FuelXPress Terms and Conditions of Use revised July 2024

1. Acceptance of Terms and Conditions

The Accountholder acknowledges acceptance of these Terms and Conditions upon first use of a FuelXPress Card and will ensure their observance by both the Accountholder and the Authorised Users until all the FuelXPress Cards expire, are cancelled or otherwise cease to be valid. The Accountholder acknowledges that in the event of such expiry, cancellation or invalidity, the Accountholder shall continue to be bound by all obligations and liabilities incurred by the Accountholder before such expiry, cancellation or invalidity. In addition, in the event of any inconsistencies between the terms of an executed agreement between FuelXPress and the Accountholder and these Terms and Conditions, the terms of the executed agreement shall prevail to the extent of the inconsistency.

2.  Definitions and Interpretation

In these Terms and Conditions unless the context otherwise requires:

“Accountholder” means the partnership, firm, body corporate or other person named in the Application to which FuelXPress Cards are issued.

“Application” means the application form and any related documentation signed for or on behalf of the Accountholder.

“Authorised User” means persons authorised by the Accountholder to use the Accountholder’s FuelXPress Cards and is deemed to be an agent of the Accountholder.

“Force Majeure” means any event beyond the reasonable control of FuelXPress and includes, without limitation, riot, civil, commotion, war, acts of terrorism, accident, shortened hours of labour, strikes, lockouts, compliance with a government request, storm, fire , other damage caused by acts of nature, product shortage or any discontinuance.

“Motor Fuels” means diesel, unleaded, premium unleaded, automotive LPG together with other motor fuels nominated by FuelXPress as available on the Accountholder’s FuelXPress Card at Nominated Premises.

“Motor Fuels Discount” means a discount to the Accountholder off the GST inclusive pump price at the time the fuel is purchased from the Nominated Premises. The Motor Fuels Discount shall be made in writing by FuelXPress to the Accountholder, and nominated as a GST inclusive cents per litre discount. FuelXPress has the right to revise the Motor Fuels Discount in its absolute sole discretion by giving written notice to the Accountholder, and will be effective immediately from the time the notice is given.

“Nominated Premises” means premises nominated by FuelXPress from time to time as FuelXPress Card merchants.

“Nominated Card Description” means a description nominated by the Accountholder on the card order form in the Application or by the

Accountholder in writing, which is a tool for the Accountholder to identify the card. The Nominated Card Description is printed on the FuelXPress Card in addition to the Accountholder name.

“Personal Information” has the meaning given in the Privacy Act 1988 (Cth).

“PIN” means personal identification number.

“Product” means Motor Fuels, Oil and Other Goods and Services.

“FuelXPress” means FuelXPress Pty Ltd (ABN 46 169 657 809).

“FuelXPress Card” means all FuelXPress Cards issued to the Accountholder by FuelXPress.

“FuelXPress Oil” means vehicle lubricant sold at Nominated Premises for vehicle use including automotive oil, automotive brake fluid, automatic transmission fluid, and engine coolant.

“Terms and Conditions” means these FuelXPress Card Terms and Conditions of Use as amended from time to time and the Accountholder’s Application, together with any other terms relating to the FuelXPress Card scheme contained in written correspondence from FuelXPress.

“Vehicle Identification Number” means the vehicle registration number or any other number requested by the Accountholder and agreed to by FuelXPress.

Unless the context requires otherwise singular words include plural and vice versa, person includes a company and vice versa. Headings are for convenience only. All references to money are to Australian currency.

3.  FuelXPress Card

If FuelXPress accepts the Accountholder’s Application, FuelXPress may issue a FuelXPress Card (or Cards) to the Accountholder to obtain Product at the Nominated Premises. However FuelXPress may elect, at any time in its absolute discretion, not to issue or to cancel a FuelXPress Card. Each

FuelXPress Card issued will be marked with the Accountholder’s name and Nominated Card Description.

