Customer Loyalty Program General Terms

1.1 The Customer Loyalty Program, hereunder known as “CLP”, registered under “DRIVE”, is managed by ABC BPO Ltd, Military Road, Port Louis. Registered in Mauritius, with BRN: C12113095 and Vat Reg. No. VAT27191669.

1.2 The CLP is accessible only to individual customers bearing private vehicles and to company owners having not more than three vehicles, and/or as deemed by Business Unit Manager of ABC Automobile Division (the “Business Unit Manager(s)”). Prior approval is required from Business Unit Managers in order to proceed with allocation of cards to company owners.

1.3 All DRIVE cards remain the property of ABC BPO Ltd.

1.4 The CLP is valid in outlets of ABC Automobile Division listed below :

• Nissan Service Department (Port-Louis & Phoenix) • Nissan Spare Parts (Port-Louis & Phoenix) • Nissan Sales (Port-Louis & Phoenix) • ABC Body & Paint • Infiniti Sales • Ginza Motors • Autotech Jeep, Fiat, Alfa • QuikFix Service Centre Port-Louis • QuikFix Service Centre Caudan • QuikFix Service Centre Ebene • QuikFix Service Centre Flacq • QuikFix Service Centre Floreal • QuikFix Service Centre St-Pierre • Stuttgart Motors (Porsche) • ABC Marketing – TyreXpert

1.5 Each member can only have one DRIVE account, therefore one loyalty card. No additional cards shall be issued for the same account.

1.6 The CLP is for personal use only; business use is strictly prohibited and constitutes a breach of those terms and conditions. ABC BPO Ltd reserves the right, at point of purchase or retrospectively, to determine whether a transaction relates to a business usage of the CLP.

1.7 ABC BPO Ltd can take any action it considers appropriate, including removing or suspending a DRIVE account, as well as points accrued, if there are reasons to believe that the member is in breach of the terms and conditions of the program or associated clubs and offers.

1.8 Rewards and benefits associated to DRIVE are subject to stock availability.

1.9 ABC BPO Ltd reserves the right to remove points from DRIVE accounts that haven’t been active for 7 years or where the account has been closed.

1.10 All preloaded points and/or promotional points may be valid for a specific period, and according to the date stipulated on the respective vouchers. Any remaining points shall be removed from the relevant account upon reaching their respective expiration date.

1.11 The CLP is applicable to Mauritian citizens and Mauritian residents aged as from 18 years.

1.12 ABC BPO Ltd may cancel, withdraw or alter the program and/or the terms and conditions and/or any individual DRIVE account at any time without prior notice.

2.1The points are awarded on qualifying purchases as determined by ABC BPO Ltd. However, the number of points collected can vary, e.g. a fixed number of points will be allocated for the purchase of a new or used vehicle and a variable number of points will be allocated for all other purchases. In stores, points will be added to your DRIVE account at the time of purchase of any products and/or services included in the Program.

2.2 After ordering vouchers online on www.abcdrive.info, your points will automatically be debited from your CLP account.

2.3 Points may not be applicable on selected products, services or items and ABC BPO Ltd reserves the right to remove, increase or add points on selected items as and when required without notice or prior communication.

2.4 Online DRIVE promotions may not be available or may vary from time to time. The member must check individual promotions details where applicable.

2.5 ABC BPO Ltd reserves the right to withdraw DRIVE promotions/ offers without notice.

3.1 DRIVE points are not exchangeable for cash and are non-transferable to other accounts.

3.2 Points can only be used or spent on certain products and services and can only be used on items clearly defined with a specific value in points. Please check the list of possible rewards on www.abcdrive.info.

3.3 You must have enough DRIVE points to cover the value in points stated for the item/reward; you cannot make a part payment of points towards a product or service.

3.4 ABC BPO Ltd reserves the right to ask for identification i.e. a National Identification card or valid passport, when presenting the DRIVE card and/or when redeeming a voucher.

3.5 CLP promoters list will be available on the website www.abcdrive.info.

3.6 ABC BPO Ltd reserves the right to substitute or remove products and services available for DRIVE points collection and redemption in stores and online without notice.

