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StarCard Terms and Conditions

StarCard Facility and Bulk Standard Terms and Conditions

1. Acceptance of Application

1.1 Caltex may accept or decline an Application (at its sole discretion) by written notice to the Customer after the receipt of the correctly completed Application and all supporting information that may be requested.

1.2 If Caltex accepts an Application, Caltex agrees to provide the Customer with the StarCard Facility and/or Bulk Facility on these Standard Terms and Conditions.

1.3 In consideration of Caltex providing the Customer with the StarCard Facility and/or Bulk Facility, the Customer agrees to be bound by these Standard Terms and Conditions (except where Caltex and the Customer are parties to a separate agreement for the supply of:
(a) Bulk Facility;
(b) StarCard Facility; or
(c) Bulk Facility and StarCard Facility in addition to being a signatory to the Application, in which case, that separate agreement will constitute the agreement between Caltex and the Customer for:
(a) Bulk Facility
(b) StarCard Facility; or
(c) both the Bulk and StarCard Facility as the case may be, and these Standard Terms and Conditions (or the relevant section of these Standard Terms and Conditions) will not apply).

1.4 These Standard Terms and Conditions include the Application, the Direct Debit Service Agreement and the Deed of Guarantee Indemnity and Charge.

2. Term

2.1 These Standard Terms and Conditions commence when Caltex accepts the Customer’s Application and continue until terminated in accordance with clause 9.

3. Credit Limit

3.1 The Customer must not exceed its Credit Limit.

3.2 Caltex may refuse to supply Products or Bulk Products or to process a Transaction for Services to the Customer /Cardholder in excess of the Customer’s Credit Limit.

3.3 If a Transaction or a delivery of any Bulk Products at any time results in the Customer exceeding its Credit Limit (“Credit Limit Exceedance”), the Customer/Cardholder must:
(a) pay Caltex the amount of the Credit Limit Exceedance immediately in full; and
(b) if the Customer/Cardholder is not able to pay in accordance with subclause
(a), immediately return any Products or Bulk Products which are capable of being returned in their original condition to Caltex or the Merchant.

4. Receipts

4.1 Caltex will issue the Customer with a sales voucher or a delivery docket at the time of the Transaction or delivery.

4.2 The Customer agrees that it is the Customer’s/ Cardholder’s responsibility to ensure any sales voucher or delivery docket correctly records the type of the Product, Bulk Product or Service, quantity, price and other details of the purchase.

5. Payment

5.1 Caltex will issue a tax invoice to the Customer for all purchases made during the previous billing period and all fees, charges and moneys otherwise due and payable to Caltex. 

5.2 The Customer must pay the full amount of the tax invoice by the date specified in the tax invoice (“Due Date”).

5.3 The payment will be effected by direct debit from the Customer’s nominated bank account (unless a different payment method is agreed in advance in writing between the Customer and Caltex) in accordance with the direct debit form in the Application. The Customer agrees to be bound by the Direct Debit Service Agreement.

5.4 If the Due Date falls on a non-business day, the payment must be made:
(a) if the payment is effected by direct debit, on the first business day after the Due Date; and 
(b) if the payment is effected by any other payment method, on the business day preceding the Due Date.

5.5 The Customer must make all payments in full without deduction or set-off.

5.6 The Customer must notify Caltex of any dispute of any amount of an invoice within 30 days from the date of the receipt of the tax invoice. Unless the Customer disputes the amount within 30 days, the amount shall be taken to be accepted by the Customer, due and payable to Caltex and not open to dispute or challenge.

5.7 To the extent permitted by law, all money received by Caltex from the Customer will be applied in the manner and order determined by Caltex.

6. Default

6.1 The payment is made on the date when Caltex receives cleared funds into its nominated bank account.

6.2 The Customer is in default if the full payment of the tax invoice is not made by or on the Due Date or if the payment subsequently dishonours.

6.3 If the Customer is in default, in addition to any other right Caltex may have, Caltex may, at its discretion:
(a) charge the Customer interest on the overdue amount at a rate of the then current Westpac Banking Corporation overdraft rate plus 2% per annum from the Due Date until Caltex receives the payment in full; and/or
(b) immediately and without prior notice suspend the provision of either or both of the StarCard Facility and Bulk Facility to the Customer until the payment is made in full; and /or
(c) review and adjust the Customer’s Credit Limit as Caltex considers appropriate; and/or
(d) terminate the provision of either or both of the StarCard Facility and/or Bulk Facility to the Customer immediately without prior notice.

6.4 Caltex will endeavour to notify the Customer prior to the suspension or termination of the StarCard and/or Bulk Facility if the Customer is in default, however, Caltex reserves the right to suspend or terminate the StarCard and/or Bulk Facility immediately and without prior notice if Caltex forms a view that its actions in that respect are justified in the circumstances.

6.5 If the Customer is in default, the Customer will be liable to Caltex for the following:

(a) the unpaid amount; and
(b) any new amount in respect of any purchases and/or fees incurred on the Account after the date of the latest tax invoice issued to the Customer;
(c) any interest on the unpaid amount and any new amount charged to the Customer under clause 6.3(a);
(d) if direct debit or other payment method is dishonoured, the Dishonour Fee; and
(e) all costs and expenses, including full legal and administrative costs incurred by Caltex in attempting to enforce payment or otherwise incurred as a result of the default. All such amounts are debt incurred by the Customer to Caltex and must be paid within 3 business days after the receipt of a tax invoice from Caltex. However, the Customer agrees that if a tax invoice has previously been issued for any amount (such as an invoice for the unpaid amount), such invoice does not need to be reissued under this clause and that amount becomes immediately due and payable on the date of default.

