BP Plus Application

Application Checklist In order for us to proceed with this application, the following sections must be completed:

Please ensure you sign and return Account details BP Plus Card Order Form BP Direct Debit Request Form Acceptance of Terms & Conditions Credit Check Consent Deed of Guarantee & Indemnity

Email:

Scanned and sent to [email protected]

Fax:

1800 358 692

Mail:

BP Plus Sales Team BP Australia Reply Paid 5222 Melbourne VIC 8060

BP Australia Pty Ltd ABN 53 004 085 616

BP Plus Application Checklist

1.0

BP Plus Application

Account Details Type of Entity: (Please tick one)

Company

Partnership

Sole Trader

Other

Legal Entity Name: (The Customer): ABN:

ACN: (If applicable) Trading Name: (If different from above) As Trustee for: (If applicable) BP Plus Online Contact Person:

Parent Company Name: (If applicable) Street Address:

Postcode: Postal Address: (If different from above) Business Telephone Number:

Private Telephone Number:

Facsimile Number:

Email Address:

Description of Main Business:

Estimate of Annual Fuel Usage: ,

$ Date Business Commenced:

D

D

M

Litres M

Y

,

Y

Promotional code: (Optional)

BP Australia Pty Ltd ABN 53 004 085 616

BP Plus Application

2.0

BP Australia Pty Ltd ABN 53 004 085 616

BP Plus Card Order Form 3F

1F

1B

1E

All Fuels and Oil only

5E

3E

Diesel and Oil only

1C

1G All Fuels, Oil and Carwash only 1A

1A

All Fuels, Oil and All non-fuels

1G

1C All Fuels, Oil, Shop, Diner and Carwash

3E

5E

Unleaded and Oil only

1E

3F

Diesel only

2E

2E

Security Options*

* In accordance with BP Plus Terms and Conditions, a PIN is mandatory on all cards. Signature panel is optional. ^ Includes Service & Repairs, Tyres, Batteries, Parts. #For a full list of available BP Plus Purchase Options contact BP Customer Service on 1300 1300 27

10

9

8

7

6

5

4

3

2

1

e.g. Red Falcon Sedan 845 ATG

95715AB

Appears on Card and Fleet Control Report

Appears on Fleet Control Report

QLD Sales

(max. 8 characters)

(max. 10 characters)

(max. 20 characters)

Optional

Optional

Driver Name or Vehicle colour, model, body type and vehicle registration

1B

1F

All Fuels only

Purchase Options#

All Fuels, Oil, Maintenance, Diner and Carwash

Reference No

Cost Centre

Card Details

Unleaded and Oil only

Postcode:

PIN

Card Delivery Address (if different from account address):

Signature

Company name to appear on the card (max. 25 characters)

BP Plus Application

BP Plus Card Order Form

3.0

BP Plus Application

BP Direct Debit Request Form Request for debiting amounts to accounts by the direct debit system. This form is mandatory.

Today’s Date: Your name in full: Surname, Company Name, or Business Name

D

D

M

M

Y

Y

Y

Y

I/We

Given Name or ABN Please read these terms: request you, until further notice in writing, debit my/our account described in the schedule below, any amounts which BP AUSTRALIA PTY LTD ABN 53 004 085 616 (“the User”), User ID number 658, may debit or charge me/us through the Direct Debit System. I/We understand and acknowledge that: 1. This direct debit arrangement is governed by the terms and conditions of the BP Direct Debit Client Service Agreement received by me/us and I/we have read and understood those terms and conditions. 2. The User may in its absolute discretion at any time by notice in writing to me/us, terminate this request as to future debits. 3. The User may by prior arrangement and advice to me/us, vary the amount or frequency of future debits Customer Signature(s) (If joint account all signatures may be required): Customer address:

Name of bank account: BSB Number:

-

Account Number: Official Use Only Reference No

Note: Direct Debiting is not available on the full range of accounts. If in doubt please refer to your Financial Institution. Bank account only.

BP Australia Pty Ltd ABN 53 004 085 616

BP Direct Debit Request Form

4.0

BP Plus Application

BP Plus Acceptance of Terms and Conditions I/We agree that on the making of this Application, I/We agree to be bound by the Terms and Conditions of use of the BP Card attached hereto (for additional copies of the Terms and Conditions contact BP Customer Service Centre on 1300 1300 27 or visit www.bpplus.com.au). I/We have read and understood the Terms and Conditions of use of the BP Card attached hereto and agree that, subject to BP’s acceptance of this application, those conditions will apply. BP reserves the right to accept or reject the application in its absolute discretion. I/We declare that the information provided on, or pursuant to, this application is true and correct in every particular and it is upon this basis that BP is to determine whether or not to grant this application. I/We being the person(s) named as the Customer or where the Customer is a corporation, being the directors of the Customer as specified in this application authorise BP to make any enquires

(including obtaining a credit report) concerning my/our credit worthiness or as to the accuracy of the information provided in this application and consent to any credit report concerning me/us being made available to BP for the purpose of assessing this application for credit and/or my/our acceptability as a guarantor and authorise BP to exchange or disclose any information concerning my/our credit worthiness or this application from or to any person or source and acknowledge that all or some of the information may be disclosed to a credit reporting agency within the meaning of the Privacy Act 1988 as amended. I/We further authorise BP to make any additional periodic checks that it sees fit to continue its assessment. You also confirm that any telephone contact numbers you have given us are business related telephone numbers and that you consent to BP using these telephone numbers to contact you.

1. Name of Customer/Director/Partner:

2. Name of Customer/Director/Partner:

Job Title:

Job Title:

Street Address:

Street Address:

Previous Address:

Previous Address:

Date of birth:

Date of birth:

Drivers licence:

Drivers licence:

Signature:

Signature:

Date:

Date:

BP Australia Pty Ltd ABN 53 004 085 616

BP Plus Acceptance of Terms and Conditions

5.0

BP Plus Application

BP Plus Credit Check Consent As part of BP’s process for assessing and approving the BP Plus Card Applicant’s BP Plus Card application, BP completes a credit check for each director, partner or owner of the BP Plus Card Applicant. Before BP can undertake a credit check for each of these individuals, BP must obtain the individual’s consent. BP uses the personal information that has been provided during the BP Plus Card application to enable BP to undertake a credit check for each individual who signs below (‘you / your’). Please sign the credit check consent provided below to confirm your consent for BP to: 1. provide to a credit reporting agency personal information about you contained in the BP Plus Card Application or otherwise acquired by BP and which is permitted to be kept on a credit information file; 2. produce the BP Plus Card Application and your reply to this email, or a reproduction of each, as evidence of an application for a BP Plus Card and of the acknowledgements, authorisations and declarations contained in that application; 3. obtain a consumer credit report containing information about you from a credit reporting agency for the purpose of: a. assessing your credit worthiness; b. assessing the BP Plus Card Applicant’s application for a BP Plus Card; c. collecting overdue payments relating to commercial credit provided by BP to the BP Plus Card Applicant; and

