FUEL TERMS AND CONDITIONS

Terms & Conditions

SAKUNDA FUEL CARD TERMS & CONDITIONS

The following Terms and Conditions govern the use of the Fuel cards issued by Sakunda. These Terms and Conditions may be amended or supplemented from time to time. The new terms and conditions outlined on the Sakunda website, shall override any previous terms and conditions.


1.DEFINITIONS

In these Terms and Conditions the following words, terms or expressions shall have the following meanings:

AGREEMENT means the agreement with a Principal Cardholder for the supply of a Card(s) and use of an electronic card payment system.
ALERT means the emails sent via the Online Services to inform the Principal Cardholder on card usage.
APPLICANT means a company or other person(s) applying for Cards and any person who completes and/or signs the Application.
APPLICATION means the application form and any related documentation sent to or completed and/or signed by or on behalf of the Principal Cardholder, in which the Applicant seeks to enter into an Agreement.
CUSTOMER means a corporate entity or person whom enters into an AGREEMENT with the COMPANY.
COMPANY means the corporate entity named under the title Sakunda or its authorised agent.
CARD means a plastic token that enables payment for purchases of products at supply locations
CARD HOLDER means either the CUSTOMER or the REPRESENTATIVE of the CUSTOMER.
CUSTOMER PAYMENT RULES means the terms and conditions of payment as agreed with Sakunda.
ELECTRONIC FUNDS TRANSFER TERMINAL(also known as Point of Sale (POS) machine) means an electronic device used at a SUPPLY LOCATION to record a CARD payment transaction and issue a TRANSACTION ADVICE.
SERVICE STATION DEALER / MANAGER means the corporate entity or individual who is entitled to payment for PRODUCTS at a SUPPLY LOCATION.
PERSONAL IDENTIFICTION NUMBER (PIN) means a customer generated number that is confidentially to the CUSTOMER and serves as a signature testifying to the CARDHOLDER's acceptance of a transaction.
PRODUCTS means the products offered at a SUPPLY LOCATION and whose supply using the CARD has been authorised by the COMPANY. The current list of authorised PRODUCTS shall be communicated to the CUSTOMER on demand and may be updated from time to time. These may include petrol, diesel, blend and paraffin.
REPRESENTATIVE means a person to whom the CUSTOMER has entrusted a CARD and powers to use it on behalf of the CUSTOMER.
SUPPLY LOCATION means a physical location from which PRODUCTS are supplied and at which the COMPANY has authorised use of the CARD. The current list of authorised SUPPLY LOCATIONS shall be communicated to the CUSTOMER on demand and may be updated from time to time.
TRANSACTION ADVICE means a physical document produced by the ELECTRONIC FUNDS TRANSFER TERMINAL at the conclusion of a transaction.

2. PURPOSE

The COMPANY shall make available to the CUSTOMER a card system that will enable the CARDHOLDER to obtain supplies of PRODUCTS at SUPPLY LOCATIONS. In addition, the card system will enable the collection of information related to supply transaction that may be of use to the CUSTOMER.

3. CARD ISSUE

3.1. The Principal Cardholder will submit a completed Application to Sakunda. Where Sakunda wishes to accept such Application, on the basis of the information provided in such Application, Sakunda will arrange for the production of the Card(s) encoded and embossed with the Cardholder’s data. The customer will be issued with a default PIN. Customer is required to change this PIN immediately either online or on the POS machine. Sakunda will not be held liable where customer fails to customise card PIN.
3.2. The PIN shall only be used by the Cardholder and shall not be disclosed to any other person. The PIN must be memorised by the Cardholder and must not be kept in any other written format.
3.3 The Principal Cardholder shall use reasonable endeavours to ensure that Cards are only in the possession of and only used by Authorised Cardholders.
3.4 Cards remain the property of Sakunda at all times and the Principal Cardholder shall promptly return any Card(s) to Sakunda at Sakunda’s request.