7. Security

7.1 For the purposes of securing payment of all moneys due and payable to Caltex by the Customer arising from the use of the StarCard Facility and/or Bulk Facility, the Customer:
(a) agrees to deliver to Caltex, within 7 days of written demand, a mortgage in respect of the Customer’s Property in a form acceptable to Caltex together with any documents required to obtain registration of the mortgage;
(b) charges to Caltex all its Property (wherever situated) to secure its obligations under this Deed and authorises and consents to Caltex lodging a caveat (in a form and subject to any conditions as Caltex sees fit) upon the title to the Property in Caltex’s absolute discretion; and
(c) irrevocably appoints Caltex and persons nominated by Caltex separately as the attorney of the Customer with power to sign and lodge such caveat or other similar document to give effect to these provisions.

8. Risk

8.1 Risk in the Products and Bulk Products will pass to the Customer when the Products or Bulk Products have passed into the Customer’s vehicle, tank or other storage equipment or when the Products or Bulk Products have been otherwise delivered and unloaded at the Customer’s site or when the convenience store goods have been taken out of the store.

9. Termination

9.1 The innocent party may terminate these Standard Terms and Conditions immediately by notice in writing to the other party if:
(a) the other party commits a material breach of any obligation under these Standard Terms and Conditions and fails to remedy the breach within 14 days after notice from the innocent party to remedy the breach;
(b) the other party breaches any obligation under these Standard Terms and Conditions and the breach cannot be remedied;
(c) the other party goes into liquidation, receivership, administration, bankruptcy, enters an arrangement or compromise with its creditors, has any form of insolvency administrator appointed to it or to any of its property or cannot pay its debts when they are due.

9.2 Caltex may terminate these Standard Terms and Conditions immediately without prior notice if:
(a) the Customer is in default, in accordance with clause 6.3(d); or
(b) the Customer, in Caltex’s reasonable opinion, represents a credit risk to Caltex or may not be able to pay moneys owing or which may become owing  to Caltex as the payments become due; or
(c) (where the Customer is a partnership), one or more partners become bankrupt or the partnership is dissolved;
(d) the Customer dies; or
(e) the Customer fails to purchase in any period any agreed minimum annual quantities of Products or Bulk Products.

9.3 Either party may terminate these Standard Terms and Conditions at any time by giving the other party 30 days written notice.

10. Effects of Termination

10.1 On termination of these Standard Terms and Conditions:
(a) without limiting in any way clause 6.5, all money owing to Caltex by the Customer immediately becomes due and payable without prejudice to any other right of Caltex;
(b) a party may take such action as it is entitled to take by law, and, for the purposes of the recovery of the Products or Bulk Products, Caltex may enter any site where the Products or Bulk Products are stored and take possession of them; and
(c) any right accrued prior to the termination remains unaffected.

11. Limitation of Liability

11.1 Caltex will not, under any circumstances, be liable to the Customer, whether directly or indirectly for:
(a) the act or omission of the Merchants, the provision of or the quality or standard of the Services provided by any Merchant;
(b) any fault with any automatic or electronic facility used in connection with or to process the StarCard Facility;
(c) any fault with any Card (including PIN);
(d) any fault with the Customer’s tanks, storage equipment, loading and unloading facilities, site or other delivery locations;
(e) any third party claim arising out of supply of Products, Bulk Products or
Services or the performance or non-performance of any obligations under these Standard Terms and Conditions.

11.2 All express or implied guarantees, warranties, representations, or other terms and conditions relating to the Products, Bulk Products or Services which are not stated in these Standard Terms and Conditions are excluded to the maximum extent permitted by law.

11.3 Nothing in these Standard Terms and Conditions excludes, restricts or modifies any right or remedy or any guarantee, warranty or other term or condition implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

11.4 If any guarantee, warranty, term or condition is implied or imposed in relation to these Standard Terms and Conditions under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non Excludable Provision”) and Caltex is able to limit the Customer’s remedy for breach of the Non Excludable Provision, the liability of Caltex for breach of the Non-Excludable Provision is limited to one or more of the following at Caltex’s option:
(a) replacement of the defective Products or the supply of equivalent products; or
(b) payment of the cost of replacing the defective Products or of acquiring equivalent products.

11.5 Subject to Caltex’s obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, the maximum aggregate liability of Caltex for all claims under or relating to these Standard Terms and Conditions or supply of the Products, Bulk Products and/or Services whether in contract, tort (including without limitation negligence), in equity, under statute, or on any other basis, is limited to an amount equal to the annual Fee.

11.6 Subject to Caltex’s obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, Caltex is not liable for and no measure of damages will, under any circumstances, include:

(a) special, indirect, consequential, incidental or punitive damages; or
(b) damages for loss of profits, revenue, goodwill, or anticipated savings, whether in contract, tort (including negligence) in equity, under statute, or on any other basis, whether or not such loss or damage was foreseeable.

12. Indemnity

12.1 The Customer shall indemnify and hold Caltex harmless against any claim, liability, cost or expense arising directly or indirectly out of:
(a) a breach by the Customer of any provision of these Standard Terms and Conditions;
(b) storage, handling and dispensing of any Products or Bulk Products at the Customer’s site or other premises;
(c) misuse, whether innocent or wilful, by the Customer of any Card or the StarCard Facility or Bulk Facility.

13. GST

(a) Subject as may otherwise be expressly stated, and subject to the provisions set out below, if any supply made under or in connection with these Standard Terms and Conditions by one party (‘Supplier’) to the other party (‘Acquirer’), is subject to GST, the payment for that supply will be increased by an amount equal to the GST payable.
(b) The Acquirer will not be obligated to make any payment for either the supply referred to in paragraph (a)
(c) or on account of the GST referred to in paragraph (a)
(d) until the Supplier has issued a tax invoice to the Acquirer for the supply to which the payment relates.
(e) If a payment made by one party to the other party is a reimbursement or indemnification of a cost, expense, loss or liability incurred by that other party, the payment shall be reduced by an amount for which that party is entitled to an input tax credit.
(f) Words or expressions used, which are defined in A New Tax System (Goods and Services Tax) Act 1999, have the same meaning.

