and automotive LPG. ‘Nominated Person’ means a person nominated by the Applicant for purposes of clause 7. ‘Nominated Premises’ means premises nominated by IFS from time to time as accepting IFS Card. ‘Nominated Vehicle’ means a vehicle nominated by the Applicant for the purposes of clause 6. ‘Other Products and Services’ means products and services other than Motor Fuels nominated by IFS as available on the Applicant’s IFS Card at Nominated Premises. ‘Product’ means Motor Fuels and Other Products and Services. ‘Pump Price’ means retail sale price advertised to the public for the relevant Motor Fuels on pumps or display boards at Nominated Premises at the time of the IFS Card transaction. Singular words include the plural and vice versa. Person includes a company and vice versa.
- IFS Card. If IFS accepts the Applicant’s Application, IFS will make reasonable quantities of IFS Cards available for the Applicant and Authorised Users to obtain Product at Nominated Premises. Reasonable quantities of additional and replacement IFS Cards may be available. Each IFS Card will be marked with the Applicant’s name and identifying number.
- Applicant’s Purchases. Applicants are deemed to purchase:
- IFS Motor Fuels from IFS; and
- all other Product from the operator of the Nominated Premises.
To the full extent permitted by law, IFS shall in no way be held liable for or in respect of Product which are not deemed to have been purchased from IFS under this clause. IFS can rely and act on any facsimile, e-mail or other on-line communication it receives from the Applicant. If the communication was sent without the authority or consent of the Applicant:
- The Applicant is bound by the contents of the communications so far as it affects IFS; and
- IFS will not be liable for any loss, damages, cost or expense incurred by the Applicant.
- Purchase Limit. The Applicant must ensure that its Purchase Limit is not exceeded. Any excess is immediately payable to IFS. IFS reserves the right to suspend all of the Applicant’s IFS cards, without notice, until such time as any excess is paid and the account is brought to within its Purchase Limit.
- Nominated Vehicles. The Applicant may specify a Nominated Vehicle (registration number and description will be embossed on the IFS Card). The Applicant must only use that IFS Card in respect of the Nominated Vehicle. The Nominated Vehicle being a vehicle owned by the Applicant’s business and/ or used for the Applicant’s business or investment purposes (or for both purposes). If requested at the Nominated Premises, the person presenting a vehicle-specific IFS Card must state the registration number and brief description of the vehicle and sign the IFS Card docket or sales voucher. Supply of Motor Fuel on IFS Card must be into the running tank of the Nominated Vehicle/ road vehicle.
- Nominated Persons. The Applicant may specify a Nominated Person (the name will be marked on the IFS Card and the IFS Card may have a signature panel on the reverse). The Nominated Person is an Authorised User and the Applicant agrees to pay for Product and Services supplied. Such IFS Cards must only be used by the Nominated Person for Nominated Vehicles as described in clause 6. At the Nominated Premises, the person presenting the person specific IFS Card may be required to sign the IFS Card docket or sales voucher.
- Unauthorised Use. Except as expressly provided in these Terms and Conditions, the Applicant is responsible for and IFS is not liable for any unauthorised use whatsoever of any IFS Card. If IFS considers that a card has been used other than as permitted or contemplated by these Terms and Conditions, IFS may at any time retain that Card, and forthwith cancel all privileges attaching to that Card and/or to the account to which it relates.
- Supply of Product. On presentation of a valid IFS Card, supplies of Product will be made available to the Applicant and Authorised Users at Nominated Premises, subject to their hours of business and availability of supplies. To the fullest extent permitted by law, IFS shall not be liable in respect of any loss, damage or cost whatsoever, however arising, under or in connection with this contract, and in respect of any liability which can not be so excluded, such liability shall be fully discharged by IFS either (in its sole discretion):-
- supplying the Product;
- resupplying that Product; or
- supplying equivalent product or services
This clause can only be varied by a subsequent written agreement signed by IFS and the Applicant. Without limiting the generality of clause 9, if IFS is prevented from or delayed in delivering any Product or service by an event beyond its reasonable control or by any computer program or computer processor failure, IFS’s obligations are suspended for the duration of that event.
- Property and Loss. All IFS Cards remain the property of IFS. The Applicant must immediately notify IFS of any IFS Card lost, stolen, no longer required or subject to possible unauthorised use, by Card Connect, telephone or facsimile. IFS will take responsibility for unauthorised use once a card has been reported lost, stolen or cancelled.The Applicant must forthwith return to IFS all IFS Cards no longer used and all expired, cancelled or otherwise invalid IFS Cards.
- Fuel Max Fuelcards Contacts and Enquiries. The following contacts should be used for:
- Notification of lost or stolen Fuel Max Fuelcards Cards or unauthorised use,
- Queries, e.g. relating to transactions,
- Requests for new or replacement Fuel Max Fuelcards Cards,
- Notification of any change in the Applicant’s address, proprietorship, directors or legal identity.
