Terms & Conditions

Effectivity as from October 3rd, 2018.

Terms And Conditions Of Use Of The Delta Card And Delta Sticker
Please read these Terms and Conditions carefully before using the Delta Card and Delta Sticker operated by Galana Energies Limited.
Your access to and use of the products and services offered, is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all Delta Cardholders and Delta Sticker Owners and others who access or use the products and services.
By accessing or using the products, you agree to be bound by these terms. if you disagree with any part of the terms then you may not access the products or services associated with the products

Definition of terms

Accounts and Application

1.“Account” means in relation to a Card , any account held by the Cardholder with the Company ,solely in the name of the Cardholder, designated by the Company at the request of the Cardholder to be the authorized account for effecting a transaction for the Card which include awarding of discount and awarding of loyalty points .In relation to the Sticker, any account held by Motor vehicle with the sticker, designated by the Company at the request of Motor Vehicle owner to be the authorized account for effecting a transaction for the Sticker which include awarding of discount and awarding of loyalty points;

2.“Application Form” means the Application Form for the card or sticker completed by a customer in respect to the establishment and operation of an Account;

Loyalty Card

3.“Business Days and Hours “ means any days and hours which the Company is open for business. The Company Business Days are from Monday to Friday and Business Hours are from 8.00 a.m. to 5.00 p.m;

4.“Card” means Delta Card issued by the Company at the request of and in the name of the Cardholder for use in connection with awarding of discount and awarding of loyalty points provided by the Company;

5.“Cardholder” means a person (being an individual or a body corporate) to whom a Card has been issued and whose name appears on it;

Classification

6.“Category” means different classification of Motor Vehicles in which the Company will use when awarding a discount or awarding loyalty points. There are four categories which are as follows: Public Service Vehicle, Consumer/Consumers, Personal/Private and Motor cycle/Tuk Tuk ;

7. “Company” means Galana Energies Limited;

8.“Customer” means subscriber to either the discount offer or the loyalty point offer.

9.“Dealer” means in relation to card or sticker, a person or company that sells or market the Company products at the service stations and they have authority from the Company to do such activities;

Security

10.“OTP” means One Time Password;

11.“PIN” means in relation to a Cardholder or Motor Vehicle sticker, the personal identification number required to gain to effect a Transaction;

12.“Station” means Delta Service Stations all around Kenya;

13.“Sticker” means Delta sticker which will be attached on the windscreen of the Motor Vehicle with unique QR code for each particular Motor Vehicle;

14.“Transaction” means any business effected by use of the Card or the Sticker in accordance with these Terms and Conditions.

Service Providers & Analytics

Changes To Privacy Policy

B.Issuance Of Card And Sticker

1.A Potential Customer must have VOLUNTARILY applied to be enrolled by a Station attendant/Customer attendant .A Customer may choose either the discount offer or loyalty points’ offer. In order to qualify for the products and services, a potential Customer must fill in an application form. The Applicant MUST produce the Original National Identity card(I.D)/Original Passport/Original Military Card or any other Original valid identification document when applying for card or sticker. The application form will require the following information to be provided by a customer:
1.1Full names of the applicant (as per the Identity card, Passport or any other valid identification document );
1.2 Registered Telephone Number of the applicant;
1.3 Active Email Address of the applicant;
1.4 Category in which the Motor Vehicle falls into.

2.Once the application process is completed, a Customer can opt to acquire the Card or the Sticker or can decide to get BOTH. First issuance of the card and sticker or both, will be free of charge but for subsequent replacement, a customer will incur charges. A customer can opt for discount offer on card and loyalty points’ offer on the sticker or vice versa but cannot have two offers on the same card or sticker and in case such a situation arises they should as soon inform the Company to correct the error;

3.The Sticker will be issued immediately after a customer has completed the application process. A customer will have to wait to be issued with the card. The Company will inform a customer through various communication channels when the card is ready for collection;

4.It is advised that a customer collect the card in person and produce the Original Identity Card or any other valid identification documents during the collection of the card. A customer can make prior arrangements with the Company for the card to be delivered either through postal services or courier services or any other mode of delivery, which can be discussed with the Company. In case a customer is unable to pick the card AND intends to send someone on their behalf, a customer MUST draft an authority letter giving authority for another person to pick the card. The person picking the card MUST come with a signed letter of authority from a customer, original I.D of a customer, original I.D of the person sent to collect the card.