3.7 Spending points on products and services may be subject to availability.

4.1 By providing us with your latest email address and mobile phone number, you acknowledge and accept to receive certain benefits and/or marketing information from DRIVE, including communication about products, promotions and sales, that may be communicated by way of email or short message service (SMS).

4.2 Please note that certain benefits may be forfeited if you elect not to provide us with an email address or mobile number. ABC BPO Ltd also accepts no responsibility whatsoever for any benefit sent by email or SMS which is not received as a result of an incorrect email address or mobile number provided by you or as a result of circumstances over which ABC BPO Ltd has no control.

5. 1 No refund shall be made once a product has been collected at any store.

5.2 In case a product you have bought using your DRIVE points is faulty, please return it to the location from where it was purchased. Kindly note that we are not liable for any returns and this is and will remain at the discretion of the promoter you collected it from. If necessary, we shall credit your account with the corresponding number of points. No cash refund will be given in such circumstances.

6.1 The CLP has the right to partner with any third party suppliers or companies either within Mauritius or out of Mauritius in order to increase and enhance the offering or rewards provided to the members of the Program.

6.2 ABC BPO Ltd shall not be responsible for products and services offered by partners outside of the ABC Automobile Cluster. The items are neither refundable nor exchangeable.

7.1 ABC BPO Ltd and the CLP provides no warranty and/or guarantee and/or makes any representation as to the merchantability and/or fitness for a particular purpose of any completed work that is the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded.

7.2 ABC BPO Ltd shall not be liable for any loss and/or delay in transit not caused by ABC BPO Ltd.

7.3 ABC BPO Ltd shall not be liable for any indirect, special or consequential damage, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data.

7.4 The total aggregate liability of ABC BPO Ltd, in respect of any and/or all causes of action arising out of or in connection with the customer’s order and ABC BPO Ltd performance of services pursuant to such order (whether for breach of contract, strict liability, tort, including, without limitation, negligence, misrepresentation or otherwise), shall be limited to the sum paid to ABC BPO Ltd by the customer in respect of the order pursuant to which liability has arisen.

7.5 Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to the laws of the Republic of Mauritius, be excluded or limited, including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.

8.1 In case of loss, damage, or theft of the loyalty card, it is the cardholder’s responsibility to inform the Head Office of ABC BPO Ltd in Port-Louis as soon as practicably possible.

8.2 The card holder can request a new loyalty card free of charge for the first replacement. The latter will be charged 1,000 points for any additional replacements.

8.3 Any point(s) accrued on the lost, stolen or damaged loyalty card at the time of the declaration will be transferred to the new loyalty account.

9.1The DRIVE card shall at all times be and remain the property of ABC BPO Ltd (Mauritius).

9.2 The DRIVE card can be immediately suspended or cancelled by ABC BPO Ltd at any time if, in ABC BPO Ltd’s reasonable opinion, a card holder has: • Breached these terms and conditions; • Made any fraudulent use of the DRIVE card, or • Supplied false or misleading information to ABC Group of Companies; in such case the cardholder will lose all the acquired benefits and any rights of use.

9.3 If a cardholder wishes to close his ABC CLP account, the cardholder should return his/her card in person and produce a valid National ID card or valid Passport for identification purposes, to ABC CENTRE at ABC BPO Ltd, Military Road, Port Louis.

Note: An email will be automatically sent to confirm cancellation of account.

10.1 ABC BPO Ltd will not be liable if it is unable to meet its obligations towards a customer for any reason outside its control including (but not limited to): acts of God/ natural disasters, governmental legislation, war, power failures, industrial action by agents & third parties.

10.2 In the event of such an occurrence, ABC BPO Ltd will use its best endeavors to satisfy the delivery requirements as soon as reasonably practicable, although the customer will have the option to terminate the contract.

11.1 ABC BPO Ltd shall comply with all applicable data protection laws in the Republic of Mauritius, including but not limited to the Data Protection Act 2017, as may be amended from time to time.

