Policies & Terms and Conditions

• Customers purchasing a minimum of 40 litres of fuel PER VEHICLE as one transaction will be entitled to claim a discount of four (4) cents per litre* off the pump price
• Discount is available on all fuel types except LPG Autogas
• Discount is only available up to a maximum of 120 litres in each transaction or twenty-four (24) hour period
• Discount cannot be used in conjunction with any other offer (including Motoring Association ‘Show your card & save’ offer, staff discount cards or any other discount offers)
• Customers must pay for fuel by cash, Eftpos, credit card, Motorcharge or Motorpass to obtain discount
• Discount is not valid for customers purchasing using a Freedom Fuels’ Business Fuel Account card
• Freedom Fuels Australia Pty Ltd reserves the right to suspend, terminate, or vary this fuel discount offer at any time.
• DISCOUNT IS ONLY AVAILABLE AT FREEDOM FUELS’ PARTICIPATING SITES -TO FIND OUT WHICH OUTLETS ARE
• CURRENTLY PARTICIPATING PLEASE CALL: 1300 667 202 OR VISIT THE WEBSITE

* Including GST

1. Complete a Fuel Quality / Quantity Investigation Form
   1. Please contact any Freedom Fuels’ Company Owned Site* or our Customer Service Centre on 1300 667 202 or csc@freedomfuels.com.au. Our Staff will complete a Fuel Quality or Quantity Investigation Form upon receipt of your complaint to enable your complaint to be investigated.
   2. A copy of the Freedom Fuels Product Information Statement as displayed at our Sites will also be provided or forwarded to you.
2. Provide the following:
   1. Proof of Purchase: You need to prove that you purchased your fuel from Freedom Fuels by providing your purchase receipt or bank statement, location, date and time of purchase, product type and volume purchased;

      In addition, for all Fuel Quality Complaints please provide:

   2. Fuel Sample: retained a minimum 2 litre fuel sample from your vehicle or equipment in an Australian Standard compliant fuel container;
   3. Proof of Vehicle Maintenance: proof that your vehicle or equipment has been regularly serviced and maintained in accordance with your vehicle manufacturer recommendations.
   4. Mechanical Inspection:
      1. Organise for your vehicle or equipment to be inspected or repaired by a qualified mechanic;
      2. Have your mechanic test for other common mechanical problems not caused by faulty fuel such as engine tuning, air and fuel filters or spark plug/leads needing replacement etc simply due to fair wear and tear;
      3. Provide us with a copy of the mechanics report and a quote for the cost of repair, or an invoice for repairs already carried out, which clearly details the cause of the damage and repairs carried out.

You may provide the above to the Site you purchased your fuel from, or another Freedom Fuels’ site, or to our Head Office at Eagle Farm if this is more convenient.

Freedom Fuels will investigate your complaint and if it is determined that our fuel caused loss or damage to you or your vehicle or equipment then we will:

1. reimburse you for your fuel purchase; and/or
2. reimburse any overcharge due to incorrect quantity being dispensed at the bowser; and/or
3. pay for any repair costs directly incurred as a result of any faulty fuel.

Further queries

Should you have any further queries please contact us via:

Freedom Fuels
Unit 5, 16 Theodore Street, Eagle Farm Q 4009
Tel: 1300 667 202
Email: csc@freedomfuels.com.au

*For full site listing please see www.freedomfuels.com.au

Please note that our undertaking is conditional upon:

• the use of any of our products in your vehicle being in accordance with your vehicle’s manufacturer’s recommendations;
• your vehicle having been regularly maintained in accordance with your vehicle’s manufacturer’s recommendations;
• notice being given of the alleged damage and/or failure within forty-eight (48) hours;
• two (2) litres of our fuel product must be retained and supplied for testing purposes; and
• investigation and verification by Freedom Fuels Australia Pty Ltd, or an agreed independent testing facility, that our fuel product was the cause of the reported damage and/or failure (this will include a physical inspection of your vehicle and/or the allegedly damaged component/s which must be retained)

Freedom Energy Holdings Pty Ltd and all related body corporates (“FEH/Company/us/we/our”) values and respects the privacy of the people FEH deals with and is committed to protecting personal information and complying with the Privacy Act 1988 (Cth), Privacy Amendment (Enhancing Privacy Protections) Act 2012 (Cth) and other applicable privacy laws and regulations (Privacy Laws) which govern the way that FEH collects, uses, discloses, stores, secures and disposes of personal information.

This Policy covers all employees, managers, directors and contractors of FEH, which incorporates Freedom Energy Holdings Pty Ltd and all related body corporates, including Idemitsu Kodan Co Ltd, Idemitsu Asia Pacific Pte Ltd, Idemitsu International (Asia) Pte Ltd, Freedom Fuels Australia Pty Ltd, Freedom Fuels Terminalling Pty Ltd, Eflont Pty Ltd and Trinity Petroleum Services Pty Ltd.

