In these Z Card Terms and Conditions, unless the context requires otherwise:
The words “we”, “our” and “us” means Z Energy Limited and the words “you” and “your” means the Account Owner;
Account means your account for the Z Card;
Account Owner means the company or person(s) at whose request we agree to open an Account;
Cardholder means the person presenting the Z Card at the point of purchase;
Credit Limits means limits, imposed by us, on the value of the Products which may be purchased using a Z Card;
Dishonour Fee means a fee which we may charge to your Account if a direct debit payment to us is dishonoured as advised by us from time to time;
Fastlane enables Z customers, who have previously registered their Fastlane and Z Card details in Z App, to fuel their vehicle at designated Fastlane pumps, at selected Z stations taking part in Fastlane, without ever having to go inside the Z store to pay, or pay for their fuel at pump.
Management Controls means compulsory PIN entry and/or compulsory odometer entry (except for when Z Card is used for a Fastlane transaction);
Month means a calendar month;
Monthly Card Fee means the monthly card fee charged for each Z Card issued as advised by us from time to time;
Purchase Limit means a limit, imposed by the Account Owner, on the value of the Products which may be purchased per day or per month using a Z Card;
PIN means Personal Identification Number;
Products means goods and services within the class of authorised goods and services as identified on the Z Card;
Terms and Conditions means these Z Card Terms and Conditions together with any terms offered by us and accepted by you at the time of your application for your Z Card (whether by Z Card Online Application, Account Application Form or otherwise) and any amendment of, or addition to, the same pursuant to clause 17 of these Z Card Terms and Conditions;
Transaction Fee means the fee charged for each use of the Z Card as advised by us from time to time;
Working Day means any day (other than a Saturday or Sunday) on which the banks are open for business in Wellington;
Z Card means a card issued by us from time to time which is to be used to purchase Products under the Terms and Conditions; and
Z Card Merchant means any outlet where we have authorised use of the Z Card.
2. Acceptance of Conditions
(a) The Terms and Conditions are a contract between you and us.
(b) You acknowledge that:
3. Z Card
(a) Each Z Card will be identified with:
(b) We will issue a PIN for each Z Card. The use of a PIN is mandatory at truckstops at which our Products are sold and, if you have requested compulsory PIN entry, at all sites processing transactions electronically (unless you have registered and used your Z Card for a Fastlane transaction). You may disable a PIN for a Z Card by contacting us.
(c) Each Z Card is subject to Purchase Limits (which we may vary from time to time). You may amend the Purchase Limits on each Z Card on request or via the Z Card online service.
(d) Each Z Card may also be subject to Credit Limits (which we may vary from time to time). If a Credit Limit applies, you must comply with that Credit Limit.
4. Use of Z Card
(a) Where a Z Card is issued with a vehicle registration number, you are responsible for ensuring that the Z Card is only used in connection with the vehicle bearing that registration number, including when registering a vehicle registration number for Fastlane transactions in Z App.
(b) Where a Z Card is identified with a driver’s name, you are responsible for ensuring that the Z Card is only used by the named driver.
(c) When using the Z Card, Cardholders must use their compulsory PIN or, if compulsory PIN entry has been disabled, sign their names in the space provided on the sales voucher provided by the Z Card Merchant (unless you have registered and used your Z Card for a Fastlane transaction). You are responsible for ensuring that Cardholders are aware of, and comply with, the Management Controls, Purchase Limits and any Credit Limits.
5. Ownership of Z Card
(a) The Z Card remains our property at all times.
(b) You agree to return or destroy any Z Card issued to you when the relevant Z Card is cancelled or replaced, when we ask you to or if your Account is closed. If your Z Card has been registered within Z App, you must also delete your Z Card in Z App if your card has been cancelled or replaced, or if your Account has been closed.
6. Security and Loss of Z Card
(a) You are responsible for ensuring the safe custody and authorised use of the Z Card and PIN.
(b) In particular, you must not record the PIN on the Z Card or documents kept with the Z Card. If you need to give the PIN to more than one Cardholder, you are responsible for ensuring the PIN is communicated and recorded in a secure fashion.
(c) You must notify us immediately by phoning 0800 474 355 or emailing firstname.lastname@example.org on becoming aware that:
(d) If you ask us to disable your compulsory PIN for a Z Card, you will be liable for all transactions occurring before that Z Card is cancelled, even if those transactions were made by someone who was not authorised to use the Z Card.
7. Suspension and Cancellation
(a) We may cancel or suspend the Z Card and your right to use the Z Card or close your Account at any time without notice.
(b) You may suspend or cancel the Z Card or close your Account at any time by giving notice to us by phoning 0800 474 355 or emailing email@example.com.
(c) If your Z Card is cancelled or suspended or your Account is closed, whether by you or us, you must:
(d) You are liable for any use of a cancelled Z Card unless and until the Z Card is returned to us or destroyed.
(a) The Z Card may only be used to purchase the Products identified on the Z Card. Purchases may be made at a Z Card Merchant accepting the Z Card. You acknowledge that not all Products will be available at all Z Card Merchants.
(b) Customer and merchant transaction limits apply to all transactions. Transactions that are processed manually may be subject to lower Purchase Limits and/or additional authorisation may be required from Z.
(a) The price(s) charged for the Products will be the retail price(s) charged by the Z Card Merchant at the time of purchase unless:
(b) If we have agreed a different price(s) with you, or notified a different pricing methodology to you, those price(s) will be subject to the terms of our agreement with you or our notification to you. Unless otherwise agreed with you, we may change those agreed different price(s) or the applicable pricing methodology at any time by giving you at least 14 days’ notice.
(a) You must pay the following fees:
(b) We will give you written notice of any change to the Transaction Fee or Monthly Card Fee.