14. Privacy Notice and Agreement

14.1 Privacy Agreement set out in the Application is expressly incorporated into these Standard Terms and Conditions.

15. Notices

15.1 StarCard Facility: Except as specified in clause 20.2, all notices must be in writing and must be delivered, mailed or sent by facsimile or e-mail: 
(a) to Caltex, using the Contact Details in clause 26; and
(b) to the Customer, using the Customer’s contact details as nominated in the Application or as otherwise advised by the Customer in writing.

15.2 The notice will be deemed served when, if delivered, on delivery; if sent by mail, two business days after the date on which the notice was posted; and if sent by facsimile, on confirmation of the successful transmission of all pages and, if sent by e-mail, on the receipt of the e-mail by the recipient’s computer network.

16. Force Majeure

16.1 Caltex will not be responsible for failure or for any losses resulting out of the failure to supply or deliver any Products or Bulk Products caused by force majeure, including:
(a) partial or total interruption of transport, fires, strikes, differences with workmen, armed conflict, interference of civil or military authority;
(b) curtailment, failure or cessation of supplies of crude oil or any other products from Caltex’s existing, future or contemplated sources of supply;
(c) any breakdown of plant, machinery or equipment owned or operated by Caltex necessary for the production of Products or Bulk Products or any planned or unplanned shutdown of any refinery owned or operated by Caltex;
(d) Court orders, Government policy or orders including price controls, levies, premiums or surcharges, requirement, request or allocation program;
(e) embargoes or other import or export restrictions or any other causes that in the opinion of Caltex are beyond its control; or
(f) anything falling under the general meaning of force majeure or the matters specified in this clause, that would in the reasonable opinion of Caltex make the performance of this Agreement uneconomic to Caltex.

16.2 If for any such cause Caltex is unable to supply any of the Product or Bulk Products its obligations under these Standard Terms and Conditions shall be deemed suspended for the period it is unable to supply. In the event of a shortage of such Products or Bulk Products Caltex may, without being deemed to be in breach of these Standard Terms and Conditions, ration or apportion its available supplies among such of its Customers as it may, in its absolute direction, deem desirable during the period or periods of shortage.


17. Purchases

17.1 Caltex agrees to provide the Customer with the StarCard Facility for the purposes of purchasing some or all of Products and Services (excluding Bulk Products) from Merchants.

17.2 The Customer agrees that the StarCard Facility must be used by the Customer wholly or predominantly for business purposes.

17.3 The Customer must pay the prices charged by the Merchant for Products and Services at the time of the Transaction, unless different prices are agreed in advance between the Customer and Caltex in writing.

17.4 In addition to the price for Products and Services, the Customer must pay:
(a) any duties, taxes, government charges, levies and other imposts presently or in the future being levied by any government or regulatory authority on any of the Products or Services, or the price of any of the Products or Services, in the amounts applicable from time to time;
(b) any costs incurred by Caltex in order to comply with the present and/or future requirements of any government or regulatory authority, including any requirements relating to pollution, carbon, emissions and greenhouse gases (including reporting requirements, the holding of permits and the holding of off-set credits), to the extent such costs increase the cost of any Products or Services or the cost of production or delivery of any of the Products or Services;
(c) a Card Fee, as agreed between the Customer and Caltex;
(d) a Transaction Fee, as agreed between the Customer and Caltex;
(e) any Card reissue fee, if Caltex reissues any Card to the Customer, unless otherwise agreed in advance between the Customer and Caltex in writing;
(f) any Surcharge; and
(g) GST, where applicable.

17.5 Caltex will charge all amounts due for the purchases of Products and Services to the Customer’s StarCard Account.


18. Use of Cards

18.1 Caltex may issue any Cards to the Customer for the persons or vehicles nominated in the Application.

18.2 Subject to clause 20, the Customer, as the StarCard Facility holder, is responsible for the use of the Cards by any of the Cardholders, including the use of PINs.

18.3 The Cardholder must provide the Card to the Merchant at the time of the Transaction.

18.4 The Customer may only use the Cards which are valid and, subject to earlier suspension and termination, only until the expiry date shown on the Card. Subject to clause 20, the Customer shall be responsible for any purchases, fees and charges incurred on expired, suspended or otherwise invalid Cards.

18.5 All Cards remain the property of Caltex at all times. Caltex may, (provided it has a legitimate business reason to do so, or the Customer is in breach of these Standard Terms and Conditions), at any time, cancel or require the Customer to return or destroy any Card. Where the Customer is not otherwise in breach of these Standard Terms and Conditions, Caltex will reissue a replacement Card to the Customer as soon as practicable.

18.6 The Cards may not be used to obtain cash, cash equivalent of a Product, such as a gift card, or Service or cash for the refund of a Product or Service.

18.7 The Cards may be issued with Purchase Limits as requested in the Application or otherwise notified by Caltex to the Customer. It is the Customer’s responsibility to ensure that the Cardholders do not exceed the Purchase Limits. The Customer is responsible for any purchase in excess of the Purchase Limits, applying at the time of Purchase. Caltex may refuse to supply any Products or Services to the Customer /Cardholder in excess of the Purchase Limit (“Purchase Limit Exceedance”). In this case, the Customer /Cardholder must pay Caltex /Merchant the amount of the Purchase Limit Exceedance immediately in full. If the Customer/Cardholder is unable to pay in full for the Products supplied, the Cardholder must immediately return any Products which are capable of being returned in their original condition to the Merchant.

18.8 The Customer must be eligible in order to opt into the Qantas Business Rewards Program (Program) or link the Card to the Program. Whether a Customer is eligible is determined by Caltex on a case by case basis and is also subject to any other pre-negotiated terms with the Customer. The Customer acknowledges that the Customer may not be eligible if a promotional code or referral code is provided in the Application.


