Effective Date: 29 August 2019
Application of terms and conditions and interpretation
These terms and conditions govern the use and operation of your Account. You acknowledge and agree that your use of the Account is subject to these terms and conditions.
Before using your Account or authorising another person to use your Account you should read these terms and conditions carefully. You should also provide a copy of these terms and conditions to any person authorised by you from time to time to use your Account. If you do not understand any of these terms and conditions, please call us on 1800 349 669.
If you do not accept these terms and conditions, you must immediately inform us and not use the Account in any way.
Please ensure you retain a copy of these terms and conditions for future reference.
1. Definitions
In these terms and conditions, the following definitions and rules of interpretation apply unless the context requires otherwise:
Account means the WEX Accident Assist account opened by us in your name evidenced by an account number;
Accountholder means the person in whose name the Account is opened and maintained;
Application means the original, and any subsequent, application made by you (or a person authorised to make the application on your behalf) to open an Account, and made via our online application system;
Balance means all Transactions charged to your Account and includes all purchases, fees and other amounts that you have agreed to pay us or are liable for under these terms and conditions;
Business Day means a weekday that is not a public holiday or bank holiday in Melbourne, Victoria;
Change of Control means:
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- the sale of all or substantially all the assets of the Accountholder, any merger, consolidation or acquisition of the Accountholder with, by or into another corporation, entity or person; or
- any change in the ownership of more than 50% of the voting capital stock of the Accountholder in one or more related transactions.
Customer Nominated Repairer means a repairer nominated by you to provide you with the Repairs, and who accepts the WEX Accident Assist means of payment in relation to the supply of the Repairs;
Fee Schedule means the schedule of fees for WEX Accident Assist provided to you at the time of making your Application (and as updated by us from time to time in accordance with clause 13) and which form part of the terms and conditions of your Account (including any variation to it). The current Fee Schedule is available here https://www.wexinc.com/en-au/solutions/wex-accident-assist/fee-schedule/;
Force Majeure Event means an event or circumstance beyond the reasonable control of the Party affected by the event, and which could not be avoided by the exercise of due care by that Party, which makes it impossible or illegal to perform, or prevents or delays compliance with, or the performance of, a Party’s obligations under these terms and conditions, including:
a. fire, flood, earthquake, elements of nature or acts of God;
b. war, revolution, or any other unlawful act against public order or authority;
c. an industrial dispute; or
d. a governmental restraint;
Late Payment Fee means the amount charged to you if you do not pay the amount owed to us on time as specified in a Statement or an amount charged to your Account payable upon demand by us;
Notification Event means if:
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- you cease, suspend or threaten to cease or suspend the conduct of all or a substantial part of your business or dispose of or threaten to dispose of a substantial part of your assets; or
- an administrator is appointed over you or any of your assets or an application or order is made, proceedings are commenced, a resolution is passed or proposed in a notice of meeting, an application to a court is made or other steps are taken for you to enter into an arrangement, compromise or composition with; or
- you are an individual, you appoint a trustee pursuant to the Bankruptcy Act or a petition for your bankruptcy is issued (except where the petition is no longer in force); or
- you are a company, an application or order is made, proceedings are commenced, a resolution is passed or proposed in a notice of meeting, an application to a court is made or other steps are taken for your winding up, deregistration, dissolution or administration or for the appointment of a receiver or receiver and manager over any of your assets;
Payment Code means the code that will be sent from WEX to the mobile number nominated on your Account (or an alternative mobile number as advised to us by you from time to time) that is used to effect payment for the Repairs from WEX to the Repairer;
Repairer means the repairer selected by us to provide you with the Repairs, and who accepts the WEX Accident Assist means of payment in relation to the supply of the Repairs;
Repairs means the repair work and parts listed in the quote provided by the Repairer or Customer Nominated Repairer, as they relate to the Vehicle and any ancillary work or costs associated with the repair work. For example, vehicle storage or towage costs;
Spend Balance means, at any time, the total of all amounts that have been charged to your Account but which have not been paid;
Spend Limit means the amount notified by us to you from time to time in accordance with clause 6 as being the maximum allowable Spend Balance of the Account;
