OPT and Pre-Authorisation Terms & Conditions

  1. Definitions

In these Conditions:

    1. Card means a valid credit card, debit card, pre-paid or stored value card, merchant card or fuel card but does not include American Express, UnionPay, JCB or Diners Club.
    2. Card Issuer means the financial institution, or any other person, who issues a Card to You.
    3. Conditions means these OPT and Pre-Authorisation Terms and Conditions.
    4. Goods means any and all goods supplied by the Seller to You.
    5. OPT means the outdoor payment terminal used to complete the Transaction for the Goods.
    6. Pre-Authorisation means a temporary hold placed on the Your funds by the Card Issuer to confirm that sufficient funds are available to cover the cost of the Transaction, such Transaction to be processed at a later time up to the value of the Pre-Authorised Amount, and Pre-Authorise has the corresponding meaning.
    7. Pre-Authorised Amount is the amount equivalent to Your selected Transaction amount plus $1 or some other amount as determined by the Card Issuer from time to time.
    8. Seller means Mogas Regional Pty Ltd ABN 79 111 402 110 (Mogas), or other such party identified by Mogas Regional Pty Ltd from time to time.
    9. Transaction means the payment by Card between You and the Seller for Goods using the OPT.
    10. You means the person, persons, company or business, in whose name the Card has been issued, entering the Transaction with the Seller for the Goods, and Your has the corresponding meaning.
  2. General

These Conditions are subject to change without notice by the Seller and such amended Conditions will apply to all purchases of Goods by You from the Seller on or after the date of such change. By purchasing Goods from the Seller, You agree to be bound by the then current Conditions.

  1. Eligibility and Responsibility
    1. You must be at least 16 years of age to use the OPT.
    2. If You are between 16 and 18 years of age, You must ensure that Your parent or guardian has read and understood these Conditions and consents to Your use or continued use of the OPT prior to you first using the OPT.
  2. Acceptable Uses

You must use the OPT responsibly and within the law.  It is your responsibility to:

    1. operate the OPT in a manner which does not violate any applicable laws or regulations;
    2. operate the OPT in compliance with our safety implementations, instructions and settings;
    3. operate the OPT in a manner which does not interfere with or disrupt other users, services or equipment; and
    4. refrain from acts that prevent other users from using or otherwise receiving the full benefit of the OPT in any way whatsoever.
  2. Unacceptable Uses

You must not use the OPT in any way which breaches local, state, federal or international laws or regulations.  Without limiting that, You must not:

    1. commit fraud;
    2. damage, destroy or modify in any way whatsoever the OPT;
    3. impersonate any person or misrepresent your identity or affiliation with any person; or
    4. attempt to do any of these things.
  2. Transaction
    1. All prices contained within or listed on the OPT are Australian Dollars and, if GST applies, inclusive of GST.  The Seller reserves the right to change or alter prices without notice to You.  If You have already processed a Transaction at a particular price, the Seller will (subject to these Conditions) supply the Goods to You at that price.
    2. You may incur charges from your Card Issuer to provide for the use of the OPT and/or the Pre-Authorisation.  Any such charges are your sole responsibility and any matters regarding these charges should be raised with the Card Issuer.
    3. The Seller will accept any valid and acceptable Card in a Transaction.
    4. The Seller will process the Transaction and handle the Card and Your information in accordance with applicable laws and these Conditions.
    5. The Seller will provide You with a copy of the Transaction receipt via email, if requested by the You, immediately after completing the Transaction.
    6. If the Seller is unable to process Your payment, including in the event the Pre-Authorisation fails for any reason whatsoever, the Seller will not be able to fulfill Your purchase of the Goods.  The Seller will not be liable to You in any way in the event the Seller is unable to process Your payment for any reason.
    7. You acknowledge and accept that once a Transaction is processed it cannot be cancelled.
    8. You acknowledge and agree that no points or rewards from third party loyalty programs can be used for any Transaction made via the OPT.
    9. The Seller may reject a Transaction in its sole discretion, including in circumstances where the Seller believes that there may be a Card fraud, or where there has been an error in the price or description on the OPT.
  3. Pre-Authorisation
    1. The Seller reserves its rights to Pre-Authorise Your Card for the purposes of processing the Transaction.
    2. The Seller cannot release, remove, suspend or otherwise interfere with the Pre-Authorisation or Pre-Authorised Amount once the Pre-Authorisation has occurred.
    3. The length of time for the Pre-Authorisation will vary according to Your Card Issuer.
    4. You must contact Your Card Issuer for a copy of their product disclosure statement for terms and conditions associated with the Card Issuer’s Pre-Authorisation procedures.
    5. You acknowledge and agree that:
      1. the Seller has no control whatsoever over the length of time taken for the Card Issuer to release the Pre-Authorised Amount; and
      2. such Pre-Authorisation may affect the available funds balance or spending limit of Your available funds on the Card.
  4. Privacy
    1. The Seller will collect, hold, and use Your personal information in accordance with its privacy policy available on the website (at www.mogas.com.au) (Privacy Policy).  The Seller’s Privacy Policy sets out:
      1. the purposes for which Your personal information is collected;
      2. the consequences if Your personal information is not provided to the Seller;
      3. the third parties to which the Seller discloses Your personal information, if any;
      4. how You may seek access or correction of Your personal information;
      5. whether Your personal information is likely to be disclosed to overseas entities and in which countries; and
      6. how You can complain about a breach of the Seller’s obligations in respect of your personal information and how such a complaint may be dealt with.
    2. You agree to allow the Seller to collect personal information about You, including information that may be considered sensitive.
    3. The Seller collects personal information from You.  The Seller will handle the collection, processing, and storage of Your personal information in accordance with its Privacy Policy.
    4. By disclosing or submitting personal information to the Seller, You consent to the Seller processing and storing Your personal information for the purposes described I the Seller’s Privacy Policy.
  5. Your Warranties