Any positions exempted from this Policy will be advised accordingly in writing.

The Company is committed to:

1. protecting personal information; and
2. complying with the Privacy Laws.

4.1 What is personal information?

Personal information means any information or opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information is recorded in a material form or not.

In general terms, this includes information or an opinion that personally identifies a person either directly (e.g. name of a person) or indirectly.

4.2 What personal information we collect

The personal information that we collect depends on the nature of our dealings with a person and what they choose to share with us, including you and what you choose to share with us.

The personal information that we collect about persons may include:

• name;
• address;
• date of birth;
• email address;
• phone number;
• employment history;
• educational qualifications;
• etc.

A person does not have to provide us with their personal information. Where possible, we will give you an option to provide us with your personal information or not. If you choose not to provide us with your personal information, it may limit or restrict the information, services or goods that we are able to provide to you and how we interact with you.

In some circumstances, we may collect sensitive information about persons. Sensitive information includes information or opinion about racial or ethnic origin, political opinions, political association, religious or philosophical beliefs, membership of a trade union or other professional body, sexual preferences, criminal record or health information. We will only collect your sensitive information with your consent or if it is necessary to prevent a serious and imminent threat to life or health or as required by law.

We collect personal information directly from you when you:

• interact with us over the phone;
• interact with us in person;
• visit or interact with our website/s, social media platforms or other online platforms;
• participate in surveys or questionnaires;
• attend an FEH event;
• subscribe to our mailing list;
• participate in our loyalty programs;
• apply for a position with us an employee, contractor or volunteer;
• visit our sites or premises;
• purchase any goods or services from us;
• supply goods or services to us; and
• other ways of interacting with us.

We may also collect your personal information from third parties or through publicly available sources, such as credit reporting agencies.

We use personal information for many purposes in connection with our functions and activities, including the following purposes:

• providing you with information, services or goods that you request from us;
• deliver to you a more personalised experience and service offering;
• improve the quality of the services we offer;
• internal administrative purposes;
• marketing and research purposes;
• assessing your suitability for a role with us or to provide us with your services or goods; and
• other purposes that align with our businesses.

We may disclose your personal information to third parties in accordance with this Policy in circumstances where you would reasonably expect us to disclose your information. For example, we may disclose your personal information to:

• our third party service providers, such as our IT providers;
• our marketing providers;
• our professional services advisors.

Some of our third party service providers may be based in or have servers located outside of Australia, including in Hong Kong or Singapore.

We may also disclose your personal information to recipients overseas, such as our stakeholders in Singapore and Japan or our credit insurance underwriters located overseas.

Where we disclose your personal information to third parties or our stakeholders overseas, we will take reasonable steps to ensure that data security and appropriate privacy practices are maintained. We will only disclose to overseas third parties if:

• you have given us your consent to disclose personal information to that third party;
• we reasonably believe that:
  • the overseas recipient is subject to a law or binding scheme that is, overall, substantially similar to the Privacy Laws; and
  • the law or binding scheme can be enforced; or
• the disclosure is required or authorised by an Australian law or court / tribunal order.

We will take reasonable steps to ensure that the personal information that we hold about persons is kept confidential and secure, including by:

• having a robust physical security of our premises and databases / records;
• taking measures to restrict access to only personnel who need that personal information to effectively provide services to you;
• having technological measures in place (for example, anti-virus software, fire walls); and
• any other actions that may consider necessary to protect personal information.

We will not keep personal information for longer than we need to. In most cases, this means that we will only retain your personal information for the duration of your relationship with us unless we are required to retain your personal information to comply with applicable laws, for example record-keeping obligations.

We will endeavour to keep personal information accurate, complete and up to date.

If you wish to make a request to access and / or correct the personal information we hold about you, you should make a request by contacting us.

When we receive your request, we will:

• forward your request to the Privacy Officer; and
• respond to your request within 7 days.

You may withdraw your consent to use your personal information by contacting our Customer Service Centre on 1300 667 202 or visiting our website/s at www.freedomfuels.com.au/enquiry or www.trinitpet.com.au/enquiry.

You may also unsubscribe or opt-out of any of our internet based, social media platforms or loyalty programs.

For complaints about how FEH handles, processes or manages your personal information, please contact us at privacy@freedomfuels.com.au.

If you are not satisfied with our response to your complaint, you have the right to contact the Office of Australian Information Commissioner (at www.oaic.gov.au/) to lodge a complaint.

13.1   Cookies

FEH’s websites uses cookies.

