MFA TERMS AND CONDITIONS

MFA Motorway Holdings Pty Ltd (trading as eFleetPass) ABN 87 639 253 857 of Level 1, 5 George Street North Strathfield NSW 2137 (MFA), through Rental Co as MFA's agent, offers the eFleetPass Service to You on these MFA Terms and Conditions which comprise:

• the MFA eFleetPass Service Terms and Conditions; and
• the MFA Privacy Consent and Agreement.

 

MFA EFLEETPASS SERVICE TERMS AND CONDITIONS

1. Your eFleetPass Service
1. Your eFleetPass Service is provided by MFA to You to enable You to pay Tolls, Fees and Infringements relating to the eFleetPass System in accordance with these MFA Terms and Conditions.
2. In order to use Your eFleetPass Service, You or Your Authorised Driver must travel in an Electronic Tolling Lane.
3. You remain responsible at all times for the acts and omissions of any Authorised Driver, any other person using the Vehicle or any Authorised Representative using or operating Your eFleetPass Service, including for any Tolls, Fees and Infringements they incur.
4. A Tag may be installed in Your Vehicle as part of the eFleetPass Service. The Tag is the care and control of MFA with the authority of its owner. You may, however, elect to use or otherwise source your own Tag. This Tag will be at Your own expense and is essential regardless of whether you wish to use Toll roads. If You do use another tag or electronic or video tolling product, You will still be charged Tolls and Fees by MFA under these MFA Terms and Conditions and You may be charged other amounts by the provider of the other tag or electronic or video tolling product used.
2. Payments, fees and charges in connection with Your eFleetPass Service
1. You must pay the following amounts to MFA in connection with the use of Your eFleetPass Service:
   1. all Tolls (it is Your responsibility to be aware of all Tolls payable in connection with the use of a toll road);
   2. the Service Fee for each calendar day on which the Vehicle incurs a Toll using Your eFleetPass Service;
   3. a Processing Fee in the circumstances described in clause 5(b);
   4. a Dishonour Fee in the circumstances described in clause 3(c);
   5. a Credit Card Surcharge where applicable, which is no greater than the merchants’ fee;
   6. an Administration Fee for each toll invoice incurred by the customer after a period of non-payment. This figure may increase further with continued non-payment;
   7. any Carbon Offset Levy that may be passed through by MFA once imposed by way of new legislation;
   8. a GPS Tracking Levy charged if the vehicle is fitted with a global positioning systems (GPS) in recognition that this will help avoid charges not applicable to You as a driver with evidence of trip travelled; and
   9. any other costs reasonably incurred by MFA in enforcing its rights under these MFA Terms and Conditions, including any fees or charges imposed by a third party on MFA where You have refused or failed to pay any amount under these MFA Terms and Conditions.
2. You acknowledge that if You fail to pay any Tolls, Fees or Infringements as required by these MFA Terms and Conditions, MFA may refer that failure to a Credit Reporting Agency.
3. From time-to-time it may be necessary for Rental Co to charge You for Tolls, Fees and Infringements instead of MFA. You agree that in this instance, Rental Co can charge You in accordance with item 2(a)(i) in addition to an administration fee as listed in the Fees and Charges Schedule.
3. Payment methods and authority

Payment by Nominated Card

1. You:
   1. promise to MFA that You are authorised to use the Nominated Card to meet Your payment obligations under these MFA Terms and Conditions; and
   2. authorise MFA to debit amounts from, or credit funds to, the Nominated Card in respect of Tolls and Fees and other amounts payable to, or from, MFA under these MFA Terms and Conditions.
2. MFA will debit Tolls, Fees and Infringements from the Nominated Card as soon as practicable (or as otherwise specifically agreed with you) after the relevant Tolls and Fees are incurred or, where applicable, notified to MFA by a toll road operator.
3. If:
   1. there are insufficient funds available in the Nominated Card to meet Your payment obligations under these MFA Terms and Conditions; or
   2. a transaction on the Nominated Card is declined for any reason, save for:
      1. the negligence of, or wilful misconduct by, MFA or any of its officers, employees or agents; or
      2. an MFA systems error,

You will be charged a Dishonour Fee by MFA and You (or, if relevant, the Nominated Card Holder) may be charged fees, charges and interest by

Your financial institution or, if relevant, the financial institution of the Nominated Card Holder.

4. You must ensure that You immediately provide MFA with details for an alternative Nominated Card, which can be used to meet Your obligations under these MFA Terms and Conditions, and an authority for MFA to debit the alternative Nominated Card, if:
   1. the existing Nominated Card is cancelled, suspended or is otherwise not useable; or
   2. the existing Nominated Card Holder cancels Your authorisation to use the existing Nominated Card.

