GENERAL CONDITIONS

Download our general terms and conditions here

If you prefer to consult them online, you can also find them below.
Here you can find the terms and conditions of the MAES Mobility Card.

MAES GENERAL CONDITIONS

Part 1. Definitions.

Article 1 Definitions.

The following definitions are used in these terms and conditions:

  • Account: a customer number opened by the Card Manager for a Customer with an approved credit limit for purchasing Fuel Products at a Gas Station.
  • Fuel products: all forms of diesel, gasoline and other petroleum and gas oil products, and all related products and services, which MAES delivers to the Customer from time to time.
  • Card: one or more fuel card (s) issued by the Card Manager to a Customer, which give the Customer the option of purchasing fuel products in the network of Fuel Stations under the agreed conditions and modalities.
  • Card Manager: MAES or any company with which MAES has concluded an agreement for issuing Cards and processing transactions.
  • Card agreement: the agreement concluded between MAES and the Customer regarding the use of the Card, including all appendices and any addenda thereto.
  • Cardholder: the Customer or the natural person designated by the Customer who is entitled to use the Card.
  • Customer: the natural or legal person who (i) has concluded a Delivery Agreement and / or (ii) has concluded a Card Agreement.
  • Customer-Consumer: every Customer who is a natural person and who acts for purposes that fall outside his trade, business, craft or professional activity.
  • Delivery agreement: the agreement between MAES and the Customer regarding the delivery of Fuel products outside the network of Gas stations.
  • MAES: the public limited company ETABLISSEMENTEN J. MAES ZONEN, registered in the legal persons register of Antwerp, department Mechelen, with registered office at 2880 Bornem, Reedonk 12 and with company number 0429.995.654.
  • Personal Page: the private section on the website of MAES (cards.maes-oil.be) to which the Cardholder has access and on which the Customer can view his use and the possibilities of use of the Card.
  • PIN code: the combination of four digits chosen by the Cardholder to secure the Card when using the Card.
  • Gas station: a point of sale where Fuel products are sold and which belongs to the network of gas stations for which the specific Card of the Customer is authorized and which is authorized to accept the Card.
  • Password: the password chosen by the Cardholder, required to gain access to the Personal Page.

Part 2. General provisions

Article 2 Scope.

  1. These general terms and conditions apply to every delivery of Fuel Products by MAES to or on behalf of Customers as well as to the Cards. They thus form an integral part of every Delivery Agreement and every Card Agreement.
  2. The Customer acknowledges and accepts that the Customer’s own general or special conditions are explicitly excluded, even if they are communicated at a later date.

Article 3 Prices.

  1. MAES respects the maximum prices as determined on the basis of the program agreement concerning the regulation of the maximum selling prices of petroleum products. Upon delivery of the Fuel Products, the total price may be higher than the official maximum price. However, this increase is due to the use of additives which are not included in the official maximum price and which are charged as a supplement.
  2. Except in the case of a sale to a Customer-Consumer and unless stated otherwise by MAES, the prices quoted are expressed in euros, excluding taxes, taxes, fees, levies and excise duties. The taxes, taxes, fees, levies and excise duties are always borne by the Customer and are charged by MAES to the Customer.
  3. MAES can, in all reasonableness, record and change service surcharges, which will apply for the future. The list of service charges can always be consulted via www.maes-mobility.be.

Article 4 Payment.

  1. The Customer explicitly accepts (i) that invoices and other correspondence are only sent electronically by e-mail as an attachment, (ii) that the electronic invoices must be considered as original invoices and (iii) expressly refrains from contest the validity of these electronic invoices. If the Customer chooses to receive a paper invoice, he will inform MAES of this. Except in the case of such a request by a Customer-Consumer, MAES reserves the right in this case to charge an additional cost of EUR 5.00 per envelope for this.
  2. The Customer must pay the amounts due at the latest on the due date, unless agreed otherwise in writing.
  3. MAES has the right to:
    1. to first allocate payments to any costs owed, the conventional lump sum compensation and all overdue default interest before allocating them to the outstanding principal (s); and
    2. to compensate all amounts it owes the Client for whatever reason with the amounts the Client owes it, regardless of whether or not these amounts are due and payable.

Article 5 Non-performance.

  1. In the absence of payment within the due date of one or more invoices:
    1. MAES is entitled by right and without notice of default to:
    2. payment of default interest at a conventional interest rate of 8% per annum from the due date of each invoice until the date of full payment; and
    3. payment of a fixed compensation of 10% of the outstanding amount with a minimum of EUR 40, – without prejudice to MAES’s right to claim additional compensation if it can prove that its damage exceeds the aforementioned amounts;
  2. MAES has the right to withdraw any permitted discounts to the Customer;
  3. all outstanding but not yet due invoices become legally and without notice of default;
  4. MAES has the right to suspend the obligations still to be performed vis-à-vis the Client by operation of law and without notice of default until it has received full payment; and
  5. if MAES has granted a repayment plan to the Customer for already due debt (s), the Client will lose the benefit of the installment payment and the entire debt will be increased by the default interest at the conventional interest rate and the conventional, fixed compensation. due and payable without notice of default.
  6. In case of doubt about the solvency of the Customer, including, but not limited to, the non-payment or late payment of one or more invoices, the attachment of an attachment against the Customer (possibly also by a third party), the requesting of payment deferment, requesting a judicial reorganization or a similar procedure, the cessation of the activities of the Customer and the liquidation of the Customer, will provide the Customer, upon simple request of MAES, a security and maintain that security for the amount that, of the type that, in the form and at the institutions that MAES can determine at its own discretion at any time. If the Client fails to do this, MAES is entitled to suspend all deliveries

Article 6 Liability.

  1. 1. The delivery of Fuel Products takes place at the risk of the Customer, who must properly insure himself against possible claims.
  2.  MAES is only liable for damage caused by the non-execution, the incomplete execution, the late execution or the improper execution of its obligations in the event of intentional or gross negligence. This liability is only limited to the foreseeable, direct and personal damage of the Client, to the exclusion of all indirect, consequential or intangible damage including, without limitation, lost profit, loss of income, financial loss, personnel costs, damage to property or damage to third parties. The liability of MAES is in any case limited to the lowest amount of (i) the benefit that MAES can claim under a liability insurance policy concluded for this, and (ii) the amount that the Customer has paid to it for the delivery of the Fuel Products that has given rise to the Client’s damage, whereby a series of events that cause the same damage are considered as one event.
  3. The Customer agrees explicitly and unconditionally to waive any further claim to compensation of any kind whatsoever charged to MAES.
  4. If the Customer is of the opinion that the Fuel Products supplied by MAES, or the amount charged for them, does not comply with what the parties have agreed upon, the Customer must notify MAES in writing within 8 (eight) days after delivery, or 8 (eight) days after the moment at which the Customer could reasonably be aware of the shortcoming he has stated, failing which the Customer can no longer claim any claims in this regard. Any claim for damages against MAES (except for those expressly acknowledged in writing by MAES) lapses by the mere lapse of a period of 1 (one) month after the Customer has discovered or should have reasonably discovered the damage.

Article 7 Retention of title and risk.

  1. MAES retains the exclusive ownership of all the Fuel Products it supplies until all amounts due in connection with the delivery, including any lump sum compensation, default interest and costs, have been paid in full. The Client undertakes not to dispose of or process these Fuel Products before full payment.
  2. However, the risk with regard to the Fuel Products is already transferred to the Customer when the Fuel Products leave the filling gun.

Article 8 Force majeure.

