Account means an account (however titled) provided by Ruralco in the name of the Cardholder;
ATS means Ashburton Trading Society Limited of 97 Burnett Street, Ashburton, 7700;
Authorised Card Supplier means an agent, merchant, retailer or supplier that has a current agreement with Ruralco to accept payment for goods and services from Ruralco via the Ruralco Card scheme;
Authorised Person means any Person that the Cardholder has requested, and Ruralco has agreed (in its sole discretion) to use a Ruralco Card in respect of the Cardholder’s Account in accordance with these terms and conditions;
Cardholder means a Person that Ruralco has agreed in its sole discretion to provide a Ruralco Card in respect of that Person’s Account;
CCCFA means the Credit Contracts and Consumer Finance Act 2003 as amended or replaced;
CGA means the Consumer Guarantees Act 1993 as amended or replaced;
Consumer means a Cardholder that is a natural person and uses its Account wholly or predominantly for personal, domestic or household purposes;
Document means any form of written communication, including, without limitation, any notice, invoice, statement, electronic message or email;
Event of Default means an event where:
(a) the Cardholder does not perform or comply with any of its obligations under these terms and conditions; or
(b) any statement made by the Cardholder relating to the Account is or becomes untrue, inaccurate or misleading; or
(c) the Cardholder commences negotiations or takes any proceedings with a view to the general deferral, readjustment or rescheduling of its debts or a material part of its debts (except where a Cardholder that is a Consumer has made an unforeseen hardship application to Ruralco under the CCCFA); or
(d) the Cardholder is declared bankrupt or (if it is a company) put into receivership, voluntary administration, statutory administration or liquidation; or
(e) the Cardholder is insolvent or unable to pay its debts as they fall due; or
(f) without Ruralco’s prior written consent, there is a change in effective control of the Cardholder; or
(g) in respect to a Sub Account Holder, the Parent Account Holder commits an Event of Default;
GST means goods and services tax chargeable pursuant to the GST Act;
GST Act means the Goods and Services Tax Act 1985 as amended or replaced;
Member means a member of ATS;
Parent Account Holder means a Cardholder that has one or more Sub Account Holder’s Accounts linked to its Account;
Person includes a natural person, corporation sole and any body of persons, whether corporate or unincorporate.
PIN means personal identification number;
PPSA means the Personal Property Securities Act 1999 as amended or replaced;
Ruralco means Ruralco NZ Limited of 97 Burnett Street, Ashburton, 7700;
Ruralco Card means a charge and discount card linked and debited to an Account, including, without limitation, the Ruralco Discount Card and the Ruralco Mobil Card;
Sub Account Holder means a Cardholder that holds an Account that is a sub account linked to a Parent Account Holder’s Account;
Unsuitable PIN means any combination of numbers or characters that are easily identified with the Cardholder, and includes combinations that are sequential (e.g., 1234), identical (e.g., 4444), or that include some or all of the Cardholder’s birthdate, phone number, Ruralco Card, Account, ATS Member number or drivers licence number; and
Working Day means a day (other than a Saturday or Sunday) on which registered banks are open for general business in Christchurch, New Zealand.
1. The Cardholder agrees to be bound by these terms and conditions upon the earlier of:
(a) Ruralco’s acceptance of the Cardholder’s application to be issued a Ruralco Card (which it may or may not give in its sole discretion); or
(b) the first use of its Ruralco Card, whether or not by the Cardholder.
2. Each Ruralco Card, including any renewal card(s), remains the property of Ruralco.
3. Ruralco reserves the right to, at any time, place a credit limit on an Account of any amount.
4. Ruralco Cards are not transferable and will be honoured only when current, signed and presented by the relevant Cardholder.
5. In respect of the PIN used by the Cardholder in respect of a Ruralco Card, the Cardholder must:
(a) exercise all possible care to prevent disclosure (including inadvertent disclosure) of its PIN to any other Person except the Cardholder and any Authorised Person;
(b) notify Ruralco immediately if it knows or suspects that the current PIN has been disclosed and arrange to obtain a new PIN; and
(c) not use an Unsuitable PIN.
6. The rights of the Cardholder may be withdrawn at any time without notice to the Cardholder, including, without limitation, upon an Event of Default. The Cardholder agrees to surrender or destroy and/or arrange the surrender or destruction of all or any Ruralco Cards on request of any representative or Person authorised by Ruralco to request the same. It is acknowledged by the Cardholder that use after notice of withdrawal is fraudulent. Notice of withdrawal shall be deemed given when a notice is:
(a) posted to the last address of the Cardholder known to Ruralco; or
(b) sent via email to the last email address of the Cardholder known to Ruralco. Any withdrawal of the Cardholder’s rights shall be without prejudice to any of Ruralco’s rights and remedies, including, but not limited to, those which may arise from any breach or non-compliance by the Cardholder of these terms and conditions.