11.2 The CLP member hereby consents and expressly grants ABC BPO Ltd the right to collect and process any and all information provided by the CLP member to ABC BPO LTD and to share any and all foregoing details with ABC BPO Ltd’s affiliates and with ABC Automobile Division and/or any company forming part of the ABC Group.

12.1 All intellectual property rights, including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements), whether registered or unregistered, belonging to ABC BPO Ltd, shall remain the property of same and the CLP member shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights.

12.2 No part of the CLP may be reproduced in any form or used in any other way except in accordance with these terms and conditions.

12.3 The DRIVE logo is a registered trademark of ABC BPO Ltd. The CLP member must not use these or any other registered or unregistered trademarks without the prior written permission of ABC BPO Ltd.

13. ABC BPO Ltd maintains the web site and/or the mobile application (the “Mobile App”) of the CLP for your non-commercial personal use.
14. ABC BPO Ltd reserves the right, in its sole discretion, to modify, suspend or discontinue partly or fully the web site and/or Mobile App at any time, without notice or liability to you or any third party. ABC BPO Ltd also reserves the right, in its sole discretion, to impose limits on certain features and services.
15. The web site and/or Mobile App may include links to third-party websites and/or mobile applications. ABC BPO Ltd does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the website and/or Mobile App does not imply its endorsement of it.
16. All requests and transactions made through the web site and/or Mobile App are subject to ABC BPO Ltd acceptance, at its sole discretion. Once a CLP member has placed a request or transaction, the latter will not be allowed to cancel the said transaction and same will be processed in accordance to the terms and conditions set out by ABC BPO Ltd for the CLP. ABC BPO Ltd may cancel any request or transaction, whether or not it has been confirmed, for any or no reason, in the CLP at its sole discretion, and without liability to the CLP member.
17. CLP member agrees that any notice, agreement, disclosure or other communications that CLP sends to a member electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. The CLP member agrees that ABC BPO Ltd is free to use any comments, information or ideas contained in any communication that the CLP member may send, without compensation, acknowledgement or payment to the member, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the web site and/or Mobile App or other products or services.

19.1 Whereas ABC BPO Ltd endeavors to its best to maintain the accuracy and reliability of the website and/or Mobile App, ABC BPO Ltd does not warrant nor represent that it will function or be error-free at all material times. ABC BPO Ltd shall accept no responsibility and/or liability for errors or omissions on the website and/or Mobile App or for issues with navigating them. The access and use of the website and/or Mobile App are at the user’s own risk.

19.2 Without limiting the foregoing, the website and/or Mobile App, their contents and any product or service offered through them are provided “as is” and “as available”, without warranty of any kind, either express or implied including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

20. The CLP member agrees to indemnify and hold ABC BPO Ltd and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of the member’s access or use of the website and/or Mobile App or violation of any law or the rights of any person.
21. These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Mauritius and ABC BPO Ltd and the CLP member hereby submit to the exclusive jurisdiction of the courts of the Republic of Mauritius in respect of any dispute arising out of or in relation to these terms and conditions.

22.1 If any provision of these terms and conditions is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. ABC BPO Ltd’s failure to enforce any provision of these terms and conditions shall not constitute a waiver of that or any other provision.

21.2 These terms and conditions set forth the entire agreement between the CLP member and ABC BPO Ltd in connection with the use of the website and/or Mobile app.

1. The voucher can be used only at the designated point of sale and has no cash value.

2. Vouchers will only be issued to individuals and not to companies.

3. The validity period of any voucher is for a minimum of 1 month to a maximum of 6 months, unless stated otherwise.

4. The date of issue means the date the voucher has been ordered.

5. The leftover balance on a voucher cannot be used for future purchases.

6. In case the voucher does not cover the totality of the purchase amount, the DRIVE member will have to pay the difference by any other acceptable method of payment.

7. A voucher will not be reissued if same has been lost or stolen.

8. A voucher cannot be combined with any other coupons, unless stated otherwise.

9. A voucher cannot be combined with any discounts and ongoing promotional offers, unless stated otherwise.