19. PINs and Identity Verification

19.1 Caltex is able to issue Personal Identification Number (“PIN”) activated Cards, with the PIN to be chosen by the Customer. Where a Card is PIN activated, the Customer/Cardholder must use the PIN for all electronic Transactions. Caltex will not accept/ process any electronic Transaction where a Card is PIN activated and the Cardholder fails to enter the correct PIN at the time of the Transaction. In this case, the Customer/Cardholder must pay to Caltex/Merchant the amount payable in respect of the Products and/ or Services, which have been supplied or performed, immediately in full. If the Customer /Cardholder is unable to pay in full for the Products supplied, the Cardholder must immediately return any Products which are capable of being returned in their original condition to the Merchant.

19.2 Where a Card has been issued without a PIN or where the Merchant processes the Card manually, the Cardholder must provide the Merchant with a suitable form of identification at the time of the Transaction. The Customer agrees that the signature on the back of the Card is not a sufficient form of identification. Caltex may refuse to supply any Products or Services to the Customer/Cardholder where the Cardholder is not able to provide acceptable identification to the Merchant at the time of the Transaction. In this case, the Customer/Cardholder must pay to Caltex/ Merchant the amount payable in respect of the Products and/or Services, which have been supplied or performed, immediately in full. If the Customer/ Cardholder is not able to pay in full for the Products supplied, the Cardholder must immediately return any Products which are capable of being returned in their original condition to the Merchant.

19.3 Phone (verbal) password:
A phone (verbal) password (Phone Password) may be setby the Customer as an additional security measure, using myCaltex (My Star Cards). Once set, any request bythe Customer via telephone to make changes to the Customer’s StarCard Account and Cards will require theCustomer to provide the Phone Password.Caltex will not process any requests for changes if the Customer fails to provide the correct Phone Password.

Phone Passwords are user specific and must be 4-8 alpha/numeric characters.The Customer is responsible for keeping the Phone Password confidential and for the use of the Phone Password.

The successful provision of the Phone Password by any person will be considered by Caltex as conclusive proof that the person providing the password has been authorised.


20. Lost, Stolen Cards and Cancellation of Authority to Use

20.1 If any Card is lost, stolen, misused, no longer required by the Customer, or the Customer wishes to withdraw the authority of the Cardholder to use the Card, the Customer must notify Caltex immediately either through:
(a) StarCard Support; or
(b) myCaltex (My Star Cards). If the Customer uses myCaltex (My Star Cards), the Customer’s notice or request may not be processed for up to 2 hours from the time the notice or request is made. The Customer will remain fully liable for any use of the Card, whether authorised or unauthorised, within this 2 hour period.

20.2 The Customer must NOT use fax or e-mail to give notices under clause 20.1.

20.3 The Customer is fully liable for any purchases, losses, costs, expenses or claims arising out of any use of a Card, whether authorised or unauthorised, until Caltex receives a notice from the Customer strictly in accordance with clause 20.1.


21. Odometer Readings and Registration

21.1 The Customer acknowledges that odometer readings are recorded purely for reporting purposes and Caltex takes no responsibility for their administration or accuracy.

21.2 If a Card is set up to require an odometer reading, the Cardholder is responsible for entering a correct odometer reading at the time of the Transaction.

21.3 If the Cardholder fails to enter an odometer reading or enters an incorrect odometer reading, the electronic Card processing system will still accept the Card and process the transaction. Caltex is not liable for any loss, cost, expense or claim arising out of any failure of or error relating to odometer readings.

21.4 The Customer agrees that neither Caltex nor Merchants are able to verify the accuracy of odometer readings entered by the Cardholder.

21.5 The Customer agrees that neither Caltex nor Merchants are able to verify the accuracy of motor vehicle registration at the time of the Transaction. The Customer agrees that motor vehicle registration is not a form of verification for the Card or in relation to any Transaction. Caltex relies on the Customer for the provision of correct motor vehicle registration numbers in connection with any Card. Caltex does not verify the registration numbers’ accuracy or correctness.


22. Purchases

22.1 Caltex agrees to provide the Customer with the Bulk Facility for the purposes of purchasing some or all of Bulk Products from Caltex on credit.

22.2 The Customer agrees that the Bulk Facility must be used by the Customer wholly or predominantly for business purposes.


23. Prices for Bulk Products

23.1 The Customer must pay the prices which are charged by Caltex for Bulk Products:
(a) which are delivered to the Customer, at the time of the delivery; or
(b) which are picked up by the Customer from Caltex’s premises, at the time of the pick-up, unless different prices have been agreed in advance between the Customer and Caltex in writing.

23.2 In addition to the prices for Bulk Products, the Customer must pay:

(a) any duties, taxes, government charges, levies and other imposts(including import and excise costs, custom duties and sales tax) presently or in the future being levied by any government or regulatory authority on any of the Bulk Products, or the price of any of the Bulk Products, in the amounts applicable from time to time;
(b) any costs incurred by Caltex in order to comply with the present and/or future requirements of any government or regulatory authority, including any requirements relating to pollution, carbon, emissions and greenhouse gases (including reporting requirements, the holding of permits and the holding of off-set credits), to the extent such costs increase the cost of any Bulk Products or the cost of production or delivery of any of the Bulk Products;
(c) delivery charges applicable at the time of delivery. Caltex may change its delivery charges at any time without notice to the Customer; and 
(d) GST, where applicable.

23.3 Caltex will charge all amounts due for the purchases of Bulk Products to the Customer’s Bulk Account.

23.4 The Customer must not on-supply or resell the Bulk Products. If the Customer onsupplies or resells any of the Bulk Products, Caltex may, without prejudice to any other entitlements it may have as a consequence, change the price for all or any of Bulk Products supplied to the Customer to a price charged or chargeable from time to time in relation to equivalent products by a reseller operating from premises nearest the relevant location/s.


24. Delivery

24.1 Caltex is not obliged to deliver Bulk Products to the Customer at locations other than the Customer’s site nominated for delivery in the Application, or as otherwise may be agreed by Caltex.

