Z Business Terms and Conditions
Updated: 7 February 2024
In these Z Business Terms and Conditions, unless the context requires otherwise:
The words “we”, “our” and “us” means Z Energy Limited and the words “you” and “your” means the Z Business Customer.
Authorised Person means a person to whom a Z Business Card is issued or who is otherwise authorised to use that Z Business Card. Z Business Customers are responsible for maintaining a list of Authorised Persons.
Card Limit means a limit, imposed by the Z Business Customer (or by us), on the value of the Products which may be purchased per day or per month using a Z Business Card.
Cardholder means the person presenting the Z Business Card at the point of purchase.
Courier Fee is the fee, if any, charged to cover the cost of couriering any Z Business cards to you, as advised by us from time to time.
Credit Limit means any limit that may be imposed by us from time to time on the value of the Products which may be purchased using Z Business.
GST means goods and services tax payable under the Goods and Services Tax Act 1985.
Management Controls means compulsory PIN entry and/or compulsory odometer entry.
PIN means personal identification number.
Postal Invoicing Fee is the fee, if any, charged to cover the costs of printing and postage if you choose to receive invoices via post (rather than via email), as advised by us from time to time.
Product Restriction means a limit or restriction, imposed by the Z Business Customer (or by us), on the type of Products which may be purchased using a Z Business Card.
Products means fuel products and other goods sold by a Z Business Merchant.
Terms and Conditions (or “Terms”) means these Z Business Terms and Conditions, together with any terms offered by us and accepted by you at the time of your application to use Z Business(whether by online application, paper application form, or otherwise), any other applicable terms on our website (z.co.nz), and any amendment of, or addition to, any of those terms pursuant to clause 18 of these Terms.
Working Day means Monday to Friday, excluding public holidays in New Zealand.
Z Business means our suite of products, services, and experiences for business customers, made available under the name “Z Business”.
Z Business Card means a card issued by us from time to time which is to be used to purchase Products under these Terms.
Z Business Customer means the applicable company or person(s) with whom we have agreed to provide access to Z Business.
Z Business Merchant means any outlet where we have authorised use of the Z Business Card.
2. Acceptance of Terms
(a) These Terms are a contract between you and us.
(b) You acknowledge that:
1. each Z Business Card is issued to you;
2. each Cardholder acts as your agent in using the Z Business Card;
4. Z Business is a card and credit service only and Z does not make any commitments about the Products availability or supply in these Terms; and
5. the first use of Z Business or a Z Business Card, or acceptance of these Terms during the Z Business application process (whichever is earliest), confirms your acceptance of these Terms.
3. Card Limits, Product Restrictions, and Credit Limits
(a) Your use of Z Business may have Card Limits, Product Restrictions, and merchant limits which may prevent a Z Business Merchant processing transactions from time to time. The Z Business Customer is responsible for setting such limits or restrictions and may amend such limits or restrictions on request to us (or via the “Z Business Online” service, if you have access to that service). We may also vary Card Limits or Product Restrictions from time to time.
(b) Card Limits are intended to prevent further transactions where the Card Limit has already been exceeded. However, you acknowledge that any Card Limit is not designed to prevent any transaction that, once accepted / processed, would result in the Card Limit being exceeded.
(c) Your use of Z Business may also be subject to a Credit Limit, which may be greater or smaller than any Card Limit or Product Restriction. We may vary the Credit Limit from time to time. You acknowledge that a Z Business Merchant might not process a transaction where the Credit Limit has been exceeded.
(d) Transactions that are processed manually may be subject to lower purchase limits and/or additional authorisation may be required from us.
4. Use of Z Business Card
(a) Z Business Cards may only be used to purchase the Products. Purchases may be made at a Z Business Merchant.
(b) When using a Z Business Card, each Cardholder must use their compulsory PIN or, if an electronic card processing system is down, sign their name in the space provided on the manual sales voucher provided by the Z Business Merchant. You are responsible for ensuring that Cardholders are aware of, and comply with, the Management Controls, Card Limits and any Product Restrictions.