4. CARD USE

4.1 A Card may only be used by the Cardholder:
(i) if it is a current Card which has not expired, been cancelled or been stopped either by Sakunda or at the request of the Cardholder; and
(ii) to obtain Supplies from a participating Service Station Dealer which accepts the Card; and
(iii) to obtain Supplies as defined by the purchase category or any other purchasing restriction advised by Sakunda to the Cardholder from time to time and within the geographical and network restrictions of the Card; and
(iv) to obtain Supplies up to the card limit
(v) if the Card has not been reported lost or stolen; and
(vi) if the Cardholder presents or shows the Card to a participating Service Station prior to the purchase of Supplies; and
(vii) if the Cardholder inputs the PIN where required by the Service Station Participant.
4.2 The Principal Cardholder acknowledges that:
(a) Supplies may be purchased directly from a Sakunda Service Station Dealer or Depot.
(b) alternatively, Supplies may be purchased from other oil companies where hosting arrangements have been made and communicated to Customers.

In all cases however, the Principal Cardholder is obliged to make payment for the Supplies to Sakunda.
4.3 It is the obligation of the Cardholder to collect and retain any Sales Voucher issued at the time Supplies are purchased.
4.4 If any procedural requirements are not complied with or the Card is used other than in accordance with these Terms and Conditions, the Principal Cardholder shall nevertheless remain liable to pay Sakunda for all amounts due under the relevant Card transaction. Such transactions shall be considered as valid transactions once accepted by a Service Station Participant.
4.5. Sakunda strongly advises Cardholders not to leave a Card at a Service Station. For the avoidance of doubt, where a Cardholder chooses to do so against Sakunda’s advice, such Cardholder shall be liable for all transactions carried out on the Card until such Card is reported lost or stolen in accordance with these terms and conditions.
4.6 The Authorised Cardholder shall be deemed to have been given authority to use the Card as a duly authorised representative of the Principal Cardholder and the Principal Cardholder shall ensure that each Authorised Cardholder complies with the Agreement.
4.7 Cards designated for use by a particular driver and/or in relation to a specific vehicle are issued to the Principal Cardholder as a management information tool only. The Principal Cardholder shall be liable for all amounts due under the relevant Card transactions irrespective of the driver or vehicle in respect of which the Supplies were made.
4.8 The Principal Cardholder shall ensure that no Card remains in the possession of any person who has ceased to be an Authorised Cardholder.
4.9 Sakunda reserves the right to refuse any single Card transaction from time to time for any reason connected with Card security and the Principal Cardholder hereby acknowledges and accepts that Sakunda shall not be liable in any way for such refusal.