4.  Supply of Product

(a)   If a valid FuelXPress Card is presented, supplies of Product will be made to the Accountholder at Nominated Premises, subject to any transaction limits set by FuelXPress from time to time. To the extent permitted by law, FuelXPress will not be liable in respect of any loss, damage or cost whatsoever suffered by the Accountholder howsoever arising under or pursuant to these Terms and Conditions (whether by negligence or otherwise), including arising out of or associated with the supply of Products, and in respect of any liability which cannot be excluded such liability shall be discharged by FuelXPress either:

(i)    re-supplying the Product; or

(ii)   supplying an equivalent Product, or paying for the costs thereof (at FuelXPress’s option).

(b)  FuelXPress will not be liable for a failure or delay in delivering Product or in complying with these Terms and Conditions, if that failure or delay is due to:

(i)   a strike or other industrial action, compliance with a government request, any actions taken by FuelXPress or its employees, agents or contractors in response to public health concerns (including health epidemics or pandemics), a shortage of supply, or any event beyond its reasonable control;

(ii)   the inability or refusal of the operator of the Nominated Premises to supply the Product requirements of the Accountholder for any reason; or

(iii)  an event of Force Majeure. If an event of Force Majeure arises, under no circumstances shall FuelXPress be liable for any non- performance or delay in performing its obligations under these Terms and Conditions if such delay or non-performance arises out of or is in connection with an event of Force Majeure.

5.  Accountholder’s Purchases

(a)   When using a FuelXPress Card, the Accountholder is deemed to purchase the Product from FuelXPress Pty Ltd. Property in Motor Fuels, purchased on FuelXpress Card will pass to the

Accountholder immediately prior to the product passing into the storage tank of the relevant vehicle. Property in any other Product purchased on FuelXPress Card will pass to the Accountholder upon the completion of the transaction processing the FuelXPress Card at the Nominated Premises.

(b)  It is a condition of use of a FuelXPress Card that the Accountholder purchases Motor Fuels to the value of not less than $200 per month per card including GST. Where the value of Motor Fuels purchased in a particular month is less than this amount, a fee may be applied.

6.  Commercial Transaction

The Accountholder warrants that the use of the product(s) supplied and sold are for commercial use only, or predominately for commercial use.

7.  Card Use

Unless FuelXPress has received the Accountholder’s notification in writing of loss, theft or possible unauthorised use of a FuelXPress Card, the Accountholder authorises FuelXPress to debit the Accountholder’s FuelXPress Card account with every purchase of Products made by a person presenting a FuelXPress Card at the Nominated Premises to whom the Products were supplied. It is the obligation of the Accountholder to collect and retain sales vouchers issued at the time Products are purchased.

8.  Nominated Card Description

The Accountholder acknowledges that the Nominated Card Description printed on the FuelXPress Cards, whether that be a vehicle description or person name, are issued as a management tool and do not provide additional security. The Accountholder will be liable to FuelXPress for all transactions made with the FuelXPress Card, including where the transaction is in respect of a vehicle or person other than that identified on the FuelXPress Card. It is the responsibility of the Accountholder to ensure that the FuelXPress Card presented by the person refueling is valid for use by the person presenting the card and for use for the vehicle in question.

9.  PIN

A PIN is issued with a FuelXPress Card, which must be entered when using the FuelXPress Card at Nominated Premises. The Accountholder must ensure that the PIN is only used by Authorised Users and not disclosed directly or indirectly to any person not authorised to use the FuelXPress Card.

10.  Unauthorised User

Except as otherwise expressly stated in these Terms and Conditions, the Accountholder will be liable to FuelXPress for all FuelXPress Card transactions processed on the Accountholder’s FuelXPress Card(s), including, without limitation, where, a transaction is processed in

circumstances where an Authorised User is not the person presenting the FuelXPress Card.

The Accountholder shall ensure that Authorised User(s) complies with these Terms and Conditions.

11. Property

All FuelXPress Cards remain the property of FuelXPress. The Accountholder must immediately return all FuelXPress Cards that are no longer used, or are expired, cancelled or otherwise invalid, to FuelXPress cut in half, unless otherwise agreed by the parties. The Accountholder will be liable for a fee, as advised by FuelXPress, for each unreturned FuelXPress Card.