6. use your personal information for additional purposes including planning, product development, partner offers and research; and 7. to our related entities and service providers including bankers, electronic interface switch providers, roadside assist service providers, printers, insurance companies, mail houses, solicitors, auditors, professional advisers and debt recovery agents with whom BP have a contract such of the personal information as is necessary by BP to enable BP to the BP Plus Card Applicant’s BP Plus Card account. Credit Check Consent By signing your name below, you agree and provide your consent to the terms of the credit check stated above. Important: You should not sign this declaration unless this credit agreement is wholly or predominantly for business or investment purposes. By signing this declaration you may lose your protection under the Consumer Credit Code.

d. administering the BP Plus Card Applicant’s BP Plus Card account. 4. exchange information about you with any credit providers named in the BP Plus Card Application or named in a consumer credit report issued by a credit reporting agency: a. to assess the application for credit by you or the BP Plus Card Applicant; b. to notify other credit providers of a default by you or the BP Plus Card Applicant; c. to exchange information with other credit providers as to the status of the BP Plus Card Applicant’s BP Plus Card account where the BP Plus Card Applicant or you are in default with other credit providers; or d. to assess the BP Plus Card Applicant’s or your credit worthiness; and you understand that the information exchanged can include anything about your credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988 (CT);

Signature of Director/Sole Trader/Partner:

Print Full Name of Director/Sole Trader/Partner:

Date:

If your business has two or more authorised signatories please print additional copies of this document as required and complete.

5. exchange information about you with your nominated referees;

BP Australia Pty Ltd ABN 53 004 085 616

BP Plus Credit Check Consent

6.0

BP Plus Application

BP Plus Deed of Guarantee & Indemnity Important notice: This is a personal guarantee and will affect your personal rights. This Deed of Guarantee and Indemnity (‘Guarantee and Indemnity’) makes you liable for all monies owing by the Customer to BP under any agreement between themselves or with other persons. BP recommends that you seek independent financial and legal advice before signing this Guarantee and Indemnity. By signing below I (‘Guarantor’) confirm that I have read and fully understand the terms and conditions of this Guarantee and Indemnity that are set out below my signature, I have considered the need to obtain independent financial and legal advice and, if I have obtained such advice, I have taken any such advice into consideration and that my signature confirms my acceptance of the Guarantee and Indemnity terms and conditions.

Deed of Guarantee & Indemnity Acceptance Important Notice: This will affect your personal rights. A Director cannot witness another director’s signature and dates supplied for signature of Guarantor and signature of Witness must be the same. Signed as a Deed Signed Sealed Delivered Signature of Guarantor

Signature of Witness

Date:

Date:

Full Name of Guarantor (Print):

Full Name of Witness (Print):

Residential Address of Guarantor (Print):

Residential Address of Witness (Print):

If your business has two or more directors please print additional copies of this document as required and complete. Subject to BP accepting the BP Plus Card Application, I agree (and where there is more than one guarantor, jointly and severally with those other guarantors) as follows: 1. The Guarantors unconditionally and irrevocably guarantee to BP: (a) punctual payment of all sums of money, interest and damages now or in the future owing, (actually or contingently), by the Customer to BP. (b) punctual performance and observance of all of the Customers obligations to BP, including obligations arising under the terms and conditions for use of the BP Plus Card (‘Terms and Conditions’), in particular but without limitation, clauses 12, 13, 14 and 19 of the Terms & Conditions; (together the ‘Guaranteed Obligations’). 2. The Guarantors irrevocably indemnify BP against all liability, damage, loss and expense which it incurs now or in the future because the Applicant does not meet its Guaranteed Obligations. BP Australia Pty Ltd ABN 53 004 085 616

3. This document is a continuing guarantee for the whole of the Guaranteed Obligations, and the Guarantors’ obligations (as guarantor, indemnifier or otherwise) and BP’s rights will not be affected in whole or in part by anything which might abrogate, prejudice or limit them or the effectiveness of this Guarantee and Indemnity, including without limitation, any of the following: (a) any release, termination, variation, or assignment of the Guaranteed Obligations; (b) the Terms and Conditions being void, voidable or otherwise unenforceable by BP in accordance with its terms or BP being stopped from receiving the performance and observance of the Guaranteed Obligations from the Applicant; (c) the granting of any forbearance, time or other indulgence to or the making of any composition, comprise or arrangement with or the BP Plus Deed of Guarantee & Indemnity

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BP Plus Application

discharge or release of any Guarantor or the Applicant;

of the matters certified.

(d) the failure by any director of the Applicant or any other person intended to be a guarantor to sign or otherwise become bound by this Guarantee and Indemnity;

8. Any demand or notice under this Guarantee and Indemnity may be signed by BP or on behalf of BP by an attorney, director, secretary, manager or officer of BP or BP’s solicitors and without prejudice to any other lawful mode of service, may be served by delivering it to a Guarantor at the address set out in this Guarantee and Indemnity or by posting it to that address or the Guarantor’s residence or place of business last known to BP. If posted, a notice or demand will be deemed to have been served on the day following the date of posting, but the making of a demand shall not be a condition precedent to the Guarantors’ liability under this Guarantee and Indemnity.

(e) the death, administration or mental illness of any Guarantor; (f) the fact that no demand for the performance or observance of the Guaranteed Obligations has been made on a Guarantor or the Applicant; (g) any act or omission of BP which prejudices a Guarantor. 4. The Guarantors’ obligations under this Guarantee and Indemnity are primary obligations. BP is not obliged to proceed against or enforce any other security or any other right against the Applicant or demand payment from the Applicant before it is entitled to enforce the Guaranteed Obligations. 5. This Guarantee and Indemnity shall not apply in respect of any obligations of the Applicant under any regulated credit contract within the meaning of the Uniform Consumer Credit Code or any Act of any State or Territory of Australia which corresponds thereto. This Guarantee and Indemnity shall be limited in respect of every sale or lease to which Part IV of the Goods Act 1958 (Victoria) or the corresponding provisions of any applicable Act in any State or Territory of Australia apply and in respect of which the Applicant is the buyer or lessee so that the liability of the Guarantors in relation to the performance of those obligations does not include liability in respect of that sale or lease in excess of the amount for which the Applicant is liable by reason of the breach of that sale or lease and the reasonable costs of and incidental to enforcing this Guarantee and Indemnity. 6. The Guarantors will indemnify BP and pay to BP on demand any and all expenses incurred by BP in relation to any enforcement of this deed or the Terms and Conditions, or the exercise, preservation or consideration of any rights, powers or remedies under this deed or the Terms and Conditions and including in each case, legal costs and expenses on a full indemnity basis and the costs of any agents or contractors acting on BP’s behalf in respect of any recovery or attempted recovery of an amount due by me/us or the Applicant to BP. 7. A certificate by BP relating to this Guarantee and Indemnity is, in the absence of manifest error, conclusive evidence against the Guarantors

