| 1. DEFINITION
1.1 "Card" means Etoile Card issued by Algorithmix Co Ltd under the terms and conditions of the present agreement.
1.2 "Cardholder" means each of the persons to whom a card is issued following a successful application.
1.3 "Card transactions" means the value of all purchases of goods or services through the use of the card.
1.4 "POS" means the point of sale of any authorised merchant or establishment displaying the Etoile logo, same being a terminal which accepts card transactions.
1.5 "Agreement" means the Terms and Conditions contained herein and which have been agreed to by the Cardholder.
2. YOUR ACCEPTANCE
This Agreement governs the terms and conditions for the use of the Etoile card issued by Algorithmix Co Ltd. It is imperative that before you sign and agree to this Agreement, you need to read and understand all the terms and conditions herein contained. Use of the card will irrevocably be construed as deemed submission to all the terms and conditions of this Agreement.
3. FEATURES OF THE CARD
Etoile Card enables the Cardholder to:
i. Utilise same as a cashless travel card.
ii. Pay for goods and services supplied by merchants where the Etoile logo is displayed.
iii. Use as a loyalty program.
iv. Any other functionality that the card may accommodate.
Algorithmix Co Ltd reserves the right to amend, delete and add to the above-mentioned features.
Such changes will be published on the Etoile website: www.etoile.mu.
4. PAYMENT FOR GOODS AND SERVICES
4.1 Etoile Card uses contactless technology which does not require either a PIN or a Signature. However, at the merchant's discretion, you may be asked for a proof of identity.
4.2 Payments will be evidenced by a sales voucher issued by the merchant. Cardholder needs to ensure the receipt of a sales voucher for any transaction effected from the merchant.
4.3 Top-ups will be evidenced by a voucher issued by the Customer Service Agent at the outlet.
4.4 Algorithmix Co Ltd will not accept any responsibility nor shall it provide any warranties, whether expressed or implied, for the quality of goods and services provided by the merchant.
5. LOSS OR THEFT OF THE CARD
5.1 The Cardholder undertakes to exercise utmost care to prevent the Card from being lost, stolen or misappropriated in whatsoever manner. However, in case of the card being lost or stolen, the Cardholder should immediately inform Algorithmix Co Ltd by calling on the Hotline number: +230 464 46 46.
5.2 If your Etoile Card is used by a third party without your knowledge you will be responsible for any purchases effected with the card.
6. WAIVING YOUR RIGHT TO USE THE CARD
If we have a good and sufficient reason and acting in good faith, we may:
(i) Cancel or suspend your right to use the Card for any and all purposes; or,
(ii) Refuse to replace any lost or stolen card thereof.
7. SECURITY
You must:
7.1 Do all that you reasonably can, to keep the Card safe;
7.2 Never allow anyone else to use your card;
7.3 Follow instructions given to you, which Algorithmix Co Ltd reasonably considers as necessary to protect you from unauthorized use of your Card;
7.4 Only use the Card during its validity period.
8. WHAT YOU MUST TELL US
8.1 If someone uses your card without your permission you will be liable for all the transactions made on that Card until the time you inform Algorithmix Co Ltd about the misuse.
8.2 You must report the following as soon as possible if:
A The Card is being misused.
B Your statement includes an item which you think is wrong; or,
C You change your contact details.
You can contact us at the following address: 8th Floor Mindspace, Bhumi Park, 45 Cyber City, Ebène.
Tel: +230 464 4646. Fax: +230 454 7767. E-mail:
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9. LIMITATION OF LIABILITY
Algorithmix Co Ltd will not be liable for transactions being declined for reasons beyond Algorithmix Co Ltd's control. Such reasons shall inter alia include insufficient funds, unavailability of network, etc. Moreover, it is hereby agreed that Algorithmix Co Ltd shall not be liable at any time for any liability howsoever arising, except for those claims arising as a reason of willful negligence or gross misconduct or those liabilities that cannot be excluded under law.
10. DELIVERY, REFUND, RETURN AND CANCELLATION POLICY
10.1 Service Delivery
10.1.1 Shipping Options
Shipping options is NOT applicable
10.1.2 Delivery Timescale
Service is expected to be delivered within two working days from approval of Bank card transaction.
10.1.3 Shipping Fees
No fees are applied by Etoile. Bank card transaction however can be subject to fees from bank.
10.2. Return Refund and Cancellation policy
10.2.1 Upon verification, we will credit your account with a refund for a transaction if the merchant requests us to do so or if you tell us that a transaction with a merchant has been incorrectly debited to your account, provided the merchant is agreeable to same. You cannot, at anytime and under any circumstance use a claim you may have against a third party to make a claim against us, or refuse to pay us, unless you have a legitimate legal right to do so. The rights and obligations arising under this Card are non-transferable. All claims submitted after one month from transaction date, will not be entertained.
10.2.3 Algorithmix Co Ltd undertakes to provide all information that it reasonably considered as being necessary and which relates to the use of the Card by the Cardholder and the merchant.
10.3 Complaints against the merchant arising from the Cardholder should be resolved by the Cardholder(s) or such person as aforesaid with the merchant's himself and any claim against the merchant will not relieve the Cardholder from any obligation, if any, to Algorithmix Co Ltd. Algorithmix Co Ltd will not entertain any dispute with the merchants.
11. DURATION AND VALIDITY OF CARD
11.1 The Card will be valid for a period of 2 years upon the date of issuance of the Card.
11.2 The Cardholder will be liable to such legal action as Algorithmix Co Ltd deems fit in case continued use of the Card is made even after a written notice to promptly discontinue use of the Card has been made.
11.3 This Agreement may be terminated by either party within 20 days of the other party receiving a written notice. In case the Cardholder wishes to terminate this Agreement, he/she must stop making any transactions and should return the Card with the termination notice. The Agreement shall only be terminated upon the receipt by merchant and Algorithmix Co Ltd of all repayments owed to the said-parties.
12. COMMUNICATION OF INFORMATION TO THIRD PARTY
Algorithmix Co Ltd will be entitled, should it deem it necessary, to pass on to any third-party any information relative to the Cardholder transaction in case of improper or fraudulent use of the Card by him/her and to collaborate with any agency thereof.
13. FEES AND CHARGES
Details of all applicable fees and charges shall be published on the website www.etoile.mu. There will be a one-off fee applicable for the first time use of the Card and the one-off fee shall not be refundable. In case of any Card being replaced, Algorithmix Co Ltd will charge a Card replacement fee.
14. SANCTIONS
Any improper or fraudulent use of the card will render the Cardholder liable to prosecution.
15. UNLAWFUL PURPOSE
Card must NOT be used for any unlawful purposes including the purchase of goods and services prohibited by the local law of the country.
16. AGREEMENT
Algorithmix Co Ltd may at any time amend the conditions hereof and such amendments shall be notified to the Cardholder as soon as reasonably possible.
17. EFFECT OF THIS AGREEMENT
17.1 Notwithstanding the termination of this Agreement, all provisions contained herein shall continue to have full force and effect with respect to any Card transactions entered into and liabilities of the Cardholder incurred hereunder.
17.2 Each of these terms and conditions shall be severable and distinct from one another and if at any time any one or more of such terms and conditions is or become invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected thereby.
17.3 A person who is not party to this Agreement shall not have any rights under this Agreement.
17.4 Unless this Agreement cannot be changed or excluded, and subject to the application of the law, this Agreement shall apply in case of any difference between it and the general law.
18. LAW AND JURISDICTION
This agreement will be governed by and construed in accordance with the laws of Mauritius., |