12.  Lost, Stolen or Misused Cards

(a)   If a FuelXPress Card is lost, stolen or subject to unauthorised use, the Accountholder must immediately notify FuelXPress at:

FuelXPress Telephone 08 8947 6733

Email : admin@fuelxpress.com.au

or at any other address FuelXPress may require.

(b)  If notification of an unauthorised use, loss or theft of a FuelXPress Card is given verbally it must be confirmed in writing within 3 working days.

(c)   The Accountholder will be liable for any use of a FuelXPress Card by any person before notification in accordance with these Terms and Conditions.

(d)  After FuelXPress has been notified and provided that this Clause 12 has been fully complied with, the Accountholder shall have no further liability for FuelXPress Card transactions other than transactions made by a person who has ceased to be an Authorised User where the Accountholder has allowed the FuelXPress Card to remain in the possession of that person.

(e)   The Accountholder must provide FuelXPress with all the information that the Accountholder has in its possession or that it can reasonably obtain, regarding the unauthorised use, loss or theft of a FuelXPress Card.

13.  Cancellation of FuelXPress Cards

(a)   FuelXPress may suspend, cancel or terminate any or all of the Accountholder’s FuelXPress Cards or the Accountholder’s FuelXPress Card account for any reason at any time without notice and without liability, including without limitation, for breach by the Accountholder of these Terms and Conditions, or for nonÐuse of a FuelXPress Card.

(b)  The Accountholder must destroy or cut in half all cancelled FuelXPress Cards immediately.

(c)   FuelXPress will cancel an Accountholder’s FuelXPress Card account if the Accountholder forwards to FuelXPress a written authorisation to cancel the Accountholder’s FuelXPress Card account.

(d)  The Accountholder will remain liable in respect of the use of any FuelXPress Card up until:

(i)   in the case of FuelXPress cancelling the FuelXPress Card, the destruction of the FuelXPress Card; and

(ii)   in the case of the Accountholder cancelling the FuelXPress Card, the date on which the FuelXPress Card is cancelled by FuelXPress.

(e)   On cancellation of all the Accountholder’s FuelXPress Cards, the debit balance of the Accountholder’s FuelXPress Card account becomes immediately due and payable in full to FuelXPress.

14.  Replacement Cards

Should the Accountholder request a replacement card for reasons other than reasonable fair wear and tear, a replacement card fee, which will be a price equivalent to the costs incurred by FuelXPress to replace the card at the time, and will be charged to the Accountholders next FuelXPress Card Invoice.

15.  Effecting a Purchase of Products

On completion of a FuelXPress Card transaction at a Nominated Premises the transaction will be processed electronically recorded the Authorised User will have access to a sales voucher at the time of purchase, which will include:

(a)   Card number;

(b)  Description of Product;

(c)   Total value of Product;

(d)  Pump price of Product (if applicable);

(e)   Quantity of Product;

(f)   Time and date of purchase;

(g)  Odometer reading (if applicable and where provided);

(h)  Name of Nominated Premises; and

The Accountholder acknowledges that the sales voucher is the only confirmation of the transaction issued to the Accountholder or Authorised User.

Where a FuelXPress Card transaction is completed manually at a Nominated Premises, the Accountholder or Authorised User must sign the sales voucher.

16.  Price

Unless otherwise agreed by the parties in writing, the Accountholder will be charged as follows:

16.1          Motor Fuels.

The GST inclusive price for Motor Fuels is the GST inclusive pump

price, at the time the fuel is purchased from the Nominated Premises less any Motor Fuels Discount offered by FuelXPress at the time of purchase.

16.2             Other Goods and Services, and FuelXPress Oil

The GST inclusive price for Other Goods and Services and Oil is the relevant GST inclusive retail price at the time the item is purchased from the Nominated Premises.

17.  Charges for Use of FuelXPress Card

For purchases made on the Accountholder’s FuelXPress Card, FuelXPress will debit the Accountholder’s FuelXPress Card account with:

(a)   the price of the Products;

(b)  fees, including but not limited to, transaction fee or monthly card fee or any fees in FuelXPress’s list of scheduled fees and charges revised from time to time;

(c)   government taxes, charges, duties including Goods and Services Tax; and

(d)  reasonable enforcement expenses incurred by FuelXPress in enforcing these Terms and Conditions.