Statement means a statement issued by us pursuant to these terms and conditions;
Sub-contractor means any person engaged by WEX in accordance with clause 22 to perform all or any of the services provided under these terms and conditions on behalf of WEX;
we, our, us means WEX;
WEX means WEX Australia Pty Ltd (ABN 68 005 970 570);
WEX Accident Assist means the repair management and payment service provided by WEX;
You, your means the Accountholder, their related bodies corporate (as that term is defined under the Corporations Act 2001 (Cth) and their respective successors and assignees;
Transaction means a request for Repairs in relation to the nominated Vehicle;
Vehicle means a vehicle that has been added to your WEX Accident Assist Account and that is the subject of the Repairs indicated in the Transaction;
Headings are for convenience only and do not affect interpretation. The singular includes the plural and conversely. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
2. Acceptance and application of these terms and conditions
You will be deemed to have accepted these terms and conditions on the occurrence of any of the following:
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- submitting an online Application in which you agree to be bound by these terms and conditions, which is accepted by us; or
- using or attempting to use the Account in any way, whether by an Accountholder or any other person authorised to use your Account including, without limitation, the authorisation of Repairs or the collection of a Vehicle from a Repairer.
If there is more than one Accountholder, these terms and conditions will apply to each Accountholder collectively and individually and you will each be jointly and severally liable under them.
If the Accountholder is a partnership, each partner in the partnership will be jointly and severally liable under these terms and conditions.
3. Privacy Authorisations
By applying for and using the Account you are providing personal information to enable us to assess your application for an Account. Without this information, we may not to be able to process your application. By submitting the Application or using the Account you agree that, subject to the Privacy Act 1988 (Cth), for the primary purpose of assessing your application and administering the Account arrangements, we may:
a. give to a credit reporting agency personal information about you contained in the Application or otherwise lawfully acquired by us and which is permitted to be kept on a credit information file;
b. obtain a credit report containing information about you from a credit reporting agency for the purpose of assessing your application or for the purpose of collecting overdue payments relating to your Account;
c. give your personal and/or financial information to a credit reporting agency for the purpose of conducting periodic reviews of your credit and financial arrangements after we have provided you with an Account. We will conduct these reviews periodically for as long as your Account remains active;
d. exchange information about you with any credit providers named in your credit report issued by a credit reporting agency:
i. to assess an application by you;
ii. to notify other credit providers of a default on your Account by you;
iii. to exchange information with credit providers as to the status of your account including where you are in default; or
iv. to assess your financial worthiness,
and you understand that the information exchanged can include anything about your financial worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988 (Cth);
e. produce the Application or a reproduction of it as evidence of an Application for the Account and of the customer authority;
f. use your personal information for additional purposes including planning, product development, partner offers and research;
g. provide you with, or arrange for a partner to provide you with, marketing information including special offers for Accountholders (if you do not wish to receive any marketing offers, please call us on 1800 349 669);
h. exchange information about you (including your personal information) with your nominated referees or any person who has introduced you to us;
i. disclose and exchange your information (including your personal information) to any of our related entities, alliance partners, referral partners and service providers (whether based in Australia or otherwise), and once approved, disclose and exchange information about your use of the Account to any of those parties, for the purposes of providing your Account and any other services under these terms and conditions;
j. disclose to our related entities, subcontractors, alliance partners and service providers (whether based in Australia or otherwise) including (without limitation) bankers, electronic interface switch providers, roadside assist service providers, printers, insurance companies, mail houses, solicitors, auditors, professional advisers and debt recovery agents with whom we have a contract such of the personal information as is necessary by us to enable us to manage your account or to promote our or their products and services.
We acknowledge that you can, without charge, request a copy of your personal information held by us by writing to us at WEX Australia Pty Ltd GPO Box 5342 Melbourne VIC 3001.
You can obtain more information about how we collect, store, use and disclose personal information by accessing our Privacy Policy on our website at https://www.wexinc.com/en-au/privacy/.