24.2 Subject to clauses 24.3 and 24.4, Caltex will deliver Bulk Products to the Customer either in agreed quantities or in accordance with the Customer’s Order, as the case may be.

24.3 Unless otherwise previously agreed between the Customer and Caltex, the Customer must take delivery in quantities not less than the full capacity of bulk tankers used by Caltex to make Bulk Product deliveries.

24.4 Caltex is not obliged to supply any Bulk Products to the Customer in any one calendar month in quantities in excess of 5% above the Customer’s average monthly requirements for the period of either preceding 12 months or the number of months from the beginning of the Bulk Facility, whichever is the shorter.

24.5 The Customer must make available safe and unrestricted access for delivery at the
Customer’s site.

24.6 The Customer:
(a) is fully responsible for the condition, reliability and safety (including environmental safety) of its tanks and other Bulk Products storage equipment;
(b) without limiting paragraph (a), must ensure that its tanks and other Bulk Products storage equipment comply with all relevant Laws and that adequate environmental protection systems are in place to prevent migration of any Bulk Products (including bunding, oily water separation systems, fire extinguishers and spill kits); and
(c) must immediately notify Caltex in writing of any faulty tanks or other Bulk Products storage equipment, in which case Caltex will not be obliged to deliver Bulk Products to the Customer until such fault is rectified. At the commencement of the Bulk Facility the Customer must certify to Caltex in writing that Proper Procedures have been adopted for handling, storing and monitoring Bulk Products in the Customers’ tanks and other storage equipment (“Certificate”). 

24.7 Whether or not the Customer provides Caltex with the Certificate, Caltex will not be responsible for any leakage from any of the Customer’s tanks or other storage equipment, nor any associated environmental damage, except to the extent of Caltex’s negligent act or omission, and the Customer agrees to indemnify Caltex against all actions, claims, costs, expenses and other liability in relation to such leakage or environmental damage.

24.8 Written notice of any claim for any defect in quality or shortage in quantity in relation to any of the Bulk Products must be given by the Customer to Caltex within two (2) business days after receipt of the Bulk Product for which the claim is made. The notice must state the nature of the defect or deficiency and indicate where and when Caltex may inspect the Bulk Product. Any inspection by Caltex for the purposes of this clause shall not of itself be construed as an acceptance by Caltex of the Customer’s claim.

24.9 The Customer must:

(a) comply with all Laws in relation to the handling, storage and transport of Bulk Products; and
(b) without limiting paragraph (a), ensure that the Customer’s actions and the Customer’s delivery requirements under any Order or otherwise, do not encourage or require any driver assigned to carry out any delivery to:
(1) exceed permitted driving hours;
(2) fail to have minimum rest periods;
(3) exceed the speed limit;
(4) carry Products that exceed vehicle dimension limits;
(5) carry Products that cause vehicle mass limits to be exceeded;
(6) carry any Products on Caltex’s behalf that are not appropriately secured;
(7) work from a dangerous height; or
(8) breach any Laws.

24.10 The Customer agrees to provide Caltex with unrestricted access to the Customer’s site from time to time to conduct an audit of the Customer’s compliance with this clause 24 and Caltex is not obliged to deliver Bulk Products to the Customer until any identified faults are rectified.

24.11 If the Customer is unable to accept delivery in accordance with the Customer’s Order or other notified requirements, then the Customer must pay a Redirection Fee to Caltex.


25. Miscellaneous

25.1 The Customer must notify Caltex in writing of any change in the Customer’s contact details or other details within 2 business days of any such change.

25.2 Caltex may:
(a) vary any material provision of these Standard Terms and Conditions at any time by giving not less than 30 days prior written notice (where it is reasonably necessary to protect Caltex’s legitimate business interests);
and
(b) make minor variations to these Standard Terms and Conditions at any time without giving the Customer prior notice. Any new version of the varied Standard Terms and Conditions will be available on Caltex’s public website for the Customer’s information.

25.3 These Standard Terms and Conditions will be governed by the laws of NSW.

25.4 Caltex may assign and/or subcontract its rights and obligations under these Standard Terms and Conditions without notice at any time.

25.5 The Customer may not assign or otherwise dispose of its rights and obligations under these Standard Terms and Conditions without prior written consent from Caltex.

25.6 Any waiver by Caltex of any rights under these Standard Terms and Conditions will not constitute a general waiver of those or other rights.