BP Australia Pty Ltd ABN 53 004 085 616

9. If a Guarantor resigns as a director of the Applicant, that Guarantor must deliver to BP a copy of the relevant notice filed with the Australian Securities and Investments Commission. The Guarantor shall remain a guarantor unless BP in its absolute discretion elects to release that Guarantor from any future liability under this Guarantee and Indemnity. 10. No Guarantor will be entitled to set off any amount due from BP to the Applicant in diminution of the Guaranteed Obligations. 11. Each Guarantor acknowledges that they have been given the opportunity by BP to seek independent legal and commercial advice prior to executing this Guarantee and Indemnity. 12. If payment of any amount owing by me/us to BP is not made by the due date, I/we agree to pay on demand simple interest on the amount due at a rate equal to the rate prescribed as at the due date under the Penalty Interest Rates Act 1984 (Victoria) calculated daily by BP on the principal amount due, payable from the due date. 13. This deed shall be governed by and interpreted in accordance with the laws of Victoria. I/We irrevocably submit to the jurisdiction of the Courts of Victoria and waive any objection to such venue and any claim that an action has been brought in an inconvenient forum. 14. If GST is imposed on any supply made under or in accordance with this deed, I/we will pay to BP an amount equal to the GST payable on or for the taxable supply, subject to me/us receiving (if required by law) a valid tax invoice in respect of the supply at or before the time of payment. Payment of this amount must be made at the same time as payment for the taxable supply is required to be made in accordance with this deed.

BP Plus Deed of Guarantee & Indemnity

7.1

BP Plus Application

BP Plus Privacy Policy Personal Information held by BP Australia Pty Limited (ABN 53 004 085 616) and its related companies in Australia (“BP”) will be collected, secured, maintained, used and disclosed in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”), the Australian Privacy Principles (“APPs”) and this Privacy Policy. This Privacy Policy broadly outlines how BP will collect and manage Personal Information (as defined below), the steps it will take to protect it, how an individual can access Personal Information BP holds and what they can do if they are unhappy with BP’s management of Personal Information.

Acknowledgement This Privacy Policy is published on BP’s website, www.bp.com.au, and may be updated from time to time at BP’s discretion. By continuing to use the website, or otherwise continuing to deal with BP, you accept this Privacy Policy as it applies from time to time. What is Personal Information? “Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is in a material form or not. The types of Personal Information that BP collects from an individual will depend on the circumstances in which the information is collected. Generally, the types of Personal Information that BP collects include name, date of birth, gender, financial details (such as credit card details) and contact details. If an individual applies for employment at BP or is a BP contractor, BP may also collect information relevant to the application or engagement including qualifications, resume, bank details, tax information, family details and reference information. What is not Personal Information? Information where BP has removed any reference to an individual will not be Personal Information, provided that the identity of the individual can no longer be ascertained. What Personal Information does this Privacy Policy apply to? This Privacy Policy applies to all Personal Information that BP now holds or may in the future collect. Dealer owned and operated BP franchised service stations are responsible for their own privacy practices. Use of Personal Information by those dealers will be governed by the respective privacy policies of those dealers. Where applicable, BP will handle Personal Information relying on the related bodies corporate exemption and the employee records exemption in the Privacy Act and any other applicable exemptions in the Privacy Act or other legislation. This Privacy Policy generally does not apply to BP employees. Personal Information BP collects and holds

• directly from individuals when they provide Personal Information to BP or its agents or contractors, for example when the individual is involved in acquiring goods or services from BP or supplying goods or services to BP; • directly from individuals via BP websites (including social media pages), service centres or call centres; • directly from individuals when they enter a trade promotion or competition; • from publically available sources; • from related companies; • from third parties, for example service providers who assist BP to manage consumer relationships; and • via security video surveillance at BP sites. Where reasonable and practical, BP will collect Personal Information directly from the individual and inform the individual that this is being done. BP does not generally require individuals to disclose “Sensitive Information”, for example information about an individual’s race, religion, sexual orientation or beliefs. If an individual discloses sensitive information to BP for any reason, that individual consents to BP collecting the information and using and disclosing it for the purpose for which it was disclosed and as permitted by the Privacy Act and other relevant laws. Unsolicited Personal Information If BP receives Personal Information where it has taken no steps to collect the information, then within a reasonable time it will decide whether it could, under the APPs, have solicited that Personal Information itself. If BP determines that it would not, under the APPs, have been permitted to solicit the Personal Information, BP will as soon as practical (where lawful and reasonable to do so) destroy or de-identify that unsolicited Personal Information. If BP could, under the APPs, have solicited the Personal Information then BP may use and disclose the Personal Information for the purpose for which it was disclosed and as permitted by the Privacy Act and other relevant laws.

BP collects Personal Information through various avenues in the course of conducting its businesses, including:

Use and Disclosure of Personal Information

BP Australia Pty Ltd ABN 53 004 085 616

BP Plus Privacy Policy

The purpose for which BP uses and discloses Personal Information will

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BP Plus Application

depend on the circumstances in which it is collected. Generally, BP may use or disclose Personal Information: • for the purposes for which it was collected; • for a related secondary purpose, if the use or disclosure could be reasonably expected (e.g. disclosure to a delivery contractor for the purpose of delivering goods ordered from BP); • for other purposes to which an individual has consented; and • as otherwise authorised or required by law. Specific purposes for which BP may use or disclose Personal Information include the purposes of: • supplying good or services to, or acquiring good or services from, an individual or organisation; • to improve BP’s products and services;

permitted under the Privacy Act and other relevant laws. Individuals who do not wish to receive such communications, can contact BP at [email protected] to modify their preferences, or follow the opt-out instructions contained in each marketing communication. Cookies BP uses “cookies” and similar technology on its websites and in other technology applications. The use of such technologies is an industry standard, and helps BP monitor the effectiveness of its advertising and how visitors use its websites/applications. BP uses such technologies to generate statistics, measure activity, improve the usefulness of its websites/applications and enhance the user experience. Individuals who prefer not to receive cookies can adjust their Internet browser to refuse cookies or warn when cookies are used. However, BP websites may not function optimally without cookies.