4. Opening of Account, and charging of amounts
If we accept your Application we will open an Account in your name. If you are a corporation or partnership the Account will be opened in the name of that corporation or partnership. Your Account will be governed by these terms and conditions.
Upon opening the Account we will issue you with a Spend Limit. Any amount payable under these terms and conditions will be charged to your Account and recorded in a Statement (refer to clause 10).
5. Use of your Account
Your Account:
a. must not be used for an unlawful purpose;
b. must only be used by you as the Accountholder or a person duly authorised by you;
c. must only be used wholly for business purposes;
d. must not be used for personal, domestic or household purposes;
e. must only be used in relation to effect Repairs to the Vehicle;
f. must not be used in relation to effect Repairs to a third party vehicle or in relation to any claim by a third party (including your insurance company or the insurance company of a third party);
g. must only be used for costs directly associated with the Repairs to the Vehicle; and
h. must not be used if the Account has been cancelled or suspended, or the Account has been closed pursuant to these terms and conditions.
You (or a person authorised by you) must not use the Account if you do not honestly expect to be in a position to pay the balance in full when due or if a Notification Event occurs.
You acknowledge and agree that we have the right to refuse authorisation for any Transaction without cause or prior notice and that we will not be liable to you, an Accountholder or anyone else for loss or damage resulting from such refusal.
6. Spend Limit on account
We will notify you of the Spend Limit (inclusive of GST) at the time you open the Account. We may vary the Spend Limit at any time by notice to you in writing. This variation will take effect at the time specified in the notice. The Spend Limit will also be set out on each Statement. You must ensure that the Balance at any time does not exceed the Spend Limit. If it does you must immediately pay to us the amount that exceeds the Spend Limit. Please call 1800 349 669 to obtain your current balance at any time.
We will charge to your Account an overlimit fee for each month (or part thereof) that the Spend Balance exceeds the Spend Limit.
7. Liability for payments in respect of your Account
You are liable to pay us when due all amounts charged to your Account pursuant to these terms and conditions. Except as set out in clause 8 of these terms and conditions, we may charge to your Account the amount of any Transaction entered into by any person using the Account, even if:
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- the Account is used in a way that is not permitted under these terms and conditions;
- the Account is used by a person other than the Accountholder or a person authorised by the Accountholder (including where a person purports to be authorised by you to use your Account); or
- the Account, has been cancelled.
You acknowledge that you are liable to pay when due all charges incurred arising from, or in relation to, the use of the Account. We may also charge to your Account any fees, charges or other amounts payable to us by you pursuant these terms and conditions and the Fee Schedule.
8. Liability for unauthorised transactions
You must immediately notify us by phone or in writing as soon as you or any person authorised by you believes that your Account has been used to make an unauthorised transaction. In order for notification by phone to constitute a valid notice under these terms and conditions, you must note and keep a record of the time, date and person you spoke to and promptly confirm your notice to us in writing. If you have validly notified us in accordance with these terms and conditions that you believe your Account has been used to make an unauthorised transaction you will not have to pay for any unauthorised transaction on your Account entered into at any time after the date we first receive your valid notification. Notwithstanding this clause 8, if we determine that you, or a person authorised to use your Account, are involved in an unauthorised transaction, your obligation to pay amounts charged to the Account will not be affected or limited by this clause 8.
9. Responsibility for Vehicle, Repairs or other goods and services
You should consider all quotes and details for Repairs carefully before providing your consent for the Repairer or Customer Nominated Repairer to proceed with the Repairs. By providing your consent you agree that you are liable for all costs associated with the Repair irrespective of whether the Repairs are completed in part or in full.
We are not responsible for the Vehicle at any time, including from the time the Vehicle is delivered to the Repairer or Customer Nominated Repairer. It is your responsibility to ensure the Vehicle is delivered to and picked up from the Repairer or Customer Nominated Repairer only by you or a person authorised by you.
We will use all reasonable endeavours to ensure the Repairer or Customer Nominated Repairer validates that the Vehicle is only picked up by you or a person authorised by you, however we will not be liable whatsoever in the event a Vehicle is picked up by an unauthorised person or is stolen, damaged or misused in any way including by a Repairer or Customer Nominated Repairer.
