Kwik Fit Drive Account Card Agreement
CONDITIONS OF USE
1.1 The following terms shall have the following meanings:
- an Account held under this Scheme
- "Account Holder"
- the business in whose name the Account is held
- the application form signed by the Account Holder and these Conditions of Use
- a Kwik Fit Business Drive Card
- any person using a Card issued under the Scheme
- Kwik-Fit (GB) Limited
- "Conditions of Use"
- these conditions of use relating to the Scheme
- the amount required by the Company to be paid by the Account Holder with the Agreement
- "Participating Site"
- an authorised site which appears on the Scheme website
- the Kwik Fit Business Drive Card Scheme in respect of which Cards are issued under this Agreement
- "Scheme Agent"
- Worldline IT Services UK Limited or such replacement as may be notified to the Account Holder from time to time
- "Scheme Address"
- Worldline IT Services UK Limited, 1 Trinity Court, Broadlands, Wolverhampton, WV10 6UH
- Tyres / SMR (Service, Maintenance and Repairs) Fuel / Breakdown Cover / Parking and supplies of such other goods or services as may be notified to the Account Holder by the Company from time to time
1.2 In these definitions the singular includes the plural and vice versa; words denoting any gender includes all genders; words denoting persons include partnerships and companies and vice versa.
1.3 Signature of and/or use of a Card constitutes acceptance by the Account Holder of these Conditions of Use which supersede and shall be taken to override any terms and conditions proposed or stipulated by the Account Holder.
1.4 The Company hereby appoints the Scheme Agent to act as its agent in respect of the rights and obligations of the Company under this Agreement.
2. The Agreement
2.1 By applying for an Account under this Scheme, the Account Holder confirms that it is doing so in the course of business and not as a consumer and that it has authority to bind the business on whose behalf the Account and Cards are to be issued and used. The Account Holder further acknowledges and undertakes that all Card Holders are duly authorized to carry out transactions on its behalf under this Scheme.
2.2 Authorisation by the Company of an Agreement under this Scheme permits the Account Holder to use Cards to obtain Supplies at Participating Sites. A sales voucher shall be issued to the Cardholder at the Participating Site in respect of each transaction.
2.3 Completion of this Agreement by the Account Holder constitutes authorisation to the Participating Sites to accept any Card issued to the Account Holder’s Account in payment of Supplies, provided that the Account and the Card are valid and current at the date of supply.
2.4 The signature by a Cardholder of a sales voucher issued under this Scheme shall constitute acceptance by the Account Holder that the details shown on the sales voucher are true and accurate in all respects and that no other conditions affect that transaction except as set out in these Conditions of Use.
2.5 Completion of this Agreement by the Account Holder authorises the Company to debit the Account the sums contained in each sales voucher.
2.6 The Account Holder’s statutory rights are not affected by this Agreement.
2.7 The Account Holder may cancel this Agreement at any time by giving 14 days’ notice to the Company at the Scheme Address.
2.8 The Company may terminate this Agreement with immediate effect in the event that (a) the Account Holder becomes insolvent, goes into liquidation, whether compulsory or voluntary, has a receiver or administrator or administrative receiver appointed over all or part of its property or business or is declared bankrupt (as appropriate), (b) the Scheme ceases to operate for any reason or (c) the Account Holder materially breaches the terms of this Agreement or has provided false or misleading information to the Company or Scheme Agent in relation to the Account.
2.9 In the event that the Agreement is terminated or cancelled for any reason by either party, the total outstanding balance on the Account shall immediately become due and payable by the Account Holder in full and cleared funds and the right to use the Cards shall automatically cease and all Cards issued to the Account must be returned forthwith.
3. Use of Account Cards
3.1 Cards shall be issued to the Account Holder on (a) acceptance by the Company of the completed Agreement, (b) completion of a satisfactory financial search of the Account Holder by or on behalf of the Company, and (c) receipt by the Company of the Deposit (when required).
3.2 Each Card shall include the name of the Account Holder, the Card number and the Cardholder name or vehicle registration number. Cards shall remain valid up to and including the date marked on the Card and shall be valid for the purchase of Supplies at Participating Sites, based on any restrictions placed on the Card usage by the Account Holder, up to any maximum aggregate credit limit placed on the Card as notified by or on behalf of the Company from time to time.
3.3 Cards remain the property of the Company and do not confer any right to receive Supplies. Cards may be cancelled by the Company at any time provided that notice, either oral or in writing, has been given to the Account Holder.
3.4 Cancelled Cards must be returned forthwith to the Company at the Scheme Address. Any cancelled Card presented in connection with any transaction for Supplies shall be retained; a sales voucher shall nevertheless be issued for any Supplies already obtained by the Cardholder and the purchase sum debited to the Account. Cancellation of a Card or termination of the Agreement shall be without prejudice to the Account Holder's liability in respect of such Card or Account.
3.5 The Account Holder shall notify the Company at the Scheme Address of any change of name, address or commercial status of the Account Holder. Replacement Cards shall be issued under the Scheme, when necessary.
3.6 Damaged or faulty Card(s) shall be replaced by the Company on receipt of the Card(s) by the Company at the Scheme Address.
