Cardholder Agreement – Mobile Wallet

13 March 2024

By adding your corporate card to this digital wallet, you agree that your use of the digital wallet will be subject to the terms of use that apply to your corporate credit card as provided to you by WEX. You will also be subject to these terms and conditions, so please ensure that you read these terms and privacy policy carefully, to understand how we collect and use your personal data. Not all corporate cards are eligible to be added to this digital wallet.
For information about how we process your personal data, we refer to our Privacy Policy at https://www.wexinc.com/privacy-policy/. To the extent permitted by applicable law, we reserve the right to restrict, suspend, cancel or discontinue your right to use the digital wallet at any time without notice. These terms and conditions and its interpretation shall be governed by the laws of Australia. The courts of Australia shall have exclusive jurisdiction to determine any claim arising out of or in connection with this agreement.

1. Generally: This is the Cardholder Agreement that sets forth the terms of your corporate cardholder account (the “Account”) with WEX (the “Issuer”). Your Account has been established at the request of your company in connection with a corporate card account agreement between the Company and Issuer (the “Company Agreement”). Please read this carefully and keep it for your records.
2. Definitions: In this Cardholder Agreement, the word “Company” refers to the corporation, partnership, proprietorship or other entity that has entered into the Company Agreement pursuant to which your Account has been established.
3. Accepting This Cardholder Agreement: Your use of the digital wallet (incorporating the Card) and/or your maintenance of the Account confirms your acceptance of the terms and conditions of this Agreement, as amended from time to time. You also agree to abide by all terms, conditions, covenants and agreements applicable to the use of your Account and Card, including, but not limited to, any agreement you may enter into with us or the terms and conditions contained on your Card and on any other documents provided to you.
4. Using Your Card and Account: You may use your Card and Account in your digital wallet to purchase goods or services (“Purchases”) (each, a “Transaction”). Except as otherwise required by applicable law, we will not be responsible for any merchandise or services purchased using your Card or Account.
5. Denial of Transactions: We are not liable for the refusal of any merchant to accept or honour the Card for any reason, including the inability to obtain authorization for a Transaction or for any failure to complete a Transaction. We also reserve the right to deny authorization of any Transaction for in our sole discretion.
6. Business Purpose: You agree not to use your Card or Account for any Transaction that is primarily for personal, family or household purposes.
7. Illegal Transactions: You agree to use the Card only in accordance with Company’s policies and procedures, including, but not limited to, any procedures relating to the submission of expense reports. You may not use your Card or the Account as payment for any Transaction that is illegal, such as online gambling transactions.
8. Credit Line: We may establish a credit line for your Account (the “Credit Line”). Your Credit Line is shown in the digital wallet containing your Card. You agree that we may change or cancel your Credit Line at any time without affecting your obligation to pay amounts that you owe under this Cardholder Agreement.
9. Account Credits: You agree to accept credits to your Account instead of cash refunds when adjustments are made to your Account for any reason.
10. Your Account: You authorize us to pay and charge your Account for all Transactions made or obtained by you or anyone you authorize to use your Card or Account. Except as set forth under Section 11 below, you promise to pay us for all these Transactions, plus any charges or other fees that you may owe us under the terms of this Cardholder Agreement. Unless otherwise arranged between the Company and us, any charges and fees that we may assess will be added to your Account and treated as a Transaction.
11. Liability: Monthly billing statements for your Account will be sent to you and you are responsible to make payments to us each month in the amount of the New Balance shown on the statement. Issuer will begin to assess late fees on the first day following the date a payment is due and is not posted to the Account. The Company may also receive consolidated spending reports showing all activity occurring on your Account.
12. Frequency of Periodic Billing Statements: We will send a billing statement to you and/or the Company at the end of each billing cycle. The length of the billing cycle will be determined pursuant to the Company Agreement. Among other things, unless otherwise agreed upon between the Company and us, your billing statement will show the amount of your Payment Due, your Credit Line and the Payment Due Date. A duplicate of your billing statement may be provided to the Company.
13. Unauthorized Use of Your Card or Account: If your mobile including your digital wallet is lost or stolen or if you are afraid someone may use your Card or Account without your permission, you must notify us immediately. You may be liable for the unauthorized use of your Card or Account. You will not be liable for unauthorized use that occurs after you notify us of the loss or theft of your Card or the possible unauthorized use of your Card or Account either in writing or by calling us. We may terminate or limit access to your Card or Account if you have notified us or we have determined that your your mobile including your digital wallet may have been lost or stolen, or that there may be unauthorized access to your Account.
14. Default: Your Account will be in default, and we may demand immediate payment of the entire amount you owe us without giving you prior notice, if:
(a) we do not receive your Payment Due by the Payment Due Date;
(b) you charge Transactions in excess of your Credit Line;
(c) you fail to comply with this Cardholder Agreement;
(d) there is a filing for your bankruptcy;
(e) you die or become incapacitated;
(f) your employment with the Company is terminated;
(g) the Company Agreement is terminated;
(h) the Company requests us to cancel your Account; or
(i) we believe in good faith that the payment or performance of your obligations under this Cardholder Agreement is impaired for any other reason.
15. Amendments: We can amend the terms of this Agreement at any time. We will notify you of what these amendments are as required by applicable law. Subject to the requirements of applicable law, any amendment to this Agreement will become effective at the time stated in our notice to you and, unless we specify otherwise, the amended terms of this Agreement will apply to all outstanding unpaid indebtedness on your Account as well as new Transactions.
16. Termination and Limitation of Rights: Notwithstanding any other provision contained in this Agreement, we may terminate your privileges under this Agreement or limit your ability to make Transactions at any time (and list your Account in warning directories) without notice or liability.
17. Assignment: You may not assign your Account or your rights, responsibilities or obligations under this Agreement to any other person or entity. We may at any time and without prior notice to you (unless required by applicable law) assign your Account, any sums due on your Account, this Agreement or our rights or obligations under this Agreement to any other person or entity. The person(s) or entity(ies) to whom we make any such assignment shall be entitled to all of our rights under this Agreement, to the extent assigned.
18. Severability. If any provision(s) of this Agreement shall for any reason, including under any applicable law, be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
19. Governing Law: This Agreement is governed by and construed in accordance with the laws of Victoria, Australia.
20. Notices: We will send statements and any other notices to you or the Company at the address shown in our files.