18.  FuelXPress Card Invoice and Statement

(a)   FuelXPress will issue after the end of the month or other agreed period (“Billing Period”), a transaction report of the Accountholder’s FuelXPress Card account, detailing the Accountholder’s FuelXPress Card purchases and any applicable charges, together with a tax invoice.

(b)   Subject to Clause 17(d), the Accountholder will pay the amount shown on the tax invoice no later than the specified due date of the tax invoice, or by such other date as agreed in writing (the “Due Date”). The Accountholder must pay the amount shown on the tax invoice in full without asserting any set off, counter claim or right to withhold whatsoever.

(c)   If any amounts are not paid by the Due Date, then, on notification

from FuelXPress, the balance of the Accountholder’s account (including purchases made in the current Billing Period) will become immediately payable and interest at the rate referred to in Clause 18(d) shall be payable by the Accountholder on the balance of the account until actual payment of the amount due is received by FuelXPress.

(d)   If any amounts are not paid by the Due Date then interest shall be payable on the outstanding balance at 4% above the rate prescribed under the Penalty Interest Rate Act from the Due Date until actual payment of the amount due. The charging of interest by FuelXPress on any amount outstanding after the Due Date will not be construed by the Accountholder as an option for payment over a longer period but as compensation to FuelXPress for failure to pay on or before the Due

Date. The Accountholder will be liable for and indemnifies FuelXPress on demand for any and all expenses incurred by FuelXPress in relation to a breach by the Accountholder of these Terms and Conditions, including in each case, legal costs and expenses on a full indemnity basis and

the costs of any agents or contractors acting on FuelXPress’s behalf in respect of any recovery or attempted recovery of any amounts payable by the Accountholder to FuelXPress.

19.  Security

If at any time the ability of the Accountholder to fulfil its obligations under these Terms and Conditions should, in FuelXPress’s opinion, become impaired, then security satisfactory to FuelXPress shall be given by the Accountholder on demand.

20.   Data Protection

(a)   Where FuelXPress receives, collects or handles Personal Information in the course of processing and administering the Accountholder’s FuelXPress Card, FuelXPress shall ensure that it has taken and continues to take all reasonable technical and organisational measures against unauthorised or unlawful processing or disclosure of the Personal Information.

(b)  All Personal Information collected by FuelXPress will be treated in accordance with the Privacy Act 1988 (Cth).(c) The Accountholder acknowledges that it consented to the use by FuelXPress of its Personnel Information in accordance with the FuelXPress privacy declaration in the Application.

21.  Account Enquiries

(a)   If the Accountholder wants to question or dispute the details of any transaction recorded on a FuelXPress Card transaction report or tax invoice, the Accountholder will advise FuelXPress in writing within 30 days of receiving the transaction report, tax invoice or sales voucher and will produce to FuelXPress on request a copy of the relevant transaction report or tax invoice in respect of the transaction.

(b)  FuelXPress will not be required to consider any question or dispute on the Accountholder’s account notified more than 30 days after the date of the Accountholder’s relevant FuelXPress Card transaction report or tax invoice.

(c)   In the event of a pricing dispute relating to Products purchased and processed manually, the copy of the sales voucher retained by FuelXPress will be prima facie evidence of the transaction.

(d)  In the event of a pricing dispute relating to Products purchased and processed electronically, the details of the transaction report will be prima facie evidence of the transaction.

(e)   The Accountholder must pay the amount shown on the tax invoice in full pending resolution of a dispute. Any adjustments consequent upon settlement of such disputes shall be made within 30 days following the settlement.

22.   Change in Terms and Conditions of Use

FuelXPress has the right to vary, delete or supplement these Terms and Conditions (or any other term contained in written correspondence from FuelXPress), including but not restricted to the amount of any charges referred to in Clause 16, by written notice. Any change takes effect from the earlier of:

(a)   the first use of an Accountholder’s FuelXPress Card after notice is deemed to be received; and

(b)  14 days after notice is deemed to be received.