Disputes with a Repairer
We make no warranty or representation in respect of the quality, appropriateness or timeliness of the Repairs, vehicle parts or any other goods or services provided by a Repairer under these terms and conditions other than those required by law.
If, for any reason, you are dissatisfied with the Repairs you must first contact the Repairer to discuss your dissatisfaction. If the Repairer does not resolve your complaint to your satisfaction, please contact us immediately. All complaints and disputes will be managed in accordance with clause 21 of these terms and conditions.
Your obligation to pay amounts charged to your Account will not be affected or limited by any such complaint or dispute with a Repairer.
Customer Nominated Repairer
When you choose to engage a Customer Nominated Repairer as part of WEX Accident Assist you do so wholly at your own risk. We make no warranty or representation in respect of the quality, appropriateness or timeliness of the Repairs made by a Customer Nominated Repairer.
We are not liable in any way whatsoever in the event the Customer Nominated Repairer fails to complete the Repairs in full or to your satisfaction. If, for any reason, you are dissatisfied with the repairs made by a Customer Nominated Repairer you must contact the Customer Nominated Repairer directly. We will not be involved in any complaints or disputes in relation to Repairs or other services made or provided by a Customer Nominated Repairer.
WEX will not be liable in anyway whatsoever to you or any other person for any loss, damages or claim arising out of or in connection with, either directly or indirectly, the use of a Customer Nominated Repairer by you.
Your obligation to pay amounts charged to your Account will not be affected or limited by any such complaint or dispute with a Customer Nominated Repairer.
Additional goods or services or additional repairs
If you choose to accept additional goods or services or additional repairs from a Repairer or Customer Nominated Repairer, for example you accept use of a loan car from the Repairer or Customer Nominated Repairer or agree to have your Vehicle delivered to you by the Repairer or Customer Nominated Repairer, you do so at your own risk and we bear no liability in relation to any loss, damage to property or injury suffered by you or any other person in relation to your acceptance and use of those other goods or services or additional repairs.
10. Statements
We will send a Statement to you as soon as practicable after the end of each billing period (as determined by us) if:
a. any amount has been charged or credited to your Account since the date your Account was opened or since the date of your previous Statement; or
b. there is any amount outstanding on your Account.
The Statement will show the total amount payable by you to us for the billing period and when payment must be received in order to avoid the charging of a Late Payment Fee.
You will be deemed to have received each Statement upon the earlier of its actual receipt by you or the time set out under clause 18 of these terms and conditions.
You will promptly and carefully examine your account transaction information to ensure that all transactions have been properly and correctly recorded. You will notify us within 14 days of the date of the Statement of any errors or discrepancies. If you do not notify us within that period, you accept that the account transaction information is valid and correct.
The Statement will be sent electronically to the nominated email address on your Account. There is no fee for an electronic statement. In the event we are unable to send the Statement to your email address a paper Statement will be sent to the nominated mailing address on your Account. A fee may be charged for sending a paper Statement. Refer to the Fee Schedule for current fees and charges.
11. Paying your Account
The Balance shown on a Statement is due and payable to us on the date specified or described in the Statement. We may also, at any time, demand immediate payment of any charge made to the Account by sending a written demand to you. If we do this, the amount demanded becomes immediately due for payment.
You can pay amounts to us by the payment methods shown on your Statement. We do not accept cash payments.
Payments made after 4pm (Melbourne time) on a Business Day or on a day that is not a Business Day will be treated as if made on the following Business Day. All payments must be made in Australian dollars (AUD). If you make a payment and we, acting reasonably, cannot identify the Account to which the payment relates, we will not be responsible for the payment not being credited to your Account. We may, at our discretion, accept late or part payments or a payment described as being in full or in settlement of a dispute. Our agreement to do so does not constitute a waiver of any of our rights under these terms and conditions or at law and does not mean we agree to a variation to these terms and conditions. We accept no responsibility in respect of payments sent to us by post or payments made to other persons for transmission to us. All payments are at your risk until received by us. If we receive a cheque, draft or other payment instrument from you or from another person on your behalf which is not honoured in full for any reason, you are liable to pay us the dishonoured payment fee, the dishonoured amount plus our reasonable collection costs and legal fees. If you have arranged to pay us through a direct debit you agree to pay us the dishonoured payment fee, the dishonoured amount plus our reasonable collection costs and legal fees.