(c) We reserve the right to introduce a fee for the issue or replacement of any Z Card. We will give you written notice of the introduction of, or change to, any Z Card issue or replacement fee.
(d) You will be liable to pay these fees while your account remains open.
11. Tax Invoice
(a) We will send you a tax invoice in respect of your Account at agreed intervals. The tax invoice will detail:
(b) You are responsible for checking the tax invoice to ensure its accuracy and advising us of any error or discrepancy. If you do not notify us of any errors or discrepancies within 21 calendar days of the date of the invoice, you will be deemed to have accepted the accuracy of the invoice.
(c) You must pay the amount shown on the tax invoice by means of an automatic bank direct debit, on the date indicated on the tax invoice. The entire debit balance of your Account becomes immediately due and payable in the event of your death or if you become bankrupt or insolvent.
12. Dishonour of Direct Debit
If the direct debit we initiate on your bank account is dishonoured:
13. Non-payment of Account
In addition to our rights under clauses 11 and 12, if you do not pay an invoice when due, you agree that we may:
14. Re-sale restriction
Unless and except to the extent otherwise agreed between us and you in writing, you must not:
(a) The information we provide in the tax invoice and any other reports we supply to you is confidential and is supplied on the express condition that such information and all rights and interest thereto remain our property.
(b) You may not part with, copy or disclose such information in whole or in part to any party or use it for any purpose other than which was intended without our written consent.
16. Inability to Supply Products
We are not responsible for any loss or inconvenience which may be caused if we or any Z Card Merchant are/is unable to supply your requirements for Products at any particular time or place.
17. Changes in Terms and Conditions
We reserve the right to vary, delete or supplement the Terms and Conditions by giving you written notice (which, in relation to these Z Card Terms and Conditions, may be by publishing the changes on our website z.co.nz).
18. Change in Account Details
You must notify us of any change to your name, registered office or your principal place of business, or of any change in your directors (if you are a company) as soon as possible upon a change being effected.
19. Change of Bank Account
If there is any change to any bank account upon which a direct debit authority is held by us, you must give us not less than five (5) Working Days’ notice by phoning 0800 474 355 or emailing firstname.lastname@example.org and arrange for a new direct debit authority with us before your next payment due date if so required.
20. Notice to you
(a) When we give notice to you under the Terms and Conditions, we will give notice by post or email to the most recent address/email address notified to us or, where clause 17 applies, we will give notice by publishing changes on our website instead. Where we give notice by post, you will be deemed to have been notified on the date of postage. Where we give notice by email, you will be deemed to have been notified on the date the email is sent.
(b) The first use of a Z Card after a notice is given or, where applicable, after the relevant notice period, indicates you have accepted the condition(s) or change in condition(s) as notified.
21. Notice to Us
Where you give notice to us under the Terms and Conditions, you must give notice either by phoning 0800 474 355 or emailing email@example.com. The notice shall not be effective until we receive it.
22. Consumer Guarantees Act
Z Card is generally only available to businesses for business purposes. If your use of Z Card pursuant to the Terms and Conditions is for the purposes of a business, you acknowledge and agree that the provisions of the Consumer Guarantees Act 1993 do not apply.
23. Taxes & Duties
(a) Unless precluded by legislation, we reserve the right to debit your Account with any government rates, taxes or charges which now are, or which in the future may be, imposed or charged upon your Z Card transactions, whether or not you are primarily liable for the impost or charge.
(b) For the avoidance of doubt only, our rights under clause 23(a) above shall include the right to recover from you any regional fuel tax where we are or become liable for such tax by virtue of section 65P of the Land Transport Management Act 2003 (or otherwise).
(c) You acknowledge and agree that in terms of any amounts that may become due under clause 23(b) above, we may elect (in our sole discretion and without limitation to any other rights or remedies that we may have) to recover the same from you:
(a) You acknowledge that, when we process your application for a Z Card and in the course of our subsequent business relationship, we may collect “personal information” about you and your Cardholders. “Personal information” is defined in the Privacy Act 1993 as “information about an identifiable individual”, i.e. information about a natural person as opposed to a company or other legal entity.
(b) We collect, store and use such information for purposes connected with our business, such as:
(c) We will not sell, trade or rent any personal information you and your Cardholders provide to us to any third party, except as authorised by you.
(f) We may disclose your personal information if you request us to.
(g) You agree that we are not liable to you for any use of your personal information by a third party if we have disclosed that personal information to the third party in accordance with this clause 24.
(h) Where you apply for a Z Card and quote your membership or relationship with another organisation with whom we have a separate agreement in relation to Z Card (a Z Card Promoter), you acknowledge and consent to personal information obtained:
(i) You have the right to request access to any personal information we hold about you and to request that it be corrected in accordance with the Privacy Act 1993.
25. Z Card Online
We may, at our discretion, issue one or more login IDs and passwords to you (or any person acting with your express or implied authority) to allow you to carry out certain administrative functions in relation to your Z Card via the Z Card Online (ZCOL) website. You agree that, when using any such login ID and password, you will be bound by the Terms of Access on the ZCOL site in addition to these Terms and Conditions.
You agree that, if you have registered your Z Card for Fastlane transactions, that you will be bound by the Fastlane Terms and Conditions in addition to these Terms and Conditions.
27. Complaints resolution
If you have a complaint regarding our financial services and you are not satisfied with the outcome of our investigation into your complaint, you may refer your complaint to Financial Dispute Resolution (fdr.org.nz). Financial Dispute Resolution is an independent organisation and their services are available to Z’s customers free of charge.
28. Contacting us
Z Energy Limited
3 Queens Wharf
P O Box 2091
Phone: 0800 474 355
Fax: 0800 743 553