A cookie is a small file of letters and numbers the website puts on your device if you allow it. These cookies recognise when your device has visited our website/s before, so we can distinguish you from other users of the website. This improves your experience and FEH’s websites.

We do not use cookies to identify you, just to improve your experience on our websites. If you do not wish to use the cookies, you can amend the settings on your internet browser so it will not automatically download cookies. However, if you remove or block cookies on your computer, please be aware that your browsing experience and our website’s functionality may be affected.

13.2   Website analytics

Our websites uses analytics services to help us better understand visitor traffic, so we can improve our services. Although this data is mostly anonymous, it is possible that under certain circumstances, we may connect it to you.

13.3   Direct marketing

We may send you direct marketing communications and information about our services, goods, opportunities or events that we consider may be of interest to you if you have requested or consented to receive such communications. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing laws, such as the Australian Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

You may opt-out of receiving marketing communications from us at any time by following the instructions to “unsubscribe’ set out in the relevant communication or contacting us using the details set out in the “How to contact us” section below.

In addition, we may also use your personal information or disclose your personal information to third parties for the purposes of advertising, including online behavioural advertising, website personalisation, and to provide targeted or retargeted advertising content to you (including through third party websites).

If you have a question or concern in relation to our handling of personal information or this Policy, you can contact us as follows:

Email                                  privacy@freedomfuels.com.au
Contact number               07 3268 5077
Address                             Unit 5, 16 Theodore Street
                                           Eagle Farm Qld 4009
                                           Australia

This Policy will be reviewed every 2 years and may be updated from time to time if necessary.

• Nil

• Privacy Act 1988 (Cth)
• Privacy Amendment (Enhancing Privacy Protections) Act 2012 (Cth)

Freedom Energy Holdings Pty Ltd and its related bodies corporate (FEH / the Company) are committed to managing personal information in an open, transparent and secure manner.

This Employee Privacy Policy explains how we collect, use, store, disclose and otherwise manage personal information relating to employees, contractors, candidates and prospective employees. It aligns with Australian privacy law and reflects contemporary terminology, governance expectations and the use of external service providers in recruitment and employment processes.

This Policy should be read in conjunction with the Company Privacy Policy, Code of Conduct, Recruitment Policy and other relevant People policies.

This Policy applies to:

• prospective employees and job applicants;
• employees (permanent, fixed‑term and casual);
• contractors, secondees and labour hire workers where applicable; and
• former employees where personal information is retained.
  This Policy does not apply to customer, supplier or other third‑party information, which is covered by the Company Privacy Policy.

The Company is bound by the Privacy Act 1988 (Cth), including:

• the Australian Privacy Principles (APPs); and
• the Notifiable Data Breaches (NDB) scheme.

Under the Privacy Act, certain employee records are exempt from the APPs where the collection, use or disclosure is directly related to a current or former employment relationship. Notwithstanding this exemption, the Company applies privacy‑respecting practices to employee information as a matter of good governance and risk management.

4.1 Prospective Employees and Job Applicants

We collect personal information that is reasonably necessary to assess an individual’s suitability for employment, including:

• contact details and identification information;
• resumes, employment history, education and professional qualifications;
• interview notes, assessments and selection outcomes;
• reference information;
• right‑to‑work, citizenship or visa status information; and
• background, regulatory or screening outcomes where permitted by law.

Candidates will be provided with a collection notice at or before the time their personal information is collected. Failure to provide requested information may affect our ability to progress an application. Providing false or misleading information may result in an application being declined or employment being terminated.

4.2 Employees and Contractors

During the course of employment or engagement, we may collect personal information necessary to:

• administer pay, superannuation, benefits and leave;
• manage performance, learning and development;
• support health, safety and wellbeing obligations;
• comply with employment, taxation, superannuation and WHS laws;
• manage workplace investigations, grievances or misconduct matters; and
• manage workforce planning, security and business operations

The Company may engage external service providers to assist with recruitment, employment administration and screening processes, including:

• recruitment agencies and talent platforms;
• psychometric, aptitude, skills or behavioural assessment providers;
• reference‑checking services;
• identity verification and right‑to‑work checking providers; and
• criminal history, regulatory and background screening providers where lawful.

Where external service providers collect or process personal information on our behalf, the Company takes reasonable steps to ensure those providers:

• comply with applicable privacy and data protection laws;
• handle information securely; and
• use personal information only for authorised and agreed purposes.

By applying for a role, candidates consent to the Company:

• contacting nominated referees; and
• collecting opinions and information from referees for recruitment and selection purposes.

Reference checks are generally undertaken prior to an offer of employment unless otherwise advised.

Personal information of unsuccessful candidates will generally be destroyed or de‑identified following completion of the recruitment process, unless:

• the candidate consents to their information being retained for future opportunities; or
• retention is required or authorised by law.

