Fuelcharge - Terms & Conditions

Fuelcharge is provided by Fuelcharge Pty Ltd ACN 616 990 339.

Before you use Fuelcharge, you must read these terms and conditions, our Privacy Notice and our Privacy Policy.

BY USING FUELCHARGE YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Fuelcharge facilitates payment of your fuel at Fuelcharge supported fuel sites by securely transmitting your payment information to Fuelcharge’s payment processing provider.
We grant you a non-exclusive, non-transferable and revocable licence to access and use Fuelcharge on your supported device. You must not copy, sell, rent, lease, sub-license, distribute, disseminate, modify, translate, merge, dissemble or decompile Fuelcharge or attempt to reverse engineer its source code.
When you create an account, we authenticate that account by sending a code to your mobile number. Once you have established an account linked to a mobile number, you cannot create any other accounts with the same mobile number.
You must keep your login details confidential. If you have any concerns about your login details, or think they may have been misused, you must contact us immediately. You must ensure all information you provide is current and correct.
You can use Fuelcharge with a debit card, credit card, American Express card, or through Apple Pay and Google Pay. You may add your payment details to, or remove your payment details from, Fuelcharge on supported devices by following the instructions on Fuelcharge. An additional cardholder may also add their payment details to, or remove payment details from, Fuelcharge on their supported device.
Through Fuelcharge, you will select a maximum payment for fuel per visit. Your payment method will then be pre-authorised for the amount selected. If pre-authorisation fails, then you cannot proceed to purchase fuel through Fuelcharge.
Once the selected amount is pre-authorised, you may purchase fuel from the selected Fuelcharge supported fuel site. You may only purchase fuel up to the value of the maximum payment you selected. In our sole discretion, we may allow you to temporarily exceed this limit.
Once you purchase fuel, we will charge you for that purchase and the pre-authorised amount will be automatically released. This will generally be effective within 7 days, however as this processing time depends on your bank, it may take longer.
Except where unauthorised use of your Fuelcharge account is caused by our negligence, you accept sole responsibility for all activities that occur through your account. We will not be liable for any such loss you suffer. You must use Fuelcharge in accordance with the law and not for any fraudulent purpose.
Subject to clause 13, and to the extent permitted by law, we do not provide any warranties or guarantees in relation to the performance, security or availability of Fuelcharge.
During the period that we offer Fuelcharge, we will use reasonable efforts to make sure that you can access and use Fuelcharge. However, despite our efforts, Fuelcharge may not be accessible at all times and you may experience interruptions, delays, errors or faults in your use of and access to Fuelcharge. To the extent maximum permitted by law, we will not be liable to you or anyone else if these things occur.
Subject to clause 13 to the extent permitted by law, we will not be liable to you or any person for any variation, update, cancellation or suspension of any of the services offered by Fuelcharge.
The Australian Consumer Law may impose certain consumer guarantees on our supply of Fuelcharge services to you. In respect of any such guarantees which we cannot at law exclude, to the extent permitted by law, our liability is limited, at our option, to supplying the Fuelcharge services we provide again, or payment of the cost of having those services supplied again.
Subject to clause 13, and to the maximum extent permitted by law, we exclude all liability for any loss or damage you suffer, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of your use of Fuelcharge, or any content, information, products or services available on or from Fuelcharge.
Your use of Fuelcharge may be affected by separate terms imposed on you by third parties, such as your card issuer. We are not responsible for any loss you suffer in relation to:
any failure or refusal of the payment processing provider to process transactions, which is beyond our reasonable control;
any failure or refusal of your card issuer to enable transactions; or
any error, defect or unavailability of the services provided by the payment processing provider or any other third-party service provider, which is beyond our reasonable control.
You indemnify us and the parties involved in providing Fuelcharge to you from and against all damage, claims, costs, charges and expenses arising out of your use of Fuelcharge in breach of these terms and conditions, except to the extent that such damage, claims, costs, charges and expenses are caused by us.
Fuelcharge is independent of any platform on which it is located.
All intellectual property rights relating to Fuelcharge are owned by us, our related entities or our licensors. You acquire no rights or licences in or to Fuelcharge other than the limited right to use Fuelcharge in accordance with these terms and conditions.
We may amend these terms and conditions from time to time by posting updated terms on our website and updating customers through the Fuelcharge app. By continuing to use Fuelcharge after any amendment to these terms and conditions, you agree to be bound by the amended version of these terms and conditions.
These terms and conditions are governed by the laws of Queensland. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and courts with jurisdiction to hear appeals.
If a dispute or disagreement arises relating to these terms and conditions, please raise it with us by contacting 1300 457 467.