If you make a payment to us which we do not treat as a payment of a Balance or other amount due and payable to us (Other Payment and which payment includes the amount remaining at any time after set-off by us), we hold the amount of that Other Payment on bare trust for you on the terms of this paragraph of clause 11. We have no obligations as trustee other than to deal with the Other Payment in accordance with this paragraph of clause 11. We can, if so indicated in any Statement or otherwise in our discretion, apply by way of set off at any time that Other Payment or any part of it in or towards satisfaction of any amounts you owe us. We have no obligation to pay or otherwise apply the amount of that Other Payment to you or for your benefit, and no debt is due and payable by us to you in respect of that amount, other than:
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- where your Account is cancelled or closed in accordance with clause 15 and we apply by way of set-off that Other Payment or any part of it in or towards satisfaction of any amounts you owe us; or
- where your Account is cancelled or closed in accordance with clause 15 and you owe no obligations to us.
Regardless of any Other Payment made by you, you must make all payments in accordance with these terms and conditions and pay all other amounts in full to us under these terms and conditions without any set-off, withholding or reduction for any reason, including any existing or future act, omission or default by us.
Any right to set-off in respect of the Other Payment is a right exercisable by us alone. No interest is payable on an Other Payment.
12. Guarantees
In this clause 12, a Guarantee means, in a form acceptable to us:
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- An Australian bank guarantee; or
- A guarantee from one or more of your related bodies corporate.
We may require that you provide us with a Guarantee or Guarantees as security for the performance of your obligations under your Account.
If we require any Guarantee:
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- you must provide it to us on or before the date we agree to in writing; and
- we are not obliged to provide any Account to you before you so provide the Guarantee to us.
13. Fees and Charges
We may charge you the fees set out in the Fee Schedule.
We may charge to your Account, in addition to any other amount payable under these terms and conditions, the amount of any government duties, taxes (including goods and services tax) and charges now or in the future charged or payable in relation to or in connection with:
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- your account;
- any amount payable under these terms and conditions;
- any Transaction entered into on your Account; or
- the supply of any thing (including any goods or services) under these terms and conditions or in connection with your Account, whether or not you are principally liable for the duties, taxes or charges.
We reserve the right to vary all fees and charges at any time by providing you with 30 days’ prior notice in writing.
Payment processing fees
Payment processing fees apply in accordance with the Fee Schedule.
Late Payment Fees
Any reference in these terms to overdue amount includes any Late Payment Fees that have been charged to your Account and remains unpaid. A Late Payment Fee will be charged to your Account if you do not pay the Balance shown on a Statement by the date specified or described in the Statement or you do not pay an amount charged to your Account when demanded by us. The Late Payment Fee will comprise a late fee and an administration fee as outlined in the Fee Schedule.
14. Application of payments
Any amount we receive from you will be applied in any order we choose to amounts charged to your Account, or any other amounts in any other account that you have with us that are outstanding.
15. Cancellation and closure of Account
Notwithstanding any other provision in these terms and conditions, we may cancel your Account with immediate effect, at any time and at our discretion by providing you with prior written notice, including, without limitation, in the event of a proposed Change of Control.
We will also cancel the Account if you or a person authorised by you asks us to or if you or a person authorised by you notifies us under clause 8 of these terms and conditions. If you ask us to close your Account, or we decide to close it (see below), we may cancel all Transactions immediately without further notice to you or the person you have authorised to use your Account. Subject to clause 8, cancellation of an Account does not affect or limit your obligations under these terms and conditions, including your obligation to pay amounts charged to your Account whether in respect of Transactions on your Account incurred before or after it is cancelled or otherwise.
Your Account will be closed when:
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- you ask us in writing to close it or if we decide, in our discretion, to close it; and
- all amounts outstanding on the Account have been paid in full.