26. Definitions and Interpretation

 “Account” means the account opened by Caltex for the Customer to operate either or both of the StarCard Facility and/or Bulk facility;
“Application” means a credit application provided by Caltex which the Customer must complete to make an application to Caltex for the supply of Products and Services on credit;
“Bulk Facility” means the facility to purchase Bulk Products on credit; 
“Bulk Products” means Petroleum Products and Lubricants which the Customer purchases in bulk;
“Caltex” means Caltex Australia Petroleum Pty. Ltd.  A.B.N. 17 000 032 028, its subsidiaries, Related or associated companies;
“Card” means a StarCard issued to the Customer under the StarCard Facility;
“Card Fee” means a monthly fee (inclusive of GST) for each Card as notified by Caltex to the
Customer, except where otherwise agreed between Caltex and the Customer;
“Cardholder” means a person who uses a Card with the authority of the Customer;
“Credit Limit” means the amount notified to the Customer by Caltex from time to time as the maximum amount allowed for purchases of Products and Services by the Customer on its
Account;
“Customer” means the “Applicant” in the Application;
“Deed of Guarantee, Indemnity and Charge” means a deed which is signed by the Customer as a part of this agreement where relevant;
“Direct Debit Service Agreement” means the agreement regarding the direct debit method of payment;
“Dishonour Fee” is a fee Caltex charges when the Customer’s payment is dishonoured by the
Customer’s financial institution; 
“Due Date” means the date, as agreed between the Customer and Caltex, by or on which the amount of the tax invoice must be paid in full, or, if no date has been agreed, 
(a) For card accounts opened from 1st February 2017, the 14th day of the month following the month in which purchases have been made, unless negotiated otherwise in writing with Caltex; and 
(b) For card accounts opened on or before 31st January 2017and Bulk customers, the 21st day of the month following the month in which purchases have been made;
“GST” means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999;
“Laws” means the requirements of all statutes, rules, regulations, proclamations, awards, ordinances, bylaws or Australian Standards, present or future, and whether state, federal or otherwise;
“Lubricants” means all lubricating oils, greases, brake fluids, coolants, fuel performance additives and degreasers manufactured or marketed (or both) by or on behalf of Caltex;
“Merchant” means an authorised supplier of some or all of Products and Services and who may accept Cards;
“Order” means either a one off or a periodic order from the Customer for the delivery of Bulk Products;
“Petroleum Products” means petrol, diesel, liquefied petroleum gas and any other products which may be used in propelling motor vehicles and which are manufactured or marketed (or both) by or on behalf of Caltex;
“Products” means Petroleum Products, Lubricants and convenience store goods;
“Proper Procedures” means procedures which, having regard to the nature of the product being handled and stored, its propensity to cause harm to health, safety or the environment and relevant legislation and industry codes, a reasonable person would consider appropriate;
“Property” means all property of the Customer, wherever situated, including without limitation all real and personal property, business and trading assets, stock, choses in action, goodwill and uncalled capital and called but unpaid capital from time to time;
“Purchase Limit” means a daily and/or monthly dollar, volume or transaction type limit;
“Redirection Fee” means the amount determined by Caltex (acting reasonably) equivalent to the cost to Caltex of the Customer not accepting delivery of Products, including administrative, transport and storage costs;
“Services” means vehicle maintenance, repairs and other services which may be provided by the Merchant to the Customer; 
“StarCard Facility” means the facility to purchase Products and/or Services on credit using the Card;
“myCaltex (My Star Cards)” means www.my.caltex.com.au;
“StarCard Support” means telephone 1300 365 096;
“Surcharge” means a fee determined by the Merchant from time to time and charged by the
Merchant to the Customer; 
“Transaction” means a purchase transaction for which a Card is used by a Cardholder to purchase Products and/or Services; 
“Transaction Fee” means an additional amount (fee) (inclusive of GST) paid by the
Customer each time the Customer makes a Transaction, as notified by Caltex to the
Customer, except where otherwise agreed between Caltex and the Customer.

INTERPRETATION

Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender includes all genders, reference to “person” includes a natural person, company, body corporate or other form of legal entity, and reference to “including” and “includes” is to read as if followed by “without limitation”.

27. Contact Details

The Customer may contact Caltex using these contact details: 
StarCard Support: 1300 365 096 
myCaltex (My Star Cards):
www.my.caltex.com.au
Address: GPO Box 3998 Sydney NSW 2001 
Fax: (02) 92505797 
E-mail: starcard@caltex.com.au

Caltex Roadside Assistance Terms and Conditions

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. Services

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. 

8. Termination

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). 

9. Variations

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.

Caltex Commercial Roadside Assistance Terms and Conditions

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). 
“Country Areas” means an area outside of a Metropolitan Area as determined from time to time by the Service Provider at the Service Provider’s absolute discretion. 
“Metropolitan Areas” means the metropolitan areas of each capital city of Australia as determined from time to time by the Service Provider at the Service Provider’s absolute discretion. 
“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).
“Commercial Vehicle” a Light Commercial Vehicle or a Heavy Commercial Vehicle  
 weighing in excess of 3,500 GVM
“Light Commercial Vehicle” means a vehicle weighing more than 3.5 tonnes GVM but no more than 12 tonnes GVM
“Heavy Commercial Vehicle” means a vehicle weighing more than 12 tonnes GVN 
“Trailer” means any two, three or four wheeled registered domestic trailer, caravan, horse trailer, dog trailer, pig trailer, articulated trailer, boat trailer, or B-Double trailer.

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 Commercial Vehicle;
2.1.4 location of the Commercial 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. Services