Fuel Max Fuelcards Customer Service Centre : 7 3420 5655
during business hours
Post : PO Box 554. Cannon Hill Qld. 4170
Notification of any matter is deemed not to have been effective until confirmed or acted upon by Fuel Max Fuelcards. Web : www.fuelmaxfuelcards.com.au
- Price. Unless otherwise agreed with IFS and notwithstanding details that may appear on any receipt, IFS Card docket or sales voucher, IFS will debit the Applicant’s IFS Card account with:
- The value of Motor Fuels obtained on the Applicant’s IFS Card, at the Pump Price (subject to any current agreement with IFS);
- The value of Other Products and Services obtained on the Applicant’s IFS Card, at the retail price charged at the Nominated Premises at the time of the purchase;
- Fees (of an amount specified by IFS); and
- Government taxes/charges.
- Payment. IFS will periodically provide statement of the Applicant’s IFS Card transactions and any fees or charges for the relevant period. The Applicant must pay the stated amount due by the due date. Unless agreed, payment must be by allowing IFS to direct debit the Applicant’s nominated bank account. The Applicant must do all things necessary to allow direct debit and must not revoke the authority. Should IFS be unable to activate direct debit, payment must be made immediately and IFS may cancel or suspend the Applicant’s IFS Cards. Amounts received by IFS will be applied in the following order: interest, enforcement and legal expenses, government charges or duties, amounts due for IFS Card transactions. The Applicant shall immediately notify IFS in writing of any change to bank account details.
- Payment Default. If payment of any amount owing by the Applicant to IFS is not made by the due date, the Applicant must pay on demand a late fee of thirty five dollars ($35.00). The Applicant shall also reimburse and/or indemnify IFS on demand for any and all expenses incurred by IFS in relation to any enforcement of these Terms and Conditions, or the exercise, preservation or consideration of any rights, powers or remedies under these Terms and Conditions and including in each case, legal costs and expenses on a full indemnity basis and the costs of any agents or contractors acting on IFS’s behalf in respect of any recovery or attempted recovery of any amount due by the Applicant to IFS.
- Third Party. The Applicant acknowledges that IFS may pay to or receive from any third party, fees or benefits relating to the Applicant’s use of IFS Card or purchases of Product or otherwise.
- Cancellation. IFS may cancel any or all of the Applicant’s IFS Cards for any reason at any time without notice. The Applicant must return cancelled IFS Cards to IFS forthwith. On cancellation of all the Applicant’s IFS Cards, the debit balance of the Applicant’s IFS Card account becomes immediately due and payable to IFS. Where the Applicant is a member of an Association, IFS may cancel the Applicant’s IFS Card/s should the Applicant’s membership with the Association cease.
- Financial Information. At IFS’s request from time to time, the Applicant must provide to IFS information in the form and for the period required by IFS in relation to the Applicant’s financial position including a balance sheet, profit and loss statement and cash flow statement and, where the Applicant is a corporation, information in relation to the Applicant’s officers from whom IFS has or seeks guarantees.
- IFS may add to or vary these Terms and Conditions (including pricing and payment provisions) from time to time on 7 days written notice to the Applicant.
- A certificate stating the approximate date upon which the Applicant was notified of any variation or amendment to these Terms and Conditions or stating the amount owing to IFS by the Applicant at the date mentioned in a certificate signed by IFS or an authorised officer of IFS shall be, in the absence of manifest error, conclusive evidence against the Applicant of the matter so stated in the certificate.
- No waiver by IFS of the Applicant’s or Authorised Users’ breach of or failure to comply with these Terms and Conditions is to be construed as a general waiver.
- Time is of the essence for the performance of the Applicant’s obligations.
- Rights and benefits of the Applicant and Authorised Users relating to IFS Card are personal and may not be assigned or transferred in any way. Any purported assignment or transfer is null and void.
- IFS may charge the Applicant any government tax or other charge applied to the Applicant’s IFS Card or its use or the Applicant’s IFS card account.
- The Applicant must give IFS written notice of any change in the Applicant’s proprietorship, directors or legal identity within 7 days of the change.
- These Terms and Conditions are governed by and interpreted in accordance with the laws of Queensland. The Applicant irrevocably submits to the jurisdiction of the Courts of Queensland and waives any objection to such venue and any claim that an action has been brought in an inconvenient forum.
- Notification of any matter is deemed not to have been effective until confirmed or acted upon by IFS.
- IFS reserves the right to charge a credit card processing fee to a customer’s account when the customer uses a credit card to pay their account. This amount of this fee may be changed at any time by IFS.
- GST. If GST is imposed on any supply made under or in accordance with these Terms and Conditions, the Applicant must pay to IFS an amount equal to the GST payable on or for the taxable supply, subject to the Applicant receiving (if required by law) a valid tax invoice in respect of the supply at or before the time of payment. Payment of this amount must be made at the same time as payment for the taxable supply is required to be made in accordance with these Terms and Conditions.
- Card Fees and Replacement Cards. A weekly card fee of $1.09 (+ GST) per week is applicable to all cards. A card re-issue fee of $3.00 (+ GST) applies for any requests for replacement cards. IFS may add to or vary these Terms and Conditions from time to time on 7 days written notice to the Applicant.