(c) You acknowledge that having a Z Business Card issued with a vehicle registration number, or a driver’s name, written on the Z Business Card is for your convenience only, and not an additional security protection. The Z Business Merchant is not responsible for checking that the Z Business Card is only used in connection with the vehicle bearing that registration number or by the driver named on the Z Business Card.
5. Use of Z Business Card with the Z or Caltex App
(a) The Z and Caltex Apps support the use of Z Business Cards to pay for Products.
(b) Please note that registering a Z Business Card in each App creates a ‘card not present’ digital occurrence of the physical card. Before you use (or allow your Cardholders to use) a Z Business Card with the Apps, we strongly suggest you take some time to learn about the risks of using ‘card not present’ technologies. You should also carefully read section 7 of these terms (security and loss of Z Business Card).
(c) If you wish to opt-out of you and/or your Cardholders using Z Business Cards with the Apps, please contact us. You are responsible for contacting us to opt-out.
(d) When a Z Business Card is used to pay through the Apps, there is no ability for an odometer reading to be recorded, and no PIN is required.
(e) If you or your Cardholders use the Z or Caltex Apps, you must first accept the Z App terms and the Caltex App terms. Please read these terms carefully. They set out important information about how virtual payments work, the risks of doing so, and what Z will be liable for.
6. Ownership of Z Business Card
(a) Each Z Business Card remains our property at all times.
(b) You agree to return or destroy any Z Business Card issued to you when the relevant Z Business Card is cancelled or replaced, when we ask you to, or if your right to use Z Business is terminated.
7. Security and Loss of Z Business Card
(a) You must ensure that a PIN is set promptly for each Z Business Card on receipt and are responsible for advising each Cardholder how to set their PIN.
(b) You are responsible for ensuring the safe custody and authorised use of the Z Business Card(s) and PIN.
(c) In particular, you must not record the PIN on the Z Business Card or documents kept with the Z Business Card. If you need to give the PIN to more than one Cardholder, you are responsible for ensuring the PIN is communicated and recorded in a secure fashion.
(d) You must notify us immediately in accordance with clause 23 (Notice to Us):
1. on becoming aware that a Z Business Card is lost or stolen;
2. on becoming aware that the PIN has become known to someone who is not authorised to use a Z Business Card;
3. on becoming aware that the Z Business Card or PIN has been used in an unauthorised fashion;
4. on becoming aware that a digital occurrence of a Z Business Card (for example, Z Business Card details uploaded to the Z or Caltex App) has been used in an unauthorised fashion;
5. if the Z Business Card(s) have not arrived within five (5) Working Days of these being ordered.
(e) You will be liable for all transactions that occur up until we receive your notification under (d) above that a Z Business Card should be cancelled or suspended, even if those transactions were made by someone who was not authorised to use the Z Business Card.
8. Suspension and Cancellation
(a) We may cancel or suspend any Z Business Card or your right to use Z Business at any time without notice.
(b) You may suspend or cancel any Z Business Card or terminate your use of Z Business at any time by giving notice to us by phoning 0800 ZENERGY (0800 936 374) or emailing email@example.com.
(c) If all of your Z Business Cards are cancelled or suspended, or your use of, or right to use, Z Business is terminated, whether by you or us, you must:
1. pay any outstanding balance associated with your use of Z Business upon invoice from us; and
2. promptly destroy all Z Business Cards in your possession or control.
(a) The price(s) charged for the Products will be the retail price(s) charged by the Z Card Merchant at the time of purchase unless:
1. otherwise agreed between us and you in writing; or
2. we notify you in writing of a different pricing methodology that will apply to certain Products.
(b) If we have agreed a different price(s) with you, or notified a different pricing methodology to you, those price(s) will be subject to the terms of our agreement with you or our notification to you. Unless otherwise agreed with you, we may change those agreed different price(s) or the applicable pricing methodology at any time by giving you at least 14 days’ notice.
(a) You must pay the following fees upon invoice from us:
1. any applicable Postal Invoicing Fee; and
2. any applicable Courier Fee.
(b) We will charge you a Postal Invoicing Fee only if you elect to receive postal invoicing from us, and will charge you a Courier Fee only if you elect for us to send you a card via courier.