23.   Change in Address

The Accountholder shall notify FuelXPress immediately of any change in the Accountholder’s registered name, trading name, ownership, business entity, registered office or principal place of business and directorship.

24.   Notices

(a)   A notice must be in writing except that if it is a notice from FuelXPress it may be given in a newspaper if that is not prohibited by law. FuelXPress may:

(i)    deliver it personally to the Accountholder; or

(ii)   leave it at, or send it by post, facsimile or email to the Accountholder’s address last advised to FuelXPress in writing.

Except in the case of notice by post, the notice shall be deemed given on the date it is sent by FuelXPress. Notices sent by post shall be deemed to have been received on the 3rd day after posting.

(b)  In addition to giving notice to FuelXPress in any other way permitted by law, the Accountholder must provide notice in writing and notice will not be effective until receipt by FuelXPress at:

FuelXPress Pty Ltd

PO Box 1365 Berrimah NT 0828 Email: admin@fuelxpress.com.au

25.   Taxes

25.1            Government Charges

FuelXPress has the right to charge the Accountholder’s FuelXPress Card account with Government rates, taxes or charges which now are or which in the future may be imposed or charged upon the Accountholder’s FuelXPress Card transactions, whether or not the Accountholder is primarily liable for the impost or charge.

25.2            GST

(a)   Except where a Taxable Supply is expressly stated to be inclusive of GST, if a Taxable Supply is made under these Terms and Conditions by either the Accountholder or FuelXPress, the party which made the supply (the “Supplying Party”) may in addition to the amount payable under these Terms and Conditions recover from the other party (the

“Receiving Party”) an additional amount on account of GST, calculated by multiplying the amount payable by the GST Rate (within the meaning of the GST Law, being 10% currently).

(b)  Where a Taxable Supply is made under these Terms and Conditions the Supplying Party shall issue to the Receiving Party a Tax Invoice or an Adjustment Note, as applicable, in accordance with the GST Law.

(c)   If there is a change in the GST Rate, then any amount payable which is stated to be inclusive of GST shall be increased or decreased by an appropriate amount so that the Supplying Party receives the same amount (after remittance of GST) as it would have received at the GST Rate prevailing before the change.

(d)  In these Terms and Conditions, “GST”, “GST Law”, “GST Rate”, “Taxable Supply”, “Tax Invoice” and “Adjustment Note” have the meanings given in section 195D1 of A New Tax System (Goods and Services Tax) Act 1999 (Cth).

 26.   Governing Law

The Terms and Conditions shall be governed by and interpreted in accordance with the laws in force in the Northern Territory. The parties submit to the exclusive jurisdiction of the Courts of the Northern Territory and any Courts competent to hear appeals therefrom.

27.  Waiver

The failure of FuelXPress to insist upon strict performance of any of the provisions of these Terms and Conditions will not be deemed a waiver of any subsequent breach of or default in these Terms and Conditions by the Accountholder. No waiver is effective unless it is in writing.

28.   Assignment

These Terms and Conditions are personal to the Accountholder and the Accountholder shall not be entitled to assign, transfer, mortgage or charge any of its rights, benefits or obligations under these Terms and Conditions. FuelXPress, without the Accountholder’s consent, may assign any of its rights, benefits or obligations under these Terms and Conditions.

29.   Severability

If any term of these Terms and Conditions or any part thereof is or becomes or is declared illegal, invalid or unenforceable for any reason whatsoever in any jurisdiction and such term or part is severable, it

is deemed deleted from these Terms and Conditions in the relevant jurisdiction.

30.   Commissions

Accountholder acknowledges that FuelXPress may give or receive commissions, volume discounts, fees and other benefits in connection with the supply of Products to the Accountholder.

31.  Joint and Several Liability

Where the Accountholder consists of two or more persons, the obligations of these persons shall be joint and several.