  1. MAES will not be liable for the non-performance or late performance of its commitments in the event of force majeure. Force majeure includes all circumstances that are not due to an error on the part of MAES and that make it impossible, complicate, delay or costly to fulfill its obligations, such as but not exclusively:
    1. strikes, social disputes of any kind, partial or general cessation of work, refusal to perform any work (irrespective of whether the foregoing is legally permitted or whether or not it relates to the employees of MAES);
    2. fire, accidents, exceptional traffic nuisance, storm, snow and floods;
    3. any inability to obtain Fuel Products or the raw material from which the Fuel Products are derived directly or indirectly;
    4. technical problems or disruptions with regard to Gas stations, installations, machines, facilities, transport equipment, communication systems, computer systems or card readers;
    5. compliance in good faith with any regulations, orders or requests from, or interventions by, or restrictions imposed by international, national, provincial, port or other public authorities or any person who claims to act for such authorities (regardless of whether or not they are ultimately found to be valid); or
    6. the threat or reasonable concern about one of the above events.
  2. The unacceptable and unavoidable nature of the aforementioned circumstances is always deemed to have been acquired.

Article 9 Information obligation.

  1. The Customer must immediately inform MAES of any change to his contact details. In the event of a change of e-mail address and / or contact person for sending the electronic invoices to the Customer, the Customer undertakes to inform the Card Administrator immediately via the Personal Page or by e-mail at the following address: fuel card @ maes-oil.be.
  2. Unless stated otherwise, the Customer must always send notifications to MAES to the address of its registered office. MAES can send notifications to the Customer to the postal address, fax number or e-mail address provided by the Customer, or, as the case may be, as evidenced by the publications in the Belgian Official Gazette or other publicly accessible databases. 

Article 10 Privacy and personal data.

 MAES uses your personal data in accordance with its privacy policy, which is available at https://www.maes-oil.be/nl/privacy-policy/.

 Article 11 Execution by third parties

 MAES always has the right to have its obligations executed by third parties it chooses, such as sub-suppliers and sub-contractors.

 Article 12 Contract transfer

MAES has the right to transfer any agreement between it and the Client to a third party, i.h.b. to companies that belong to the MAES group, without the Client’s prior consent.

Article 13 Changes.

MAES can change these terms and conditions. These changes take effect after the expiry of a period of 2 months from the moment they were communicated to the Customer, if he has not terminated the Card Agreement or Delivery Agreement within the same period.

Article 14 Divisibility.

If a provision of these general terms and conditions is declared wholly or partially unlawful, void or unenforceable under the applicable law, the relevant provision or the relevant part thereof is deemed not to form part of these general terms and conditions, and the legality, validity remains and enforceability of the other provisions of these general terms and conditions. In such a case, MAES and the Customer will immediately and in good faith negotiate a valid replacement clause that is as close as possible to the original intention of the parties and has the same or as similar economic effect as possible.

Article 15 Applicable law and competent court.

  1. The legal relationships between MAES and the Client are exclusively governed by Belgian law.
  2. In the event of a dispute, only the courts of the jurisdiction of the registered office of MAES have jurisdiction, unless the law mandates another competent court.

Part 3. Delivery agreement.

Article 16 Scope

The provisions of this part 3 apply, in addition to the provisions of part 2 and the special conditions that have been agreed, specifically for Supply Agreements.

Article 17 Formation.

  1. The Delivery Agreement between MAES and the Client is only concluded after the Client has placed an order for delivery of Fuel Products and MAES has explicitly accepted this order. MAES may always require that an oral (telephone) order is first confirmed in writing by the Customer, before proceeding to delivery, i.h.b. when the evidence in civil matters applies. The acceptance of the order by MAES may also be evidenced by the fact that it proceeds to delivery.
  2. MAES will deliver Fuel Products as stipulated in the Delivery Agreement. The Customer shall purchase the ordered Fuel Products, pay the agreed price and comply with the other provisions of the Delivery Agreement. The Delivery Agreement does not affect the applicable legal and regulatory provisions.

Article 18 Cancellation.

  1.  The Customer does not have the right to withdraw or renounce a Supply Agreement. A Supply Agreement can only be canceled by mutual agreement between the Customer and MAES under the conditions and modalities laid down in §2 of this article.
    In the event that the Supply Agreement would qualify as a distance contract or an off-premises contract, as defined in the Code of Economic Law, the Customer-Consumer thus acknowledges and accepts that he does not have any right of withdrawal , as referred to in Articles VI.45, §1, 8 ° and VI.47 of that Code, respectively Articles VI.64, §1, 7 ° and VI.67 of that Code, and that he therefore no longer can revoke, in view of the specific object of the Supply Agreement – being Fuel Products – and in view of the applicable exceptions provided for in Articles VI.53, 2 ° and VI.73, 2 ° of that Code (the consumer can revoke the right of withdrawal do not exercise for the supply of goods the price of which is subject to fluctuations in the financial market on which the company has no influence and which is within the withdrawal period), respectively, Articles VI.53, 6 ° and VI.73, 6 ° of that Code (the consumer cannot exercise the right of withdrawal for the delivery of goods which, by their nature, are irrevocably mixed with other products).
  2. If the Client wishes to cancel a Supply Agreement, he must send a written request to MAES, which will consider this request.
    MAES will then decide, at its discretion, whether it will hold the Client to the performance of the Supply Agreement or agree to its cancellation requested by the Client and notify its decision to the Client.
    If MAES agrees with the cancellation of the Supply Agreement requested by the customer, the Customer owes MAES a fixed and irreducible cancellation fee equal to 35% of the total price that the Customer would have had to pay to MAES for the supply of Tire Fabric Products. when executing the Supply Agreement. The calculation of this fee is based on the liter price that was applicable to the Supply Agreement and the delivery quantity specified by the Customer when ordering and, in the absence of such a statement, the assumption that the Customer’s fuel tank when executing the Supply Agreement. at least 75% had to be refilled.
    This fixed and irreducible cancellation fee is always due, even if the notification of the agreement of MAES with a cancellation of the Supply Agreement requested by the Customer would not explicitly mention it.

 Article 19 Price.

  1. The order for Fuel Products for delivery outside the network of Gas Stations is accepted subject to reservation and executed at the current price in force on the day of the order.
  2. Any change of one or more elements that form the basis for the calculation of the selling prices, that can be determined on the basis of objective circumstances and that are not exclusively attributable to the unilateral expression of will of MAES (including but not limited to, an increase in taxes, fees, fees, levies and excise duties), entitles MAES to the commitments entered into at that time to revise and adapt to the situation as it applies at the time the Fuel Products are delivered.

Article 20 Delivery times.

  1. All delivery periods stated by MAES are communicated to the best of their knowledge on the basis of the information known to MAES at the time the respective delivery period was specified. Except in the case of delivery to a Customer-Consumer, the specified delivery times are only mandatory if it is explicitly agreed in writing that the execution time is mandatory by the explicit mention of “mandatory execution time” in the Delivery Agreement. MAES will, to the best of its ability, try to comply with the stated delivery period.
  2. Except in the case of a delivery to a Customer-Consumer, in the event of a delay in performance, the Customer will in no case be able to demand the dissolution of the agreement – unless MAES is notified by registered letter fourteen days the Client has still not executed – and the Client will in no way be able to claim any compensation or fine of whatever nature from MAES.

Article 21 Delivery.

  1. The Client will provide MAES with all information that is necessary to deliver the Fuel Products easily and safely. If there are specific delivery situations specific to the place of delivery, the Client will inform MAES in writing at the time of the order.
  2. The quantity of a Fuel Product delivered is determined by the Customer by reading the meter readings on the tanker before and after delivery. A copy of the delivery note with ticket print of the meter readings is always left with the Customer. The Customer accepts this ticket print as proof of the quantity delivered. MAES may require the Customer to sign off this ticket print.
  3. If the delivery of Fuel Products cannot take place due to the fault of the Customer, the costs caused by this will be charged to him.