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 Commercial Vehicle’s serviceable spare provided the Customer can provide suitable safe working equipment and, 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, or where the Customer cannot provide suitable safe working equipment to change the wheel,  the Commercial 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 up to 20 litres of fuel to enable the Customer to drive to a refuelling station, where government regulations permit, or to transport the Commercial Vehicle to the nearest refuelling station, in circumstances where the Commercial Vehicle runs out of fuel;
4.1.5 arranging access to the Commercial 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 Commercial Vehicle up to $150 (including GST).  Subject to satisfactory proof of ownership, or authority to drive the Commercial Vehicle.  Any excess cost, and the cost of replacement keys is the responsibility of the Customer.   Where the Customer requires the Commercial Vehicle to be broken into to recover keys locked inside the Commercial Vehicle, the Customer is responsible for any loss or damage that occurs to the Commercial Vehicle;  
4.1.6 arranging towing services to transport the Commercial Vehicle during normal business hours, from the breakdown location to the Customer’s preferred destination, however where towing is required outside of normal business hours towing services will only be provided up to 20 km from the breakdown location in Metropolitan Areas and 50 km from the breakdown location in Country Areas.  For a Light Commercial Vehicle towing costs in excess of 20 kilometres from the breakdown location in Metropolitan Areas and 50km from the breakdown location in Country Areas are the responsibility of the Customer, payable on demand by Caltex, For Heavy Commercial Vehicles all towing costs are the responsibility of the Customer, payable on demand by Caltex, 
4.1.7 Following a Breakdown, arranging towing services for Trailers towed by a Commercial Vehicle where the Trailer is required to be towed to the same destination as the Commercial Vehicle. Costs associated with towing a Trailer are the responsibility of the Customer, payable on demand by Caltex.
4.1.8 rescuing the Commercial 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
4.1.9 coordinating a one way taxi of up to $55 (including GST) from the breakdown site to the Customers destination in the event the Heavy Vehicle has been cleared for towing. 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 Commercial Vehicle or Trailer is unregistered or reasonably considered by the Service Provider to be an un-roadworthy vehicle
5.1.2 where repairs have been attempted on the Commercial Vehicle or Trailer immediately following the Breakdown by anyone (excluding the Service Provider)
5.1.3 where the Commercial Vehicle or Trailer is partly or fully dismantled. 
5.1.4 where the Commercial Vehicle has suffered damage as a result of an accident, collision, flood, theft, fire or malicious damage. 
5.1.5 where a Commercial Vehicle or Trailer has been driven or transported to any licensed motor vehicle repairer. 
5.1.6 where a Commercial Vehicle continues to be driven against Caltex, or the Service Provider’s advice or the advice of a licensed repairer. 
5.1.7 where the Commercial 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 Commercial Vehicle is involved in an Accident;
5.1.8 where the Commercial 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 Commercial Vehicle or misuse of the Commercial Vehicle;
5.1.9 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 Commercial 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 Commercial Vehicle other than deflated tyre, locked or lost keys, insufficient fuel or flat battery;
5.1.7 Commercial 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 Commercial Vehicle;
5.1.9 Cost of Breakdowns resulting from unauthorised repairs or faulty workmanship.
5.1.10 where the Commercial Vehicle is not accessible by two wheel drive recovery Vehicles or there is restricted access to the Commercial Vehicle and the Service Provider does not have permission to enter; or
5.1.11 where the Commercial Vehicle is found to be unattended when the Service Provider arrives on the scene. 
5.1.12 where the Commercial Vehicle or Trailer is transporting hazardous or dangerous materials 
5.1.13 where the Commercial Vehicle or Trailer has been manufactured or modified in a way which in the Service Provider’s opinion will increase the probability of it being damaged during towing. 
5.1.14 where the Commercial Vehicle or Trailer cannot be unlocked due to the keys being locked in the Commercial Vehicle or Trailer or the keys being lost.
5.1.15 where the Commercial Vehicle or Trailer is carrying live animals unless the Commercial Vehicle or Trailer is unloaded to the satisfaction of the Service Provider. 

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.

8. Termination

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).

9. Variations

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.

Caltex Tolls Terms and Conditions

1. Definitions and interpretation

Caltex means Caltex Australia Petroleum Pty Ltd ABN 17 000 032 128 (“Caltex”).

“Electronic Tolling Lane” means a tolling lane which provides for electronic payment instead of, or as well as, cash payments.

“Owner” means Interlink Roads Pty Limited ABN 53 003 845 430 and its businesses known as “E-way” or “SETA”.

“Tag” means the tag device provided to you to enable the satisfaction of tolls by way of electronic debits to the Caltex Card.

“Terms” means these terms and conditions.

“Toll Product” means your Caltex Card Facility extended to allow for accounting for tolls, fees and charges (including taxes) incurred by you or on your behalf to registered Caltex Cards. 

“you” means the person or company in whose name the Toll Tag and StarCard is assigned to (and “your” has a corresponding meaning).

Words and expressions defined in the StarCard Standard Terms and Conditions have the same meaning when used in this agreement.

2. Adding the toll product to your Caltex card

2.1 To add the Toll Product to your Caltex Card you must (a) acknowledge acceptance of the Toll Product terms and conditions (b) provide details of the licence plate number(s) and state(s) of registration of the vehicle(s) for which the Toll Product is to be added.

2.2 In relation to 2.1(a) you must ensure that the licence plate(s) nominated:
(a) Complies with all applicable laws (including the positioning of the licence plate on the vehicle);
(b) Is not obscured or damaged; and
(c) Is visible at all times when using an Electronic Tolling Lane.

2.3 You must immediately notify Caltex of any changes to the details supplied in pursuant to clause 2.1 or that are subsequently supplied to Caltex by any other method.

3. Provision of tag(s)

3.1 If your application is accepted by Caltex, Caltex will provide you with one Tag for each Caltex Card you have added the Toll Product to.

3.2 Each Tag is registered specifically to the Caltex Fuel Card and corresponding Vehicle Registration.

3.3 Tags remain the property of the Owner and you must not sell or otherwise dispose of any Tag or the right to use any Tag.

3.4 Any Tag provided by or on behalf of Caltex (at any time) must be fitted in accordance with instructions provided with the Tag. If a Tag is not properly fitted, this may result in the Tag not being properly read at the Electronic Tolling Lane. Caltex may recover from you a fee or charge for the resulting toll violation if the Tag is not read for any reason, including where it was not properly fitted.

3.5 If you have more than one Tag in your vehicle at any time it is your responsibility to ensure that any additional Tag is appropriately shielded to avoid being read at the toll. This may require you, for example, to place such additional Tag in a metal container or cover it with aluminium foil. If the correctly fitted Tag and any other Tag in your vehicle is read, notwithstanding any attempt by you to shield such Tag, you will be charged the relevant toll on the Toll Account and Caltex will not be liable to reimburse you.

4. Operation of tag(s)

4.1 Tags are to be used only to satisfy tolls charges or fees on toll roads in Australia.

4.2 Each time a vehicle bearing a licence plate nominated for your Toll Product passes through an Electronic Tolling Lane or other toll collection point on a participating toll road it may be read using photographic, video or optical character recognition technology (“LPN Technology”). If the LPN Technology recognises the licence plate nominated for your Caltex Card, and a valid Tag is not registered as present in the vehicle, an image of your vehicle and its licence plate number may be collected and recorded. If this occurs, the participating toll road will register a transaction to your Toll Product and the applicable toll, fees and charges will be debited from your Caltex Card. The image may also be used for infringement processing.