• responding to an enquiry by an individual;

When BP websites are accessed, BP may deliver customised information, including ads, to individuals based on the data stored in a cookie. Third party vendors may serve BP ads on Internet sites based on a user’s prior visits to BP websites and other Internet activity. BP may also use analytics data supplied by third party vendors to inform and optimise its ad campaigns.

• to administer a trade promotion or competition; and

Security of Personal Information

• to maintain security over BP premises and systems.

The security of Personal Information is important to BP and it takes reasonable steps to ensure that the Personal Information it holds is secure. However, except to the extent liability cannot be excluded due to the operation of statute, BP excludes all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of Personal Information. Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

• contacting individuals for marketing purposes; • considering an individual for a position (e.g. as an employee or contractor) at BP;

BP may disclose Personal Information locally and overseas to other parties including its related companies and to any agent, contractor or third party who provides administrative or other services to BP or its related companies. BP will, where commercially practical, require that any third party to whom Personal Information is disclosed will treat the Personal Information in a manner that is consistent with the APPs. BP may disclose Personal Information to third parties, such as law enforcement agencies or government authorities, without authorisation in some circumstances, in accordance with the APPs. BP will not sell Personal Information to a third party without the consent of the individuals to whom the Personal Information applies. BP may sell de-identified, aggregated data to third parties that cannot be used to specifically identify an individual.

Individuals should notify BP immediately if they become aware of any breach of security.

Disclosure outside Australia

How you can access and seek correction of your Personal Information which BP holds

In the ordinary course of business, BP may disclose Personal Information to third parties for use in the following countries: New Zealand, United States, United Kingdom, Malaysia, the Philippines, India. Personal Information held by BP may also be disclosed to companies in the global BP group for specific purposes on particular occasions. Those companies may be in any of a large number of countries around the world. Direct Marketing BP may send marketing communications in line with an individual’s previously expressed marketing preferences or as otherwise

BP Australia Pty Ltd ABN 53 004 085 616

Where Personal Information is no longer needed for any purpose for which BP is authorised to use it and there is no legal requirement for BP to keep it, BP will take reasonable steps to destroy or de-identify Personal Information.

An individual may request access to, or correction of, their Personal Information held by BP by sending a written request to the BP Privacy Officer – see the “Contact BP” section below. If an individual makes a written request for access to Personal Information held by BP, BP will respond to such request within 30 days and, where reasonable and practical, give access to the Personal Information in the manner requested by the individual. However, BP may refuse a request for access to Personal Information where it is legally entitled to do so and, where reasonable, it will provide the reasons for this.

BP Plus Privacy Policy

8.1

BP Plus Application

BP may require the person requesting access to provide suitable identification and, where permitted by law, may charge a fee for giving access to Personal Information in response to an individual’s request. The fee (if any) will be disclosed prior to providing the requested information and the costs being incurred. Any such fee will not be excessive and will relate to the reasonable costs incurred in responding to the request, not to making the request itself. BP will take reasonable steps to ensure that the Personal Information it collects is accurate, up-to-date and complete. Correction of Personal Information may be requested by contacting the BP Privacy Officer at the address set out in the “Contact BP” section below. If BP refuses to correct Personal Information in response to a request it will, where reasonable, provide a written notice setting out the reasons for refusal. In this situation an individual may request BP to append a statement to their Personal Information that there is a dispute as to its accuracy. Complaining about a breach of the APPs Complaints regarding a breach of the Privacy Act, the APPs or this Privacy Policy should be directed to the BP Privacy Officer – see the “Contact BP” section below. BP is entitled to verify the identity of the complainant and will reply to the enquiry within 30 days. If the complaint is not resolved in a manner acceptable to the individual the complaint may be submitted to the Office of the Australian Information Commissioner. For more information please refer to www.oaic.gov.au. Contact BP Please contact the BP Privacy Officer in relation to privacy matters: Email: [email protected] Mail: BP Privacy Officer BP Australia Pty Ltd GPO Box 5222 Melbourne VIC 3000 Changes /date of privacy policy BP reserves the right to review and update this Privacy Policy from time to time. This Privacy Policy was last updated on 1 March 2014. BP Data Privacy Rules In addition to the commitments set out in this privacy statement BP has created a set of global data privacy rules which apply to the processing of all Personal Information by BP. These privacy rules can be found at http://www.bp.com/content/dam/bp/pdf/BP_data_privacy_rules_public_ document_16April_2010.pdf

BP Australia Pty Ltd ABN 53 004 085 616

BP Plus Privacy Policy

8.2

BP Plus Application

BP Plus Terms and Conditions 1.

Terms and Conditions Binding.

You acknowledge and agree that by clicking on ‘I Agree’ at the bottom of this web page or by signing a BP Plus Card, or first using or attempting to use a BP Plus Card, You acknowledge acceptance of these terms and conditions and will ensure their observance by the Customer and Authorised Users until all Your BP Plus Cards expire, are cancelled or otherwise cease to be valid. You acknowledge that, in the event of such expiry, cancellation or invalidity, You continue to be bound by all obligations and liabilities incurred by You before such expiry, cancellation or invalidity. 2.

Definitions.

Unless the context requires otherwise: (a) Account means the BP Plus Card account opened by BP in Your name. (b) Agreement means these terms and conditions and any new or varied terms and conditions notified to You by BP from time to time. (c) Applicable Anti-corruption Laws means any anti-corruption Laws that are applicable to either the Customer or this Agreement, including the US Foreign Corrupt Practices Act and the UK Bribery Act. (d) Application means this website application form which is filled in by You and submitted to BP or any subsequent, application made by You which may be in writing, via the Internet or made verbally to one of our telephone operators. (e) Authorised User means persons authorised by You to use Your BP Plus Cards and is deemed to be Your agent. (f) BP means BP Australia Pty Ltd ABN 53 004 085 616 of Level 17, 717 Bourke St, Docklands, Victoria 3008. (g) BP Plus Card means a fuel card solution provided by BP and any other cards nominated by BP. (h) BP Motor Fuels means motor fuels including BP Ultimate, BP Unleaded with up to 10% renewable ethanol, Opal, unleaded and premium unleaded petrol, automotive LPG and diesel purchased by You under BP trade marks and third party purchased automotive LPG and other fuel products nominated by BP from time to time. (i) BP Plus Online means the BP internet facility of that name. (j) Credit Limit means the amount nominated as such by BP from time to time