Closure of the Account does not affect or limit your obligations under these terms and conditions.
16. Suspension
We can suspend the Account at any time without notice:
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- if you are in default under these terms and conditions (including, without limitation, in default of any payment obligation); or
- if we suspect that the Account has been used fraudulently by you or a third party; or
- to prevent loss to you and/or us.
If we do this then you and each person authorised by you must not use the relevant Account until such time as we advise you that the Account has been reactivated or reinstated. The suspension of the Account does not otherwise affect or limit your obligations under these terms and conditions.
17. Variation
We may vary these terms and conditions in our discretion in any way (including by varying a fee or charge or imposing a new fee or charge) at any time by giving you not less than 30 days written notice of the variation or by giving you not less than 30 days written notice that an amendment will be made to these terms and conditions.
18. Notices
Subject to these terms and conditions, any notice, demand or other communication given or made under these terms and conditions must be:
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- in writing; and
- if given or made by you, signed by you or (if you are a body corporate) one of your authorised officers; and
- delivered to the intended recipient by prepaid post or email to the address or email address set out below and will be taken to have been given or made:
- in the case of delivery by post, three Business Days after the date of posting; and
- in the case of delivery by email, when sent to the computer system or the email account.
Any notice received, or taken to be received, on a day that is not a Business Day or after 5pm (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 we notify you otherwise):
Client Services Manager
GPO Box 5342
Melbourne VIC 3001
Fax: (03) 9274 9130
Phone: 1800 349 669
For the purpose of providing notice to you under these terms and conditions, your contact details are (unless you otherwise notify us in accordance with clause 18) the details provided in your Application for the Account.
19. Electronic communication and e-signatures
You agree that, to the extent you provide us with any documentation or other communication by electronic transmission we 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 conditions) and any other documentation required to be signed by you in relation to the use of your Account or under these terms and conditions, 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.
20. Change of details You must notify us:
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- promptly of, and in any event no later than 14 days after, any change in your name or address; and
- promptly of, and in any event no later than 14 days after, any change in the name of an Accountholder whose name appears on an Account;
- promptly of, and in any event no later than 14 days after, any change to any Vehicle details including any changes to Vehicle ownership or the addition of new Vehicles;
- immediately if you propose to undergo a Change of Control. You must provide us with any details relating to the Change of Control that we reasonably require;
- immediately upon the occurrence of a Notification Event; and
- immediately if there is a change in the name of a person you authorise to use the Account on your behalf. If we ask you to provide us with the name and address of any person authorised by you to use the Account you must do so immediately and, in any event, within three days after we ask you.
21. Dispute Resolution
If you disagree with any amount charged to the Account, please contact us as soon as possible on 1800 349 669. You must provide us with written confirmation of your claim and any supporting evidence upon request. Nothing in this clause 21 entitles you to withhold payment from us in respect of the amount in dispute, unless and until it has been refunded in accordance with these terms and conditions.
All disputes under this clause 21 (including those relating to Repairs) will be handled in accordance with our Complaints Handling Policy. This can be found at Schedule 1 to these terms and conditions or online at https://www.wexinc.com/en-au/solutions/wex-accident-assist/terms-and-conditions/.
As part of any complaint or dispute WEX may, at our sole discretion, appoint an independent assessor to review the Repairs in order to assess and/or investigate your complaint or the dispute. You agree that any decision reached by us on the basis of the independent assessor review is final and binding. You may request a copy of any independent assessor report from us.
22. Assignment and sub-contracting
We may sub-contract all or any part of our obligations under these terms and conditions at any time at our absolute discretion.
You must not assign, novate or otherwise transfer any of your rights or obligations under these terms and conditions without our prior written consent. We may not unreasonably withhold this consent.
23. Force Majeure
If a party is prevented in whole or in part from carrying out its obligations under these terms and conditions as a result of a Force Majeure Event, it will promptly notify the other party. While the Force Majeure Event continues, the obligations which cannot be performed because of the Force Majeure will be suspended, other than obligations to pay money that is due and payable. The party prevented from carrying out its obligations as a result of the Force Majeure Event must take all action reasonably practicable to resume performance and mitigate any loss associated. If a party is prevented from carrying out its obligations due to a Force Majeure Event for a period of three months or more, the other party can cancel your Account and close your Account with 30 days’ prior written notice.