Article 22 Liability

  1. The deliveries of Fuel Products by MAES take place in accordance with the instructions of the Customer, who is responsible for the information provided by him and bears full liability for this. The Customer who wants the MAES tank truck to enter his site guarantees that the surface is sufficiently strong to support the tank truck and that there is sufficient room for maneuver for the tank truck. Under no circumstances can MAES be held liable for damage to the ground caused by the tanker as a result of poor stability or insufficient maneuvering space.
  2. The Customer bears sole responsibility and liability for:
    1. the fact that the storage tank and associated parts are manufactured and installed and used with respect for  all applicable environmental regulations, and in particular with regard to the storage of liquid fuels; and
    2. the capacity of its storage tank.
  3. MAES will under no circumstances be liable for the overfilling as a result of too large a delivery if this is the result of incorrect or incomplete information provided by the Customer.
  4. MAES disclaims any liability for damage caused during the delivery of Fuel Products due to defective storage material or defects at the delivery location.
  5. The Customer has the obligation to inform MAES of any problem that may arise during the delivery of Fuel Products, and this at the latest at the time of the order. In the absence of this, MAES will not be held liable in the event of problems related to this.

Part 4. Card.

Article 23 Scope

The provisions of this part 4 apply, in addition to the provisions of part 2 and the special conditions that have been agreed, specifically for Card Agreements.

Article 24 General provisions.

  1. The Card Agreement between MAES and the Customer is only concluded after the Customer has placed a request for the allocation of one or more Cards and MAES has explicitly accepted this request.
  2. If the Card Agreement qualifies as a distance agreement or agreement concluded outside the sales areas, as defined in the Economic Law Code, the Customer-Consumer has a right of withdrawal as referred to in Article VI.45, §1 8 ° and Article VI.64, §1, 7 ° of the WER. The Customer-Consumer can make use of this right of withdrawal by informing MAES in writing within fourteen days of confirming the acceptance of the request to conclude a Card Agreement that he wishes to make use of this right of withdrawal. This letter contains, among other things, the data of the Customer-Consumer, the date of withdrawal and the signature of the Customer-Consumer. If the Customer-Consumer makes use of this right of withdrawal, the Card Agreement will cease to exist by operation of law and, if applicable, the Customer-Consumer will no longer be able to use the Card (s) that have already been made available and will immediately return it to MAES.
  3. MAES decides at its own discretion whether or not to grant a Card. Cards are only issued after a Card Agreement has been signed by MAES and the Customer.
  4. After receiving the completed application, MAES will apply to its credit insurer for cover for the credit risks on the Customer. If no cover is provided, Cards can only be provided after the Customer provides a (bank) guarantee. After obtaining a credit line or (bank) guarantee, MAES will send the requested Card (s) and PIN (s) blocked to the Customer. After confirmation of receipt by the Customer, MAES will activate the Card (s)
  5. When the Card Agreement is signed by MAES and the Customer, an Account is opened with a credit limit approved by the Card Manager and with the restrictions or extensions agreed between MAES and the Customer.
  6. If the Cardholder and the Customer are not the same person, the Customer ensures that the Cardholder respects the applicable conditions and the Customer is liable for the consequences arising from his use of the Card. All provisions of these general terms and conditions and the Card Agreement apply in full to the Cardholder
  7. The Card remains the property of MAES at all times and is returned by the Customer on first request. Neither the Customer nor the Cardholder may change anything about the Card and not copy it.
  8. The Card, the PIN code and the Password are strictly personal. Only the Cardholder is entitled and authorized to use the Card, the PIN Code and the Password for himself or, if applicable, in the capacity of an independent service provider or employee employed by the Client. The Cardholder is expressly forbidden to make the Card, PIN and Password available to third parties in any way (actively or passively).
  9. The Customer can specify a number of restrictions per Card, via the Card Manager’s customer service or, if possible, via the Personal Page, including, but not limited to, card limits, geographical area and product type. An average processing time of 1 working day applies
  10. The used credit of the Account may never exceed the established credit limit for the account.
  11. The Card is only valid within the network of Gas Stations.

Artikel 25      Duration.

  1. The Card can be used and is valid for the entire duration of the Card Agreement.
  2. The duration of the Card Agreement is laid down in the special conditions. In the absence of an explicit provision regarding the duration of the Card Agreement in the special conditions, it is deemed to be of indefinite duration. The Customer can cancel the Card Agreement with immediate effect by sending a registered cancellation letter to MAES. MAES can cancel the Card Agreement by sending a registered cancellation letter to the Customer and with due observance of a cancellation period of one month, counting from the sending of the aforementioned cancellation letter.
  3. Notwithstanding the foregoing and any other remedies available to MAES, the Card Agreement may be terminated by MAES with immediate effect in the following cases, after notifying the Customer if:
    1. the Customer remains in default to make payment on the due date of one or more invoices;
    2. the Client exceeds his credit limit;
    3. the Client fails to provide or maintain sufficient security;
    4. any bank guarantee (s) provided will be terminated;
    5. any credit lines are withdrawn by the Client’s lender;
    6. there is a suspicion of fraud or misuse of the Customer’s Card (s), or if such fraud or misuse has been established;
    7. MAES conducts and / or obtains a credit assessment for the Client (in connection with which the Client hereby agrees that MAES conducts and / or obtains this credit assessment from time to time) which, in MAES’s opinion, does not meet expectations;
    8. MAES is of the opinion that there are objective reasons to believe that the financial situation of the Customer has been affected or is becoming unstable;
    9. the Customer commits a material infringement of any (other) article of these general terms and conditions and / or the Card Agreement; or
    10. the Customer transfers his rights and obligations under the Card Agreement without the express written permission of MAES.
  4. In the event of termination of the Card Agreement, for whatever reason, the Customer is obliged to return the Card to the Card Manager without delay and the Customer and, if applicable, the Card Holder, are strictly prohibited from continuing to use the card.

Article 26 Use.

  1. The Card may only be used by the Customer or, if applicable, the Card Holder, for obtaining Fuel Products at those Gas Stations as agreed with the Customer.
  2. The Cardholder must handle the Card, the Pin Code and the Password with care. The Cardholder must take all measures to ensure the security of the Card, the PIN code and the Password and to prevent unauthorized use thereof.
  3. The Card may only be used for purchases on the Customer’s Account within the credit limit set by the Card Manager and with due observance of the applicable restrictions.
  4. The Cardholder must have the Card blocked immediately if there is reason to do so. In that context, the Cardholder must at all times stay informed of the regulations that MAES provides, for example to prevent fraud with the Card and the PIN code.
  5. The Cardholder is obliged to always keep the Card securely and carefully. In this regard, the Cardholder will ensure that:
    1. no one can see the Card in the storage place where the Card is stored if the Cardholder does not use the Card;
    2. no one can see where the Cardholder is storing the Card;
    3. the Cardholder stores the Card in such a way that no-one can take it away unnoticed; and
    4. the Cardholder ensures that he does not lose the Card
  6. The Cardholder is obliged to always use the Card carefully. The following rules apply in any case:
    1. the Cardholder never hands over the Card, even if another person wants to help him;
    2. the Cardholder does not lose sight of the Card for a moment until the Card is safely stored again;
    3. the Cardholder always checks whether he receives his own Card back after use and that it has not been exchanged for another card;
    4. the Cardholder carefully follows the instructions on the payment terminal with regard to the safety of that payment terminal;
    5. the Cardholder immediately contacts the Card Administrator via the MAES reporting point in Article 30§ 1 to have the Card blocked if it has not been returned after a transaction;
    6. the Cardholder does not use the Card if he knows or suspects that the use is or may be unsafe in certain situations; and
    7. the Cardholder will not be distracted if he uses the Card.
  7. The Customer may not use the Card in any way to obtain cash.