(c) We will give you written notice of any change to the Postal Invoicing Fee, and will notify you of the Courier Fee at the time you make a request for us to send you a card via courier.
(d) Fees are non-refundable.
11. Taxable Supply information (tax invoices)
(a) We will send your taxable supply information and statement in respect of your use of Z Business at regular intervals, or as otherwise agreed. The taxable supply information will detail:
1. the total amount of any purchases;
2. any applicable Postal Invoicing Fee;
3. any applicable Courier Fee;
4. the GST payable; and
5. any additional fees owing under these Terms and Conditions, including for example a dishonour fee.
(b) You are responsible for checking the taxable supply information to ensure its accuracy and advising us of any error or discrepancy. If you do not notify us of any errors or discrepancies within 90 calendar days of the date of the invoice, you will be deemed to have accepted the accuracy of the invoice.
(c) You must pay the amount shown on the taxable supply information by means of an automatic bank direct debit, on the date indicated on the taxable supply information. The entire debit balance of amounts due to us becomes immediately due and payable in the event of your bankruptcy, receivership, administration, or insolvency.
(d) We may from time to time review and/or audit any amounts invoiced in respect of your use of Z Business to determine whether those amounts were correctly calculated. If any review or audit finds that any amount has been incorrectly invoiced, we may invoice or credit you for the balance.
12. Dishonour of Direct Debit
If the direct debit we initiate on your bank account is dishonoured we may re-present the direct debit initiated on your bank account. At the absolute discretion of Z, we may charge a dishonour fee if your bank account is dishonoured.
In addition to our rights under clauses 11 and 12, if you do not pay an invoice when due, you agree that we may:
(a) immediately take steps to prevent further use of Z Business and any Z Business Card.
(b) undertake activities in order to recover the amount of debt in which case you will be liable to us for any internal or external expenses, costs or disbursements (including legal fees and collection commissions) we incur in recovering amounts you owe us; and/or
(c) in circumstances where your Z Business account has been active for six months or less and at least 3 separate invoices have been dishonoured or not paid, automatically terminate your Z Business account without any notice.
14. Promotional credits
If we credit your Z Business account in connection with a promotion or other special offer, this credit may only be used to purchase the Products. If your Z Business Card is cancelled or suspended, or your use of, or right to use, Z Business is terminated in accordance with clause 8 and any such credit remains in your Z Business account at that time, this amount will not be paid out to you in cash.
15. Resale restriction
Unless and except to the extent otherwise agreed between us and you in writing, you must not:
(a) promote, resell, or pass on the use or any pricing benefit of Z Business to your related entities or any third parties; and/or
(b) represent or otherwise imply that you are reseller or promoter of Z Business Cards or any Z Business service or that you are otherwise entitled to pass on any pricing benefit of Z Business to your related entities or any third party.
(a) The information we provide in the tax invoice and statement and any other reports we supply to you is confidential to us and is supplied to you on the express condition that such information and all rights and interest thereto remain our property.
(b) You may not part with, copy or disclose such information in whole or in part to any party, or use it for any purpose, other than which was intended, without our written consent.
17. Inability to Supply Products
We are not responsible for any loss or inconvenience which may be caused if we or any Z Business Merchant are/is unable to supply your requirements for Products at any particular time or place.
18. Liability and Indemnity
(a) To the extent permitted by law, we:
1. are not liable to you for any failure or delay in performance of our obligations under these Terms arising out of any event or circumstance beyond our reasonable control;
2. will not be liable for any loss, damage, or cost (whether in contract, tort (including negligence) or otherwise, and whether direct or indirect) you or any third party suffer in connection with Z Business. This includes any such loss, damage or cost in relation to fraudulent use of Z Business or any use of a Z Business card that has been lost or stolen. To the extent permitted by law, we also exclude any condition or warranty that could be implied into these Terms;
3. will not be liable for fraudulent activity occurring on a stolen card as a result of an unsecured mailbox.
(b) Some laws contain non-excludable warranties, guarantees or other rights. These Terms do not in any way exclude or restrict any non-excludable or modifiable statutory rights or benefits you may have.