3.7 If any Card is lost, stolen or otherwise no longer in the possession of the Account Holder, the Account Holder shall immediately notify the Company at the Scheme Address. Oral notification shall be confirmed in writing by the Account Holder within 7 days. Notwithstanding the foregoing, the notification date shall be the date on which the Company receives the written notification. Provided there has been no fraud, negligence or other misuse of the Card by the Account Holder or Cardholder in respect of such Card, the Account Holder shall not be liable for any purchase made with the Card from the date of notification. The Account Holder shall indemnify the Company against all claims, costs and expenses incurred by the Company arising from theft, loss or misuse of the Card, whether fraudulent or not, prior to such notification above or occurring as a result of any breach by the Account Holder of these Conditions of Use.
3.8 The Account Holder may cancel a Card on notification and return of the Card to the Company at the Scheme Address. The Account Holder shall be liable for all purchases made with such Card prior to receipt of the Card at the Scheme Address.
3.9 The Company shall not be liable to the Account Holder for any loss, damage, cost or expense incurred as a result of any failure or refusal to provide Supplies under the Scheme.
4.1 The Company shall debit the Account either weekly, twice monthly or monthly with the aggregate sum of the sales vouchers issued in the preceding invoice period.
4.2 A statement showing the amount to be deducted from the Account shall be issued to the Account Holder on the day following the last day of each calendar month. The statement shall include the date, time, Card number, Participating Site, description of Supplies provided, mileage (if available), Vehicle Registration Number (if available) and value (excluding and including VAT) of each transaction.
4.3 All sums owing to the Company by the Account Holder as shown in the statement referred to in 4.2 above shall be paid by means of the direct debit mandate attached to the Agreement. Monthly debits shall be enacted on the 14th of each month or on the next banking day thereafter. The Company shall be entitled to charge the Account Holder an administration fee of £12.00 for each occasion on which a direct debit fails for any reason (other than the default of the Company). Any payment made by credit card will be subject to a 2.35% handling fee.
4.4 If payments are not cleared by the Account Holder's bank under 4.3 above on the first presentation the Company shall have the right to place a stop on the Card and the Account Holder's account will be closed and the Agreement will terminate with immediate effect.
4.5 The Account Holder may request the Company to provide copies of sales vouchers for transactions made on their Cards provided that the transaction took place not more than 3 months prior to the date of the request.
5. Fraud Prevention
5.1 If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies.
5.2 Law enforcement agencies may access and use this information.
5.3 The Company and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:
- Checking details on applications for credit and credit related or other facilities;
- Managing credit and credit related accounts or facilities;
- Recovering debt;
- Checking details on proposals and claims for all types of insurance;
- Checking details of job applicants and employees.
5.4 The Account holder may apply to the Company to receive details of the relevant fraud prevention agencies referred to in 5.1 above.
5.5 The Company and other organisations may access and use from other countries the information recorded by fraud prevention agencies.
6.1 The Company shall be entitled to amend these Conditions of Use at any time by reasonable written notice to the Account Holder.
6.2 The Company may assign or transfer this Agreement and any or all of its rights and liabilities under the Agreement by written notice to the Account Holder.
6.3 The Account holder may not assign or transfer this Agreement.
6.4 Where the Account Holder consists of two or more persons "the Account Holder" in these Conditions of Use shall mean and include all such persons and each or any of them. All obligations on the part of such Account Holder shall be joint and several obligations of such persons.
6.5 The Company accepts no liability and gives no warranty, express or implied, whether arising by common law or statue in relation to any transaction by or Supplies supplied to the Account Holder by virtue of entering into the Agreement and/or the use of the Card.
6.6 Save in relation to the Company’s liability for death or personal injury caused by its negligence or for fraudulent misrepresentation, which shall not be limited, the Company shall not be liable for loss whether arising from breach of contract, tort (including without limitation, negligence), statutory duty or otherwise, and whether direct or indirect, nor for any of the following: loss of profits, loss of revenue, loss of savings (anticipated or actual), loss of contract, loss of goodwill or loss of reputation, or any indirect or consequential loss or damage.
6.7 Failure by the Company at any time to enforce any breach by the Account Holder of these Conditions of Use or the Agreement shall not be construed as a waiver by the Company of such Conditions of Use or Agreement and the Company shall be entitled to enforce such breach at any time.
6.8 If any of these Conditions of Use or the Agreement shall be deemed void for any reason whatsoever, but would be valid if part of the wording were deleted any such conditions shall apply with such modifications as may be necessary to make it valid and effective.
6.9 The information provided by the Account Holder in the Agreement and accompanying documentation shall be held and used by the Company and Scheme Agent in compliance with the Data Protection Act 1998 and all other relevant data protection legislation. The Account Holder understands that the Company and/or the Scheme Agent will carry out credit checking in order to ensure that exposure to bad debt is minimised. By entering into this Agreement, the Account Holder confirms that it agrees to the Company, Scheme Agent or nominated third party agent to undertake a credit reference agency search. The record of the search may be seen by other organisations in relation to any application for credit in the future.
6.10 The Agreement shall be governed by the laws of England & Wales and shall be subject to the jurisdiction of the courts of England & Wales.
Version 2: 14th May 2015