5. USE OF THE ONLINE SERVICES

5.1. Prior to the commencement of the Online Services, the Principal Cardholder shall advise Sakunda of the name and email address of a nominated User who shall be set up as an administrator of the Principal Cardholder’s account(s) and will be able to add Users to such account(s). All Users will be allocated a Password and/or a User ID to enable them to use the Online Services. Any such Password and/or User ID may be sent by Sakunda via email to the email address(es) supplied.
5.2 The Principal Cardholder is responsible for the use of the Online Services by any person, authorised or unauthorised, who accesses the Online Services using any Passwords and/or User Ids issued to the Principal Cardholder. In particular, the Principal Cardholder shall be liable for any losses incurred by Sakunda or by any other person affected by the unauthorised use of the Password or User ID resulting from a failure of the User to keep the Password/User ID secret. This liability is in addition to the Cardholder’s liability under lost or stolen cards.
5.3 The Principal Cardholder guarantees that the Users are authorised to represent it and undertakes to ensure that Users shall: (a) not divulge the Password to others; (b) not store the Password in an (electronic) data file; (c) refrain from any action that may result in a third party gaining unauthorised access to the Online Services; (d) take all measures that may reasonably be demanded to prevent any unauthorised third party from gaining access to the Online Services; (e) comply with any further instructions that Sakunda may issue regarding the use of the Online Services or the security measures that must be observed; and (f) notify Sakunda in writing or by electronic means as soon as they become aware of the possibility that any person may have unauthorised knowledge of a Password or can or may gain access in some other way to the Online Services or the data on or deriving from the Online Services.
5.4 Sakunda reserves the right to require a User to change Passwords without notice and, if it has reason to believe that a User is in breach of Clause 5.3, to invalidate any Password, suspend any Card(s) and/or terminate this Agreement. Sakunda may (but shall not be obliged to) agree to a request by a User to alter a Password.
5.5 Users are entitled to
(a) consult the data obtained via the Online Services and
(b) view such information as is permitted by the reporting facilities of the Online Services. Sakunda’s prior written approval will be required for any other use (including reproduction or publication) of the data obtained via the Online Services. Users are not permitted to make the Online Services, or any data derived from the use of such, available to any third party in any way or for any purpose without Sakunda’s prior written approval.
5.6 Sakunda provides no guarantee in relation to the Online Services or the data available within it. The Principal Cardholder accepts the Online Services and the data available via these services “as is” and any use of the Online Services shall be undertaken at the User’s account and risk. Sakunda undertakes that reasonable skill and care is used to ensure that the Sakunda Website and the Online Services are available for Users. However the Principal Cardholder acknowledges that it is technically impossible for Sakunda to ensure that the Sakunda Website and the Online Services are always available and Sakunda does not undertake to provide such uninterrupted availability.
5.7 In the event the Principal Cardholder chooses to receive the Alerts:
(a) the Principal Cardholder is responsible for the ability to receive and read them and Sakunda will not be responsible for any malfunction in the data transfer;
(b) although Sakunda will take reasonable care regarding the content of the Alerts, no guarantees can be given that they are fault-free or complete;
(c) the Principal Cardholder is responsible for the use of the Alerts and the production of such does not relieve the Principal Cardholder of liability for the use of any Card(s) that is(are) the subject of an Alert;
(d) the Principal Cardholder shall notify Sakunda in writing and without delay in the event of any complaints regarding the Alerts (whether in relation to their accuracy or otherwise).
5.8 The Principal Cardholder shall (and shall ensure all Users shall): (a) comply with Sakunda’s reasonable directions on how to use the Online Services;
(b) provide all necessary equipment to connect to the worldwide web and pay all such fees associated with such connection;
(c) report any malfunction of the Online Services to Sakunda without delay; and
(d) be solely responsible for use, storage, protection and distribution (whether authorised or otherwise) of any material downloaded from the Online Service.
5.9 Sakunda reserves the right, for any reason and at any time, to:
(a) alter the format of the Online Services;
(b) amend the contents, design, specification and technical construction of the Online Services;

6. CUSTOMER OBLIGATIONS

6.1. The CUSTOMER alone shall be liable for the payment of PRODUCTS either by cash or bank transfer directly to Sakunda or by V-PYAMENTS, VISA OR MASTERCARD transfer. Such amount shall be allocated to the Customer account.
6.2. Invoices/Statement will be sent or made available to the Principal Card Holder at billing period intervals determined by Sakunda from time to time. The invoice/statement will detail the Card transactions for the relevant billing period.
6.3. Product supply is enabled by means of a CARD
6.4. Any complaint or dispute concerning a transaction reflected on a monthly statement must be received by the COMPANY in writing within 14 (fourteen) days from the date of issue of the statement and be accompanied by substantiating documents. Receipt of a complaint or dispute by the COMPANY does not mean that the COMPANY acknowledges or accepts liability in respect of such complaint or dispute. All complaints and disputes are subject to investigation and verification by the COMPANY.
The CUSTOMER shall have the obligation to inform the COMPANY in writing of any change of contact details (address, e-mail, telephone and fax numbers) or information that may be required for the efficient adminstration of the card system.

