(These terms and conditions are subject to change from time to time and such change shall become effective and shall govern from the date of its notification to card member)
"Application" means the application for membership to XTRAPOWER EASY FUEL Program (which is a subset of the XTRAPOWER Fleet Card Program) in the prescribed format.
"Card" means a Smart Card (using chip based Smart Card technology) issued by Indian Oil Corporation Limited to a Card member for purchase of automotive fuels and lubricants at its designated Retail Outlets. The Card will have an e-purse in which electronic equivalent of the prepaid money will be loaded.
"Cardholder" means the person in authorized possession of the card issued to the card member. All persons presenting the card for the redemption of money loaded for purchase of automotive fuels and lubricants will be deemed to be cardholders.
"Card Member" means the person or organization, to whom the card is issued on application, whose name appears on the card and for the limited purpose of ascertainment, determination and enforcement of terms and conditions and liability hereunder, also includes all the Directors of the card member in case of a company, all the partners in case of a Partnership, the proprietor of the proprietorship and wherever the context so permits, their respective successors, assigns, legal heirs, representatives in interest, executors, and administrators.
"Charges" means all amounts due and payable by the card member as found herein and also includes the joining fee, annual fee, replacement card fee and any other fees as may be prescribed from time to time.
"Designated Retail Outlet" means retail outlets of Indian Oil Corporation Limited that dispense automotive fuels and lubricants, where the facility of acceptance of Easy Fuel card will be provided.
"IOCL" means Indian Oil Corporation Limited or its successors, assigns, and its representatives in interest.
"Indian Oil Corporation Limited Logo" means the logos and emblem of Indian Oil Corporation Limited whether registered or not and includes the recognized business logos, trademarks, trade names, and emblem of Indian Oil Corporation Limited.
i. "Card Limit" means the maximum value in Rupees, which a card can hold at any point of time.
ii. "Daily Limit" means the maximum value or products in rupees, which can be purchased in a calendar day by using the card.
iii. "Transaction Limit" means the maximum value of products in rupees, which can be purchased on a single transaction by using the card.
"PIN" i.e. Personal Identification Number is an electronic signature that is used to authenticate any transaction on the card.
"Products" means automotive fuels and lubricants dispensed at designated retail outlets of Indian Oil Corporation Limited.
"Replacement Card" means the card issued in substitution of the original card, which is reported to have been lost, stolen, mutilated, dysfunctional or is not received by the card member after its issuance by Indian Oil Corporation Limited.
"Transaction" means the redemption of amount for purchase of automotive fuels/lubricants made by the cardholder at the designated retail outlets or any other transaction undertaken on the card as permitted under the program.
"XTRAPOWER" means the fleet card program, developed and implemented by Indian Oil Corporation Limited, under which fleet owners/operators/corporate can purchase automotive fuels and lubricants thru' Smart cards from its designated retail outlets.
"EASY FUEL" is a subset of the Xtrapower fleet card program, which is issued to corporate for fuel gifting purpose or for fuel reimbursement for their employees.
2. In these terms and conditions unless the context otherwise requires:
References to the plural number include references to the singular number and vice versa;
References to any gender include references to all genders;
References to any clause, section or schedule shall mean a reference to the clause, section or schedule of these terms and conditions;
Reference to a "person" includes references to an individual, firm, company and body of persons, whether incorporated or not;
Headings used herein are used for the sake of convenience only and shall not affect the construction or interpretation of the provisions herein; and
The schedules, annexure, and attachments to these terms and conditions will form integral parts hereof.
3. Card Membership
ELIGIBILITY - The applicant may be any company or any business entity with a set of employees and or channel partners, customers etc. to whom the entity wishes to use fuel as a gifting option or wants to reimburse fuel expenses of its employees thru' our smart card program.
The application should be on the prescribed format, complete in all respects, executed appropriately, enclosing all documents called for.
The applicants must specify automotive fuel/lubes to be purchased for each vehicle in the application form.
The applicable fees should be paid to the designated bank account no. issued by Indian Oil Corporation Limited.
It is the absolute and sole discretion of Indian Oil Corporation Limited to accept or reject the application.