Personal information is used and disclosed for purposes related to recruitment, employment or engagement, including to:

• internal People, Payroll, Finance, WHS and IT teams;
• managers and People Leaders with a legitimate business need;
• external service providers who support employment‑related functions;
• regulators, government agencies or law enforcement where required or authorised by law; and
• professional advisers such as legal, accounting or insurance providers.

We do not sell employee personal information.

We take reasonable steps to protect personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure. Measures may include access controls, secure systems, policies, training and contractual obligations on service providers.

Personal information is retained only for as long as necessary for lawful and legitimate purposes, after which it is securely destroyed or de‑identified.

Individuals may request access to, or correction of, personal information held by the Company subject to any legal limitations or exemptions. Requests should be made to the People Team or Privacy Officer. We will respond within a reasonable timeframe.

If a suspected or actual data breach occurs, it must be reported immediately in accordance with the Company’s Privacy Policy and incident reporting procedures. The Company will assess the breach and, where required, notify affected individuals and the Office of the Australian Information Commissioner under the Notifiable Data Breaches scheme.

12.1 Workers

All workers must:

• handle personal information responsibly and confidentially;
• comply with privacy‑related policies and procedures; and
• report suspected privacy incidents or breaches promptly.

12.2 People Leaders / Manager and People Team (HR)

People Leaders and the People Team are responsible for:

• ensuring appropriate handling of employee personal information;
• limiting access to personal information on a need‑to‑know basis;
• supporting compliance with privacy obligations; and
• escalating privacy risks or incidents.

12.3 Privacy Officer

The Privacy Officer is responsible for:

• overseeing compliance with privacy obligations;
• managing privacy complaints and data breaches; and
• liaising with regulators where required.

• POL.LEG.Privacy Policy
• POL.HUM.Code of Conduct
• POL.HUM.Recruitment Policy
• POL.LEG.Whistleblower Policy
• POL.EHS.Incident Reporting and Investigation

This Policy is informed by, and should be read in accordance with, the following legislation and regulatory guidance (as amended from time to time):

• Privacy Act 1988 (Cth)
• Australian Privacy Principles (APPs)
• Notifiable Data Breaches (NDB) scheme
• Fair Work Act 2009 (Cth) (employee records exemption)
• Corporations Act 2001 (Cth) (record‑keeping and governance obligations)
• Guidance published by the Office of the Australian Information Commissioner (OAIC), including:
  • Australian Privacy Principles Guidelines
  • Notifiable Data Breaches Scheme Guidance

Where State or Territory laws impose additional privacy, health or record‑keeping obligations, the Company will comply with those requirements as applicable.

1.1. The meaning of the terms used in these Terms are set out below:

1.2. In these Terms, unless the context otherwise requires, references to:

2.1. The Seller agrees to sell the Product to the Buyer and the Buyer agrees to buy the Product from the Seller on these Terms.

2.2. The Agreement is formed when the Buyer places an Order for Product and the Seller accepts the Order.

2.3. In the event of any conflict or inconsistency between these Terms, any other agreement or contract between the Seller and the Buyer and the Invoice, the order of precedence is:

3.1. The Seller may provide a Quote to the Buyer.

3.2. A Quote:

3.3. It is the responsibility of the Buyer to satisfy itself with the Specifications and the Buyer understands, acknowledges and accepts the Specifications.

3.4. If Part 2 of the Oilcode applies to these Terms and the Agreement, the Buyer acknowledges it was given the option, prior to entering into these Terms or the Agreement, of purchasing the Products at a price determined under subsection 7(3) of Oilcode.

3.5. The Buyer may provide a Forecast to the Seller and the Buyer acknowledges and agrees that the Seller will rely on the Forecast for the purpose of planning and arranging its resources to be able to meet the requirements of the Forecast.

3.6. The Buyer may place an Order.

3.7. The Buyer will ensure that the Order meets the minimum order quantity, order requirements, freight or shipping quantity and freight or shipping requirements notified by the Seller.

3.8. The Seller may accept or reject the Order by notifying the Buyer in writing as soon as reasonably practicable after receiving the Order.

3.9. An Order is not binding on the Seller until the Order is accepted by the Seller.

3.10. The Seller will issue an Invoice to the Buyer for the Order.

3.11. The Seller may require the Buyer to pay a Deposit upon acceptance of the Order before the Product/s are packed and are ready for Delivery.

3.12. The Buyer will pay to the Seller the Price in accordance with the Payment Terms.

3.13. If the Buyer fails to pay the Seller the Price in accordance with the Payment Terms, the Buyer will be in default of these Terms and the Agreement.

