CANCELLATION AND SUSPENSION OF CARD(S)

The customer shall have the right to cancel one or more cards by giving Apex Energies written notice thereto.

Apex Energies shall have the right to cancel one or more cards by giving the customer written notice thereto.

In either of the afore mentioned events the customer shall return the card(s) to Apex Energies within forty-eight (48) hours and shall remain liable for any transactions made by means of the cancelled card(s) up to the time of returning the card(s). Should the customer breach its obligations under this contract, Apex Energies may immediately suspend the use of a card(s) issued to the

TERMS OF THE CONTRACT

The contract shall become effective as of the date the card is issued to the customer and remain in force until cancelled.

Both parties shall have the right to cancel the contract 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 contract.

Upon cancellation of the contract the customer shall return the card(s) to Apex Energies within forty-eight (48) hours.

If, after termination of the contract for any reason whatsoever, an attempt is made to use a card(s) the customer shall be subject to criminal proceedings and to the payment of all ensuing costs and damages.

REVISION OF THE GENERAL CONDITIONS

Apex Energies may amend or supplement the terms of this contract at any time by giving the other party thirty (30) days written notice thereto.

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 exercise of flight, fire, drought, wind, lightning or other adverse weather conditions, epidemic, quarantine, accident, breakdown of machinery or facilities, plant shutdown, strike, lockout or labor dispute, acts or restraints or government imposition, other laws, regulations or orders, including regulations, or measures and restrictions or embargoes on imports or exports.

APPLICABLE LAW

This contract and all matters arising out of the issue or use of a card are subject to the laws of the country in which Apex Energies is registered.

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

GENERAL

The customer shall have the obligation to inform Apex Energies in writing of any change of contact details and information that may be required for the efficient administration of the card system.

DEFINITIONS

card: means a plastic token (physical card or the virtual card) that enables payment for purchases of products and services at supply locations.

cardholder: means either the customer or the representative

contract: refers to the agreement for the supply of a card(s) and use of an electronic card payment system.

customer: means a corporate entity or person who enters into a contract with Apex Energies.

customer contact person: means a person who is duly authorized to instruct Apex Energies on matters related to the customer’s use of the Power Card payment solution.

Electronic Funds Transfer Terminal: means an electronic device used at a supply location to process and authorize or reject a card transaction.

Personal Identification Number (PIN): means a secret numeric password used to authenticate the cardholder and serve as a signature testifying to the cardholder’s approval of a transaction.

Products and services: means the products and/or services offered at a supply location and whose supply using the card has been authorized by Apex Energies. The current list of authorized products and services shall be communicated to the customer on demand and maybe updated from time to time.

Representative: means a person to whom the customer has entrusted a card and powers to use it on behalf of the customer.

Mobile Application: means the application availed to the customer to conduct (still in production)

Website: means the designated website availed to the customer to conduct

Vehicle Registration: The registration number of the vehicles allowed by the customer to transact using the allocated card.

Container: a container that is compliant with the regulatory authority to carry petroleum products.

Apex Energies : Eaglewise Investments (Pvt) Ltd

Supply Location: means a physical location from which products and services are supplied and at which Apex Energies has authorized use of the card. The current list of authorized supply locations shall be communicated to the customer on demand and may be updated from time to time.

CARD ISSUING

The customer’s Contact Person is authorized to complete the online card UPDATE FORM thereby instructing Apex Energies to issue cards and to amend card details, respectively.

A single card may contain up to five-line items, being either the relevant Vehicle Registration numbers and or the word container.

To allow a container to be filled by any one of the Vehicle Registration numbers listed on the card issued.

Apex Energies shall issue cards to the customer and amend card details as instructed.

Each card shall be assigned a PIN that will be entered by the cardholder during the payment authorization process.

The customer shall ensure that the confidentiality of each PIN is protected and known only by the relevant cardholder.

All Vehicle Registration numbers will need to be authorized or changed with Apex Energies permission.

The customer may be charged a fee by Apex Energies toward the cost of issuing a card. This fee shall be communicated to the customer on demand and may be amended by Apex Energies at any time without advance

A card will become inactive if not utilized within a three-month period, a re-activation fee will be charged to the customer by Apex Energies.

The cards shall remain the property of the Apex Energies.

LOSS OR THEFT OF A CARD(S)

In case of loss or theft of a card the customer shall immediately block the card using the MOBILE APPLICATION or the designated WEBSITE and notify Apex Energies of this fact and confirm this in writing within forty-eight (48) hours of such notification.

CARD CREDITING

The customer’s Contact Person(s) is authorized to credit an electronic purse on a specified card(s) and debit the customer’s account.

AUTHORISATION TO SUPPLY

Apex Energies shall be authorized to supply the cardholder with products and services from supply locations subject to:

Presentation of a card at the supply locations prior to the transaction

Availability of products and services

Vehicle registration numbers declared on the card only

Entry of the correct PIN by the cardholder into the Electronic Funds Transfer Terminal.

 A transaction authorized by an Electronic Funds Transfer Terminal shall constitute conclusive proof of the supply of products and services to the cardholder

SUPPLY STATEMENTS

Apex Energies shall provide the customer with the relevant mobile application and website in order to view a statement of products and services supplied to cardholders:

Any disputed transaction(s) shall be communicated to Apex Energies in writing within seven (7) days of the statement date and shall be accompanied by substantiating All complaints and disputes are subject to investigation and verification by Apex Energies .

PAYMENT FOR PRODUCTS AND SERVICES

Unless otherwise agreed the customer shall deposit funds with Apex Energies prior to the supply of products and services.

Unless otherwise agreed the products and services shall be supplied at the standard price prevailing at the supply location at the time of supply.

The customer alone shall be liable for the payment of products and services supplied, even in the event of use by third parties and uses that do not conform to this contract.

In the event that the customer account is overdrawn the customer shall remain liable for products and services supplied to all card(s) and for any other costs incurred in recovering any outstanding amount.

In the event that a card(s) is lost or stolen, the customer shall remain liable for products and services supplied up to the time of notifying Apex Energies and during the forty-eight (48) hours following notification. Any losses incurred as a result of improper protection of a PIN(s) will be for the account of the of the customer alone.

WHAT OUT CUSTOMERS ARE SAYING