 Article 27 PIN code.

  1. In order to carry out transactions and identify themselves, the Customer must enter the Card into the payment terminal, the reader or any other device made available to him, and enter his PIN code. The use of the Card may be restricted for security reasons and / or subject to additional conditions.
  2. The PIN code replaces the handwritten signature, also has the same probative value as the latter and serves as approval for the acquisition of Fuel Products. Consent to a transaction is deemed to have been given when the Customer has entered the PIN and / or has followed and completed the necessary authentication procedures to confirm the transaction. The Customer can no longer revoke a purchase of Fuel Products after he has given his consent.
  3. The Cardholder is always required to ensure that the PIN code remains secret. The Cardholder declares that he:
    1. choose a PIN code that is not too easy to find if it changes or chooses the PIN code;
    2. learns the PIN code from the outside and does not write down anywhere;
  4. immediately documents that state the PIN code;
  5. does not show or disclose the PIN to anyone; and
  6. if a note of the PIN is made, this happens in a way that the PIN is not recognizable, traceable or otherwise decipherable by anyone else
  7. The Cardholder must always use the PIN carefully. The Cardholder does that if he:
    1. ensures that other persons cannot see the PIN if the Cardholder enters it, for example at a payment terminal;
    2. when entering the PIN code, the other hand and body are used as much as possible to protect the keyboard; and
    3. cannot be helped by someone else when entering the PIN code
    4. To the extent possible, all obligations of the Cardholder and the regulations given herewith also apply to storing and using the Password.

Article 28 Automatic debit.

  1. Unless otherwise agreed, the payments will be made via direct debit (SEPA). The Client will provide MAES with a fully completed and signed direct debit authorization valid for the entire duration of the Card Agreement.
  2. The pre-announcement with indication of the amount and the date of execution will be sent to the Client within a period of 14 calendar days before the invoice is debited
  3. If an automatic debit is withdrawn or refused, the Customer shall immediately pay MAES an amount equal to the amount of the automatic debit that has been withdrawn or refused. If an automatic debit is unsuccessful, EUR 10 administration costs will be charged to the Client (without prejudice to MAES’s right to claim additional compensation if it can prove that its damage exceeds the aforementioned amount).

Article 29 Credit limit.

  1. The credit limit represents the maximum amount of expenditure that is permitted between two invoices. It does not represent a credit line.
  2. If the Customer exceeds the established credit limit and fails to immediately take adequate measures to bring the issue amount within the established credit limits or immediately agree an appropriate repayment arrangement with MAES, MAES reserves the right to further use the Block the card and close the Client’s Account, without prejudice to MAES’s right to recover the resulting damage from the Client.

Article 30 Abuse, theft or loss.

  1. To prevent unauthorized use of the Card, the Cardholder must have the Card blocked immediately via the Personal Page if:
    1. the Card has been stolen or the Cardholder suspects it has been stolen;
    2. the Cardholder has lost the Card or he no longer knows where he left the Card
    3. the Cardholder finds that one or more transactions have been made with the Card that have not been made by him, for example after verification via the Personal Page;
    4. the cardholder knows or suspects that someone else knows or has seen the PIN code; and
    5. the Cardholder has doubts about the security of the Card or the PIN for another reason
  2. If the Customer recovers or finds the Card after the notification, the Customer or, if applicable, the Card Holder may no longer use it. The old card must be returned to the Card Manager or destroyed, all this at the discretion of the Card Manager, after which the Customer receives a different card and, if necessary, a different PIN code
  3. In the event of damage due to misuse of the Card, the Cardholder must immediately report this to the police. If MAES requests this, the Cardholder and / or the Client must be able to provide a copy of the report.
  4. The Cardholder must take into account that the Card Manager and third parties appointed by MAES and belonging to the network of Service Stations can have the use of a specific Card blocked if there is (suspected) misuse, a technical defect or when this is necessary for the safety and protection of the Customer, and / or the proper functioning of the relevant Card.
  5. The Card Manager can at any time permanently or temporarily block a Card or refuse to re-issue, renew or replace it.
  6. The Client is liable for transactions made with the Card or for transactions that misuse the Card in general up to 4 hours after the Card has been blocked via the Personal Page.

 Article 31 Intellectual Property Rights.

  1. The intellectual property rights to all services and accessories of MAES are the property of MAES or of the third party from whom MAES has obtained the right to make (a part of) these services available to the Customer and / or its customers and / or Cardholders. to state
  2. The Customer declares that he will not infringe in any way, or that he will assist in this in an active or passive manner, with regard to the intellectual property rights referred to in Article 31, § 1. “infringement” is also understood to include (trying to) adapt, change, circumvent, prevent the operation of the security measures of the chip of the Card and / or the Personal Page, for the purpose of unauthorized use of the Card.

Article 32 Liability.

  1. It is forbidden for the Cardholder to damage or cause the Card to be damaged, to have it changed or to have it used in any other way, other than the use for which the Cardholder is authorized.
  2. The Customer is – insofar as this is possible within the legal limits – fully liable for all damage, for whatever reason, related to the use and / or misuse of the Card, the PIN or the Password. towards MAES, the Card Manager and / or third parties. “Damage” is understood to mean all direct and indirect damage, except for the liability for direct damage caused by an attributable shortcoming in the implementation of the Card Agreement by MAES.
  3. The Client indemnifies MAES and the Card Administrator and / or third parties against all damage caused by counterfeiting, alteration and / or copying of the Card by the Cardholder or as a result of behavior attributable to the Cardholder. .
  4. The Customer is not entitled to compensation or other compensation in connection with being unable to use the Card issued by MAES, regardless of whether the cause of this being unable to use is caused by damage to this Card, the temporary out of be at the service of the payment terminal, the refusal of a third party that belongs to the service stations network to deliver or otherwise provide products and / or services.

MAES MOBILITY CARD GENERAL CONDITIONS

DEFINITIONS

  • Agreement” means these terms and conditions.
  • Available Funds” means at any given time any unspent funds loaded onto the Master Wallet
    which are available to pay for transactions and fees and charges payable under this Agreement.
  • Business Day” means any day other than a Saturday, Sunday or national public holiday on which
    banks are open for business in Gibraltar and the UK.
  • Card”, “MAES Prepaid Visa Card” or “Pre-paid Visa Card” means a virtual or physical electronic
    money card issued by Us to You, the corporate customer.
  • Cardholder” means any person representing You, the corporate customer, in the performance of the
    Agreement (including the use of the Card), or who makes any communication or gives any
    authorisation for a transaction or other instructions to Us on Your behalf, in respect of the Card or any
    of the services provided by Us un the Agreement; for the avoidance of doubt the Cardholder is not
    acting as a consumer for the purposes of this Agreement;
  • Commencement Date” means the date You confirm agreement to these Terms and Conditions or a
    Cardholder commences using the Card or activates it, whichever is the earlier.
  • Contactless” means a payment feature that provides You with a way to pay by tapping the Card on
    a point–of–sale terminal reader for transactions of up to a specified limit.
  • Customer Services” means the customer support services described in clause 15.
  • EEA” means the European Economic Area.
  • Expiry Date” means the date printed on Your Card which is the date Your Card will cease to work.
  • MAES” means Etablissementen J. Maes Zonen N.V.
  • Master Wallet” means the e-wallet in Your, the corporate customer’s, name where the
    Available Funds are held.
  • Milo App” or “App” means XXImo’s mobile application.
  • PIN” means Your unique personal identification number as chosen by the Cardholder for use with Your
    Card.
  • We”, “Us” or “Our” means IDT Financial Services Limited or XXImo, acting as Program Manager on
    IDT Financial Services Limited’s behalf, as the context requires.
  • Website” means MAES’ website available at https://www.maes-oil.be/en/.
  • You” or “Your” means the corporate customer in whose name the Card or Master Wallet is registered
    and who has accepted the Agreement, or, where the context so requires, the Cardholder.
  1. INFORMATION ON WHO WE ARE AND THIS AGREEMENT