7. In addition to, and without limitation to, Ruralco’s rights under clause 6 above, Ruralco may at any time without notice to the Cardholder, including, without limitation, upon an Event of Default:
(a) suspend the Account for any period of time; or
(b) demand immediate repayment of any amounts owing on the relevant Account.
8. Should a Ruralco Card be lost or stolen then the Cardholder is liable for the amounts incurred by use of that Ruralco Card from the time of loss or theft until such time as written advice thereof has been given to Ruralco.
9. The Cardholder may use a Ruralco Card to charge purchases incurred from Authorised Card Suppliers, subject to:
(a) the right of each Authorised Card Supplier to refuse credit; and
(b) the right of Ruralco to, at any time, refuse to approve the use of a Ruralco Card for any Authorised Card Supplier for any reason whatsoever. When using a Ruralco Card, the Cardholder may not be able to use the Ruralco Card in conjunction with other discounts, promotions or offers given by the relevant Authorised Card Supplier that do not relate directly to the use of the Ruralco Card. In particular, any fuel discount or other promotion or offer given by Mobil Oil New Zealand Limited, any Mobil outlet or other fuel supplier cannot be used in conjunction with the Ruralco Card, except as advised by Ruralco from time to time.
10. From time to time, Ruralco may receive a fee, commission, discount or other benefit from Authorised Card Suppliers and/or other Persons that relate directly or indirectly to the use of a Ruralco Card by a Cardholder.
11. Ruralco does not guarantee:
(a) that any Authorised Card Supplier shall continue to remain an Authorised Card Supplier for any period of time; or
(b) the continuation of any discount or benefit currently given to a Cardholder by an Authorised Card Supplier that relates to the use of a Ruralco Card.
12. Ruralco will not be liable for any direct or indirect loss caused by any failure of a Ruralco Card to process any transaction, including, without limitation, failure caused by a failure of:
(a) the relevant electronic card system or terminal; or
(b) power or communication lines; or
(c) any Authorised Card Supplier operating a Ruralco Card or processing machine.
13. Without limiting any other provision in these terms and conditions, Ruralco, and any other Person that Ruralco is responsible for, is not liable to the Cardholder at law, by statute, in equity or otherwise arising from the relationship between Ruralco and the Cardholder for any loss, damage or injury (including, but not limited to, indirect and consequential losses and loss of profits) incurred by the use of a Ruralco Card or the Account except to the extent that Ruralco or it agents and employees have been wilfully negligent.
14. The Cardholder agrees that, if the Cardholder is “in trade” as that term is defined in the CGA, the provisions of the CGA do not apply to these terms and conditions.
15 Ruralco and its agents may set off any amount owing by the Cardholder to Ruralco or ATS (the Parties) against any amount that a Party owes to the Cardholder, so that the relevant Party’s obligation will be to pay the net balance only (if any).
16. If, despite the other provisions of these terms and conditions, Ruralco is found to be liable to the Cardholder then its liability for any single event or series of related events is limited to $100.
17. The Cardholder shall become liable immediately to Ruralco for payment of the amount of purchases so incurred on its Account. Payment is to be made in full without any deductions, whether by way of set off, counter claim, or any other equitable claim.
18. The total amount payable to Ruralco may include GST and any other taxes, duties and levies payable in respect of the goods and services purchased or other charges or amounts incurred on the Account.
19. In respect of purchases charged and other amounts debited to the Account, Ruralco (or its agents) will render statements and the purchases therein detailed are payable to Ruralco (or its agents) by the 20th of the month following purchase as directed in the relevant statement. The Cardholder agrees to pay any cost of collection and all legal fees incurred by Ruralco (or its agents) in the event of legal action becoming necessary to recoup any outstanding amounts that are due and payable.
20. If any amounts payable remain unpaid after they are due, Ruralco (or its agents) may at its discretion charge interest at a rate of 24% per annum (or a greater or lesser rate as Ruralco may determine from time to time) on the total outstanding balance of the Account (including any unpaid interest, fees and charges that have previously accrued) and while the default continues. Interest shall be calculated on a daily basis and charged monthly.