24. Anti-Money Laundering and Counter-Terrorism Financing
To meet our regulatory and compliance obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and relevant regulations and rules ("AML & CTF Legislation") (as amended from time to time), we may need to:
a. conduct sanction screenings and background checks on you in order to identify if you are subject to international sanctions, are a convicted or suspected criminal or, for some other reason, present a reputational risk to our business;
b. delay, block or refuse Transactions where we have reasonable grounds to believe that the Transaction(s) breaches Australian law or the law of any country;
c. from time to time, require additional information from you (including, without limitation, 100 points of identification for any relevant individuals, including, if applicable, individuals of a partnership) to assist us in meeting our obligations as required by Australian law or the law of any other country including but not limited to the AML & CTF Legislation,
and you agree that you must not initiate, engage in or effect a Transaction that may be in breach of Australian law or the law of any other country including but not limited to the AML & CTF Legislation.
Any personal information provided to us under this clause 24 will be handled in accordance with our Privacy Policy available at https://www.wexinc.com/en-au/privacy/.
25. Australian Consumer Law
Under the Australian Consumer Law you may be covered by a consumer guarantee in relation to the supply of goods or services costing up to $40,000. To the extent you have a statutory right under a consumer guarantee we will remedy in accordance with applicable law. For example, we are not required to provide a refund if you change your mind about the services you asked for.
For more information on your statutory rights please refer to the website of the Australian Competition & Consumer Commission at https://www.accc.gov.au/.
26. Miscellaneous
This Agreement is governed by and must be construed in accordance with the laws of Victoria. The parties agree to submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
We may setoff and apply any payments required to be made by us under your Account against any payments you are required to make under this Account.
No failure to exercise, nor any delay in exercising, any right, power or remedy by us operates as a waiver. A single or partial exercise by us of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on us unless in writing.
Our rights, powers and remedies under these terms and conditions are in addition to, and do not exclude or limit, any right, power or remedy provided by law or equity or by any other agreement or instrument.
Any provision of, or the application of any provision of, these terms and conditions which is:
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- prohibited in a jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition; and
- void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction and may be severed without affecting the enforceability of the other provisions in these terms and conditions.
Schedule 1: WEX Accident Assist - Complaints Handling Policy
This WAA Complaints Handling Policy applies to complaints in relation to WEX Accident Assist only.
Definitions
For the purposes of this WEX Accident Assist Complaints Handling Policy:
Business Day means day that is not a weekend or public holiday in Victoria.
Complaint means an expression of dissatisfaction made to us, related to our products or services, or our Complaints handling process itself, where a response or resolution is explicitly or implicitly expected.
Employee means a person employed by us or by a related entity that provides services to which this Policy applies.
Financial Hardship means where You have difficulty meeting Your financial obligations to us.
Policy means this Complaints Handling Policy.
Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time.
WAA means WEX Accident Assist.
WEX means WEX Australia Pty Ltd ABN 68 005 970 570.
We, Us, Our means WEX.
You, Your means the Customer who holds a WAA account.
Introduction
A Complaint may be made to WEX orally or in writing by You or Your authorised representative.
To make a complaint please:
email – feedback@wexinc.com
or telephone – 1800 349 669
Wherever possible, We will seek to resolve a Complaint directly with You and in accordance with this Policy. At no stage will We charge You a fee for making a Complaint to Us, or in relation to our investigation of the Complaint. We will also not charge any fee if You request to be provided with information or documentation in relation to Our investigation of Your Complaint.
For the purposes of this policy, a Complaint is not:
-
- a general inquiry – e.g. You are merely seeking information;
- an expression of dissatisfaction about matters which are outside WEX's control – e.g. market conditions; and
- a dispute – e.g. a complaint that has not been resolved despite attempts by the parties. It is generally characterized by a polarisation of the parties and locking in of entrenched positions or a complaint which has been unresolved for some time.