ENROLMENT - On approval, cards will be issued by Indian Oil Corporation Limited to the applicant and will be delivered to the applicant at the address furnished by him in the application form within 21 days.
FEE STRUCTURE - The following fee structure is applicable to the card.
i. Enrolment Fee per card - Rs.100/-
ii. Renewal Fee per card - Rs.100/-
iii. Replacement Card fee per card - Rs.100/-
The following additional charges will be applicable over and above that mentioned above.
1. Service Tax @ 10%
2. Education Cess @ 3% on Service Tax
3. Courier Charges @ 29/- per packet
The fee can be paid by way of cheque or by demand draft or pay order or banker's cheque favoring Indian Oil Corporation Limited (MD) or by account transfer to Indian Oil's designated account.
The above fees are non-refundable. Indian Oil Corporation Limited reserves its rights to add, alter, amend, vary or modify the above fee structure from time to time and the card member shall be liable to pay such fee for the period card is operational. Changes in the fee structure will be notified to the card member.
VALIDITY - The card will be valid for a period of 3 years from the date of issue in case of multiple recharges like for eg. use for employee reimbursement. In case of cards being used for single recharge like for eg. gifting purpose the validity will be 6 months from the date of issue or exhausting of the amount allocated for such cards whichever is earlier.
4. Custody & Use
The card is the absolute property of Indian Oil Corporation Limited and the same is given to the card member for safe custody and the limited purpose of purchase of automotive fuels and lubricants at the designated retail outlets in India.
Use of the card constitutes acceptance of the terms and conditions herein. It is not transferable, assignable, or heritable in any manner and is to be returned to Indian Oil Corporation Limited as provided herein.
It will be the responsibility of the customer to ensure that the cards once purchased from Indian Oil Corporation Limited is utilized for genuine purchase of fuel and/or lubricants. Necessary records of such person's to whom these cards are issued shall also be maintained by the purchaser.
The card member should take adequate and necessary precautions to protect his cards and prevent misuse, damages and theft. It is the responsibility of the card member to use the card only for the purposes, for which the same has been issued.
In case of use of these cards for gifting purpose the cards after use should be returned to our retail outlet.
5. The Card Program
Activation - The new card issued to a card member should be presented at any of the designated retail outlets of Indian Oil Corporation Limited for activating the card, only after which the card could be used for purchasing products from the designated retail outlets.
Each card will be issued with a default PIN. The card member is required to change the default PIN to a PIN of his choice on/before carrying out the first transaction on his card.
The card member/cardholder (s) holding the custody of the card are obliged to keep the PIN secret and confidential, not to record the PIN in any form that would be intelligible or otherwise accessible to any third party. If access is gained by a 3rd party to such a record, either honestly or dishonestly, the card member is advised to change the PIN. Indian Oil will not be responsible for any misuse of card.
The cardholder can change the PIN at any time at any of the designated retail outlets by punching in the existing PIN followed by the new PIN in the card reader terminal.
During any transaction, if the cardholder keys in a wrong PIN 3 times, the card would be blocked. The cardholder can get the card unblocked by informing the Customer Helpline number (Toll Free - 18004255599) or by forwarding a request in writing to Indian Oil Corporation Limited through the card member.
The card member will be solely responsible for the inconvenience or inability to use the card due to blockage of PIN or PIN being forgotten by the cardholder.
The card member can recharge his account by paying a lump sum amount. This transfer of payment can be made via fund transfer to a specified bank account. In case of cheque payment the same needs to be made at specified CMS branches of HDFC Bank and this amount will be made available for reloading within three working days after the day of deposit, subject to realization of cheque and after deducting clearing charges, if any.
In the event of cheque being dishonored, then the card member is liable to pay applicable charges for such return/dishonored of the cheque.
The list of HDFC Bank branches, where such cheques can be deposited may be altered or modified by Indian Oil Corporation Limited from time to time.
No interest shall be payable to the card member on the balance available in the card/card member account.
The card member can allocate the amount to be allotted to each of the cards through the login id and password given. The card value so allocated on a card shall be treated as payment in advance for future purchases of products at designated retail outlets.
The card member shall ensure that the amount tendered into the account has been correctly loaded on to the cards(s).