of any of BP’s or BP’s suppliers’ sources of supply of crude petroleum or Product or the means of delivery of any Product or by any computer program or computer processor failure. (m) Nominated Person means a person nominated by You under clause 8. (n) Nominated Premises means premises nominated by BP from time to time as accepting BP Plus Card and which may vary for any reason without notice to You. (o) Nominated Vehicle means a vehicle nominated by You under clause 7. (p) Other Products and Services means products and services other than BP Motor Fuels nominated by BP as available on Your BP Plus Card at Nominated Premises. (q) PIN means personal identification number. (r) Product means BP Motor Fuels and Other Products and Services. (s) You or Your means the Customer. 3. Interpretation. In interpreting this Agreement: (a) headings are only for convenience and do not affect interpretation; (b) a word or expression indicating the singular includes the plural, and vice versa; (c) examples are descriptive only and are not exhaustive; (d) reference to any thing includes a part of the thing; (e) reference to including means ‘including without limitation’; (f) if the day on or by which any thing must be done is not a business day, then the thing must be done on or by the next business day; (g) a rule of construction does not disadvantage a party just because that party prepared the Agreement; (h) reference to an Agreement, document or instrument including any legally enforceable arrangement or understanding (whether or not in writing) includes all amendments, supplements to, replacements of, or notations of them; (i) references to a “liability” or “obligation” includes a present, future, actual, prospective or contingent liability or obligation. It may be incurred alone or with any other person. The amount may or may not be able to be determined;

(k) Customer means the Customer named in the Application. If more than one person is named, each shall be jointly and severally liable under this Agreement.

(j) reference to a person includes a body corporate, partnership, unincorporated joint venture and a government body or association; and

(l) Force Majeure means any event beyond the reasonable control of BP and includes, without limitation, riot, civil commotion, war, acts of terrorism, accident, shortened hours of labour, strikes, lockouts, compliance with a government request, storm, fire, Product shortage, or any discontinuance, whether total or partial, permanent or temporary,

4.

BP Australia Pty Ltd ABN 53 004 085 616

(k) a reference to legislation includes all legislation amending, consolidating, re-enacting or replacing it. BP Plus Card.

If BP accepts Your Application, BP will open an Account in Your name.

BP Plus Terms and Conditions - Effective 2nd Dec 2013

9.0

BP Plus Application

If You are a corporation, association, joint venture, government body or partnership the Account will be opened in the name of that entity. Upon opening the Account BP will, at BP’s discretion, issue the BP Plus Cards You applied for. If You ask BP to BP will, at BP’s discretion, make reasonable quantities of BP Plus Cards available for the Customer and Authorised Users to obtain Product at Nominated Premises. Reasonable quantities of additional and replacement BP Plus Cards may be available. Each BP Plus Card will be marked with Your name and identifying number. You must specify either a Nominated Vehicle (see clause 7 below) or a Nominated Person (see clause 8 below) on the BP Plus Card. The BP Plus Cards must also have a PIN which must be entered at time of purchase and/or a signature panel which must be signed by each Authorised User immediately upon receipt of the BP Plus Card. You declare that this Application, each BP Plus card and the Account Credit Limit are provided to You wholly or predominantly for business or investment purposes (or both purposes). 5.

Customer’s Purchases.

You declare that this Application, each BP Plus card and the Account Credit Limit are provided to You wholly or predominantly for business or investment purposes or both. You are deemed to purchase: (a) BP Motor Fuels from BP; and (b) all Other Products and Services from the operator of the Nominated Premises. To the full extent permitted by law, BP shall in no way be held liable in respect of any Product which is not deemed to have been purchased from BP under this clause. 6.

Credit Limit.

You must ensure that the Credit Limit is not exceeded. Any excess is immediately payable to BP as a debt due and owing on demand. BP reserves the right to suspend all of Your BP Plus Cards, without notice, until such time as any excess is paid and the account is within its Credit Limit. 7.

Nominated Vehicles.

If You specify a Nominated Vehicle the registration number and description will be embossed on the BP Plus Card. You and Authorised Users must only use the BP Plus Card in respect of the Nominated Vehicle. The Nominated Vehicle being a vehicle owned by Your business and/or used for Your business and/or investment purposes. If requested at the Nominated Premises, the Authorised User presenting a vehicle specific BP Plus Card must enter the appropriate PIN, state the registration number, provide a description of the Nominated Vehicle and sign the BP Plus Card docket or sales voucher. Supply of BP Motor Fuel on BP Plus Card must be into the running tank of the Nominated Vehicle. BP is not responsible for nor liable for verifying the Nominated Vehicle’s registration number and description embossed on the BP Plus Card with the vehicle at the time of purchase.

BP Australia Pty Ltd ABN 53 004 085 616

8.

Nominated Persons.

If You specify a Nominated Person, the Nominated Person’s name will be embossed on the BP Plus Card. The Nominated Person is an Authorised User and You agrees to pay for Product and credit supplied. The BP Plus Card may have a signature panel on the reverse which must immediately be signed by the Nominated Person and/or a PIN which must be entered by the Nominated Person at the time of purchase. Such BP Plus Cards must only be used by the Nominated Person. At the Nominated Premises, the person presenting the BP Plus Card may be required to sign the BP Plus Card docket or sales voucher and/or enter their PIN. 9.

Customer Responsibility.

You are responsible for all issued BP Plus Card’s and Customer Purchases and must ensure all BP Plus Cards are valid at the time of use, are in good physical working condition and all details embossed on the BP Plus Cards are correct at the time of purchase. You must monitor the use of all BP Plus Cards and ensure they are stored in a safe place. All PINs are to be kept confidential and only disclosed to Authorised Users. You must immediately destroy or return to BP all BP Plus Cards no longer used, expired, cancelled or otherwise invalid BP Plus Cards. For the avoidance of doubt, You are liable for all loss, damage or cost whatsoever, howsoever arising, in failing to comply with this clause. You must immediately notify BP by phone or in writing as soon as You or any Authorised User or Nominated Person believes that a BP Plus Card has been lost or stolen or used for an unauthorised transaction or if a BP Plus Card has not been received when due. In order for notification by phone to constitute a valid notice under these terms and conditions, You must immediately confirm to BP any notice given by phone to BP in writing. 10. Unauthorised Use. Except as expressly provided in this Agreement, You are responsible for and BP is not liable for any unauthorised use whatsoever of any BP Plus Card. If BP considers that a BP Plus Card has been used other than as permitted or contemplated by this Agreement, BP may at any time retain and/or suspend that BP Plus Card and forthwith cancel all privileges attached to that BP Plus Card and/or the account to which it relates. 11.

