1. Definitions and Interpretation
“Accident” means a collision between the Customer’s Vehicle and another vehicle or object.
“Agreement” means this agreement for the provision of Services.
“Breakdown” means a mechanical or electrical failure, which causes the Vehicle to be immobilised or renders it unsafe to drive, provided this is not occasioned by attempted or actual theft, attempted or actual break in or Accident related damage. A Breakdown may also mean a driver-related incident including, but not limited to, basic call outs such as a deflated tyre, locked or lost keys, insufficient fuel or flat battery.
“Caltex” means Caltex Australia Petroleum Pty Limited (ACN 000 032 128).
“Services” means those services set out in clause 4.
“Service Provider” means a third party subcontracted to provide roadside assistance at the sole discretion of Caltex.
“StarCard Standard Terms and Conditions” means the terms and conditions between the Customer and Caltex governing the provision of the StarCard Facility and the use of StarCard (if applicable).
“Vehicle” means vehicles conforming to one of the descriptions listed, namely: passenger, 4x4 recreational and light commercial vehicles under 2,500 kg GVM (including payload at the time of breakdown) which are not greater than 2.3 metres wide, 5.5 metres in length or 2.0 metres in height, and registered with Caltex for the Services; or for vehicles that were registered with Caltex to receive the Services prior to 01 November 2014: passenger, 4x4 recreational and light commercial vehicles under 3,500 kg GVM (excluding payload at the time of breakdown) which are not greater than 2.5 metres wide or 6.0 metres in length and with a wheel span less than 1.8 metres.
Words defined in the StarCard Standard Terms and Conditions and used in this Agreement have the same meaning.
2. Customer Service Request
2.1 In order to request a Service, the Customer must phone Caltex on 1800 225 111 and provide:
2.1.1 the 16 digit StarCard number;
2.1.2 name of the Customer (or the Customer’s representative);
2.1.3 make and registration of the Vehicle;
2.1.4 location of the Vehicle;
2.1.5 telephone number by which Caltex can contact the Customer (or the Customer’s representative), while the Customer is waiting for Service; and
2.1.6 any other relevant information.
3. StarCard Standard Terms and Conditions
3.1 Where the Customer’s StarCard facility is governed by the StarCard Standard Terms and Conditions, then those StarCard Standard Terms and Conditions are incorporated into this Agreement and apply to this Agreement.
3.2 In the context that a Caltex Reseller may agree with its eligible StarCard customers to procure Caltex to provide Roadside Assistance for them, the Caltex Reseller may do so on the terms set out in this document except that clause 3.1 will not be applicable.
4.1 Following a request under clause 2.1, Caltex will provide the following services:
4.1.1 roadside assistance restricted to rectification where possible and safe to do so of the most common Breakdown related problems including inflation of a flat tyre, replacement of a flat tyre with the Vehicle’s serviceable spare, assistance with using a tyre repair kit (sealant gel and inflation pack) to effect a temporary repair and jump starting of a flat battery;
4.1.2 minor roadside repairs restricted to carrying out minor Breakdown related repairs where it is possible and safe to do so at the roadside. If major parts or factory diagnostic equipment is required, or where the spare tyre is not serviceable, roadworthy or compatible, or where multiple wheels require changing, or where the repair kit is not suitable to affect a temporary repair, the Vehicle will be transported to the Customer’s preferred destination within the towing limits set out in clause 4.1.6;
4.1.3 replacement of battery and parts, such as hoses and some electrical components, to effect mobilisation of a Breakdown repair are at the cost of the Customer;
4.1.4 fuel sufficient to enable the Customer to drive to a refuelling station, where government regulations permit, or transport the Vehicle to the nearest refuelling station, in circumstances where the Vehicle runs out of fuel;
4.1.5 arranging access to the vehicle, or delivery of the Customer’s spare key, or a locksmith attendance, or a tow where the key has been lost or stolen or locked inside the Vehicle up to $150 (including GST). Subject to satisfactory proof of ownership, or authority to drive the Vehicle. Any excess cost, and the cost of replacement keys is for the Customer. Where the Customer requires the Vehicle to be broken into to recover keys locked inside the Vehicle, the Customer is responsible for any loss or damage that occurs to the Vehicle;
4.1.6 arranging towing services to transport the Vehicle, for up to 30 kilometres from the breakdown location to the Customer’s preferred destination. Towing cost in excess of 30 kilometres, or towing provided in the event that a vehicle has been incorrectly fuelled or towing of a caravan or trailer being towed by the Vehicle which has experienced a mechanical is for the Customer’s cost, payable on demand to Caltex;
4.1.7 rescuing the Vehicle should it become bogged on a road that is legally accessible by a conventional two wheel drive vehicle, up to a maximum value of $150 (including GST) including the use of special equipment such as power winches or extended cables. Any additional cost is for the Customer; and
4.1.8 coordinating a one way taxi of up to $55 (including GST) from the breakdown site to the Customers destination in the event the Vehicle has been cleared for towing. This is restricted to metropolitan areas only. The Customer is responsible for any additional taxi costs.