7. LOST OR STOLEN CARDS

7.1. If a Card is lost, stolen or misused or remains in the possession of a person who has ceased to be an Authorised Cardholder, the Principal Cardholder must immediately notify Sakunda via the Online Services or by e-mail to info@Sakunda.com, or by phone on +263772 192 618. The Customer shall remain liable for any transactions made by means of the lost or stolen card (s) up to the time of notification and during the 48 hours following the notification.
7.2 The Principal Cardholder must also notify the police of the loss, theft or misuse and obtain a report, a copy of which must be provided to Sakunda.
7.3 Users will be able to confirm whether a Card has been successfully blocked by logging into the Online Services.
7.4 All Cards reported LOST or STOLEN must be returned to Sakunda if they are subsequently found by or returned to a Cardholder. They cannot be used any more.
7.5 In any event, the Principal Cardholder shall give Sakunda all the information in its possession as to the circumstances surrounding the loss, theft or misuse of the reported Card and take all reasonable steps to assist Sakunda to recover any missing or stolen Card.

8. CANCELLATION OF CARDS

8.1. Sakunda will cancel a Card if the Principal Cardholder at any time and for any reason requests such cancellation via the Online Services or where the request is made in writing by e-mail or post, provided that such cancellation shall not be effective until Sakunda receives the relevant Card with a hole punched into the Card’s magnetic stripe. The Principal Cardholder shall have no further liability for Card transactions made with that Card from the time Sakunda is in receipt of the relevant Card.
8.2 Sakunda may request the return of all/any Cards or cancel or suspend all/any Cards at any time without notice, or refuse to reissue, replace or renew any Card during any period in which:
(i) fraudulent use of any Card is suspected;
(ii) Sakunda receives a credit reference in relation to the Principal Cardholder which in Sakunda’s reasonable opinion is unsatisfactory; or
(iii) any Cardholder is in breach of this Agreement.
8.3 Where Cards are cancelled or suspended without notice, Sakunda shall notify the Principal Cardholder as soon as reasonably practicable.

9. TERMS OF THE AGREEMENT

9.1 The AGREEMENT shall become effective as of the date signature of the CUSTOMER APPLICATION FORM by the CUSTOMER and the COMPANY, and remain in force until cancelled.
9.2 Both parties shall have the right to cancel the AGREEMENT by giving the other party written notice thereto. Such cancellation shall be without prejudice to the rights and privileges of the parties that accrued before the cancellation of the AGREEMENT.
9.3.Upon cancellation of the AGREEMENT the CUSTOMER shall return the CARD(S) to the COMPANY within forty-eight (48) hours.
If, after termination of the AGREEMENT for any reason whatsoever, any attempt is made to use the CARDS the CUSTOMER shall be subject to criminal proceedings and to the payment of all ensuing costs and damages.

10. FORCE MAJEURE

Any act that is deemed to be a force majeure incident shall exempt the parties hereto from liability. For the purposes of this agreement, force majeure shall mean any circumstances which are beyond the reasonable control of the party claiming an event of force majeure, including but not limited to war (whether declared or not), revolution, invasion, insurrection, riot, civil commotion, mob violence, sabotage, explosion, blockage, embargo, boycott, casualties and disasters, the excurse of flight, fire, drought, wind lightning or other adverse weather conditions, epidemic, quarantine, accident, breakdown of machinery or facilities, plant shutdown, strike, lockout or labour dispute, acts or restraints of government imposition, other laws, regulations or orders, including but without limiting the generality of the foregoing laws, regulations or measures and restrictions or embargoes on imports or exports.

11. APPLICABLE LAW

The CARD may not be used by the CARDHOLDER in contravention of any rule of law in force, or to aid and abet the commission of any such contravention.

This AGREEMENT and all matters arising out of the issue or use of a CARD are subject to the laws of the country in which the COMPANY is registered.

These terms and conditions were last modified on 29 June 2014.





SAKUNDA LOYALTY CARD TERMS & CONDITIONS


The Sakunda Loyalty Card is offered to any Sakunda customer who holds a valid driver’s licence. The terms and conditions set forth herein govern the Program. These rules apply to all persons responsible for complying with this agreement, including natural persons, companies, and other business entities, whether or not incorporated, or the person or party who applied for the Account.