This version of the terms and conditions is dated 1 March 2020.

Other important matters about your privacy rights and how we manage your personal information are set out in our Privacy Notice and our Privacy Policy, which are available at www.fuelcharge.com.au or can be provided in an alternative form upon request.

For further information write to the Privacy Officer at PO Box 576 Cannon Hill QLD 4170 or support@fuelcharge.com.au.

About this policy

This policy applies to Fuelcharge Pty Ltd ACN 616 990 339 (referred to as “we” throughout this policy). It outlines how we manage the personal information and credit-related personal information we hold about our customers, potential customers, contractors and others.

We are bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act) and any applicable parts of the credit reporting requirements in Part IIIA of the Privacy Act and the Credit Reporting Code of Conduct. Under the Privacy Act, and throughout this policy, “personal information” is information or an opinion about an individual, or an individual who is reasonably identifiable, whether the information is true or not and whether the information is recorded in material form or not.

In this policy, where we refer to “you” or “your”, we are referring specifically to natural persons as opposed to other entities such as partnerships, trusts and companies.

By providing your personal information to us, whether directly or through others, you agree with the terms of this Privacy Policy and consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy, the Privacy Act (including the Australian Privacy Principles) and other applicable privacy laws.

MANAGEMENT OF PERSONAL INFORMATION

How do we collect personal information?

We collect personal information that is necessary for our business activities and in order to provide and develop our services.

The main way in which we collect personal information is through hardcopy forms or through forms provided on our website or apps.

We may also collect personal information when you provide your credit card or banking details, by recording telephone calls made to us or our call centre, in face-to-face meetings and in interviews.

We may collect personal information from third parties, such as from referees in the case of prospective employees or applicants for credit, publicly available information, other credit providers, credit insurers and commercial credit reporting organisations.

What types of personal information do we collect?

The personal information we may collect about you is dependent upon your relationship with us. The following are some examples of the types of personal information that we may collect from individuals:

(a) Commercial customers

personal details – including names, addresses, telephone numbers, copy of drivers licences, vehicle registration numbers and unique assigned identification numbers;
financial details including banking details – for payments (where applicable);
credit application form (if you or a company of which you are a director applies for credit, or if you propose to guarantee credit applied for by another person) – including name, company, postal and email addresses, mobile phone number, date of birth, bank account details and drivers licence number. We will also collect information contained in credit reports obtained from credit reporting bodies, which includes information about your credit history with other credit providers. We will also collect and hold scores, ratings, summaries, evaluations and other information about your credit worthiness which is derived by us or by credit reporting bodies wholly or partly from any of such information.

(b) Customers generally

monitoring and/or recording interactions with customer service representatives at our call centre – customers’ conversations with our call centre may be monitored and/or recorded for coaching, training, record keeping and dispute resolution purposes. Callers will be notified at the outset if such monitoring or recording is to occur and be given the option not to have the call recorded. We may, even if the phone call is not recorded, collect personal information during those telephone calls to assist with your query; and
competitions and contests – we may use the personal information collected from competitions and contests (for example, the contestant’s name and address) to market certain of our products to the contestants. Where we intend to do this, we will advise the contestant of this in the competition’s terms and conditions.

personal details – including names, addresses, telephone numbers; and
financial details – including bank account details.

How do we use and disclose personal information?

The personal information you provide us may be used for a number of purposes connected with our business operations, which include to:

facilitate provision of our products and services to you;
establish a commercial account for you;
assess and process your credit application or your application to guarantee credit applied for by another person – see below for further information;
ensure the security of our equipment and monitor the distribution of fuel;
respond to your customer service or other enquiries;
better understand your needs; and
provide you with information about our products and services (as further described below).

Subject to the exceptions set out in the Australian Privacy Principles (for example, the use or disclosure of personal information when permitted by law, or with your consent), we will only use and/or disclose your personal information for:

the primary purpose for which it is collected; or
a related purpose, where you would reasonably expect that it be used and/or disclosed without your further consent.