4.2 The Customer will pay Caltex for any additional services provided to the Customer (including for the avoidance of doubt, those listed in clause 4.
5. Exclusions From Services
5.1 Caltex shall not be held responsible for and is not required to provide any Services where any of the following occur:
5.1.1 where the Vehicle has been modified for racing, trials or rallying or any claim for Service has arisen in respect of such races, trials, rallies or participation in such activities or where the Vehicle is involved in an Accident;
5.1.2 where the Vehicle is carrying more passengers or towing a greater weight than that for which it was designed as stated in the manufacturers specifications or arising from or in connection with the improper, unauthorised, reckless or negligent operation of the Vehicle or misuse of the Vehicle;
5.1.3 where events occur that are outside of both the Customer and the Service Provider’s control, including and not limited to a natural disaster (such as flood, storm or fire), or happening as a result of hostilities whether war has been declared or not, riots, sabotage, and industrial dispute that place extraordinary demands on the provision of service;
5.1.4 provision of Services outside Australia (and for the purposes of this agreement, “Australia” includes the mainland and Tasmania but excludes any other off-shore territory or Island);
5.1.5 a person who was driving the Vehicle without a valid licence issued by a competent authority requests a Service;
5.1.6 mechanical Breakdown is due to driver related damage or misuse of the Vehicle other than deflated tyre, locked or lost keys, insufficient fuel or flat battery;
5.1.7 Vehicle has not been regularly serviced in accordance with the manufacturer’s instructions;
5.1.8 any damage to or theft of objects and accessories left in or outside of the Vehicle;
5.1.9 Cost of Breakdowns resulting from unauthorised repairs or faulty workmanship.
5.1.10 where the Vehicle is not accessible by two wheel drive recovery Vehicles; or
5.1.11 where the Vehicle is found to be unattended when the Service Provider arrives on the scene.
6. Payment Obligation
Where the Customer’s StarCard facility is governed by the StarCard Standard Terms and Conditions, then:
6.1 Caltex will include on the tax invoice issued to the Customer in accordance with the StarCard Standard Terms and Conditions the following amounts: (a) monthly charge for these Services; and (b) any other costs payable by the Customer pursuant to this Agreement.
6.2 The Customer will pay the full amount of the tax invoice by the Due Date in accordance with its obligations under the StarCard Standard Terms and Conditions.
7. Privacy Clause
The Customer acknowledges and agrees that where Caltex subcontracts the Services, subject to the Privacy Act 1988, Caltex is entitled to and will disclose personal information of the Customer to any such third party Service Provider.
In the event that the Customer’s right to use the StarCard Facility under the StarCard Standard Terms and Conditions terminates, this Agreement will also terminate immediately on termination of the StarCard Standard Terms and Conditions.
Caltex may terminate this Agreement at any time if Caltex gives the Customer not less than 5 business days’ notice in writing (and for the avoidance of doubt, termination of this Agreement will not affect any StarCard Standard Terms and Conditions in place between the parties regarding the Customer’s StarCard facility).
In addition to its rights under the StarCard Standard Terms and Conditions, Caltex may vary these terms and conditions where any third party Service Provider engaged by Caltex in connection with providing the Services changes, or Caltex provides any services directly.