21. Any charge form or invoice (however described) received by Ruralco (or its agents) for payment from an Authorised Card Supplier shall be conclusive proof that the charge recorded thereon was properly incurred with the Authorised Card Supplier for the amount so stated and by the Cardholder referred to in that form by the use of a Ruralco Card, notwithstanding the currency exchange calculations made by the Authorised Card Supplier or variations in currency exchange rates. This clause does not apply in the case of manifest error or when a Ruralco Card has been lost or stolen and written advice thereof has been given to Ruralco.
22. Ruralco shall not be liable for the actions of any Authorised Card Supplier, nor any claim or dispute that the Cardholder may have with any Authorised Card Supplier, including without limitation, any dissatisfaction that the Cardholder may have with any goods or services purchased using a Ruralco Card (whether as to the quality of any goods or services or otherwise). Any such dispute or claim must be resolved directly with the Authorised Card Supplier.
23. The existence of a claim or dispute shall not relieve the Cardholder from the Cardholder’s obligation to pay promptly all charges and amounts payable to Ruralco. Charges made by an Authorised Card Supplier to Ruralco shall be conclusive as between Ruralco and the Cardholder.
24. The Cardholder agrees to accept liability for all charges incurred or in any way arising from the use of any card issued in respect of a Cardholder’s Account (including any renewal card) and the Cardholder agrees to pay the amount of such charges forthwith.
25. Without limiting any provision in these terms and conditions, a Parent Account Holder is jointly and severally liable for all charges incurred and amounts payable on each Sub Account Holder’s Account, and any other obligations owed to Ruralco in respect of that Account. Such joint and several liability continues notwithstanding that:
(a) there has been a severance of association, claim or dispute between the relevant Cardholders; and
(b) Ruralco has been notified of the severance of association, claim or dispute.
Ruralco is not liable in any way for any such severance of association, claim or dispute or any consequences that arise from it.
26. These terms and conditions may be varied at any time by Ruralco in its absolute discretion by notification in writing to the Cardholder. Such notice shall be deemed given when a notice is:
(a) posted to the last address of the Cardholder known to Ruralco; or
(b) sent via email to the last email address of the Cardholder known to Ruralco.
27. The Cardholder must not change the Cardholder’s name, address or contact details without providing Ruralco with at least 30 days’ prior written notice.
28. The Cardholder and any guarantor agrees and acknowledges that any Document:
(a) sent via post shall be deemed to have been received three Working Days after the Document has been sent;
(b) sent via facsimile shall be deemed to have been received upon confirmation of transmission;
(c) sent via email shall be deemed to have been received one Working Day after the Document has been sent; and
(d) served upon the Cardholder shall be deemed to have been received on the day that it was served on or delivered to the Cardholder.
29. Ruralco may, without notice to the Cardholder, assign to any other Person the Account (including all amounts due under the Account) and any of its rights and obligations under these terms and conditions, either in whole or in part.
30. The Cardholder (and any of its Authorised Persons) shall not approach any Authorised Card Supplier for direct discounts nor use a Ruralco Card in any attempt to obtain personal discounts from businesses that are not Authorised Card Suppliers or associated with Ruralco.
31. If at any time Ruralco does not enforce these terms and conditions, or grants the Cardholder time or other indulgence, Ruralco shall not be construed as having waived these terms and conditions or its right to later enforce these terms and conditions.
32. Ruralco may undertake any of its obligations or duties, and enforce any of its rights, through any of its agents, including, without limitation, ATS.
33. Each clause of these terms and conditions is separately binding. If any clause is void, unenforceable or otherwise ineffective by operation of New Zealand law the remaining clauses shall continue to be valid and enforceable.
34. The personal information of any Cardholder, Authorised Person or guarantor collected by Ruralco and/or ATS pursuant to these terms and conditions is collected for the purposes of:
(a) determining whether to accept its application for using a Ruralco Card;
(b) providing information (including contact information) for Ruralco’s and/or ATS’s invoicing and marketing purposes;
(c) notification to Authorised Card Suppliers; and
(d) enforcing any debt or legal obligations owed by the Cardholder to Ruralco or ATS. All personal information collected by Ruralco and/or ATS will be held by Ruralco and/or ATS.
35. The Cardholder agrees to provide, and authorises any Person to provide, Ruralco and ATS with any personal, credit, financial and other information about the Cardholder and any guarantor or Authorised Person that Ruralco may require in support of the Cardholder’s application for a Ruralco Card and/or in relation to the Cardholder’s future dealings with Ruralco or information that Ruralco may be required to obtain by law.