3.14. The Buyer will ensure it does not exceed the Credit Limit.

3.15. The Seller may, at any time, vary the Payment Terms or vary, suspend, terminate or withdraw the Credit Limit by written notice to the Buyer with immediate effect, where:

3.16. The Buyer acknowledges that if the Seller varies, suspends, terminates or withdraws the Credit Limit, the Agreement is not varied, suspended or terminated and the Buyer will comply with its obligations under this Agreement and will be liable for all Price which exceeds the Credit Limit.

3.17. The Buyer will provide financial information and documents requested by the Seller for the purpose of the Seller establishing, maintaining or varying the Credit Limit and the Seller’s trade credit insurance.

3.18. If the total amount of all Invoices issued to the Buyer but not paid under this Agreement to the Seller at any time exceeds the Credit Limit, or if Delivery of Product to the Buyer would result in the Credit Limit being exceeded, the Seller may:

3.19. If the Buyer disputes an Invoice, wholly or in part, the Buyer shall give notice to the Seller within 3 Business Days of the date of the Invoice.

3.20. If the Buyer does not give notice pursuant to clause 3.19, the Buyer is deemed to have accepted the Invoice as correct.

3.21. The Buyer agrees to pay the Invoice in full in accordance with the Payment Terms without offset, discount or other deduction.

4.1. The Buyer acknowledges that there is a Leadtime.

4.2. Upon the Seller accepting the Order pursuant to clause 3.8, the Seller will:

4.3. Any Delivery Date and Delivery Time provided by the Seller are an estimate only.

4.4. The Seller will notify the Buyer as soon as reasonably practicable of any changes to the Delivery Date or Delivery Time.

4.5. The Seller may suspend or delay Delivery or further Delivery, in its absolute discretion,:

4.6. While the Seller will use its best and reasonable commercial endeavours to effect and achieve Delivery by the Delivery Date and/or Delivery Time or a Delivery Date and/or Delivery Time requested by the Buyer,:

4.7. If the Buyer requires the Delivery Date or Delivery Time to be extended to a later date or time:

4.8. If the Seller does not approve the Extension Request pursuant to clause 4.7.2:

4.9. The Seller reserves the right to deliver the Product in an Order by instalments.

4.10. If the Seller delivers the Product in an Order by instalments, the Buyer shall not be entitled to:

4.11. The quantity or volume of the Product delivered to the Buyer will be measured at ambient temperature, unless other advised in writing by the Seller.

4.12. If the Buyer does not take or accept Delivery or does not provide the Seller with proper instructions for Delivery, the Buyer is to pay all reasonable costs incurred by the Seller as a result of the Buyer not taking or accepting Delivery, such as, but not limited to, freight, storage, insurance and other costs.

4.13. The Seller may provide a delivery docket or bill of lading at the time of Delivery.

4.14. The Buyer must sign the delivery docket or bill of lading if requested by the Seller.

4.15. The delivery docket or bill of lading shall be conclusive evidence of Delivery being effected, whether signed or unsigned by the Buyer.

5.1. The Buyer will:

6.1. Risk in the Product:

6.2. For the purpose of this clause,:

6.3. Title in the Product passes from the Seller to the Buyer upon the later of:

6.4. If Delivery occurs before title in the Product passes to the Buyer:

7.1. The Seller will supply Product in the quantity and quality set out in the Order or Invoice and that conforms with the Specifications.

7.2. Upon Delivery, the Buyer will carry out an Inspection of the Product within the Inspection Period. The Buyer must act reasonably in the Inspection.

7.3. If, as a result of the Inspection, the Buyer considers that the Product is Non Conforming Product, the Buyer must:

7.4. If the Buyer issues a Non Conformance Notice:

7.5. If, following the Inspection, the Seller or the independent party declares that the Product is Non Conforming Product:

7.6. Despite clauses 7.3, 7.4 and 7.5, the Buyer will pay the Price in accordance with the Payment Terms without offset, discount or other deduction, except where both Parties agree otherwise.

7.7. If the Buyer does not issue a Non Conformance Notice within the Inspection Period, it is deemed:

8.1. If the supply of the Product is a taxable supply pursuant to the GST Act or any other value added taxation Law or regulation, duties, charges or other fees applies to the supply of the Product, the Buyer will be responsible for paying GST and other value added taxation, duties, charges or other fees that may apply in addition to the Price to the Seller.

9.1. In this clause, all words or expressions that are defined in the PPSA have the same meaning as given to them in the PPSA.

9.2. The Buyer will:

9.3. The Buyer acknowledges and agrees that these Terms and the Agreement constitute a security agreement for the purposes of the PPSA and creates a security interest in all Product and all sale proceeds received by the Buyer for all Product, that have previously been supplied and that will be supplied in the future by the Seller to the Buyer to secure all amounts owed by the Buyer to the Seller.