Supply of Product.

On presentation of a valid BP Plus Card, supplies of Product will be made available to You and Authorised Users at Nominated Premises, subject to hours of business and availability of supplies. To the fullest extent permitted by law, BP shall not be liable in respect of any loss, damage or cost whatsoever, however arising, under or in connection with this Agreement and, in respect of any liability which can not be so excluded, such liability shall be fully discharged by BP either (in its sole discretion): (a) supplying the Product; (b) resupplying that Product; or (c) supplying equivalent product or services. This clause can only be varied by a subsequent written agreement signed by BP and You. Without limiting the generality of this clause, if

BP Plus Terms and Conditions - Effective 2nd Dec 2013

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BP Plus Application

BP is prevented from or delayed in delivering any Product or service, or is otherwise prevented or delayed in performing its obligations under this Agreement by an event of Force Majeure, then BP’s obligations are suspended for the duration of the event of Force Majeure. BP will promptly notify You if an event of Force Majeure arises. In no circumstances shall BP be liable for any non-performance of or delay in performing it’s obligations under this Agreement if such delay or non-performance arises out of or is in connection with an event of Force Majeure. 12. Invalid BP Plus Card. BP may refuse to supply any of the Products in situations where a BP Plus Card produced at the time of purchase is invalid or damaged or an incorrect PIN or different signature is provided or the vehicle does not match the registration number and description embossed on the BP Plus Card. 13. Safety, Health and Environment. You agree to use Your best endeavours to minimise all material health, safety and environmental risks and to avoid adverse health, safety or environmental incidents whilst on the Nominated Premises. You must ensure compliance by Your Nominated Persons and Authorised Users. If in BP’s opinion You, a Nominated Person and/or Authorised User fails to comply with such requirements and/or endangers or threatens any site operator, property or operation of the site, BP has the right to refuse supply and/or entry of the offending party on its Nominated Premises. 14. Property and Loss. All BP Plus Cards remain the property of BP. You must immediately notify BP of any BP Plus Card lost, stolen, no longer required or subject to possible unauthorised use, by BP Plus Online or telephone . BP will take responsibility for unauthorised use once a BP Plus Card has been reported lost, stolen or cancelled. You must immediately destroy or return to BP all BP Plus Cards no longer used, expired, cancelled or otherwise invalid. 15. BP Contacts and Enquiries. The following contacts should be used for: (a) notification of lost or stolen BP Plus Cards or unauthorised use; (b) queries; (c) requests for new or replacement BP Plus Cards; and (d) notification of any change in Your contact details, bank account details, ownership,

(a) the value of BP Motor Fuels obtained on Your BP Plus Card, being the retail price charged at the Nominated Premises at the time of the transaction; (b) the value of Other Products and Services obtained on Your BP Plus Card, at the retail price charged at the Nominated Premises at the time of the purchase; (c) fees including transaction fee or monthly card fee as specified in Your current agreement with BP; and (d) government taxes, charges and duties including, without limitation, Goods and Services Tax at the rate prevailing at the time of the taxable supply. 17. Payment. BP will periodically make available a fleet control report and/or statement of Your BP Plus Card transactions and any fees or charges for the relevant period. BP may make the fleet control report and/or statement available to You by any means it deems appropriate including by electronic means. You must pay the stated amount due by the specified due date. Unless agreed, You must do all things necessary to authorise and allow BP to direct debit Your nominated bank account. You must not revoke the direct debit authority granted to BP. Should BP be unable to activate direct debit, payment must be made immediately and BP may cancel or suspend Your BP Plus Cards. You may make payments by Visa, MasterCard, American Express or Electronic Funds Transfer from Your bank account. Service fees apply to payments made using credit cards. Payment is deemed to have occurred once the amounts indicated on Your fleet control report and/or statement have been received into BP’s bank account. Some methods of payment may take 3 or more days before the payment is received by BP and, as such, You are responsible for ensuring that they transmit, issue or post their payment to BP so that payment is received by BP on or before the specified due date. Amounts received by BP will be applied in the following order: interest, enforcement and legal expenses, government charges or duties, amounts due for BP Plus Card transactions. You shall immediately notify BP in writing of any change to bank account details. If You fail to make payment in accordance with this clause, BP may cancel and/ or suspend all of Your BP Plus Cards, without notice, or exercise its termination rights pursuant to clause 20. Payment by any person other than You does not imply BP’s consent to the assignment of this Agreement by You to such person. 18. Disputes.

Unless otherwise agreed with BP and notwithstanding details that may appear on any receipt, BP Plus Card docket or sales voucher, BP will debit Your BP Plus Card account with:

If You dispute any amount appearing on a fleet control report or statement, You must notify BP in writing no later than 30 days after the date the report or statement is made available to You and must provide details of the disputed amount and the reasons for the dispute. You shall be deemed to have accepted any invoice if it has not notified BP of a dispute within 30 days after the fleet control report or statement was made available to You. Where a Customer has lodged such a dispute with BP, BP may conduct an investigation into Your dispute and You must provide to BP such evidence as BP requests in relation to the dispute, including a statutory declaration if so required by BP. Within a reasonable time thereafter, BP will notify You in writing of its findings

BP Australia Pty Ltd ABN 53 004 085 616

BP Plus Terms and Conditions - Effective 2nd Dec 2013

(e) directors or legal identity. BP Plus Online: www.bpplus.com.au BP Customer Service Centre (During Melbourne business hours): Phone: 1300 1300 27 Post: GPO Box 5222, Melbourne, VIC 3000 16. Price.