Payment by Drive Now Pay Later

5. If You select and MFA agrees to the Drive Now Pay Later (DNPL) option, the Tolls and Fees that become owing after the date of selection will be split into eight equal monthly payments (unless altered by You for a particular month through the eFleetPass System, in which case the remaining Tolls and Fees will be calculated on a pro rata basis for the remaining months) and charged to Your Nominated Card on the first day of each month, commencing on the first day of the month directly after Drive Now Pay Later is selected.
6. You:
   1. promise to MFA that You are authorised to use the Nominated Card to meet Your payment obligations under these MFA Terms and Conditions; and
   2. authorise MFA to debit amounts from, or credit funds to, the Nominated Card in respect of Tolls and Fees and other amounts payable to, or from, MFA under these MFA Terms and Conditions.
7. MFA will debit Tolls and Fees from the Nominated Card on the dates specified in clause (e).
8. If:
   1. there are insufficient funds available in the Nominated Card to meet Your payment obligations under these MFA Terms and Conditions; or
   2. a transaction on the Nominated Card is declined for any reason, save for:
      1. the negligence of, or wilful misconduct by, MFA or any of its officers, employees or agents; or
      2. an MFA systems error,

You will be charged a Dishonour Fee by MFA and You (or, if relevant, the Nominated Card Holder) may be charged fees, charges and interest by Your financial institution or, if relevant, the financial institution of the Nominated Card Holder. 

9. You must ensure that You immediately provide MFA with details for an alternative Nominated Card, which can be used to meet Your obligations under these MFA Terms and Conditions, and an authority for MFA to debit the alternative Nominated Card, if:
   1. the existing Nominated Card is cancelled, suspended or is otherwise not useable; or
   2. the existing Nominated Card Holder cancels Your authorisation to use the existing Nominated Card.

Payment by MFA Corporate Account Holder

10. If You are using a Rental Co Corporate Account to pay for the rental of the Vehicle, or have otherwise nominated a Rental Co Corporate Account for the payment of Tolls and Fees:
    1. You promise to MFA that You are authorised to incur Tolls and Fees and to have those Tolls and Fees debited to the MFA Corporate Account; and
    2. MFA will issue Your MFA Corporate Account Holder with a monthly invoice recording all Tolls and Fees incurred or, where applicable, notified to MFA by a toll road operator.

You must immediately provide MFA with updated or alternate payment method details if the MFA Corporate Account is cancelled or altered or if You are no longer authorised to incur Tolls and Fees on that MFA Corporate Account.

Failure to pay Tolls and Fees

11. If You fail to pay any Tolls or Fees incurred under these MFA Terms and Conditions within 30 days of payment becoming due, MFA may, by providing notice to You, do one or more of the following (in MFA’s absolute discretion) with immediate effect:
    1. suspend these MFA Terms and Conditions and the services provided under them until payment is made by You in full; or
    2. terminate these MFA Terms and Conditions,

and MFA may notify the Rental Co of any such action by MFA.

4. Errors in charging Tolls, Fees and Infringements
1. If MFA incorrectly credits You with, or pays to You, an amount in connection with Your eFleetPass Service MFA may recover that amount from You provided that MFA has given You 10 days prior written notice of its intention to do so.
2. MFA will pay, within a reasonable time, any refund due to You in connection with Your eFleetPass Service by such method as MFA may reasonably choose.
5. eFleetPass Service Transaction Summary
1. You may view a Transaction Summary without charge at any time by logging on to efleetpass.com.au
2. If You request that MFA provides a Transaction Summary to You, You will be charged the applicable Processing Fee for the method of delivery elected by You (if that method is stated to be available).
6. Lost, stolen or malfunctioning Tags
1. You must immediately inform Rental Co if either of the following occur:
   1. the Tag is lost or stolen or You become aware that the Tag malfunctions or is in any way defective; or
   2. the Vehicle is lost or stolen.
2. If You inform Rental Co that the Tag is malfunctioning or is in any way defective, your eFleetPass Service will still enable You to use the eFleetPass System and to pay Tolls and Fees in accordance with these MFA Terms and Conditions and You will continue to be liable for Tolls and Fees.
3. If the Tag or the Vehicle is lost or stolen and You have immediately informed Rental Co, You will not be liable for Tolls and Fees incurred by that Tag or Vehicle from the time that You have informed Rental Co.
7. Right to Suspend use of the eFleetPass Solution
1. If You fail to pay the Tolls and Fees due to MFA under these MFA Terms and Conditions more than once after they are due for payment then MFA may, at its election, suspend the use of the MFA eFleetPass Solution for any particular Authorised Driver related to that non-payment and/or the whole Rental Co Corporate Account.
8. GST
1. Unless otherwise indicated, all Tolls and Fees are inclusive of GST.
2. If GST is stated as not to be inclusive, You are liable for any GST payable.
9. General
1. New South Wales laws govern these MFA Terms and Conditions.
2. Unless agreed otherwise, if You, an Authorised Driver or Authorised Representative need to notify MFA of any matters or make a request in relation to Your eFleetPass Service, it must be made in writing by mail, email or facsimile.
10. Definitions

In these MFA Terms and Conditions, except where the context otherwise requires:

“Administration Fee” means $2.20 per toll invoice incurred after 14 days of non-payment, or $25 per toll invoice incurred after 30 days of non-payment (including a legislated fine of $180, where applicable).