This means that generally we will only disclose your personal information internally and/or to a third party contracted to provide services to us and only if necessary for one of the purposes referred to above.

The third parties that we may use vary depending on the particular circumstances in each case, but typically fall into the following categories:

insurance companies;
trade promotion agencies;
insurance assessors;
billing and mailing houses;
delivery contractors;
IT service providers;
credit reporting agencies; and
payment fulfilment and fraud prevention service providers.

Will we send you marketing material and what can you do to stop that?

Your personal information may be used so that we, our related bodies corporate, agents and contractors can provide you with information about our products and services, such as by way of direct mail or telemarketing, and, where you have opted in, by email, SMS and MMS, or to request your feedback for promotional purposes.

If you have received marketing material from us and you wish to stop it, you can write to the Privacy Officer at the address set out below. We will not charge you or in any way disadvantage you if you choose to opt out of receiving marketing material.

We will not disclose your personal information to a third party for that third party to send you its marketing material unless we have obtained your consent. We may occasionally provide our marketing material to third parties to distribute on our behalf to individuals who have consented to receiving that material.

When do we share information?

We generally will only disclose personal information to third parties without your consent if that disclosure is necessary for the purpose(s) for which that information was collected. Set out below are some examples of where it is necessary for us to disclose personal information to third parties:

(b) Generally, and in a commercial context:

Our related companies and business partners.
Persons engaged in providing us with professional, business, technology and corporate services, when reasonably required (as further described above).
Credit checks on new and existing individual customers – we may provide necessary personal information to our credit reporting organisations to ascertain an individual’s financial position if the person is a new or an existing customer.
Competitions – in some cases we use third parties to run our competitions. In these instances, unless otherwise disclosed to the contestant prior to, or at the time of, entering the competition (normally set out in the competition’s terms and conditions), any personal information collected about a contestant will be returned to us.

The section ‘FUELCHARGE’ below describes how we collect, use and share your personal information when you purchase fuel through the Fuelcharge app.

Unless you consent, we otherwise will not disclose your personal information to third parties.

Do we send your personal information overseas?

Some of the information systems we use store personal information are outside Australia. In the course of our ordinary business operations, your personal information may be stored in the United States of America and countries in the European Union.

Passive information collection technologies

Our website uses Google Analytics and other technologies, which passively collect information (which means it is collected without you actively providing it). The technologies we use collect information such as your IP address, your device’s unique identifier number, date, time and duration of your visit and the web address of the website that you visited before you arrived at our website.

We use the following Google Analytics Advertising Features:

Remarketing with Google Analytics;
Google Display Network Impression Reporting;
Google Analytics Demographics and Interest Reporting; and
collection of data via advertising cookies and identifiers.

Remarketing with Google Analytics uses the Google Analytics and/or third-party cookies to serve advertisements to you across the Internet based on your visit to our website.

We use personal information collected through these technologies on our website in order to optimise your online experience; cookies enable our website to work more efficiently with the device you are using to access our website. We also use this information in order to understand and measure your online experience and to make decisions about what products, services and promotions may be of interest to you. We do not use the personal information collected through these technologies for any other purpose, nor do we combine it with any other personal information we collect about you.

You can manage cookies in the settings of your browser. In particular, you can opt-out of Google Analytics Advertising Features through Ad Settings or by installing the Google Analytics Opt-out Browser Add-on (available at https://tools.google.com/dlpage/gaoptout/)

FUELCHARGE

The Fuelcharge mobile app facilitates payment of your fuel at supported fuel sites. To facilitate the provision of fuel and payment, we collect your personal information including identification and verification information such as account information, Fuelcharge usage and device information, location information, transaction information and contact information.

Your payment information (e.g. credit card details) is collected by our online payment processing service provider. This information is not stored on our servers and cannot be read or accessed by us during transit to our online payment processing service provider.

Further information on the way we collect, use, share and protect your personal information when using Fuelcharge is described in the Fuelcharge Privacy Notice available through the Fuelcharge app.

PROTECTION, ACCESS, CORRECTION AND COMPLAINTS

In this section, the term ‘personal information’ includes credit-related personal information.