    1. This Agreement sets out the general terms and conditions that apply to the MAES Prepaid Visa
      Card. This Agreement between You and Us governs the possession and use of the Card. By
      allowing a Cardholder to use or activate the Card (see clause 2.4), You accept the Agreement.
      Copies of this Agreement can be found on the Website or can be obtained free of charge by
      contacting MAES’s Customer Services team in accordance with clause 15.
    2. Cards are issued by IDT Financial Services Limited pursuant to a licence from Visa Europe
      Incorporated. IDT Financial Services Limited is regulated and authorised by the Financial
      Services Commission, Gibraltar. Registered Office of IDTFS Financial Services Limited: 57-63
      Line Wall Road, Gibraltar. Registered No. 95716. At all times the Card remains the property of
      IDT Financial Services Limited. IDT Financial Services Limited is the payment services
      provider and e-money issuer for the purposes of the Agreement.
    3. The production of the Cards and the technology systems required to operate the Cards are
      provided by XXImo B.V. incorporated and registered in The Netherlands (“XXImo”). MAES
      provides customer support for Cards as set out in clause 15.
    4. The Agreement will commence on the Commencement Date subject to clause 1.5. The
      Agreement will terminate in accordance with clause 10. The Agreement and all communications
      between Us and You shall be in the Dutch, French or English language.
    5. We reserve the right to refuse Your application or to activate the Card if the results of the checks
      carried out pursuant to clause 3 or otherwise give Us reason to suspect You of being involved
      in or intending to use the Card for money laundering, terrorist financing, fraud or other illegal
      activity. If We refuse activation and use of the Card, We will inform You of the refusal but may
      not inform You of the reason for the refusal.
    6. If Your annual turnover and/or annual balance sheet total exceeds €2 million and You have at
      least ten (10) employees, You:

      1. confirm that You are not a consumer, micro-enterprise or a charity within the meaning
        of Directive (EU) 2015/2366 (“Directive”);
      2. agree that none of the provisions of Title III of the Directive as implemented
        under applicable national legislation applies to this Agreement; and
      3. agree that Article 62(1), Article 64(3), and Articles 72, 74, 76, 77, 80, 89 and 90 of the
        Directive as implemented under applicable national legislation do not apply to this
        Agreement and that a different time limit may be applied to this Agreement to the one
        set out in Article 71 of the Directive.
  2. CARDS

    1. The Card is a prepaid payment card which may be used to pay for goods and services at
      participating retailers that accept prepaid Visa cards. The physical card may be used in shops
      and retail locations where the Cardholder is physically present or for online and other distance
      purchases. Your Card cannot be used to make cash withdrawals from ATMs and banks. Like
      any Card, We cannot guarantee that a particular retailer will accept the Card – Cardholders
      should check with the retailer before attempting the transaction if unsure. The Cardholder will
      not be able to use the Card to make any purchases from some retailers; such retailers have
      been blocked by Our systems in order to prevent the potential use of cards for unauthorised or
      unlawful activity.
    2. The Card is an electronic money (“e-money”) product, regulated by the Financial Services
      Commission (“FSC”), Gibraltar. It is a prepaid card not a credit card and is not linked to Your
      bank account. You must ensure that You have sufficient Available Funds in the Master Wallet
      for the Cardholder to pay for each purchase or payment using the Card. The Card is intended
      for use as a means of payment, and funds loaded onto the Card do not constitute a deposit.
      You will not earn interest on the balance of the Card. The Card will expire on the Expiry Date
      and will cease to work. Please check clause 8 of this Agreement for further information.
    3. The electronic money associated with the Card is issued by IDTFS to You.
    4. When the Cardholder receives the Card, it will be issued in an inactive state. The
      Cardholder will need to activate it by logging onto www.xximo.be, in Your personal login
      area (“Online Account Centre”) and then following the login and activation request for the
      Card prior to use. The Card will normally be ready for use one hour after activation. If the
      Cardholder does not activate the Card, any transactions that the Cardholder attempts to
      carry out may be declined.
  3. IDENTIFICATION REQUIRED FOR PURCHASE OF CARDS

    1. The Card is a financial services product, and We are therefore required by law to hold certain
      information about Our customers. We use this information to administer Your Card, and to help
      Us identify You and Your Card in the event that it is lost or stolen. We only keep this information
      as long as is necessary and for the purposes described. Please see clause 17 for more
      information.
    2. The Card is intended for use by corporate firms (even though the use of the Card is through
      individual Cardholders representing You). In order to obtain a Card, You must be a body
      corporate (e.g. a company) acting within the ordinary course of business registered and
      incorporated in Belgium. We may require evidence of what You are, Your controllers and of
      Your registered office and place of business. We may ask You to provide some documentary
      evidence to prove this and/or We may carry out checks on You or persons connected to You
      electronically.
    3. When We carry out these checks, Your information (including personal information in relation
      to persons connected to You including but not limited to directors, officers, shareholders,
      beneficial owners and Cardholders) may be disclosed to credit reference agencies and fraud
      prevention agencies. These agencies may keep a record of the information and a footprint may
      be left on Your or the relevant person’s credit file, although the footprint will denote that the
      search was not a credit check and was not carried out in support of a credit application. It is an
      identity check only, and will therefore have no adverse effect on You or the relevant person’s
      credit rating.
    4. The opening of the Master Wallet and/or activation or use of the Card will indicate to Us that
      You consent to the checks described in this Agreement being undertaken.
    5. Where permitted, You may request additional Cardholders. You authorise Us to issue Cards
      and PINs (chosen by the Cardholder), to the additional Cardholders and You authorise each
      additional Cardholder to authorise transactions on Your behalf. You remain responsible for any
      fees, transactions, use or misuse of any Card requested by You. If You fail to comply with any
      provisions of the Agreement as a result of any act or omission by a Cardholder, You will be
      liable for any losses We sustain as a result.
    6. The Agreement also applies to any additional Cards and Cardholders that You have arranged.
      It is important that You communicate this Agreement to any additional Cardholders before they
      start using the Card. You must also provide to Us on request any details of any Cardholders
      and proof of any Cardholder’s authority to act on Your behalf.
    7. You represent and warrant to Us that:
      1. You are a body corporate, which is duly incorporated or registered in the country where
        You are established, and are acting within the scope of Your ordinary course of business;
      2. You are not a charity;
      3. You are duly authorised to enter into the Agreement and to perform Your obligations
        hereunder, and the person(s) entering into the Agreement on Your behalf are duly
        authorised to represent and bind You;
      4. the terms of the Agreement constitute and create legal, valid and binding obligations on
        You which are enforceable in accordance with their terms and do not constitute a breach
        of any obligations by which You are bound whether arising by contract, operation of law
        or otherwise;
      5. You are not in a state of bankruptcy or insolvency, have not petitioned a compromise or
        arrangement with creditors or submitted a company recovery application, and are not in
        any similar situation under the applicable laws;
      6. You hold the necessary licences, registrations and other forms of authorisation as may
        be required under the applicable laws for the carrying out of Your trade, business or
        professional activities in the jurisdiction(s) where Your trade, business or professional
        activities are carried out;
      7.  You undertake to only allow the use of the Card and any services provided under the
        Agreement exclusively for the purpose of Your regular trade, business or professional
        activities, as the case may be;
      8. You are in compliance with all applicable anti-money laundering and sanctions laws and are not aware of any breach by you or any authorised persons of any such laws; and
      9. if You become aware that any authorised person is (or will be) in breach of the terms of the Agreement, You will take steps to remedy the breach and/or prevent the authorised person concerned from using the Card.
  4. FEES AND CHARGES