Minimum allocation would be Rs.500/- and in multiples of Rs.100/- thereafter.
The card can be used to purchase products from the designated retail outlets of Indian Oil Corporation Limited. The list of such retail outlets is subject to change from time to time.
The card member or the cardholder shall extend all cooperation to the forecourt personnel at the retail outlets to complete the transaction on the card.
For safety/security reasons, Indian Oil Corporation Limited, at its discretion, may stipulate the minimum and maximum value, up to which automotive fuels and lubricants may be purchased in any transaction and further stipulate minimum and maximum value of such transactions in a given calendar day and the same shall be binding on the card member.
A transaction slip would be generated at the time of transaction at any of the designated retail outlets, which should be checked for accuracy of details. Any dispute on debits to the card can be verified and corrective action taken only if the transaction slip is provided to Indian Oil Corporation Limited.
The payment of renewal fees should be made by way of cheque or demand draft or pay order or banker's cheque favoring Indian Oil Corporation Limited (MD).
If the card is lost or stolen or robbed or misplaced the card member should immediately inform the customer help line number. Within 48 hours of receipt of such information, the card will be hotlisted. All purchases made on the card till the time of report shall be to the account of the card member.
If the lost hotlisted card is subsequently found, the same can be reactivated by Indian Oil Corporation Limited if requested in writing by the card member subject to the card not having been permanently hotlisted.
The card shall be valid for a period of 3 years from the date of issuance in case of issue to employees. In case of cards being used for gifting purpose the validity will be 6 months or exhausting of amount allocated. This is subject to the card program remaining in force. Indian Oil Corporation Limited shall be at liberty to modify, change or discontinue the card program.
If the card is not used for 90 days continuously, the card will be deactivated for security reasons. In such instances, the card needs to be reactivated by submitting a request in writing to Xtrapower Customer Service Centre.
The card program shall be applicable only in India.
The card shall be the absolute property of Indian Oil Corporation Limited and the card member shall not have any claim on it.
The card program is for facilitating cashless purchase of products from designated retail outlets for vehicles. Card member/holder should ascertain and satisfy himself about the products and amount charged to the card at the designated retail outlet.
Indian Oil Corporation Limited shall endeavor to make available the products at the designated retail outlets during their normal working hours barring any situation/circumstances beyond the control of Indian Oil Corporation Limited. Indian Oil Corporation Limited shall however be not responsible or liable for non-delivery, inability or refusal to deliver products by any of the designated retail outlets during the normal business hours. However, such incidents may be reported to our registered office.
Indian Oil Corporation Limited assures the card member of the delivery of products of correct specification and quantity. Indian Oil Corporation Limited shall not be responsible or liable for any defect or deficiency in respect of goods and services charged to the cad. Any dispute should be settled directly by the card member with the concerned retail outlet dealer.
The relationship between Indian Oil Corporation Limited and the card member fiduciary and governed by the terms and conditions herein. Indian Oil Corporation Limited does not assume any responsibility for any act of commission or omission by/at the designated retail outlets, including but not limited to any fault, error or discrepancy that may occur in the card reader terminals and network, failure, refusal, negligence, on the part of the designated retail outlet to dispense the products.
The card member/holder undertakes that he will not dispute the correctness of the transaction slip generated by the card reader terminals once the transaction has been duly authenticated by the cardholder by way of using his PIN.
All telephonic instructions received by customer helpline shall be verified on by two unique identifiers and shall be deemed to be proper and Indian Oil Corporation Limited shall not be liable for executing them in good faith. All such telephonic instructions will be treated as having been written and signed.
The card member agrees to provide all relevant information and documents required by Indian Oil Corporation Limited and to furnish Indian Oil Corporation Limited with any documents from time to time. The card member also agrees to cooperate with Indian Oil Corporation Limited in any investigation, litigation, or prosecution arising out of and in connection with the use of the card.
The rights and liabilities contemplated herein begin on issuance of the card against payment of fee by the card member.
The card member agrees that he shall be bound by all such other terms and conditions as may be further specified by Indian Oil Corporation Limited from time to time.
These terms and conditions shall be governed by and construed in accordance with the laws of Republic of India and Courts in the city of Mumbai alone shall have jurisdiction to entertain any dispute or other proceedings arising out of these terms and conditions.