4.3 You must notify us if you dispose of any vehicle bearing a licence plate nominated for your Caltex Card. You remain responsible for any toll charge or fee charged to your Caltex Card in relation to the Toll Product until the date Caltex receives the notice that you have disposed of the vehicle. This includes trips between the date you dispose of the vehicle and the date of receipt by Caltex of the notification of disposal of the vehicle.

4.4 Each time a Tag is used for the electronic satisfaction of a toll or any other charge or fee on a participating toll road, whether by you or anybody else (authorised or not) the associated Caltex Cards will be debited with the applicable toll charge or other charge or fee. All tolls, charges and fees include GST (unless otherwise indicated).

4.5 Caltex will include associated toll charges as part of Caltex monthly Statement/Tax Invoice under the Caltex Card Facility, setting out all tolls and other charges or fees incurred.

4.6 It is your responsibility to check that all items on your Statement/Tax Invoice are correct. If you find any entries that you believe are incorrect you need to notify Caltex in writing, using the dispute resolution form available on the Caltex website, stating the reason for your claim. The claim must be made within six months of the Statement/Tax Invoice on which the item relating to the claim appears.

4.7 The Owner retains trip data in an electronic form for a period of 6 months. Caltex will use reasonable endeavours to obtain trip data on request. Replacement Statement/Tax Invoices for trips which were taken 6 months prior to the date of request may not show the record of the individual trips taken with your Tag(s).

5. Fees, charges and payment

5.1 All associated toll charges and administration fees are included in the Statement/Tax Invoice which Caltex issues as part of the Caltex Card Facility. You agree that the Toll Product is governed by the terms and conditions of the StarCard Standard Terms and Conditions specifically, those clauses relating to credit limit, payment, and default. You indemnify us for any liability we incur as a result of you breaching this provision and you must pay any costs and expenses we incur (on a full indemnity basis) in recovering any overdue amounts from you.

5.2 The fees and charges associated with the Toll Product current at any time (other than the tolls charged by the participating toll roads), and any change thereof, are made available by Caltex from time to time.

5.3 If you do not pay your Statement/Tax Invoice in accordance with clause 5.1 of these Terms:
(a) Caltex will deactivate your Caltex Card and notify the Owner to deactivate the associated Tag and it will be marked as de-activated;
(b) The Owner will cause a signal to be sent to your Tag(s) to give 4 beeps each time your Tag(s) pass through a tolling lane;
(c) The Owner will notify the participating toll roads that your Tag(s) has/have been de-activated;
(d) Participating toll road will issue you with a deferred toll (violation letter) which will include an additional charge.
(e) You must not use your Tag(s) to pay a toll on a participating toll road while your Tag is de-activated; and
(f) Any violations, costs, fees or charges that are incurred by you while your Tag is de-activated will be charged directly to the registered owner of the applicable vehicle.

6. Stolen or defective tags/cards

6.1 If a Tag is lost, stolen, malfunctions, is in any way defective, or no longer required by you, or you wish to withdraw the authority of a Cardholder to use a Tag, you must immediately notify Caltex either through:
(a) StarCard Support; or
(b) My Star Cards. If you use My StarCards, your notice or request may not be processed for up to 2 hours from the time the notice or request is made. You are liable for toll charges, other charges and fees satisfied with a lost or stolen Tag until the time that Caltex is able to notify the owner to de-activate the Tag and the owner has notified the participating toll roads that the Tag has been de-activated.

6.2 A Tag that is defective otherwise than by your fault will be replaced by the Owner at no cost to you. A Tag that is defective by your fault, or lost, stolen or not returned by you will incur a fee to you of $40 (including GST).

6.3 To the extent permitted by law, neither the Owner or Caltex is liable for any claims made by you if a Tag fails to work or is invalidated, whether or not caused by the Owner, Caltex or caused by circumstances beyond the control of the Owner or Caltex. Caltex holds the benefit of this clause on trust for the Owner.

6.4. If a Tag is not read in a tolling lane which also provides for cash payment, you must pay the applicable toll with cash. If you do not pay the applicable toll with cash, the relevant participating toll roads will either:
(a) Notify Caltex to debit your Caltex Card with the applicable toll, fees or charges; or
(b) Issue you with a deferred toll (violation letter) which will include an additional charge; or
(c) The additional charge will not be payable if you establish to Caltex’s satisfaction that the Tag was defective otherwise than by your fault but will be payable if the Tag was incorrectly fitted.

7. Deactivating the toll product

7.1 Caltex may, at its discretion and without giving notice or a reason, de-activate, take possession of or require you to return any Tags and/or Cards.

7.2 You may close the Toll Account at any time by notifying Caltex in writing, or via My Star Cards and returning all Tags. Failure to return a tag will incur a fee pursuant to clause 6.2. Tags are to be returned to: Private Bag 78 Moorebank N.S.W. 1875. 

7.3 On termination of these Terms, after deducting any accrued tolls, charges and fees if the balance of your Caltex Card facility is in debit, you indemnify Caltex for any liability that it incurs as a result and you must pay any costs and expenses Caltex incurs (on a full indemnity basis) in recovering any outstanding amounts from you.

8. General

8.1 Caltex may amend, vary, or replace these Terms, or any portion of them, without notice at its discretion. Any applicable toll charges, fees and other charges may be amended from time to time irrespective of whether they appear on the Owner’s website.

8.2 Caltex may assign or novate or subcontract its rights, interests and obligations under these Terms to any third party, without notice, at any time, in its absolute discretion.

8.3 If you are required to give notice to Caltex under these Terms, it should be sent to the address or fax number set out in the StarCard Terms and Conditions (or such other address or fax number that Caltex may advise you of from time to time). Caltex will send any notice to you as required under these Terms to the address notified by you in the application form, or such other address you notify to Caltex from time to time.

8.4 These Terms are governed by and to be construed in accordance with the laws of the state of New South Wales. Any action or other legal process in connection with the Terms shall be instituted and carried on only in the appropriate court of the state of New South Wales and you irrevocably consent to the jurisdiction of the courts of that State.