    1. The fees and charges applicable to this Card form an integral part of the Agreement and available to be viewed at this link: https://www.maes-oil.be/en/rates-maes-mobility-card/. All fees and charges may also be issued in hard copy upon request by contacting MAES’s Customer Services team as described in clause 15. You should be aware that other taxes or costs may exist that are related to the Card but are not paid via Us or imposed by Us.
  5. HOW TO USE THE CARD

    1. A Card may only be used by You or through one or more Cardholders acting on Your behalf. The Card is otherwise non-transferable, and You are not permitted to allow any other person to use the Card, for example, by disclosing Your PIN or allowing them to use Your Card details to purchase goods via the internet. If a physical Card, prior to use, the Card should be signed on the signature strip located on the back of the Card by the Cardholder.
    2. We will be entitled to assume that a transaction has been authorised by You, or a Cardholder acting on Your behalf, and You have therefore given Your consent to a transaction where either:
      1.  In the case of a physical Card:
        1. the magnetic strip on the Card was swiped by the retailer or the Card was inserted into a chip & PIN device;
        2. the Card PIN was entered or a sales slip was signed; or
        3. the Card is tapped against a Contactless enabled reader and accepted by such reader.
      2. In the case of either a physical or virtual Card:
        1.  relevant information was supplied to the retailer that allows them to process the transaction, for example providing the retailer with the 3-digit security code on the back of the Card in the case of an internet or other non-face-to-face transaction.
    3. Normally, We will receive notification of Your authorisation by way of an electronic message in line with the rules and procedures of the payment scheme (Visa network). Once You have authorised a transaction, the transaction cannot be stopped or revoked. However, You may in certain circumstances be entitled to a refund in accordance with clauses 13 and 14.
    4. On receipt of notification of the authorisation of a transaction and the transaction payment order, normally We will deduct the value of the transaction, plus any applicable fees and charges, from the Available Funds. The transactions will be executed as follows;
      1. Within the EEA We will execute any transaction:
        1.  in euro;
        2. executed wholly within Gibraltar in sterling; or
        3. involving only one currency conversion between the euro and sterling, provided that the required currency conversion is carried out in Gibraltar and, in the case of cross-border transactions, the cross-border transfer takes place in euro,
          by transferring the amount of the transaction to the payment service provider of the retailer by the end of the next Business Day following the receipt of the payment order.
      2. Any other transactions within the EEA will be executed no later than 4 Business Days following the receipt of the payment order.
      3. If the payment service provider of the retailer is located outside the EEA, We will execute the transaction as soon as possible.
      4. The payment order will be received when We receive it from the retailer’s payment service provider or directly from You. If We receive the payment order on a non-Business Day or after 4:30 pm on a Business Day, it will be deemed received by Us on the following Business Day.
    5. Under normal circumstances, if any payment is attempted that exceeds the Available Funds, the transaction will be declined. In certain circumstances, a transaction may take the Available Funds into a negative balance – this will normally be where the retailer has failed to seek authorisation for the transaction. In these cases, We will attempt to recover some or all of the money from the retailer if We can, providing that We are satisfied that You or the Cardholder have not deliberately used the Card in the manner that would result in a negative balance. We will deal with such instances on a case-by-case basis, but where there is a negative balance in the Master Wallet, We may require You to make up the shortfall and, until there are Available Funds, We may restrict or suspend the use of Your Card.
    6. The Card may be used in full or part payment for purchases. In the case of part payment, the cardholder will be required to pay the outstanding amount of the purchase by an alternative means, for example, cash or debit card or credit card.
    7. The Card may be used to enable Contactless transactions. When using the Card for Contactless transactions, a maximum limit will apply. The limit is regulated by Visa and may vary from time to time.
    8. If the Card is used for a transaction in a currency other than the currency that the Card is denominated in, the transaction will be converted to the currency that the Card is denominated in by the Visa scheme network at a rate set by Visa Europe Incorporated, please refer to https://www.visaeurope.com/making-payments/exchange-rates.
      The exchange rate varies throughout the day and is not set by Us, therefore We are not responsible for and cannot guarantee You will receive a favourable exchange rate. Changes in the exchange rates may be applied immediately and without notice. You can ask Us for information about the exchange rate used after the transaction has been completed by contacting MAES’s Customer Services team in accordance with clause 15. You will also be notified of any applicable exchange rate for each transaction in Your online account, which is updated daily, where the exchange was performed by Us.
    9. Normally, We will be able to support transactions 24 hours per day, 365 days per year. However, We cannot guarantee this will be the case, and in certain circumstances – for example a serious technical problem – We may be unable to receive or complete transactions.
  6. RESTRICTIONS ON USE OF CARD

    1. You must ensure that You have sufficient Available Funds to pay for each purchase or payment using the Card.
    2. The Card is not linked to a bank deposit account and is not a cheque guarantee card, charge card or credit card, nor may it be used as evidence of identity.
    3. The Card may not be used for gambling or illegal purposes. Furthermore, certain types of transactions may be blocked.
    4. The Master Wallet may only be loaded by the corporate customer in whose name the Card or Master Wallet is registered and who has accepted the Agreement. The Card may only be loaded from the Master Wallet. Loading by Cardholders or by another source is not permitted. The applicable Master Wallet Load Fees are provided in clause 4.1. For the purposes of preventing fraud, money laundering, terrorist financing or any other financial crime We reserve the right to vary these limits and to decline any reload at any time. The Master Wallet and Card may only be loaded via channels that We approve. The type and nature of these load channels will depend on the commercial relationship We have with Our partners. We will describe these load channels applicable to Your Master Wallet in the Milo App, however, should You have any questions about ways to load Your Master Wallet please contact MAES’s Customer Services team in accordance with clause 15.
    5. Spending limits may apply to the Card.
    6.  Any pre-authorisation amount (such as a hotel booking or car hire) will place a “hold” on Your Available Funds until the retailer sends Us the final payment amount of the purchase. Once the final payment amount is received, the pre-authorisation amount on hold will be removed. It may take up to 30 days for the hold to be removed. During the hold period, You and the Cardholders will not have access to the pre-authorised amount.
  7. MANAGING YOUR CARD

    1. You will need access to the internet to manage Your Master Wallet and the Cards. You may check the balance and Available Funds on Your Master Wallet in the Milo App. You may view a statement of recent transactions, which will be updated daily, by visiting the Online Account Centre.
  8. EXPIRY OF THE CARD

    1. Your Card will expire on the Expiry Date. On that date, subject to clause 8.2 below, this Agreement will terminate in accordance with clause 10, the Card will cease to function and You will not be entitled to use the Card.
    2. In some cases, We may issue a new Card to You shortly before the Expiry Date, however, We are not obligated to do so, and may elect not to issue a replacement Card at Our sole discretion. If We do issue a new Card, a new Expiry Date will apply and the new Card will expire on that Expiry Date.
    3. If You do not wish to receive a replacement Card, You may terminate the Agreement free of charge as set out in clause 10.3.
  9. TERMINATION AND REDEMPTION PROCEDURE