All questions, disputes and differences arising under or in relation to this Agreement shall be referred to the sole arbitration of the Director (Marketing) of IOC. If Director (Marketing) of IOC is unable or unwilling to act as the sole arbitrator, the matter shall be referred to the sole arbitration of some other officer of IOC by such Director (Marketing) of IOC in his place, who is willing to act as such sole arbitrator. It is known to the parties herein that the Arbitrator appointed hereunder is an employee of IOC and may be Shareholder of IOC. The arbitrator to whom the matter is originally referred, whether the Director (Marketing) or officer, as the case may be, on his being transferred or vacating his office or being unable to act, for any reason, the Director (Marketing) of IOC shall designate any other person to act as arbitrator in accordance with the terms of the Agreement and such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is also the term of this Agreement that no person other than the Director (Marketing) of IOC or the person designated by the Director (Marketing) of IOC as aforesaid shall act as Arbitrator. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the Agreement and provisions of the Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the Rules made there under and for the time being in force shall apply to the arbitration proceedings under this clause. The venue of the arbitration shall be at Mumbai, India
The card program launched by Indian Oil Corporation Limited shall be continued at the sole discretion of Indian Oil Corporation Limited without any predetermined termination date. Indian Oil Corporation Limited reserves its right to make alterations, amendments, and modification to the card program and the terms and conditions herein contained or to discontinue and/or terminate the card program abruptly with or without any prior notice. In such event, the rights, liabilities, and obligations herein contained shall stand so altered, amended, modified or terminated. However, the card member shall remain liable for all due and charges incurred during the currency of the card program.
Indian Oil Corporation Limited reserves the right to close the program membership of any card member who appears to be using the program in a manner inconsistent with the terms and conditions or intent of the program or any portion of the program. Indian Oil Corporation Limited also reserves the right to close the membership of any card member who acts in a manner inconsistent with local or state laws, statutes or ordinances.
Indian Oil Corporation Limited may close the card account at its discretion, with or without cause/reasons and without any liability on its part. The card member will remain liable for all charges incurred and due on the card up to the date of closure even after the card account is closed, until such dues are settled by the card member. Similarly, the card member shall also remain liable for transactions undertaken on the card, if any, whether deliberately or otherwise and shall reimburse forthwith to Indian Oil Corporation Limited all such dues.
The card member can also close the card account with or without cause/reason and without any liability on the part of Indian Oil Corporation Limited of whatsoever nature, in which case, the card member will notify Indian Oil Corporation Limited of the closure. The card should not be used thereafter. The card member will however remain liable for all charges incurred and due on the card till the date of such closure/cancellation of card.
IOC's right to appoint agency: The card member recognizes that Indian Oil Corporation Limited has full powers and authority to appoint one or more third parties as their agents, partners, associates, executors, etc. with such powers to perform such acts, deeds and things as may be deemed by Indian Oil Corporation Limited
Set Off & Lien: Notwithstanding anything contained herein or in any law for the time being in force, Indian Oil Corporation Limited shall have a lien over all the assets of the card member in Indian Oil Corporation's control and a right to set off any money or value of benefits due to card member against any monies due to Indian Oil Corporation Limited by the card member and to combine all accounts of the cardholder for recovery of Indian Oil Corporation Limited dues.
Indemnity: The card member indemnifies and agrees to keep Indian Oil Corporation Limited indemnified and saved harmless from all costs, charges, claims, liabilities, expenses, demands, damages, loss and proceedings suffered and incurred by Indian Oil Corporation Limited on account of any act of commission or omission or default on the part of the card member/cardholder.
Partial Invalidity: If any provision of the terms and conditions becomes inapplicable or unenforceable for any reasons, the other terms and conditions shall be valid and enforceable.
Cumulative Rights: All remedies of Indian Oil Corporation Limited, whether provided herein or conferred under any law, custom, trade or usage are cumulative and may be enforced successively or concurrently. Any delay in exercising or omission to exercise any right, power or remedy accruing to Indian Oil Corporation Limited under the terms and conditions herein shall no impair any such right, power or remedy and shall not be construed to be waiver of breach or any acquiescence in any default.