"Authorised Driver" means each "Authorised Driver" specified in Your Rental Agreement.

"Authorised Representative" means an individual who is 18 years or older and who is authorised by You to use and access Your eFleetPass Service.

“Carbon Offset Levy” means a fee of $[0.25].

“Credit Reporting Agency" means a corporation that carries on a credit reporting business.

"Dishonour Fee" means a fee of $1.15.

“Drive Now Pay Later” or “BNPL” means the drive now pay later method of payment which may be selected by You through the eFleetPass System for the payment of specific Tolls and Fees;

 “Electronic Tolling Lane” means a Tolling Lane which is designated as permitting the payment of Tolls by electronic means.

“eFleetPass Service" means the facility described in clause 1(a).

"eFleetPass System" means the entire system relating to electronic tolling operated by MFA, any operator of a toll road or any Tag Issuer or Pass Issuer.

"Fees" means each of the fees and costs (and any taxes applicable to them) described in clauses 2(a)(ii) - 2(a)(v) inclusive of these MFA Terms and Conditions.

“GPS Tracking Levy” means a fee of $0.50 per Toll transaction

"GST" has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

"MFA Corporate Account" means a charge account established by a person with MFA for the payment of Tolls and Fees.

"MFA Corporate Account Holder" means the person with whom the MFA Corporate Account has been established.

"MFA Terms and Conditions" means these MFA Terms and Conditions which comprise the "MFA eFleetPass Service Terms and Conditions" and the "MFA Privacy Consent and Agreement".

"Nominated Card" means a valid credit card or MasterCard or Visa branded debit card nominated by You as the source of payment for all Tolls and Fees.

"Nominated Card Holder" means a person other than You who holds a Nominated Card.

"Pass Issuer" means a toll road operator that uses the eFleetPass System and issues, or an entity that does not operate a toll road but issues, passes or other electronic or video tolling products for the purpose of the eFleetPass System.

"Processing Fee" means in relation to a Transaction Summary delivered:

(a) by mail, a fee of $5.00; or (b) by email, a fee of $2.20.

"Rental Agreement" means the agreement entered into between You and Rental Co comprising the documents titled "Rental Agreement" and any other document given to You by Rental Co at Vehicle pick-up.

"Rental Co" means MFA Motorways Holdings PTY LTD.

"Rental Co Corporate Account" means a charge account established by a MFA Corporate Account Holder with Rental Co for the payment of the rental of the Vehicle.

"Service Fee" means a fee of $3.3.

"Tag" means the MFA device installed in the Vehicle to enable the payment of Tolls by electronic means.

"Tag Issuer" means a toll road operator who uses the eFleetPass System and issues tags, or an entity that does not operate a toll road but issues tags for the purpose of the eFleetPass System.

"Toll" means all toll charges or other fees and charges imposed by the operator of a toll road for, or taxes payable in respect of, each Trip taken by the Vehicle during the period in which You have hired the Vehicle.

"Tolling Lane" means a lane on a toll road at a toll collection point.

"Tolls and Fees" means all Tolls and Fees and any other payments, amounts or charges referred to in these MFA Terms and Conditions.

"Transaction Summary" means a summary of the transactions (including the Tolls and Fees incurred) on Your eFleetPass Service.

"Trip" means the driving of a Vehicle past a toll collection point.

"Vehicle" has the same meaning given to that term in Your Rental Agreement.

"You" or "Your" refers to the person(s) who have agreed to be bound to these MFA Terms and Conditions and with whom the Rental Agreement is made.

11. Interpretation
1. Headings are for convenience only and do not affect interpretation. Any use of the singular includes the plural and the converse applies. A gender includes all genders.
2. Any reference to dollars and $ is to Australian currency.
3. The word includes in any form is not a word of limitation.
4. A reference to a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity.

MFA PRIVACY CONSENT AND AGREEMENT

MFA is required to comply with Privacy Laws and other road transport, driver licensing and vehicle registration legislation when dealing with any Personal Information, including eFleetPass Information.

This MFA Privacy Consent and Agreement contains consents and promises from You in relation to eFleetPass Information collected from You and from third parties to enable MFA and others to collect, use and disclose it for Permitted Purposes. You are not required by law to provide eFleetPass Information to MFA, but if You do not, MFA will not be able to provide the eFleetPass Service to You. Your Personal Information will be held by MFA and you may contact us at www.efleetpass.com.au to access or correct it.