(c) To the extent permitted by law, you will pay us for all loss, damage or costs arising out of or in connection with:
1. any breach by you or any of your employees, staff, subcontractors, or agents of these Terms; and/or
2. your negligence or the negligence of any of your employees, staff, subcontractors, or agents, except to the extent that such loss or damage is contributed to by us.
(d) If you have incurred any liability to us, whether under these Terms, any other agreement
with us or by operation of law, we may, without notice, set off the amount of that liability
against any sum which would otherwise be due to you under these Terms or any other
agreement between you and us.
19. Changes to these Terms or offers
We may change, delete, or supplement these Terms and/or any offer associated with your use of Z Business from time to time by giving you written notice or by publishing the changes on our website (z.co.nz).
20. Change in Your Details
(a) You must notify us of any change to your name, registered office or your principal place of business, address details (including address details associated with any Card), or of any change in your directors (if you are a company) or officers (if you are a registered charity) as soon as possible upon a change being effected.
(b) You acknowledge and agree that you are responsible for all expenses and/or fees incurred in relation to your use of Z Business where we have relied on information provided by you, and you have not notified us that such information is out-of-date or needs to be changed. We are not liable to you for any loss suffered where that situation occurs.
21. Change of Bank Account
If there is any change to any bank account upon which a direct debit authority is held by us, you must give us not less than five Working Days’ notice by phoning 0800 ZENERGY (0800 936 374) or emailing firstname.lastname@example.org and arrange for a new direct debit authority with us before your next payment due date if so required.
22. Notice to you
(a) When we give notice to you under these Terms, we will give notice by post or email to the most recent address/email address notified to us or, where clause 18 applies, we may give notice by publishing changes on our website instead. Where we give notice by post, you will be deemed to have been notified on the date of postage. Where we give notice by email, you will be deemed to have been notified on the date the email is sent.
(b) The first use of a Z Business Card or any Z Business service after a change is published or notice of change is given, indicates your acceptance of any such changes.
23. Notice to Us
Where you give notice to us under these Terms, you must give notice either by phoning 0800 ZENERGY (0800 936 374) or emailing email@example.com or, if you have login access to our “Z Business Online” website service, through Z Business Online. The notice shall not be effective until we receive it.
24. Consumer Guarantees Act
Z Business is a product intended to be used for business purposes. To the extent you are in trade and are using Z Business in trade, you acknowledge and agree that the provisions of the Consumer Guarantees Act 1993 do not apply.
25. Taxes and Duties
(a) Unless precluded by legislation, we reserve the right to invoice you for any government rates, taxes or charges (excluding GST) which now are, or which in the future may be, imposed or charged upon your use of Z Business transactions, whether or not you are primarily liable for the impost or charge.
(b) For the avoidance of doubt only, our rights under clause 25(a) above shall include the right to recover from you any regional fuel tax where we are or become liable for such tax by virtue of section 65P of the Land Transport Management Act 2003 (or otherwise).
(c) You acknowledge and agree that in terms of any amounts that may become due under clause 25(b) above, we may elect (in our sole discretion and without limitation to any other rights or remedies that we may have) to recover the same from you:
1. by invoicing you for the amount; or
2. as a debt due in any court, and you indemnify us in relation to any such amounts that become due and all and any costs which we incur in recovering or seeking to recover the same from you.
(c) Where you apply to use Z Business and quote your membership or relationship with another organisation with whom we have a separate agreement in relation to Z Business (a Z Business Promoter), you acknowledge and consent to personal information obtained:
1. by us about you and your Cardholders being made available to the Z Business Promoter and to the Z Business Promoter collecting that information from us; and
2. by the Z Business Promoter about you and your Cardholders being made available to us and to us collecting that information from the Z Business Promoter.
27. Electronic transactions, messages, and communications
You consent to receiving:
(a) communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing; and
(b) commercial electronic messages from us from time to time in connection with your use of Z Business and agree that those messages do not need to include a functional unsubscribe facility. You agree to be bound by any agreement reached through electronic communications in terms of the Contract and Commercial Law Act 2017.
28. Complaints resolution
If you have a complaint about Z Business, please contact us.
29. Contacting us
Z Energy Limited
3 Queens Wharf
P O Box 2091
Phone 0800 ZENERGY (0800 936 374)