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Use of MMC cardholders

The undersigned:

1. [Company], a [legal form] incorporated under [country] law, having its registered office at [place] and hereby validly represented by [na(a)m(s)] in [his/her/their] capacity of [capacity], hereinafter referred to as: the “Employer”

and

2. [Mr/Mrs] [given names in full] [surname], residing at [address], hereinafter referred to as: the “Employee”;

Article 1. Definitions

Capitalized words used in these Terms of Use shall (regardless of singular or plural) have the following meanings.

Service: The service provided by MAES regarding the management and financing of mobility services, as described on the MAES website (www.maesmobility.be);

User Arrangement: The present Arrangement;

Card: A payment card issued by or at the request of MAES;

Cardholder: The employee or employee of the Customer;

Card Company: The issuer of Payment Cards;

Customer: The Employer or the party with whom MAES has entered into a customer agreement to purchase the Service;

Customer Administrator: The natural person employed by the Customer who is responsible for managing / who determines which mobility services the cardholder can call upon;

Customer Agreement: The Agreement between the Customer and MAES under which MAES provides the Service to the Customer and the Customer, in turn, offers the service of MAES to its employee(s);

Mobility Service: The service offered by the Partners;

Partner: A partner with whom MAES has entered into an agreement to purchase Mobility Services for the Customer. These are normally those parties where the Cardholder can pay, book or otherwise use the Card;

PIN: The four-digit combination chosen by the Cardholder with which the Card is secured when using the Card;

Management Platform: The private area on the Website to which the Cardholder has access by using the Platform Access Code and the Platform Password and on which the Cardholder can view his use and the possibilities of use of the Mobility Services;

Access Code Platform: The code provided by MAES to the Cardholder, which is required by the Cardholder in combination with the Password Platform to gain access to the Management Platform;

Website: www.maes-oil.be and www.maesmobility.be and any other site that links to any of the websites used by MAES for the purposes of its services;

Platform Password: the password chosen by the Cardholder, necessary for obtaining access to the Management Platform (in combination with the Platform Access Code);

MAES: The private limited liability company MAES NV with registered office at Reedonk 12, 2880 Bornem, registered with the Crossroads Bank for Enterprises under number 0429.995.654 (RPR Mechelen).

Article 2. Services, Application of the User Scheme

2.1 MAES provides mobility services to its business customers or their employees (if any) by, among other things, providing a Card for the use of various mobility services.

2.2 This User Scheme is applicable to each Cardholder from the moment the Cardholder is given access to the Management Platform or (if earlier) from the moment the Cardholder has a Card.

Article 3. General Provisions

3.1 The Cardholder should obtain and use the Card, the PIN, the Platform Access Code and the Platform Password, in addition to the provisions set out in these Terms of Use, with due diligence and at least in accordance with the provisions set out on the MAES website (www.maesmobility.be).

3.2 The Card is in the name of the Cardholder. MAES shall determine how the Cardholder’s name is placed on the Card.

3.3 The Card, PIN, Access Code Platform and Password Platform are strictly personal. This means that only the Cardholder is entitled and authorized to use the Card, Pin Code, Access Code Platform and Password Platform for the benefit of himself in the capacity of Employee employed by the Employer. The Employee is expressly prohibited from making the Card, Pin Code, Access Code Platform and Password Platform available in any way whatsoever (whether actively or passively) to third parties.

3.4 The Card shall always remain the property of the Card Company. Neither the Client nor the Cardholder may change anything on the Card or copy it.

3.5 The Card, PIN, Platform Access Code and Platform Password provided by or on behalf of MAES may only be used for the purposes for which they are provided and for the Mobility Services to which the Cardholder is authorized.

3.6 If according to these Terms of Use MAES is required to perform actions or make communications to the Cardholder, the Cardholder shall accept them as received as soon as MAES has made the action or communication to the Customer Administrator or the Customer.

Article 4. Use of Card

4.1 The Cardholder should handle the Card, the PIN, the Platform Access Code and the Platform Password with care. The Cardholder is to take all measures to ensure the security of the Card and to prevent its unauthorized use.