32.            Personal Properties Securities Act

You grant a security interest in all personal property supplied or to be supplied (inventory) and their proceeds by FuelXpress under these terms including personal property supplied by any third party. The security interest secures the due and punctual payment of all moneys payable under these terms. Any account arising by virtue of a sale of any personal property supplied takes effect as a transfer.

The security interest created by these terms is a continuing security and is a first ranking purchase money security interest in respect of the personal property supplied as inventory. Any other personal property forming part of the inventory of You not supplied by FuelXpress is a general security interest.

The security interest and these terms are a security interest and security agreement within the meaning of the Act.

You agree that FuelXpress may register a financing statement including any financing change statement on the register.

You waive your rights to receive a copy of any verification statement.

You agree to reimburse FuelXpress for all costs, expenses and other charges incurred, expended or payable by FuelXpress in relation to the filing of a financing statement, or a financing change statement or releasing the security interest created by these terms.

You acknowledge that it is not the owner of the goods and as such if chapter 4 of the Act applies to these terms, FuelXpress and You contract out of the enforcement provisions in section 115(1) of the Act.

You irrevocably authorise FuelXpress and any of its lawful agents, at any reasonable time, to enter its premises or any premises occupied by You and re-take any goods sold supplied under these terms and then re-sell those goods and retain the proceeds of the sale without prejudice to its rights to claim the balance of all moneys due under these terms. You must indemnify FuelXpress in respect of any such entry.

The provisions of this clause survive the termination of these terms.

For the purposes of this clause:

i. Act meaning the Personal Property Securities Act 2009 (Cth).

ii. Account, financing statement, financing change statement; inventory, proceeds, personal property, purchase money security interest, register, security interest and verification statement have the meanings given to them in the Act.

33.        Default

You are in default if:

a payment required to be made under these Terms is not made on time;

you or a guarantor is insolvent, goes into bankruptcy, voluntary administration, other insolvency process or arrangement, or no longer has legal capacity;

any of the following circumstances occur and have a Material Impact:

enforcement proceedings are taken against you or a guarantor or your or their assets by another creditor;

you cease, suspend or threaten to cease or suspend a substantial part of your business;

FuelXpress believe on reasonable grounds that you, an Additional Cardholder or a guarantor has not complied with the law or any requirement of a statutory authority;

you, or a guarantor give FuelXpress information or make a representation or warranty to FuelXpress which is materially incorrect or misleading (including by omission);

you place an order originating outside of Australia in breach of clause 2.4;

you, or a guarantor do not provide FuelXpress with information FuelXpress reasonably require (for example information required to meet our obligations under applicable laws).

All amounts that have been charged to your Account and all other amounts which are due for payment or will become due for payment (including amounts which have been accrued or charged but not yet charged to your Account) will become immediately due and payable; and

FuelXpress may close your Account and exercise our rights under the Terms and at law.

If you are in default FuelXpress will send you a default notice specifying the default, and if it can be remedied, how it may be remedied and how long you have to remedy it.

If you do not remedy the default within the time remedy then immediately on receipt of the notice:

You must pay FuelXpress all reasonable enforcement expenses FuelXpress or our agents incur in exercising our rights because of your default, and FuelXpress may charge those expenses to your Account.

34.        You Indemnify FuelXpress

You agree to indemnify FuelXpress, our directors, officers and agents (“indemnified parties”) against any losses, liability, damages, costs or expenses:

In this clause, “you” includes a person who FuelXpress reasonably believe to be you.

This indemnity is a continuing obligation independent of your other obligations under the Terms. It continues after these Terms end. It is not necessary for FuelXpress to incur expense or make payment before enforcing the indemnity.

35.        Our liability to you

FuelXpress is not liable to you or any person using your card or your access for any liability, damages or loss arising from, or any costs or expenses relating to any of the following (except to the extent resulting from or caused by our fraud, gross negligence or willful misconduct):

FuelXpress do not exclude or limit the application of any legislation where to do so would contravene the legislation or cause any part of these Terms to be void. Liability for a breach of any provision implied by law that cannot be excluded is limited to replacement of goods (in the case of goods) or resupply of services (in the case of services).