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BP Plus Application

and outcome. If BP accepts the disputed transaction, BP will credit Your account via a credit note on Your next invoice. Where disputes cannot be resolved prior to the account payment being due You must pay the full amount by the due date. BP’s decision is final and binding. 19. Payment Default. If payment of any amount owing by You to BP is not made by the due date, You must pay on demand simple interest on the amount due at a rate equal to the rate prescribed as at the due date under the Penalty Interest Rates Act 1983 (Victoria) calculated daily by BP on the principal amount due, payable from the due date. You shall also indemnify BP for any and all expenses incurred by BP in relation to any enforcement of this Agreement, or the exercise, preservation or consideration of any rights, powers or remedies under this Agreement and including in each case, legal costs and expenses on a full indemnity basis and the costs of any agents or contractors acting on BP’s behalf in respect of any recovery or attempted recovery of any amount due by You to BP. 20. Default and Termination. BP may immediately terminate this Agreement by notice to You if: (a) You breach or are unable to comply with its obligations under this Agreement; (b) You are placed under external administration under the Corporations Act 2001 (Cth), becomes bankrupt, or in BP’s opinion, are unable to pay Your debts; (c) an event of Force Majeure continues for 30 days; or (d) in BP’s opinion, ownership or control of the Customer changes substantially. If this agreement is terminated, You must pay all outstanding amounts to BP within seven (7) days after receipt of BP’s notice. You shall at all times indemnify BP and its employees, agents and contractors against all losses, claims, costs, demands and expenses whatsoever and howsoever arising which BP may sustain or incur as a result of any default by You under this Agreement. 21. Third Party. You acknowledge that BP may pay to or receive from any third party, fees or benefits relating to Your use of BP Plus Card or purchases of Product or otherwise. 22. Cancellation. BP may cancel any or all of Your BP Plus Cards for any reason at any time without notice. You must immediately destroy or return to BP cancelled BP Plus Cards. On cancellation of all Your BP Plus Cards, the debit balance of Your BP Plus Card account becomes immediately due and payable to BP. Where You are a member of an association, BP may cancel Your BP Cards should Your membership with the association cease. 23. Financial Information. At BP’s request from time to time, You must provide to BP information in the form and for the period required by BP in relation to Your financial

BP Australia Pty Ltd ABN 53 004 085 616

position including a balance sheet, profit and loss statement and cash flow statement and, where You are a corporation, information in relation to Your officers from whom BP has or seeks guarantees. 24. GST. Amounts set out in this Agreement are exclusive of GST unless otherwise specified. If any supply under this Agreement is a taxable supply, then subject to the supplier issuing a valid tax invoice to the recipient, the supplier may, in addition to the amount payable recover from the recipient an additional amount on account of GST, equal to the consideration in respect of the taxable supply (exclusive of GST) multiplied by the rate of goods and services tax. Payment of this amount must be made at the same time as payment for the taxable supply is required to be made in accordance with this Agreement. 25. Communications. (a) The Customer consents to BP communicating electronically with the Customer about the BP Plus Card. The Customer acknowledges, nominates and authorises BP to act on instructions it has received electronically. This consent and authority will apply to all communications permitted to take place electronically by law including but not limited to: i. statements of the Customer’s Account; ii. notices and other documents from BP to the Customer about the Customer Account; iii. variations to the contract relating to the Customer Account; and iv. notices from the Customer to BP. (b) BP will rely on the Customer’s consent to communicate electronically to communicate with the Customer by: i. electronic mail (“e-mail”) to the e-mail address that the Customer has notified to BP; ii. making a notice available for the Customer to access on BP’s website; iii. any other method of electronic communication; and/or iv. ordinary mail to the address on BP records. For example, BP may send an email to the Customer email address each month to tell the Customer that the Customer’s statement of Account can be viewed online. (c) If a communication, electronic or otherwise, was sent without the authority or consent of the Customer: i. the Customer is bound by the contents of the communication so far as it affects BP; and ii. BP will not be liable for any loss, damages, cost or expense incurred by the Customer. (d) By giving this consent, BP may elect not to send the Customer notices or other documents in paper form for the BP Plus Card. (e) The Customer must ensure that:

BP Plus Terms and Conditions - Effective 2nd Dec 2013

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BP Plus Application

i. the Customer checks the nominated email account regularly for notices and other communication from BP; ii. the Customer email address remains current (or otherwise notified to BP); and iii. emails from BP to the Customer’s email address are not blocked. (f) BP relies on the Customer to keep the nominated e-mail or physical (street) address details up-to-date and to notify BP when they change. (g) Providing the Customer with electronic statements does not alter the Customer’s obligations under the BP Plus Card Terms and Conditions. The Customer can print and save a copy of any notice or other document provided to the Customer electronically. The Customer is responsible for ensuring that the Customer maintains the appropriate software and hardware, including printer, to access, view, retrieve, print and save a copy of such documents. To see and keep the information subject to this consent, the Customer will need a web browser that meets BP’s site security requirements. 26. Anti-Bribery & Corruption. In performing this Agreement, You must comply with any Applicable Anti-corruption Law and must not give or offer to give, receive, or agree to accept, any payment gift or other advantage which violates an Applicable Anti-corruption Law. 27. Privacy (a) By applying for and using a BP Plus Card the Customer, the Nominated Persons and Authorised Users are providing (or may be providing) personal information. The Customer acknowledges and agrees that the provision of such personal information is for the primary purpose of assessing the Customer’s Application and administering the BP Plus Card Account. BP’s collection, storage, disclosure and use of the Customer’s, the Nominated Persons’ and Authorised Users’ personal information will be performed in accordance with BP’s Privacy Policy that is available at www.bpplus.com.au. The Customer acknowledges that BP may use the Customer’s personal information for additional purposes including: i. planning, product development, marketing offers and research (if the Customer does not wish to receive any marketing offers, please contact BP); ii. exchanging information about the Customer with the Customer’s nominated referees; and iii. disclosing to BP’s related entities and service providers including bankers, electronic interface switch providers, printers, insurance companies, mail houses, solicitors, auditors, professional advisers and debt recovery agents with whom we have a contract, such of the personal information as is necessary for BP to manage your Account. (b) The Customer acknowledges and agrees that prior to BP accepting the Customer’s Application BP may, at its sole discretion, require owners, officers or partners of the Customer to undertake a credit check. In order to undertake a credit check, BP requires each person to provide BP with their consent for BP to undertake the credit check and