C.Discount Offer
If a customer opts for the discount offer then the process of redeeming will be as follows:
1.A customer fuels at the any station and will pay the full amount of current fuel price. A customer will then receive a text/SMS which states follows: “Dear xxx, Thank you for fueling with Delta Service Station. You have been awarded a discount of KSH xxx. Your total discount to date is KSH xxx.”
2.In order for a customer to redeem the discount awarded, they will be required to buy fuel and can pay for the transaction using the discount amount earned. The discount awarded can be redeemed through the card or sticker. When redeeming using the card a customer MUST always produce the I.D or any other valid identification in order for the Attendant to proceed with the transaction;
3. When a customer is redeeming they will receive an OTP, which they produce to Customer Attendant to complete the transaction;
4. The discount awarded will not expire unless it either redeemed or the account is terminated or any other circumstances which may lead to termination of the account.

D. Loyalty Points Offer
1.If a customer opts for the loyalty points offer then the process of redeeming will be as follows:
2. Every time a customer fuels, they will receive an SMS/text which states as follows: “Dear xxx, You have been awarded xxx points. New points balance is xxx. Thank you for fueling with Delta Service Station.”
3.A point awarded will be equivalent to 1 Liter consumed. The Company reserves absolute discretion to determine the value of the point and can change or adjust occasionally;
4. When a customer achieves the minimum loyalty points, they can redeem the points in form of fuel, LPG, Lubricant, merchandised items .The Company reserves absolute discretion to determine the criteria for redeeming loyalty points and may change or adjust it occasionally;
5.After redeeming a customer will receive an SMS/text with an OTP with a pin to allow a customer Attendant to complete the transaction. The SMS /text will states as follows: “Dear xxx, you have redeemed xxx points at xxx Delta Station. New points balance is xxx. Thank you for fueling with Delta Service Station”
6.The loyalty points can be redeemed using the card or sticker or both. A Customer MUST produce an I.D or any other valid identification document when redeeming the points;
7. The loyalty points are non-transferable hence a customer cannot share points with another customer and any attempt to transfer will result in termination of a customer account or any other action the Company may consider appropriate;
8.The loyalty points expire after one (1) calendar year. The Company will adhere to inform a customer one (1) month prior to the expiration of the points.

E.Duties And Obligations Of A Customer
1.It is the obligation of a customer to keep the card or sticker safe. In case the card or sticker, is lost or destroyed or for any other reason becomes untraceable, they should contact as soon as possible the Company Customer care: ISDN: +254-20-4934000, MOBILE: +254-709 497000, EMAIL: info@galanaenergies.com;
2. For any other queries with regards to the Delta card or sticker, a customer should contact the Company during the company’s business hours and company business days. The Company will assign staff who will assist a customer with any problems/queries in relation to the Delta card or sticker;
3. It is the obligation of a customer to inform the Company when they change the Category of the Motor Vehicle so that the Company can keep up-to-date records of a customer. A customer is obligated to inform the Company on the change of an relevant information in relation to the card or sticker;
4. It is the obligation of a customer to keep all information, PIN and documents provided by the Company confidential. In the event of the PIN becoming known to someone else other than the Cardholder, that person shall be treated by the Company as an agent of the Cardholder and the Cardholder shall indemnify the Company against all losses or damage which may occur as a result of the PIN becoming known;
5. The Cardholder shall notify the Company immediately if the PIN is accidentally or otherwise disclosed or made available to a third party. If a customer is privy to Company’s confidential information and they happen to disclose Company’s information to a third party then the Company may take necessary action including legal action against a customer;
6. If a customer discloses the confidential information to a third party and the third party privy to the confidential information goes ahead to commit an offence whether of criminal or civil nature, the Company may hold the third party and Customer jointly liable for the commission of offence unless proved otherwise. The Company may institute legal proceeding against both parties. A customer and the third party involved will be personally liable and the Company will not be held liable for such acts;
7. It is the duty of a customer to use the card or sticker for the assigned purpose. If a Customer uses the card or sticker for any other purpose than the allocated purpose which may result in commission of an offence whether of civil or criminal nature then the Company should not be held liable for the acts of a customer.