FuelXpress may ask you to arrange for a third party to guarantee your obligations under these Terms.

of, or in connection with, a breach by you of the Terms; or

arising from any unauthorised transaction or fraud, except to the extent arising from the fraud, negligence or willful misconduct of FuelXpress, our employees, officers, agents or contractors.

the suspension or closure of your Account;

any refusal by FuelXpress to accept a transaction using a Credit Card;

any goods or services acquired in connection with the use of this Account;

agents or employees;

any unauthorised transaction or any fraud or dishonesty of anyone other than FuelXpress;

any error or omission in a statement of account that you do not bring to our attention within 60 days following receipt of the statement of account;

any exercise or attempted exercise of, failure to exercise, or delay in exercising, a right, power or remedy under the Terms;

any loss sustained by you as a result of FuelXpress taking action under the Terms or your failure to meet your obligations;

any loss of an indirect, special or consequential kind; or

any other event or circumstance that FuelXpress cannot reasonably control.

36.         Guarantee

If you do not provide FuelXpress with the guarantee FuelXpress ask for, FuelXpress may close your Account without notice to you.

37.        Changes in your information

You must immediately notify FuelXpress in writing of a change in your name or address. FuelXpress will not be responsible for any errors or losses associated with a change in your particulars if FuelXpress do not receive notice or adequate notice of the change.

38.        Service of notices

When FuelXpress send you a notice or statement, FuelXpress may do so by any of the following:

by mail addressed to you at your last known address;

by email to address notified by you to FuelXpress; or

by posting the information for retrieval on our website after notifying you by email that it is available.

When you send FuelXpress a notice, you may do so by any of the following:

by mail addressed to PO Box 1365, Berrimah NT 0828; or

by email to the address notified by FuelXpress to you.

A notice or statement will be deemed to have been received:

in the case of delivery by post, five Business Days after the date of posting;

in the case of delivery by hand, when delivered; and

in the case of delivery by email, when sent to the computer system or the email account (without receiving an unsuccessful send report from the sender’s email server) during business hours

Any notice received, or taken to be received, on a day that is not a Business Day or after 4pm (AEST) on a Business Day is taken to be received at 9am (AEST) on the following Business Day. Any notice, demand or other communication may also be given or made in accordance with any method, procedure or requirement permitted under any applicable law. For the purpose of providing notice, our contact details are (unless FuelXpress notify you otherwise):

PO Box 1365, Berrimah NT 0828

Phone: (08) 8947 6733

For the purpose of providing notice, your contact details are (unless you otherwise notify FuelXpress in accordance with clause 38) the details provided in your application for the Account.

39.        Assignment of rights

You cannot assign your rights or obligations under the Terms.

FuelXpress may assign, transfer or otherwise deal with our rights and obligations under the Terms. This will not affect your rights or obligations under these the Terms.

You consent to FuelXpress disclosing any information or documents relating to you FuelXpress consider necessary to assign our rights and obligations, manage the assigned Terms and assess your total liabilities to FuelXpress.

Exercise of our rights

If FuelXpress decide not to exercise a right, remedy or power, this does not mean FuelXpress cannot exercise it later.

40.        Effect of legislation

Any present or future legislation which varies our obligations in the Terms so as to adversely affect our rights, powers or remedies is excluded, except to the extent that its exclusion is prohibited by law.

41.        Applicable law

The Terms are governed by the laws in force in the Northern Territory of Australia. You and FuelXpress submit to the exclusive jurisdiction of the courts of the Northern Territory of Australia.

42.        Electronic communication and e-signatures

You agree that, to the extent you provide FuelXpress with any documentation or other communication by electronic transmission FuelXpress are entitled to rely upon and accept that documentation or communication as an original document or communication to the extent necessary.

You acknowledge and agree that your application (including your agreement to these Terms) and any other documentation required to be signed by you in relation to the use of your Card or Account or under these Terms, may be executed by electronic signature, which is considered as an original signature for all purposes and has the same force and effect as an original ‘wet-ink’ signature. You agree that an ‘electronic signature’ includes, without limitation, faxed or electronically scanned and transmitted versions of an original signature or the use of an e-signature software that uses a digital identifier.