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
- Your eFleetPass Service
-
Your eFleetPass Service is provided by MFA to You to enable You to pay Tolls, Fees, Infringements,
and Feed-in Levy (Tariff) relating to the eFleetPass System in accordance with these MFA Terms and
Conditions.
-
In order to use Your eFleetPass Service, You or Your Authorised Driver must travel in an Electronic
Tolling Lane.
-
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, Infringements, and Feed-in Levy (Tariff) they incur.
-
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, Fees, and Feed-in Levy (Tariff) 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.
- Payments, fees and charges in connection with Your eFleetPass Service
-
You must pay the following amounts to MFA in connection with the use of Your eFleetPass
Service:
-
all Tolls (it is Your responsibility to be aware of all Tolls payable in
connection with the use of a toll road);
-
the Service Fee for each calendar day on which the Vehicle incurs a Toll
using Your eFleetPass Service;
-
a Processing Fee in the circumstances described in clause 5(b);
-
a Dishonour Fee in the circumstances described in clause 3(c);
-
a Credit Card Surcharge where applicable, which is no greater than the
merchants’ fee;
-
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;
-
any Carbon Offset Levy that may be passed through by MFA once imposed by way
of new legislation;
-
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
-
a Feed-in Levy (Tariff) at the marginal rate from $1 to $5 per toll. Refer to
toll notice invoice or statement; and
-
any other costs reasonably incurred by MFA in enforcing its rights under
these MFA Terms and Conditions, including any fees, charges or levies imposed by a third party
on MFA where You have refused or failed to pay any amount under these MFA Terms and
Conditions.
- 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.
- 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.
- Payment methods and authority
Payment by Nominated Card
- You:
- promise to MFA that You are authorised to use the Nominated Card to meet Your payment
obligations under these MFA Terms and Conditions; and
- 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.
- 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.
- If:
- there are insufficient funds available in the Nominated Card to meet Your payment obligations
under these MFA Terms and Conditions; or
- a transaction on the Nominated Card is declined for any reason, save for:
- the negligence of, or wilful misconduct by, MFA or any of its officers, employees or
agents; or
- 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.
- 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:
- the existing Nominated Card is cancelled, suspended or is otherwise not useable; or
-
the existing Nominated Card Holder cancels Your authorisation to use the existing Nominated
Card.
Payment by Drive Now Pay Later
- 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.
- You:
-
promise to MFA that You are authorised to use the Nominated Card to meet Your payment
obligations under these MFA Terms and Conditions; and
-
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.
- MFA will debit Tolls and Fees from the Nominated Card on the dates specified in clause (e).
- If:
- there are insufficient funds available in the Nominated Card to meet Your payment obligations
under these MFA Terms and Conditions; or
- a transaction on the Nominated Card is declined for any reason, save for:
- the negligence of, or wilful misconduct by, MFA or any of its officers, employees or
agents; or
- 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.
- 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:
- the existing Nominated Card is cancelled, suspended or is otherwise not useable; or
-
the existing Nominated Card Holder cancels Your authorisation to use the existing Nominated
Card.
Payment by MFA Corporate Account Holder
- 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:
- 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
- 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
- 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:
- suspend these MFA Terms and Conditions and the services provided under them until payment is
made by You in full; or
- terminate these MFA Terms and Conditions,
and MFA may notify the Rental Co of any such action by MFA.
- Errors in charging Tolls, Fees and Infringements
- 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.
- 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.
- eFleetPass Service Transaction Summary
- You may view a Transaction Summary without charge at any time by logging on to efleetpass.com.au
- 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).
- Lost, stolen or malfunctioning Tags
- You must immediately inform Rental Co if either of the following occur:
- the Tag is lost or stolen or You become aware that the Tag malfunctions or is in any way
defective; or
- the Vehicle is lost or stolen.
- 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.
- 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.
- Right to Suspend use of the eFleetPass Solution
- 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.
- GST
- Unless otherwise indicated, all Tolls and Fees are inclusive of GST.
- If GST is stated as not to be inclusive, You are liable for any GST payable.
- General
- New South Wales laws govern these MFA Terms and Conditions.
- 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.
- 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 $[0.50].
"Credit Reporting Agency" means a corporation that carries on a
credit reporting business.
"Dishonour Fee" means a fee charged by the Merchant i.e. 3.5% of the total amount on BECS
Direct Debit. Credit Card Disputes marked as a Dishonour of $35 per Transaction Disputed.
"Driver" means (1) a driver who drives through and/or who operates a vehicle and utilizes
a toll road in whole or in part in their
vehicle , and/or rental vehicle and/or vehicle over which the Driver had or has control (whether or not the
Driver was the driver at all
material times) and (2) as well as any other person(s) identified by MFA as the driver(s) and/or operator(s)
(or in control of the
vehicle) of the vehicle at all or any material time(s).
"Drive Now Pay Later" or "DNPL" 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.
"Feed-in Levy (Tariff)" denotes a data transmission charge associated with the
secure exchange of tolling data from the NSW transport data server to MFA Motorways' data processing
infrastructure. This ensures secure, encrypted handling of financial data, supporting accurate and reliable
tolling operations for drivers and rental companies.
"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
$3.5.
"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.
- Interpretation
- 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.
- Any reference to dollars and $ is to Australian currency.
- The word includes in any form is not a word of limitation.
- 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
-
In exchange for MFA providing the eFleetPass Service, You consent to and authorise:
-
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;
-
use and disclosure of eFleetPass Information by and to Authorised Information Recipients for the
Permitted Purposes;
-
disclosure of eFleetPass Information in online accounts accessible to any person with access to Your
Agreement Number and surname; and
-
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.
-
delivery of notices, statements, invoices, and other documents via email to the email address
provided by You, acknowledging that email communication is sufficient and constitutes official
delivery.
Promises made by You
- You promise that:
- 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
- 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:
- You; or
- 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:
- 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);
- auditing of the eFleetPass System;
- law enforcement;
- the enforcement of a law imposing pecuniary penalty;
- the protection of the public revenue;
- road safety;
- 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;
- obtaining advice and professional services on a confidential basis;
- market research and statistical analysis;
- other purposes related or incidental to the purposes listed above; and
- 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.
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