1. Complaints
a. You are entitled to make a Complaint to Us about anything relating to Your use of WAA or Your relationship with WEX.
b. We will investigate and handle the Complaint in a fair, transparent and timely manner and in accordance with this Policy.
c. We will make available to You information about Your right to make a Complaint and about Our processes for dealing with Complaints on the WAA website and in Our relevant written communications.
d. We will only ask for and rely on information relevant to Our decision in dealing with Your Complaint. If You request it, We will supply You with the information We relied on in assessing Your Complaint within 15 Business Days of Your request, in accordance with Section 4 of this Policy.
e. Where We identify, or You tell Us about, an error or mistake in handling Your Complaint, We will immediately take action to correct this error or mistake.
f. We will notify You of the name and relevant contact details of the WAA employee assigned to liaise with You in relation to Your Complaint, and at any stage of the Complaints process if that WAA employee changes.
g. Our Complaints process (outlined below) does not apply to Your Complaint if We resolve it to Your satisfaction by the end of the 15th Business Day after Your Complaint was received by Us, and You have not requested a response in writing. This exemption to the Complaints process does not apply to Complaints about Financial Hardship.
h. Stage One and Stage Two of the Complaints process described below will not exceed 60 Business days in total, unless We are unable to provide You with a final decision within 60 Business days. If We are unable to provide You with a final decision within 60 Business Days, We will inform You before the end of that period of the reasons for the delay.
2. Stage one - Complaints
a. We will respond to Your Complaint within 30 Business Days of the date of receipt of Your Complaint, provided WEX have all necessary information and have completed any investigation required.
b. If We cannot respond within 30 Business Days because We do not have all the necessary information or We have not completed our investigation:
i. We will let You know as soon as reasonably practicable within the 30 Business Day timeframe, and agree a reasonable alternative timetable for responding with You. If We cannot agree on a reasonable alternative timetable, We will advise You of Your right to take Your Complaint to Stage Two of the Complaints process (set out below); and
ii. We will keep You informed about the progress of Our response at least every 15 Business Days, unless You agree otherwise.
c. We will respond to Your Complaint in writing and tell You:
i. Our decision in relation to Your Complaint;
ii. the reasons for Our decision; and
iii. Your right to take Your Complaint to Stage Two if Our decision at Stage One does not resolve Your Complaint to Your satisfaction.
3. Stage two - Complaints
a. If You are not satisfied with Our decision made under Stage One, You may advise Us that You wish to take Your Complaint to Stage Two.
b. If Your Complaint is taken to Stage Two, Your Complaint will be reviewed by a WAA employee or employees with the appropriate experience, knowledge and authority to manage Your Complaint and who is/are, to the extent it is practical, different from the person or persons whose decision or conduct is the subject of the Complaint, or who was/were involved in the Stage One decision.
c. WEX will keep You informed about the progress of Our review at least every 15 Business Days.
d. WEX will respond to You within 30 Business Days of the date You advise us that You wish to take Your Complaint to Stage Two, provided WEX have all necessary information and have completed any investigation required.
e. If WEX cannot respond within 30 Business Days because WEX do not have all necessary information or WEX have not completed our investigation, WEX will let You know as soon as reasonably practicable within the 30 Business Day timeframe, and agree a reasonable alternative timeframe with You.
f. Our response to the review of Your Complaint will be in writing and will include Our final decision in relation to Your Complaint and the reason for that decision.
4. Disclosure of information
a. WEX will act in accordance with the requirements of the Privacy Act when WEX collect, store, use and disclose personal information about You.
b. Subject to Error! Reference source not found. below, You are entitled to access to information about You that WEX have relied on in assessing Your Complaint, if You request it.
c. There are special circumstances where WEX may decline to provide You with access to or disclose information to You. For example:
i. where such information is protected from disclosure by law, including under the Privacy Act;
ii. where the release of the information may be prejudicial to Us in relation to Your Complaint.
d. If WEX decline to provide access or to disclose information to You:
i. WEX will not do so unreasonably;
ii. WEX will give You reasons for the decline; and
iii. WEX will provide You with details of the Complaints process.