36. The Cardholder and any guarantor authorises Ruralco and ATS to furnish to any third party details of the Cardholder’s and Authorised Persons’ dealings with Ruralco, including, but not limited to, providing personal information to:
(a) Authorised Card Suppliers; and
(b) any credit reporter where the personal information is able to be accessed for genuine credit related purposes by other credit inquirers, and (if applicable) notifying Authorised Card Suppliers that the Cardholder’s Account has been withdrawn or is overdrawn.
37. Any Cardholder, Authorised Person or guarantor is entitled to access, and request correction of, its personal information held by Ruralco and/or ATS.
38 In respect of the PPSA and between Ruralco and the Cardholder, the Cardholder unconditionally and irrevocably:
(a) agrees that, unless the Cardholder is a Consumer, these terms and conditions constitute a security agreement for the purposes of the PPSA and that a security interest is taken in all goods purchased by the Cardholder using its Ruralco Card, together with all proceeds.
(b) waives the Cardholder’s right under the PPSA to receive a copy of any financing statement or financing change statement;
(c) agrees that, to the maximum extent permitted, sections 114(1)(a), 133 and 134 of the PPSAwill not apply;
(d) waives its rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA to the extent that these rights may be waived under section 107(2) of the PPSA;
(e) agrees that where Ruralco has rights in addition to, or existing separately from those in Part 9 of the PPSA those rights will continue to apply and, in particular, those rights will not be limited by Section 109; and
(f) agrees that where any goods become an accession as defined in the PPSA, the Cardholder will not apply to the Court for an order concerning the removal of the accession.
39. If any amounts have not been paid for in full by the due date for payment or are at risk (as defined in PPSA) and clause 38 applies to the relevant Cardholder, Ruralco or its agent(s) may enter the Cardholder’s premises (or other premises to which the Cardholder has access and where the goods are stored or where Ruralco reasonably believes the goods are stored) at any time, without notice, and search for and recover the goods and may resell the goods or retain the goods for Ruralco’s own benefit, without incurring any liability to the Cardholder or any other Person claiming through the Cardholder. The Cardholder may not revoke the permission granted in this clause.
40. The Cardholder may cancel its Account at any time on the following terms:
(a) the Cardholder must give notice to Ruralco in writing or calling Ruralco on 0800 787 256 and paying to Ruralco all amounts that it owes, including any amounts accrued, authorised or charged, but not yet debited to the Account;
(b) the Cardholder must destroy, or arrange surrender of, its Ruralco Card(s);
(c) if any amounts are charged to the Account after the Cardholder has notified Ruralco of its wish to cancel the Account, Ruralco may refuse to pay these amounts, or Ruralco may pay them and recover the amounts from the Cardholder. In either case, Ruralco may tell any Authorised Card Supplier that the Account has been cancelled.
(d) if the Cardholder is a Parent Account Holder, all Sub Account Holders’ Accounts linked to that Parent Account Holder’s Account will be cancelled. A Parent Account Holder may cancel any Sub Account Holder’s Account at any time.
41 Ruralco charges the following fees:
(a) unless waived by Ruralco (in its sole discretion), Ruralco charges a fee of $5.75 for the issue of each initial Ruralco Card;
(b) for Accounts that are in the name of Cardholders that are not Members, the following account fees apply:
(i) if one Ruralco Card has been issued in respect to an Account an annual account fee of $17.25 applies; or
(ii) if two or more Ruralco Cards have been issued in respect to an Account an annual account fee of $34.50 applies; and
(c) a fee $17.25 applies for the issue of any replacement Ruralco Card that is issued to a Cardholder upon that Cardholder’s request. This fee is waived if the request for the replacement Ruralco Card is accompanied by a police report that states that the current Ruralco Card has been lost or stolen.
Fees and charges are subject to change and additional fees and charges may be introduced from time to time at Ruralco’s discretion.
42. Where the Cardholder uses its Account wholly or predominantly for business or investment purposes (or both) these terms and conditions will not be a consumer credit contract for the purposes of the CCCFA. Accordingly, the Cardholder acknowledges that, in these circumstances, it does not have any of the rights of a debtor under a consumer credit contract under the CCCFA. Nothing in these terms and conditions that refers to or incorporates provisions of the CCCFA is intended to imply that any Cardholder has rights that it would not otherwise have under the CCCFA.
43. Where the Cardholder is a Consumer the provisions of the CCCFA shall apply and the initial disclosure statement that was provided to the Cardholder shall comprise part of these terms and conditions.