    1. You may terminate this Agreement, Your Master Wallet and the Cards in accordance with clause 10.3 and redeem all of the Available Funds by contacting MAES’s Customer Services team in accordance with clause 15. Upon expiry of the Agreement, You may redeem all of the Available Funds free of charge.
    2. Before termination and during Your Agreement with Us You may redeem some or all of the Available Funds by contacting MAES’s Customer Services team in accordance with clause 15. We will normally arrange an electronic transfer to a bank account that You nominate for the amount of the remaining Available Funds.
    3. We will not complete Your redemption request if We believe You have provided false information, We are concerned about the security of a transaction, if Your Master Wallet is not in good standing.
    4. If You request redemption of the entire remaining balance in accordance with clause 9.1, We will assume that it is Your intention to terminate this Agreement and will cancel Your Master Wallet and Cards.
    5. If for any reason You have some Available Funds left following the termination of the Agreement, You may redeem them in full at any time following the termination.
  10. EXPIRY AND TERMINATION OF THIS AGREEMENT

    1. Subject to clauses 10.2 and 10.3, this Agreement will expire and terminate 3 years from the date on which You accept this Agreement in accordance with clause 1.1 subject to:
      1. notification by Us that your Master Wallet will be renewed on the expiry of the Agreement; or
      2. a request for cancellation by You and/or redemption by You of the entire remaining balance on Your Master Wallet in accordance with clause 9.2 and 9.5 above. There are no cancellation fees.
    2. We may terminate this Agreement:
      1. if You or a Cardholder breach an important part of this Agreement, or repeatedly breach the Agreement and fail to resolve the matter within 10 days, or use Your Card or any of its facilities in a manner that We reasonably believe is fraudulent or unlawful;
      2. if You or a Cardholder act in a manner that is threatening or abusive to Our staff, or any of Our representatives; or
      3. if You fail to pay fees or charges that You have incurred or fail to put right any shortfall on the balance of Your Card.
        We may also terminate the Agreement for no or any reason, including the reasons above, by giving You 1 month’s notice.
    3.  You may terminate the Agreement by contacting Us using the contact details in clause 15.1 and giving Us 1 month’s notice.
    4. If the Agreement terminates, We will cancel Your Master Wallet and all Cards and You must tell Us as soon as practicable what You want Us to do with any unused Available Funds by writing to mmc@maesmobility.be.
  11. KEEPING YOUR CARD AND DETAILS SAFE; LIABILITY OF CORPORATE CUSTOMER

    1.  We will assume that all transactions entered into by You or a Cardholder with Your Card or Card details are made by You or a Cardholder unless You notify Us otherwise in accordance with clause 14.1.
    2. You, the corporate customer, are responsible for keeping and ensuring that each Cardholder keeps Your Card and its details safe, and You, the corporate customer, are responsible for all Card transactions, fees under the Agreement, and losses and liabilities arising from the use or misuse of the Card or Master Wallet. This means You must take and ensure that each Cardholder takes all reasonable steps to avoid the loss, theft or misuse of the Card or details. Do not disclose, and ensure that no Cardholder discloses, the Card details to anyone except where necessary to complete a transaction.
    3. You must keep and ensure that each Cardholder keeps Your PIN safe at all times. This includes:
      1. memorising Your PIN as soon as You receive it;
      2.  never writing the PIN on the Card or on anything You usually keep with Your Card;
      3. keeping the PIN secret at all times, including by not using Your PIN if anyone else is watching; and
      4.  not disclosing the PIN to any person.
        Failure to comply with this may be treated as gross negligence and may affect Your ability to claim any losses. NEVER COMMUNICATE YOUR PIN TO ANYONE ELSE (OTHER THAN A
        CARDHOLDER) IN WRITING OR OTHERWISE. This includes printed messages, e-mails and online forms.
  12. LOST, STOLEN OR DAMAGED CARDS

    1. If You lose or any Cardholder loses Your Card or it is stolen or damaged or You suspect it has been used without Your authority, You must notify Us without undue delay as soon as You become aware of this. You can do this by blocking Your Card by telephoning MAES’s Customer Services team in accordance with clause 15 of this Agreement. You will be asked to provide Your Card number and other information to verify that You are the customer or the notifier is an authorised Cardholder. Following satisfactory completion of the verification process, We will then immediately block any lost or stolen Card to prevent unauthorised use and cancel any damaged Card to prevent further use.
    2.  After You have notified Us of the loss, theft or risk of misuse, and providing that We are able to identify Your Card and satisfy certain security checks, We will issue a replacement Card and/or PIN to You. Certain fees may apply for the re-issue of a lost or stolen card, please see clause 4 for further details.
  13. PURCHASES FROM RETAILERS

    1. We are not responsible for the safety, legality, quality or any other aspect of the goods and services purchased with the Card.
    2. Where a retailer provides a refund for any reason (for example, if You return the goods as faulty), it can take several days for the notification of the refund and the money itself to reach Us. As such, please allow 5-10 days from the date the refund was carried out for the refund to be applied to Your Card.
  14. TRANSACTION DISPUTES AND CARD SUSPENSION

    1. If You believe that a transaction was incorrectly carried out, in order to get a refund You must contact MAES’s Customer Services team without undue delay – as soon as You notice the problem, and in any case no later than 13 months after the amount of the transaction has been deducted from the Available Funds. If We are liable for an incorrectly executed transaction, We will refund the transaction. MAES’s Customer Services team may require You to complete a dispute declaration form. We may carry out an investigation prior to any refund and You agree to cooperate with Our investigation.
    2. You, the corporate customer, will be liable for all losses incurred in respect of an unauthorised transaction.
    3. In certain circumstances, a transaction will be initiated but not fully completed. Where this happens, this may result in the value of the transaction being deducted from the Available Funds and therefore unavailable for use – We refer to this as a “hanging authorisation” or “block”. In these cases, You will need to contact MAES’s Customer Services team in accordance with clause 15 and present relevant evidence to show that the transaction has been cancelled or reversed.
    4. In certain circumstances, We may without notice refuse to complete a transaction that You or a Cardholder have authorised. These circumstances include:
      1. if We have reasonable concerns about the security of Your Card or We suspect Your Card is being used in a fraudulent or unauthorised manner;
      2. if there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
      3. if there is an outstanding shortfall on Your Available Funds;
      4.  if We have reasonable grounds to believe You or any Cardholder are acting in breach of this Agreement;
      5. if there are errors, failures (mechanical or otherwise) or refusals by retailers, payment processors or payment schemes processing transactions; or
      6. if We are required to do so by law.
    5. Unless it would be unlawful for Us to do so, where We refuse to complete a transaction for You or any Cardholder in accordance with clause 14.4 above, We will notify You as soon as reasonably practicable of the refusal and the reasons for the refusal, together, where relevant, with the procedure for correcting any factual errors that led to the refusal.
    6. We may suspend Your Card, in which case You will not be able to use it for any transactions, if We have reasonable concerns about the security of Your Card or We suspect Your Card is being used in a fraudulent or unauthorised manner. We will notify You of any such suspension in advance, or immediately after if this is not possible, and of the reasons for the suspension unless to do so would compromise reasonable security measures or otherwise be unlawful. We will lift the suspension and, where appropriate, issue a new Card free of charge as soon as practicable once the reasons for the suspension cease to exist. You may also contact Our Customer Services team in accordance with clause 15 to arrange for a suspension to be lifted if appropriate.
  15. CUSTOMER SERVICES, COMMUNICATION AND COMPLAINTS