4.2 The Cardholder should have the Card blocked immediately if there is reason to do so. In this context, the Cardholder should at all times keep abreast of the regulations issued by MAES, for example to prevent fraud with the Card and PIN.

4.3 The Cardholder is obliged to keep the Card safe and carefully at all times. In this respect, the Cardholder shall ensure that:

  1. other persons cannot see the Card in the storage area in which the Card is stored when the Cardholder is not using the Card;
  2. other persons cannot see where the Cardholder stores the Card;
  3. the Cardholder stores the Card in such a way that other persons cannot remove the Card unnoticed;
  4. the Cardholder ensures that he/she does not lose the Card.
    By “other persons” sub a to c is also meant family members, friends,
    household members, colleagues, employees of Partners and visitors of the Cardholder.

4.4 The Cardholder is obliged to use the Card with care at all times. To this end, at least the following rules apply:

  1. the Cardholder never hands over the Card, even if another person wants to help him;
  2. the Cardholder never lets the Card out of his sight until the Card has been safely stored away again;
  3. the Cardholder always checks that he gets 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 cash or POS terminal relating to the security of that terminal;
  5. the Cardholder immediately contacts MAES through the hotline designated by MAES to have the Card blocked if it has not been recovered after a transaction;
  6. the Cardholder does not use the Card if he knows or suspects that its use is or may be unsafe in certain situations.
  7. the Cardholder does not allow himself to be distracted when using the Card.

Article 5. Use of the PIN

5.1 The Cardholder is obliged to ensure that the PIN is kept secret at all times. The Cardholder declares that he:

  1. chooses a PIN that is not too easy to guess when he changes or chooses the PIN;
  2. learns the Pin Code by heart and does not write it down anywhere;
  3. immediately destroys documents in which the Pin Code is mentioned;
  4. does not show or disclose the Pin Code to other persons;
  5.  if a record of the Pin Code is made, this is done in such a way that the Pin Code cannot be recognized or traced by other persons or otherwise deciphered.

By “other persons” sub d and e. is also meant partner, family members, friends,
housemates, colleagues, employees of Partners and visitors of the Cardholder.

5.2 The Cardholder may not make a note of the PIN on the Card or keep it with the Card.

5.3 The Cardholder is obliged to always use the PIN with care. The Cardholder does so if he:

  1. ensures that other persons cannot see the PIN when the Cardholder enters it, for example at a POS terminal;
  2. uses the other hand and body to shield the keyboard as much as possible when entering the PIN;
  3. does not allow himself to be assisted by another person when entering the PIN.

5.4 To the extent possible, all obligations of the Cardholder and the regulations given herein also apply to the storage and use of the Platform Access Code and Platform Password.

Article 6. Measures in the event of abuse, theft or loss

6.1 In order to avoid unauthorized use of the Card, the Cardholder should immediately have the Card blocked via the reporting point indicated on the MAES website if:

  1. the Card has been stolen or the Cardholder suspects that it has been stolen;
  2. the Cardholder has lost the Card or no longer knows where he has left the Card;
  3. the Cardholder does not recover it after use, e.g. because it has been swallowed by a POS terminal;
  4. the Cardholder discovers that one or more transactions have been made with the Card that were not made by him, for example after checking through the Management Platform;
  5. the Cardholder knows or suspects that someone else knows or has seen the PIN;
  6. the Cardholder doubts the security of the Card or the PIN for any other reason.

6.2 If the Cardholder recovers or retrieves the Card after the notification, the Cardholder may no longer use it. The old Card must be returned to MAES or destroyed, at the discretion of MAES, after which the Cardholder will receive another Card and, if necessary, another PIN.

6.3 In the event of damage due to misuse of the Card, the Cardholder must immediately report it to the police. If requested by MAES or the Employer, the Cardholder and/or Customer must be able to provide a copy of the police report.