You warrant that:

    1. You are the person in whose name the Card has been issued, or an authorised user of the Card; and
    2. the Transaction is not a fraudulent Transaction
  2. Seller’s Representations and Warranties
    1. To the maximum extent permitted by law, the Seller does not provide any representations or warranties whatsoever relating to the use or non-use of the OPT, any Pre-Authorisation or the goods and services supplied.
    2. The Seller makes no representations or warranties as to the availability of the OPT, any Pre-Authorisation or the goods and services.  The Seller will not be responsible in any way for the availability of the OPT, Pre-Authorisation or the goods and services.
  3. Release from Liability

To the maximum extent permitted by law, You release the Seller and its officers, agents, successors, assigns, representatives, advertisers or employees (collectively, Seller’s Personnel), from all damages, losses, actions, costs, claims, demands and causes of action whatsoever, at law, in equity or under statute which You or anyone claiming through You may have or might at any time have or have had against the Seller or the Seller’s Personnel in respect of, arising out of or resulting from your use, attempted use, or failure to use the OPT or Pre-Authorisation.

  1. Seller’s Rights

You will indemnify the Seller against all damages, losses actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that the Seller suffers or incurs as a result of any breach of these Conditions by You.

  1. Limitations
    1. The Seller will not be responsible for any interruption to, suspension of, reduction or lack of performance of the OPT or the Pre-Authorisation, however caused, but the Seller will use commercially reasonable endeavours to maintain the performance of the OPT, and where applicable, the Pre-Authorisation, where this is within the Seller’s direct control.
    2. To the maximum extent permitted by law, the Seller will not be liable to You in any way for any costs, damages (including indirect or consequential damages), liabilities, claims, actions or proceedings which You may suffer or incur directly or indirectly as a result of or in connection with the OPT or Pre-Authorisation or Your use, or attempted use of them.
  2. Severances

If any of these terms or conditions is or becomes for any reason wholly or partly invalid, that term or condition shall to the extent of the invalidity be severed without prejudice to the continuing force and validity of the remaining conditions.

  1. Jurisdiction

The Transaction and these Conditions are subject to the laws of the State of South Australia and You submit to the jurisdiction of the courts of that State.

  1. Contact the Seller

Any questions, complaints or claims regarding the OPT should be directed to the Seller at any of the following contact points:

Email: [email protected]
Postal Mail: PO Box 322, Kensington Park SA 5068
Phone: 08 8367 2000

Any questions, complaints or claims regarding the Pre-Authorisation should be directed to Your Card Issuer.