In addition to the terms defined in the Caltex SUBSIDY CASHCARD Application overleaf, as used herein, the following terms shall have the following meanings:
"Authorised Retailers" means the Caltex petrol stations accepting the SUBSIDY CASHCARD for purchases of the Products, as Caltex may designate from time to time and “Authorised Retailer” means any of them. "Authorised Signatory" means the person who is authorised to complete and sign the SUBSIDY CASHCARD Application Form and the SUBSIDY CASHCARD for and on behalf of the Cardholder.
“Available Balance” means the credit subsidy balance from time to time remaining in respect of any SUBSIDY CASHCARD.
“Business Day” means any day (other than Saturday, Sunday or a public holiday) on which banks in Kuala Lumpur, Malaysia are open for business.
“Caltex” means Chevron Malaysia Limited (Company No. 992309-U), a company incorporated in the Bahama Islands with its registered office in Malaysia at Level 3, Tower & Annexe (Part), Menara Milenium, 8 Jalan Damanlela, Bukit Damansara, 50490 Kuala Lumpur and shall include its successor, being a company within the Caltex Group to whom the rights and obligations of Caltex may be assigned under these Terms and Conditions.
“Caltex Group” means Caltex, its holding companies, its holding companies’ subsidiaries and Affiliates. “Affiliate” means in respect of Caltex, any other entity directly or indirectly controlled by Chevron Global Energy Inc. and/or its immediate and ultimate holding company(ies). “Control”, with its correlative meanings, means either (i) the power to direct or cause the direction of the management and policies of another entity, whether directly or indirectly, and whether through the ownership of voting securities, by contract or otherwise, or (ii) the direct or indirect ownership of fifty percent (50%) or more of the voting stock, or limited liability company interest, general partnership interest or voting interest, in any other entity. “Entity” means any individual, corporation, partnership, joint venture, association, joint stock company, limited liability company, trust, estate, unincorporated organisation or government organisation (including a subdivision, agency or authority thereof), whether foreign or domestic. "Card Application Form" means the application form to be completed by the Cardholder for the application of the SUBSIDY CASHCARD.
"CARD Centre" means that division or section of Caltex set up to deal with all transactions and matters in relation to or arising from the use of the SUBSIDY CASHCARD.
"Cardholder" means the individual, business entity, partnership or sole proprietor to whom the SUBSIDY CASHCARD(s) is or are issued by Caltex under these Terms and Conditions and shall include (where applicable) its heirs, estate, legal and personal representatives and successors-in-title.
“Declined Transaction” has the meaning specified in Clause 3.6.
"Electronic Data Capture at Point-of-Sale" or “EDC POS” means any computerised electronic data capture terminal which is located at the Caltex petrol stations which facilitates the use of the SUBSIDY CASHCARD.
"Electronic Data Capture Transaction" or “EDCT” means any transaction that is processed through the EDC POS.
"Listed Vehicle" means a vehicle designated by the Cardholder on the Card Application Form or otherwise for the issuance of the SUBSIDY CASHCARD bearing the registration number and the make and model of the said vehicle which particulars appear in the Vehicle Data and includes all additional vehicles which the Cardholder may subsequently designate by forwarding to Caltex in writing the particulars thereof.
“Monthly Diesel Subsidy Quota” means the approved monthly quota for purchases of subsidised diesel as set out in the Subsidy Letter. For the avoidance of doubt, any unused portion of the Monthly Diesel Subsidy Quota shall be deemed to be cancelled as at midnight on the last day of each calendar month and shall not be brought forward to and/or utilised in the following calendar month.
"Notification of Loss" or "Notification" means the notice, whether verbally or in writing, given by the Cardholder to Caltex of the loss or theft of a SUBSIDY CASHCARD pursuant to Condition 7 herein provided.
“Personal Information” means any personal information that the Cardholder supplies or provides to Caltex for the purpose of applying for the SUBSIDY CASHCARD.
"Period of Loss" means the period between the date of any alleged loss or theft of the SUBSIDY CASHCARD and the date of Caltex's receipt of the Notification of Loss whether by itself pursuant to Condition 7 herein provided but in any event such period shall not extend beyond four (4) days prior to the date of Notification of Loss.
"Products" means diesel offered for sale by an Authorised Retailer for which the SUBSIDY CASHCARD may be used.
“Pump Price” means the amount calculated based on the volume of the Products purchased and the price posted at the pump for the Products.
"Purchase Limit" means the amount stipulated by the Cardholder as being the maximum amount of the Monthly Diesel Subsidy Quota allocated to the SUBSIDY CASHCARD issued for a Listed Vehicle and the aggregate Purchase Limit for the Cardholder shall in any event not exceed the Ringgit Malaysia value of the Monthly Diesel Subsidy Quota.
“Reimbursed Amount” has the meaning specified in Clause 3.6(c).
"Replacement SUBSIDY CASHCARD" means a SUBSIDY CASHCARD specifically issued to replace a SUBSIDY CASHCARD which has been lost, stolen or mutilated.
“Ringgit Malaysia” means the lawful currency of Malaysia.
“Subsidised Price” means the difference between the Pump Price and the Subsidy Amount.
“Subsidy Amount” means the amount calculated based on the volume of the Products purchased and the diesel subsidy announced by the government from time to time.
"SUBSIDY CASHCARD" means a card issued by Caltex pursuant to these Terms and Conditions for a Listed Vehicle, the registration number, make and model of which appear on the SUBSIDY CASHCARD and which may be used in connection with the purchase of Products from the Authorised Retailer and where the context so requires, “SUBSIDY CASHCARD” shall also include any Replacement SUBSIDY CASHCARD.
"SUBSIDY CASHCARD Print Out" means a machine and/or electronic print-out issued by Caltex or by an Authorised Retailer when the SUBSIDY CASHCARD is used in connection with the purchase of Products, which shall set out the Pump Price, the Subsidy Amount and the Subsidised Price.
“Subsidy Letter” means the original letter issued to the Cardholder by the Ministry of Domestic Trade & Consumer Affairs stating that the Cardholder qualifies for the purchase of subsidised diesel and setting out, inter alia, the details of the Monthly Diesel Subsidy Quota upon the terms and conditions therein.
“Terms and Conditions” means these Terms and Conditions.
“Transaction Declined Form” means such form as shall from time to time, be provided by Caltex to the Authorised Retailers for completion by Users in the event of any Declined Transaction.
“Transaction Period” means the month or other period during which purchase transactions are made by Users commencing from and ending on such dates as may be determined by Caltex.
"User" means a person who is in possession of the SUBSIDY CASHCARD and who uses the same in an Electronic Data Capture Transaction in connection with the purchases of the Products from the Authorised Retailer "Vehicle Data" means the attachment and supplemental forms to the SUBSIDY CASHCARD Application Form completed by the Cardholder and containing the particulars of each of the Listed Vehicles to be issued with a SUBSIDY CASHCARD pursuant to this Agreement including particulars of additional vehicles which the Cardholder may forward to Caltex in writing.