Upon purchase of fuel at any Sakunda Service station, you will receive a Loyalty Card. This Loyalty Card is activated by logging onto www.sakunda.com. You simply enroll by opening an account which is your email address and password of your choice. You are required to enter some personal details on this account. Membership in the Program will be renewed automatically each year on January 1st as long as your Account is open, or until we notify you of the Program's cancellation. The Program is not subject to an annual program fee.

Loyalty Points

The loyalty points you accrue and potentially earn in this Program are called points per litre. These are from purchases from Sakunda service stations only.

For registering and activating card onto www.sakunda.com you automatically earn fifty (50) points. Thereafter, you will accrue loyalty points at a rate of 5 points per litre. Please note that only fuel purchased through the Sakunda fuel card will accumulate points. To qualify for redemption of points you need to accumulate 10,000 points in a calendar year. This will entitle you to be awarded exciting rewards from Sakunda. These will vary from Sakunda gifts to redeemable vouchers.

Points accrual commences after registration. No retroactive Rewards will be awarded. From time to time there may be promotional offers for the Program, which provide the opportunity for you to be rewarded instantly.

Expiration of loyalty points and Rewards is currently pegged at two (2) years, but Sakunda reserves the right to change this without further notice. Loyalty points may only be earned at participating Sakunda locations with operable electronic transaction networks.

Sakunda has the right to monitor all Loyalty Card Account activity. If (at Sakunda's sole reasonable discretion) it is determined that you have engaged in any fraud, abuse, or suspicious activity; failed to follow the Program Rules; or made any misrepresentations, Sakunda reserves the right to close or freeze your Account immediately, prohibit you from accruing and/or earning points on your Account, and/or cause you to forfeit any Rewards not already redeemed. If your Account is closed for any reason, your membership in the Program will be terminated. If you have conducted any fraudulent activity, Sakunda reserves the right to take any necessary legal action and may have grounds to confiscate any Rewards redeemed as a result of such activity. In addition, you may be liable for monetary losses to Sakunda, including litigation costs and damages.

If you have any questions about your Loyalty Card Account balance, or if you believe that your Points Account has been the subject of any suspicious activity, please call the number on the back of your Loyalty Card.

Rewards Expiration

Rewards expire at the end of the calendar month 90 days after the month the Rewards are earned.

Program Restrictions

We reserve the right to approve, deny, or revoke participation in the Program to any individual for any reason whatsoever on an immediate basis and without prior notice.

Right to Change/Modify/Cancel

Sakunda may cancel, modify, restrict, waive, or terminate any of the Program Rules, including but not limited to, the rules for earning and redeeming Rewards and the expiration policy for Rewards, at any time, with or without prior notice, even though these changes may affect your ability to use any Rewards you have already earned. Your continued participation in the Program constitutes your acceptance of any changes to the terms and conditions of the Program. You are responsible for remaining knowledgeable of any changes that Sakunda makes to the Program and the Program Rules. The most current version of these Program Rules will be available on the website www.sakunda.com and will supersede all previous versions of these Program Rules.

Termination

The Program has no predetermined termination date and may continue until such time as Sakunda decides to terminate the Program. Sakunda may terminate the program at any time. Sakunda will provide notice of termination via the e-mail address you supplied at the time of registration. Upon termination, you will have thirty (30) days from the date Program termination is announced to use available Rewards remaining in your account. After that date, any remaining Rewards will be forfeited without compensation.

Program Responsibility

Sakunda makes no guarantees, warranties, or representations of any kind concerning the Program. You release Sakunda and its affiliates and partners from liability regarding any earning, redemption, and use of Rewards, including any rewards that, after receipt, may be lost, stolen, or destroyed.

Account Information

To review your Rewards accumulation, redemption, and expiration status please visit www.sakunda.com and sign in to view your personal account information.

These terms and conditions were last modified on October 28, 2014.