Consents given by You

1. In exchange for MFA providing the eFleetPass Service, You consent to and authorise:
1. collection of eFleetPass Information by any Authorised Information Recipient from any person (including from Rental Co and from video and/or camera surveillance of toll roads conducted by MFA or third parties for traffic management or toll violation enforcement purposes) and from global positioning systems (GPS) which track the geographic location of a Tag, Vehicle or anyone using the Mobile Application;
2. use and disclosure of eFleetPass Information by and to Authorised Information Recipients for the Permitted Purposes;
3. disclosure of eFleetPass Information in online accounts accessible to any person with access to Your Agreement Number and surname; and
4. disclosure of eFleetPass Information to persons outside Australia for the Permitted Purposes on the basis that MFA is not required to ensure that any overseas recipient complies with the Privacy Laws.

Promises made by You

2. You promise that:
1. prior to disclosing any information to MFA or Rental Co about an Individual, You have obtained their consent to the matters in clause 1 of this MFA Privacy Consent and Agreement; and
2. all information You provide to MFA about You or any Individual is or will be accurate, complete and up-to-date, and will not be false or misleading.

Definitions

"Agreement Number" means a unique agreement number provided to You by Rental Co or by MFA in connection with the Rental Agreement.

"Associated Contractors" means MFA' suppliers, agents, distributors and contractors in relation to any Permitted Purposes.

"Authorised Information Recipient" means MFA, Rental Co, Your MFA Corporate Account Holder and each Authorised Driver, Authorised Representative and Intended Recipient.

"Clearing House" means any person who operates a clearing house for operators of toll roads, or Tag Issuers or Pass Issuers or any combinations of these.

"eFleetPass Information" means any information relating to You or Your eFleetPass Service, Vehicle, the location of a Tag or Vehicle at any time, the direction of travel, or video and/or camera surveillance operated at toll roads. eFleetPass Information may include Personal Information about:

1. You; or
2. any Individual,

including a name, address, phone number, email address, drivers licence number, date of birth, Vehicle hire and usage information, billing or financial information, Rental Agreement, Nominated Card, Rental Co Corporate Account, MFA Corporate Account and other Personal Information contained in video and/or camera surveillance of toll roads for traffic management or toll violation enforcement purposes conducted by MFA or obtained by MFA from third parties.

"Individual" means any individual, including any Authorised Driver, Authorised Representative, Nominated Card Holder and MFA Corporate Account Holder.

"Intended Recipients" means the following parties both within and outside NSW: (i) Credit Reporting Agencies; (ii) Associated Contractors; (iii) Tag Issuers; (iv) Pass Issuers; (v) any bank, financial institution or Clearing House; (vi) MFA' professional advisers including legal advisers, accounting advisers and other professional advisers; (vii) driver licensing and vehicle registration agencies, law enforcement agencies, public revenue authorities, road safety authorities and solicitors in relation to motor vehicle accidents; (viii) owners and other operators of toll roads; and (ix) persons providing services to any of the entities set out in (i) to (viii).

"Permitted Purposes" means any one or more of:

1. facilitating the use of and carrying out functions and activities relating to: (i) tolls and their enforcement; (ii) the eFleetPass System; (iii) any cashback system; (iv) Your eFleetPass Service and Tags; (v) verification of Your Rental Agreement (including verifying the details of a Nominated Card Holder or Your MFA Corporate Account Holder); (vi) obtaining feedback about the eFleetPass System and Your eFleetPass Service; and (vii) analysing information relating to traffic conditions, travel times and road usage and disclosing aggregate information (including to the public);
2. auditing of the eFleetPass System;
3. law enforcement;
4. the enforcement of a law imposing pecuniary penalty;
5. the protection of the public revenue;
6. road safety;
7. release of information to lawyers acting as agents for their clients in relation to motor vehicle accidents where MFA is compelled to do so by a court order;
8. obtaining advice and professional services on a confidential basis;
9. market research and statistical analysis;
10. other purposes related or incidental to the purposes listed above; and
11. such other purposes as are permitted by Privacy Laws, in each case both within and outside NSW.

"Personal Information" means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained or is reasonably identifiable from the information or opinion and any other information subject to the Privacy Laws.

"Privacy Laws" means the privacy laws which apply to MFA from time to time, including the Privacy Act 1988 (Cth), which includes the Privacy (Credit Reporting) Code 2014 for so long as it applies to MFA and any other current or future legislation, mandatory codes and policies relating to the handling of Personal Information which apply to MFA.

Other capitalised terms in this MFA Privacy Consent and Agreement have the meaning given in the MFA eFleetPass Service Terms and Conditions.

Clause 10 of the MFA eFleetPass Service Terms and Conditions applies to the interpretation of this MFA Privacy Consent and Agreement.