9.4. The Buyer will, and undertakes to,:

9.5. The Buyer waives their right to receive notices under the PPSA.

9.6. The Buyer consents and appoints the Seller to be an interested person and authorised representative for the purposes of the PPSA.

9.7. The Parties agree that, for the purposes of sections 115(1) and 115(7) of the PPSA and to the extent permitted by Law,:

9.8. The Buyer must unconditionally ratify any actions taken by the Seller under this clause 9.

9.9. Subject to any express provisions to the contrary nothing in these Terms and the Agreement is intended to have the effect of contracting out of any of the provisions of the PPSA.

10.1. The Seller or the Buyer must notify the other Party as soon as reasonably practicable in writing after becoming aware of any need for a Product Recall.

10.2. A Product Recall is not be initiated at any time without the Seller’s approval.

10.3. If a Product Recall is required:

10.4. If, after the investigation of the cause of the Product Recall, the Seller reasonably determines that the Product Recall was caused by the Buyer or any of its agents, the Buyer shall reimburse the Seller for reasonable costs and expenses relating to the replacement, retrieval, segregation, storage, transportation, destruction and/or disposal of affected Product, together with all insurance, legal and other professional costs of the Product Recall.

11.1. The Buyer acknowledges and agrees that the Seller owns or is licensed to use the Trade Marks and Intellectual Property.

11.2. The Buyer is not permitted to use the Trade Marks and Intellectual Property unless the Seller provides prior written consent and the Buyer uses the Trade Marks and Intellectual Property for the purposes of distributing, selling or consuming the Product/s in accordance with:

11.3. The Buyer:

11.4. The Buyer acknowledges and agrees that any variation, modification, derivation or improvement made to the Trade Marks and Intellectual Property, whether attributable in whole or in part to the Buyer, will become and remain the property of the Seller, and the Buyer assigns to the Seller any intellectual property rights in the variation, modification, derivation or improvement made to Trade Marks and Intellectual Property.

12.1. The Confidential Information must be held confidential by the Parties.

12.2. The Parties must not use any or all of the Confidential Information for any purpose other than to give effect to this Agreement.

12.3. The Parties must not disclose the Confidential Information or grant or permit access to the Confidential Information, to any person without the prior written consent of the other Party (which will not be unreasonably withheld), except for disclosure to:

12.4. A Party will be liable for any breach of this clause by its employees, agents or contractors.

12.5. The obligations of this clause survive the expiry or termination of the Agreement.

13.1. If a dispute or difference arises between the Parties and a Party requires it to be resolved, that Party must give the other relevant Party written notice identifying, and giving details of, the dispute or difference (Dispute).

13.2. Within 5 Business Days of a Party receiving the notice referred to in clause 13.1, the Managing Directors or appointed senior executives of each Party must meet and in good faith attempt to resolve the dispute or difference.

13.3. If the Parties cannot resolve the Dispute within 15 Business Days of the notice referred to in clause 13.1, either Party may require, by written notice, the Dispute to be referred to mediation (Mediation).

13.4. The mediator to be appointed must be agreed by the Parties within 5 Business Days of the written notice required in clause 13.3, but failing agreement, appointed by:

13.5. Mediation must occur within 10 Business Days of selection or nomination of a mediator, on such procedural terms as agreed or, failing agreement, as stipulated by the mediator.

13.6. The costs of Mediation must be shared equally by the Parties, other than their own costs of them and their advisers considering and attending.

13.7. Unless a Party has complied with clauses 13.1 to 13.6, that Party may not commence court proceedings or arbitration relating to a Dispute except where that Party seeks urgent interlocutory relief in which case that Party need not comply with this clause before seeking relief.

13.8. Despite the Dispute, the Parties will continue to perform their obligations under these Terms and the Agreement unless otherwise agreed in writing.

14.1. If an Event of Default occurs, the non-defaulting Party may terminate the Agreement immediately by giving written notice to the defaulting Party.

14.2. In addition to clause 14.1, if an Event of Default occurs and unless and until the Event of Default is remedied, the Seller may, in its discretion, immediately:

15.1. The Seller warrants that:

15.2. The Buyer warrants that:

15.3. The Parties agree that the provisions of these Terms and the Agreement and these Terms apply to the maximum effect permitted by the Australian Consumer Law and if there is any inconsistency between the provisions of these Terms, the Agreement and the
Australian Consumer Law, the provisions of the Australian Consumer Law apply to the extent of the inconsistency and to enable these Terms and the Agreement to comply with the Australian Consumer Law.