    1. MAES’s Customer Services team can normally be contacted between 8am and 10pm Monday to Friday and between 9am to 6pm on Saturdays. During these hours they will endeavour to resolve all enquiries immediately, however, please note that certain types of enquiry can only be resolved during normal business opening hours. You can contact MAES’s Customer Services team by the following methods:
      Email: mmc@maesmobility.be Telephone: 03 889 89 89
      Address: Reedonk 12, 2880 Bornem
      If We need to contact You or send You a notification under this Agreement, We will do so by sending an email to the email address You provided Us with when You obtained the Card, or by telephoning You on the number You provided Us with when You first obtained the Card, unless stated otherwise in the Agreement.
    2. MAES’s business opening hours are Monday to Friday, 9am to 5pm (CET). Correspondence received after the close of business on a particular day or on a non-Business Day will be treated as having arrived on the following Business Day.
    3. If You are not satisfied with any element of the service You receive, any complaints should be made to Our customer services team by the following methods:
      Email: servicedesk@xximo.be Telephone: 078-353-452
      Address: XXImo BBVA, Da Vincilaan 1, 1930 Zaventem
      Calls may be monitored or recorded for training purposes.
    4. MAES and Us do everything we can to make sure You receive the best possible service. However, if You are not happy with how Your complaint has been managed by Our Customer Services team and You wish to escalate Your complaint, You should contact the card issuer, IDT Financial Services, PO Box 1374, 1 Montarik Building, 3 Bedlam Court, Gibraltar, email address: complaints@idtfinance.com, web www.idtfinance.com in the first instance for further assistance. A copy of Our complaints policy can be found on www.xximo.be or requested by contacting Us.
    5.  If, having exhausted Our complaints procedure, You remain unhappy, You may complain to the Financial Services Commission, PO Box 940, Suite 3, Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar, e-mail psdcomplaints@fsc.gi, web www.fsc.gi. It is important to be aware that legally it is not the role of the Gibraltar Financial Services Commission to resolve disputes between You and Us.
  16. LIMITATION OF LIABILITY

    1.  None of the organisations described in clauses 1.2 and 1.3 will be liable for:
      1. any fault or failure relating to the use of the Master Wallet or Card that is a result of abnormal and unforeseeable circumstances beyond Our control which would have been unavoidable despite all Our efforts to the contrary, including but not limited to, a fault in or failure of data processing systems;
      2. the goods or services that a Cardholder purchases with Your Card;
      3. any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
      4. a merchant refusing to honour a transaction or refusing a payment; or
      5. any acts or omissions that are a consequence of Our compliance with any national or European Union law.
        In any event the liability of the organisations described in clauses 1.2 and 1.3 will be limited to the balance of the Master Wallet at the time that the event occurs.
    2. In addition to the limitations set out in clause 16.1, Our liability shall be limited as follows:
      1.  where Your Card is faulty due to Our fault, Our liability shall be limited to the replacement of the Card or repayment to You of the Available Funds on Your Master Wallet; or
      2. where sums are incorrectly deducted from Your Card due to Our fault, Our liability shall be limited to payment to You of an equivalent amount.
    3. In all other circumstances of Our default, Our liability will be limited to repayment of the amount of any Available Funds on the Master Wallet.
    4. Nothing in this Agreement shall exclude or limit any regulatory responsibilities We have which We are not permitted to exclude or limit, or Our liability for death or personal injury.
      If You or a Cardholder have used Your Card or allowed Your Card to be used fraudulently, in a manner that does not comply with this Agreement, for illegal purposes, or if You or a Cardholder have allowed Your Card or details to be compromised due to Your or a Cardholder’s gross negligence, You will be held responsible for the use and misuse of the Card. We will take all reasonable and necessary steps to recover any loss from You, and there shall be no maximum limit to Your liability except where relevant laws or regulations impose such a limit. This means You should take care of Your Card and details and act responsibly, or You will be held liable.
    5. The Gibraltar Deposit Guarantee Scheme does not apply to Your Card or Master Wallet. This means that in the unlikely event that IDT Financial Services Limited became insolvent, Your Card may become unusable and any funds associated with Your Card may be lost. By using
      Your Card and by entering into this Agreement You are indicating that You understand and accept these risks.
    6. As a responsible e-money issuer We take the security of Your money very seriously. Your funds are held in a secure client account, specifically for the purpose of redeeming transactions made via Your Card. In the unlikely event of any insolvency, funds that have reached Our account will be protected against claims by creditors. We will be happy to talk through any questions or concerns You might have. Please contact MAES’s Customer Services team for further information.
  17. YOUR PERSONAL INFORMATION

    1. We collect certain information about You and the Cardholders in order to operate the Card programme. XXImo and IDT Financial Services Limited are data controllers of Your personal data, and will manage and protect Your personal data in accordance with the applicable Belgium and Gibraltar data protection laws.
    2. We may transfer Your personal data outside the EEA to Our commercial partners where necessary to provide Our services to You, such as customer service, account administration, financial reconciliation, or where the transfer is necessary as a result of Your request, such as the processing of any international transaction. When We transfer personal data outside the EEA, We will take steps to ensure that Your personal data is afforded substantially similar protection as personal data processed within the EEA. Please be aware that not all countries have laws to protect personal data in a manner equivalent to that of the EEA. Your use of Our products and services will indicate to Us that You agree to the transfer of Your personal data outside the EEA. If You withdraw Your consent to the processing of Your personal data or its transfer outside the EEA, which You can do by using the contact details in clause 15.1, We will not be able to provide Our services to You. Therefore, such withdrawal of consent will be deemed to be a termination of the Agreement.
    3. Unless You have provided Your explicit permission, Your personal data will not be used for marketing purposes by Us or Our commercial partners (unless You have independently provided Your consent to them directly), nor will it be shared with third parties unconnected with the Card scheme.
    4. You have the right to request details of the personal information that is held about You, and You may receive this by writing to Us. Where legally permitted, We may charge for this service.
    5. Please refer to the Privacy Policy of IDT Financial Services Limited https://idtfinance.com/privacy-policy/, and XXImo’s Privacy Policy at https://www.xximo.be/wp-content/uploads/2018/06/XXImo-BVBA-Privacy-statement.pdf for full details, both of which You accept by accepting the Agreement.
  18. CHANGES TO THE AGREEMENT

    1. Subject to the rest of this clause 18 this Agreement may be changed or amended by Us at any time for legal, regulatory, commercial or security reasons, or to enable the proper delivery of or to improve the delivery of the Card scheme, or for any other reasons.
    2. If any changes are made, they will be publicised on the Website 2 months before the changes take effect (unless the law requires or permits Us to make a more immediate change or in the event of a change to the exchange rate). Copies of the most up-to-date version of the Agreement will be made available on the Website at all times.
    3. You will be deemed to have accepted the change if You do not notify Us otherwise prior to the date the change takes effect and continue to use the Card. If You do not accept the change, You may end this Agreement by giving Us one month’s notice.
  19. LAW AND COURTS

    1. The Agreement, and Your relationship with Us arising out of or relating to the Agreement, will be governed by the law of England and Wales. All disputes arising out of or relating to the Agreement shall be subject to the exclusive jurisdiction of the Gibraltar courts.
  20.  ASSIGNMENT

    1. We may assign the benefit and burden of this Agreement to another company at any time by giving You 1 month’s notice of this. If We do this, Your rights will not be affected. You will indicate agreement to the assignment by the continued use of the Card following the notice period. If You do not agree to the assignment, You may cancel the Agreement and request a return of the Available Funds.
  21. SEVERANCE

    1.  If any term or provision in the Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of the Agreement but the validity and enforceability of the remainder of the Agreement shall not be affected.