F. Duties And Obligations Of The Company
1.The Company will have a duty to keep up-to-date records of the card and sticker accounts;
2.The Company will be responsible for the maintenance of the records of the card and sticker accounts;
3. The Company will have a duty to fix any errors including and not limited to; omission errors, accounting errors and other errors that may occur but a customer must inform the Company of any error so that the Company may take appropriate steps to rectify the same;
4.The Company will have a duty to inform a customer on the changes affecting their accounts.

G.Variation And Termination Of The Cardholder Or Sticker Owner Account
1.These Terms and Conditions may be amended, modified and/or replaced in whole or in part at any time by the Company in its sole and absolute discretion. The Company will give a 30 days’ notice to the Cardholder or Sticker Owner of any such amendments, modifications and/or replacements and;
2.Upon any such amendment, modification and/or replacement of these Terms and Conditions by the Company any subsequent use of the Card or Sticker shall be deemed to constitute acceptance of such amendments, modifications and/or replacements;
3.The Company may terminate the Cardholder or Sticker Owner account in the following circumstances:
3.1Failure to comply with these Terms and Conditions;
3.2The Cardholder or Sticker Owner voluntarily requests the Company to terminate their account;
3.3Commission of an offence whether of civil or criminal nature using the card or sticker;
3.4 Court Order of a court with competent jurisdiction;
3.5If the account remains inactive for an excessive long period;
3.6Death of the Cardholder or Sticker Owner;
3.7Change of any applicable law subject to which the Cardholder or Sticker Owner will be informed of pending closure of the account due to change of law;

H. Indemnity Of The Company
1.The Cardholder or Sticker Owner may indemnify the Company for any loss or damages hold it harmless against any loss, charge, damage, expense, fee or claim which the Company suffers or incurs or sustains thereby and the Cardholder absolves the Company from all liability for loss or damage which the Cardholder or Sticker Owner may sustain from the Company acting on a customer’s instructions or request or in accordance with terms and conditions;
2. The Company’s indemnity shall also cover the following:
2.1All demands, claims, actions, losses and damages of whatever nature may be brought against the Company or which it may suffer or incur arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond the Company’s control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any request received by the Company.
2.2 Any loss or damage that may arise from the Cardholder’s or Sticker Owner use, misuse abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software packages or programs.
2.3 Any authorized access to the Cardholder’s or Sticker Owner’s accounts or any breach of security or any destruction or theft of or damage to any of the Cardholder’s Sticker Owner’s account.
2.4 Any loss or damage occasioned by the failure by the Cardholder or Sticker Owner to adhere to any terms and conditions applicable to the products and services and/or by supplying of incorrect information or loss or damage occasioned by the failure. or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by the Company as a consequence of any breach by the Cardholder or Sticker Owner of the terms and conditions.

I. Exclusion Of Liability
The Company shall be under no liability whatsoever to the Cardholder or Sticker Owner in respect of any loss or damage arising directly or indirectly out of:
1.The refusal of any Dealer/person to honor or accept a Card or Sticker;
2. The breakdown of any Dealer equipment including but not limited to for example Customer Attendant smart phone being unable to process a transaction;
3.The giving of transaction Instruction by any person other than by a Cardholder or Stick Owner;
4. Handing over of the Card or Sticker to anybody other than the Company or its representatives;
5. The Company exercising its right to demand and procure the surrender of the Card prior to the expiry date appearing on its face;
6. The Company exercising it’s right to terminate any Card or Sticker Account.
7. If a Dealer or Company’s agents, representatives or staff commits any offence whether criminal or civil in nature in relation to the card or sticker, the Company’s agents and dealer are personally

J.General Terms And Conditions
A Card or Sticker remains the property of the Company and upon cancellation must be surrendered on demand to the Company.