16.1. To the full extent permitted by Law, the Buyer is liable for and indemnifies the Seller, including the Seller’s directors, officers, agents, employees and successors and assigns, for any loss, claim, expense and damage, whether incurred by or awarded against the Seller, that the Seller sustains or incurs, arising out of or in connection with these Terms or the Agreement including, but not limited to:

16.2. To the full extent permitted by Law, the Seller is liable for and indemnifies the Buyer, including the Buyer’s directors, officers, agents, employees and successors and assigns, for any loss, claim, expense and damage, whether incurred by or awarded against the Buyer, that the Buyer sustains or incurs, arising out of or in connection with this Agreement including, but not limited to:

16.3. Except as expressly set out in these Terms or the Agreement and except for liability under any Prescribed Terms, to the full extent permitted by Law, all conditions, warranties, guarantees, terms and obligations expressed or implied by Law, common law or otherwise relating to these Terms or the Agreement or to the performance of the obligations by the Seller under these Terms, the Agreement or to the Product are excluded.

16.4. The Seller is not liable to the Buyer or to any other person for any indirect, punitive, exemplary, incidental, special or consequential loss or damage suffered by the Buyer arising out of or in connection with these Terms, the Agreement, Quote, Order or Product, including but not limited to loss of profits or anticipated profits, economic loss, claims of customers, costs of money, loss of use of capital or revenue, loss of business opportunity, loss of data or loss or damage resulting from wasted management time irrespective of whether:

16.5. To the extent permitted by Law, the Seller limits its liability and indemnity to the Buyer in respect of any actions brought by a consumer of the Product in respect of loss or damage as a result of a breach of a condition or warranty implied by Law into a contract for the supply of the Product to, including a breach of any implied warranty or the Prescribed Terms,:

16.6. Despite clauses 16.2, 16.3, 16.4 and 16.5, and to the extent permitted by Law, if the Seller is liable to the Buyer for any reason, the Parties agree that the liability of the Seller, howsoever arising, that in anyway relates to or in connection with these Terms or the Agreement, whether under the Law of contract, tort, the Australian Consumer Law or otherwise, including all costs and expenses, shall be limited to the value of the Product supplied to the Buyer for the month that the event that gave rise to the liability.

16.7. The Seller shall be under no liability to the Buyer arising out of or in connection with:

17.1. The Buyer cannot assign, novate or sell its rights and obligations under these Terms or the Agreement to any other person, entity or organisation unless the Seller consents in writing, which consent must not be unreasonably withheld.
17.2. The Seller may assign or novate its rights and obligations under these Terms or the Agreement to any of its Associated Entities.

18.1. If a Party is wholly or partially unable to perform its obligations under these Terms or the Agreement directly or indirectly as a result of a Force Majeure Event, including but not limited to any delay in the Delivery Date, then:

18.2. The Seller is not responsible for any delay in the Delivery Date that may occur as a result of a Force Majeure Event.

18.3. If the performance of an obligation is delayed as a result of the Force Majeure Event beyond 60 days, either Party may terminate this Agreement immediately by giving notice to the other Party.

18.4. This clause does not apply to any obligation to pay money.

19.1. The Parties agree to comply with all Law, regulations and policies relating to anti-bribery and anti-corruption to which either Party is subject to.

20.1. The Parties acknowledge that the Data Protection Laws governs the processing of Personal Data.

20.2. The Parties shall take all measures to ensure that the conduct and operation of its business is in compliance with Data Protection Laws.

20.3. The Seller will collect and deal with all Personal Data in accordance with the Privacy Policy.

20.4. The Buyer:

21.1. The Parties agree, warrant and undertake that they shall:

22.1. A notice or communication to a Party given under or in connection with this Agreement, must be in writing and delivered by prepaid post, by hand or email to the Party’s address shown in the Agreement or other address notified to the other Party.

22.2. A notice will be taken to be given:

however, if the notice is received after 5:00m on a business day or a non-business day, the notice will be deemed to be given on the opening of business on the next business day.

23.1. These Terms and the Agreement are made in the State of Queensland, Australia.

23.2. These Terms and the Agreement are governed by and are to be construed in accordance with the Law in force in Queensland, Australia.

23.3. The Parties submit to the jurisdiction of the courts of Queensland, Australia.

24.1. These Terms and the Agreement represents the entire agreement between the Parties and supersedes all prior representations, agreements, warranties, statements and understandings between the Parties.

25.1. The Seller may vary these Terms at any time and any variation shall be effective from the date of the variation and may be published on the Seller’s websites.

26.1. The failure of a Party to enforce a provision or the granting of any time or indulgence will not be construed as a waiver of the provision nor of a waiver of the right of the Party at a later time to enforce the provision.

26.2. Any waiver must be in writing and signed by the Party to be bound.

27.1. If any part of these Terms or the Agreement is invalid or unenforceable, that part will (if possible) be read down to the extent necessary to avoid the invalidity or unenforceability, or alternatively will be deemed deleted and these Terms and the Agreement will remain otherwise in full force.