How do we protect personal information?

We store personal information in a range of paper-based and electronic forms:

(a) Paper Security – where personal information is stored in physical form, we may use a variety of mechanisms to protect the security and integrity of such information which might include:

locking personal information in cabinets and only giving access to those employees who have a need to use it; and
using other access control measures such as keyed access, security alarms and surveillance cameras to deter and detect unauthorised access.

(b) Computer and Network Security – we adopt a number of security measures to protect information from unauthorised access to our computer systems which include:

access control for authorised users such as user names and passwords;
limiting access to shared network drives to authorised staff;
virus checking; and
specialised IT support to deal with security risks.

(c) Communications Security – transmission of personal information may involve insecure telecommunications lines. Security of this personal information is enhanced by:

checking facsimile numbers before sending personal information, and confirming receipt;
PIN numbers and passwords required for some telephone and internet transmissions;
identity checking before giving out any personal information; and
encryption of data for high risk transmissions.

Personal information in our possession may be retained in archival storage. Generally, we will destroy personal information after a period of seven (7) years following its collection unless it is required, or may be required, to be kept for a longer period because of the purpose(s) for which it was originally collected.

Notifiable data breaches scheme

In the event of any loss or unauthorised access or disclosure of your personal information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner, in accordance with the Privacy Act.

How can you access to your personal information?

If you want access to your personal information held by us, please put your request in writing and clearly identify the personal information you seek access to. This is important to ensure that your request can be dealt with quickly and cost effectively. All requests for access must be addressed to The Privacy Officer (see contact details below).

Depending on the circumstances, we reserve the right to charge you a reasonable administrative fee. For example, our reasonable administrative costs might include:

reasonable staff costs in locating and collating the information;
reasonable reproduction or photocopying costs; and
reasonable costs involved in having someone explain the information to you.

If a fee is charged for providing access, you will be advised of the likely cost in advance.

We may not release the personal information where we are not required to do so under the Privacy Act. For example, if the information reveals a formula or the details of a commercially sensitive decision-making process, then, in these instances, we may decide to give you an explanation of the commercially-sensitive decision rather than direct access to the information.

What if your personal information is inaccurate?

We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up to date.

You can request that we correct any personal information that we hold about you, if you believe that it is incorrect. You should contact us if your personal information changes. If we believe it is inappropriate to delete or alter the original information, we will discuss with you alternative ways of correcting the information that satisfies the needs of both parties.

Where a request to correct personal information relates to credit-related information, we will notify the individual of our decision as to whether we agree to correct that information in writing.

Where we do not agree to amend credit-related personal information held about you, we will provide you with reasons for our decision and details of how you may make a complaint about our decision.

How do you make a complaint?

If you wish to make a complaint to us about a possible breach of privacy, please provide full details of your complaint in writing and send it to the Privacy Officer (see contact details below). We will aim to resolve any such complaint (or at least to have responded and updated you on progress) within 30 days of the date of your complaint.

If your complaint specifically concerns credit-related personal information and you believe we have not complied with our obligations under the Privacy Actor, if applicable, the Credit Reporting Code of Conduct, we will acknowledge any complaint within 7 days of receiving it and aim to investigate and resolve complaints within 30 days. If that is not possible, we will seek to agree a longer period with you. We will notify you of the outcome of our investigation in writing, including details of how you make a complaint if you are not satisfied with our decision.

If you are not satisfied with our response, you can also make a formal complaint to the Officer of the Australian Information Commissioner (which is the regulator responsible for privacy in Australia):

Office of the Australian Information Commissioner (OAIC)

Complaints must be made in writing.
Phone: 1300 363 992
Address: Director of Compliance
Office of the Australian Information Commissioner GPO Box 5218, Sydney NSW 2001
Web: www.oaic.gov.au

How will changes to this policy be notified?

We may amend this Privacy Policy from time to time. The most current version of this policy will be located on the intranet for employees and at www.fuelcharge.com.au for external users or a copy can be obtained by contacting the Privacy Officer.

How to contact us?

If you would like more information regarding our approach to privacy or how we handle your personal information you can write to:

The Privacy Officer
Fuelcharge Pty Ltd
PO Box 576 Cannon Hill Qld 4170
info@fuelcharge.com.au

Terms and Conditions

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