6.4 The Cardholder should note that Partners of MAES may have the use of a specific Card blocked if there is (suspected) abuse, a technical defect or when it is necessary for the security, protection and/or proper functioning of the Mobility Service concerned.

Article 7. Personal data

The Cardholder declares to have taken note of the privacy statement sent by MAES.

Article 8. Intellectual property rights

8.1 The intellectual property rights on all Services and accessories are owned by MAES or by 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.

8.2 The Cardholder declares not to infringe in any way, or assist in infringing in an active or passive way, the intellectual property rights referred to under 8.1. Infringement’ includes adapting, modifying, circumventing, obstructing or attempting to obstruct the operation or making available the intellectual property rights referred to under 8.1.

the software of the Services, the application(s) made available, the security measures of the chip and/or the Management Platform, for the purpose of unauthorized use of the Card.

Article 9. Liability

9.1 The Cardholder is prohibited from damaging, altering or otherwise using the Card or having it damaged, altered or used in any way other than for the use for which the Cardholder is authorised.

9.2 The Cardholder is – to the extent possible within the statutory limits – fully liable for all loss or damage, of whatever nature, arising from the use and/or misuse of the Card, PIN, Password Platform and PIN Platform towards MAES/the Employer/the Client/third parties. Damages include all direct and indirect damages, such as consequential damages or trading losses, subject to liability for direct damages caused by an attributable failure in the performance of the Customer Agreement by MAES.

9.3 The Card provided by MAES may not be imitated, altered and/or copied in any way. The Cardholder shall indemnify MAES, the Employer, the Client and/or third parties in respect of any damage caused by copying, alteration and/or copying of the Card by the Cardholder or as a result of conduct attributable to the Cardholder.

9.4 The Cardholder is not entitled to any damages or other compensation in connection with the inability to use the Card issued by MAES, regardless of whether the cause of this inability to use is due to damage to this Card, the temporary inoperability of the electronic payment system, the refusal of a local Partner (of e.g. fuels) to supply or provide products and/or services or otherwise.

Article 10. Termination of use

10.1 The Cardholder must immediately cease use of the Card, the PIN, the Platform Access Code and the Platform Password at such time as the employment contract under which the Card may be used ends or at such time as the Cardholder’s employment contract stipulates that the Card or lease car may no longer be used or the Cardholder is no longer entitled to a mobility budget.

10.2 Platform and the Password Platform if the Employer so indicates due to the termination of the agreement between MAES and the Customer The Cardholder shall immediately discontinue the use of a Mobility Service if the Employer, MAES and/or the Customer so indicate. For the Cardholder, the termination of a Mobility Service or during the provision of a Mobility Service shall never give rise to a direct claim (for compensation or resupply) against the Partner providing the Mobility Service in question (no longer).

10.3 Any continued use after a moment of cessation described in this Article shall be qualified as misuse, for which misuse and the resulting damage for the Employer and any other party (e.g. MAES, Partners) the Cardholder is fully liable.

10.4 Upon termination of the authority or ability (e.g., due to a defect in the Card) to use the Card for Services, the Cardholder shall promptly return the Card to MAES.

Article 11. Third-party clause

The prohibitions and obligations imposed on the Employee in this Scheme are also stipulated
for the benefit of third parties, expressly including MAES, for whose benefit the Employer hereby enters into an irrevocable third-party clause vis-à-vis the Employee.

Article 12. Applicable law and jurisdiction

12.1 This arrangement is governed by Belgian law.

12.2 The use of the Card is also subject to all general terms and conditions of the Partners whose Mobility Services the Cardholder may use and of the Card Company. All general terms and conditions of these parties can be found on the MAES website.

12.3 The competent court of the District Court of the place of residence of the Cardholder is competent to take cognizance of a dispute related to or arising from this User Scheme.

Article 13. Final Determination

The Employer is authorised to unilaterally amend or revoke this User Arrangement if MAES requires it to do so or if this is necessary for any other reason.

Signed at [place] on [date],
Employer Employee
Name : Name:
Position : Position :