28.1. An obligation of two or more persons under these Terms or the Agreement binds them jointly and severally and every expressed or implied agreement or undertaking by which two or more persons derive any benefit in terms of these Terms and the Agreement will take effect for the benefit of those persons jointly and severally.

29.1. Each Party will sign and complete all further documents and do anything else that may be reasonably necessary to effect, perfect or complete the provisions of these Terms and the Agreement and the transactions to which it relates.

These terms and conditions govern the use and operation of your Business Account and any and all Cards issued, and are an addendum to your Business Account’s Terms and Conditions of Trade. Before using a Card or authorising the use of any Card you should read these terms and conditions carefully. If you do not understand any of these terms and conditions please speak to our staff by telephoning the number above. Please ensure you retain a copy of these terms and conditions for future reference. Should you prefer to not accept these terms and conditions you must immediately cut each Card in half and promptly return it to us and not use your Business Account in any way.

In these terms and conditions, the following definitions and rules of interpretation apply unless the context requires otherwise:

Account means the Business Account opened by us in your name;

Accountholder means the person in whose name the Account is maintained;

Additional Card means a Card issued at your request and at our discretion to a person other than you;

Application means the original, and any subsequent, application made by an applicant to open the Account;

Authorised Person means a person that has signed the Application form or an acknowledgment or guarantee in the same form in relation to the Account;

Balance means the total amount shown on the Statement to be due by you and includes a reference in the Statement to the “Amount Due”;

Business Day means a weekday that is not a public holiday or bank holiday in Brisbane;

Card means each “Freedom Fuels Fuel Card”, additional card, replacement card or other card as we may determine from time to time that is issued by us for use in relation to your Account (a card may or may not bear the name of the Cardholder and may be with or without a signature panel);

Cardholder means you and any person authorised by you from time to time to use a Card;

Expenditure Balance means, at any time, the total of all amounts that have been charged to your Account but which have not been paid;

Expenditure Limit means the amount notified by us to you from time to time in accordance with clause 8 as being the maximum allowable Expenditure Balance of the Account;

Nominated Vehicle means, in relation to a Card, the vehicle (if any) specified on that Card;

Notification Event means if:

• 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;
• 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 assignment for the benefit of your creditors or a class of them;
• 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 110 longer in force); or
• if 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;

Statement means a statement or tax invoice issued by us pursuant to clause 11;

we, our, us means Freedom Fuels Australia Ply Ltd ABN 49 093 244 761 and their respective successors and assigns; and

you and your means the Accountholder.

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.

If we accept your Application for a Business Account 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. It you are a corporation, you will ensure that each director (as that term is defined in the Corporations Act 2001) at any time is an Authorised Person. Upon opening the Account we will, at our discretion, issue the Cards you applied for. If you ask us to we will, at our discretion, issue Additional Cards from time to time. Any amount payable under these terms and conditions will be charged to your Account and recorded in a Statement.

The first use or attempted use of a Card, whether by a Cardholder or any other person, will be taken as your agreement to accept and comply with these terms and conditions. If there is more than one Accountholder, these terms and conditions will apply to each of you 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 several liable under these terms and conditions. You recognize and acknowledge that the Card is a charge card and not a credit card and is issued subject to the fees as set out in, or contemplated by, these terms and conditions and your Business Account’s Terms and Conditions of Trade.

A Card:

• may only be used by the Cardholder and, where there is a Nominated Vehicle, may only be used in respect of that Nominated Vehicle;
• may only be used to purchase goods or services from us as specified on the Card and within any limitations or markings designated on the Card (i.e. listed vehicle registration only);
• may not be used outside the validity period shown on it; and
• may not be used if it or the Account has been cancelled or suspended, the Card has been cancelled or the Account has been closed pursuant to these terms and conditions.

Neither the Card nor the Account may be used for an unlawful purpose. You must not allow anyone other than a Cardholder to use the Card or the Account. A Cardholder must not use the Card 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 shall not be liable to you, a Cardholder or anyone else for loss or damage resulting from such refusal.

Each Card remains our property and must not be altered or defaced. A Card is not transferable. If, for any reason, we cancel a Card or ask you to return a Card you must immediately cut the Card in half and promptly return ii to us. If you no longer need a Card or a Cardholder leaves
your employment or ceases to be authorised to use a Card, you must immediately cut the Card in half and promptly return it to us. If any Card is not cut in half and returned to us as required by these terms and conditions you are liable for, and must indemnify us on demand in respect of, any subsequent use of the Card by any person.

You are responsible for keeping all Cards safe and for ensuring they are used only in accordance with these terms and conditions and only for authorised transactions. You must use your best endeavors to secure the return to us of any Card that has been lost or stolen.