BP Australia Pty Ltd ABN 53 004 085 616

to use their personal information for BP to, amongst other items: i. obtain a consumer credit report about the person from a credit reporting agency for assessing credit worthiness, the Customer’s Application and administering the Account; ii. exchange information about the person with other credit providers named in the consumer credit report to allow BP to assess the Application, to notify other credit providers of a default by the Customer or to exchange information with other credit providers as to the status of the Customer’s Account. 28. Miscellaneous. (a) BP may add to or vary this Agreement (including pricing and payment provisions) from time to time on 7 days’ written notice, including by electronic means, to the Customer. (b) A certificate stating the approximate date upon which the Customer was notified of any variation or amendment to this Agreement or stating the amount owing to BP by the Customer at the date mentioned in a certificate signed by BP or an authorised officer of BP shall be, in the absence of manifest error, conclusive evidence against the Customer of the matter so stated in the certificate. (c) No waiver by BP of the Customer’s or Authorised User’s breach of or failure to comply with this Agreement is to be construed as a general waiver. (d) Time is of the essence for the performance of the Customer’s obligations. (e) Rights and benefits of the Customer and Authorised Users relating to BP Plus Card are personal and may not be assigned or transferred in any way. Any purported assignment or transfer is null and void. (f) BP may charge the Customer any government tax or other charge applied to the Customer’s BP Plus Card or its use or the Customer’s BP Plus Card account. (g) The Customer must give BP written notice of any change in the Customer’s contact details, ownership, directors or legal identity within 7 days of the change. (h) This Agreement is governed by and interpreted in accordance with the laws of Victoria. The Customer irrevocably submits to the jurisdiction of the Courts of Victoria and waives any objection to such venue and any claim that an action has been brought in an inconvenient forum. (i) Notification of any matter is deemed not to have been effective until confirmed or acted upon by BP. (j) This Agreement sets out all the terms and conditions between the Customer and BP concerning the use and operation of the BP Plus Card. This Agreement supersedes any other representation, promise or statement made by BP or any of our employees in respect a BP Plus Card. (k) A provision in this Agreement that is prohibited by law or unenforceable in whole or in part is only ineffective to the extent it is prohibited or unenforceable. It does not invalidate any other provision.

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BP Direct Debit Agreement 1. Definitions

(b) Cancel you authority for BP to debit your Account; or

Account means the account held at your Financial Institution from which BP is authorised to arrange for funds to be debited.

(c) Request a change to the amount and/or frequency of funds being debited from your Account, you must notify BP in writing at least fourteen (14) days before the next Debit Day. BP will respond prior to the next Debit Day.

Agreement means this Direct Debit Agreement between you and BP. Business Day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia. Debit Day means the day that payment by you to BP is due. Debit Payment means a particular transaction where a debit is made. Direct Debit Request means the Direct Debit Request between BP and you (and includes any Form PD-C approved for use in the transitional period). BP means BP Australia Pty Ltd. You means the customer who accepted the Direct Debit request. Your Financial Institution is the financial institution where you hold the account that you have authorised BP to arrange to debit. 2 Debiting your account 2.1 By accepting a Direct Debit Request you have authorised BP to arrange for funds to be debited from your Account. 2.2 BP will arrange for funds to be debited from your Account for amounts owing by you to BP. 2.3 If the Debit Day falls on a day that is not a Business Day, BP may direct your Financial Institution to debit your Account on the following Business Day. 3 Changes by BP 3.1 BP may: (a) Vary any details of this Agreement or a Direct Debit Request at any time; or (b) Terminate a Direct Debit request and arrange with you an alternate payment method, by giving you at least fourteen (14) days’ written notice.

5 Your obligations 5.1 It is your responsibility to: (a) ensure that there are sufficient clear funds available in your Account to allow a Debit Payment to be made on the Debit Day in accordance with the Direct Debit Request; (b) ensure that the authorisation given to draw on your Account is identical to the account signing instruction held by your Financial Institution; (c) advise BP if your Account is transferred or closed; and (d) Arrange a suitable alternate payment method if the drawing arrangements are cancelled either by you or your Financial Institution. 5.2 If there are insufficient funds in your Account to meet a Debit Payment or the Direct Debit Request fails to meet the requirements of your Financial Institution: (a) You may be charged a fee and/or interest by your Financial Institution. (b) You may also incur fees or charges imposed or incurred by BP; and (c) You must arrange for the Debit Payment to be made by another method or arrange for sufficient clear funds to be in your Account by an agreed time so that BP can process the Debit Payment. 5.3 You should check your Account statement to verify that the amounts debited from your Account are correct. 5.4 If any GST is imposed on a supply made under this agreement, then you agree to pay an amount equal to the GST payable on or for the supply. 5.5 You agree to indemnify BP and to keep BP indemnified against all claims, demands, actions, suits and proceedings whatsoever against BP or any of its employees, contractors or agents arising out of or in

4 Changes by you

connection with your instruction in the Direct Debit Request.

4.1 Subject to clause 4.2 you may change the

6 Confidentiality

arrangements under a Direct Debit Request by contacting BP on 1300 1300 27 or your Financial Institution.

6.1 BP will keep any information (including you Account details) in your Direct Debit Request confidential.

4.2 If you wish to:

6.2 BP will only disclose information that we have about you:

(a) Stop or defer a Debit Payment;

(a) To the extent specifically required by law; or

BP Australia Pty Ltd ABN 53 004 085 616

BP Direct Debit Agreement

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BP Plus Application

(b) For the purposes of this Agreement (including disclosing information in connection with any query or dispute referred to in clause 7). 7 Dispute 7.1 If you believe that there has been an error in debiting your Account, you should notify BP directly on 1300 1300 27 and confirm that notice in writing with BP as soon as possible so that BP can resolve your query more quickly. 7.2 If BP concludes as a result of our investigations that your Account has been incorrectly debited we will respond to your query by arranging for your Financial Institution to adjust your Account (including interest and charges) accordingly. BP will also notify you in writing of the amount by which your Account has been adjusted. 7.3 If BP concludes as a result of our investigations that your Account had not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding. 8 Notice 8.1 If you wish to notify BP in writing about anything relating to this Agreement, you should write or send a facsimile to: Address: Direct Debit Agreement BP Business Accounts GPO Box 5222 MELBOURNE VIC 3001 Facsimile: 1800 613 240 8.2 Any notice will be deemed to have been received: (a) If sent by mail, five days after it is posted; (b) If personally delivered, when delivered; (c) If sent by facsimile transmission, when dispatched provided the machine of the sending party has printed a printed record of transmission. 9 Governing Law This agreement will be governed by and construed in accordance with the laws of the State of Victoria, Australia and the parties unconditionally and irrevocably submit to the nonexclusive jurisdiction of the courts of that State.

BP Australia Pty Ltd ABN 53 004 085 616

BP Direct Debit Agreement

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BP Plus Application

BP Plus. A plus for business. For assistance or more information please call the BP Customer Service Centre on 1300 1300 BP (1300 1300 27) or send us an email at [email protected] Write to us at: BP Australia Pty Ltd GPO Box 5222 Melbourne, VIC 3001 Or visit us online at www.bpplus.com.au The information contained within this brochure is correct as at the time of printing, but is subject to change without notice including additions and deletions to the national network. BP Australia accepts no responsibility or liability for incorrect statements or information contained in this brochure. No reproduction of this brochure in whole or part is allowed without the express permission of BP Australia. BP Australia Pty Ltd ABN 53 004 085 616 ACN 004 085 616 09/13

BP Australia Pty Ltd ABN 53 004 085 616

11.0