CaltexGO Terms of Use
IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS ON OUR LIABILITY TO YOU.
1. Acceptance of these Terms of Use
These Terms of Use apply to your access to and use of all or part of this CaltexGO mobile application ("Application") of Chevron Australia Downstream Pty Ltd or an affiliated company ("Chevron"). By clicking “I agree” or by accessing and/or using this Application and/or any of the Services (as defined below in Section 3), you agree to be bound by these Terms of Use and all terms incorporated by reference. If you do not agree to these Terms of Use or to our handling of your personal information in accordance with our Privacy Statement, please do not use this Application and the Services.
These Terms of Use shall be effective upon your acceptance of and agreement to them (either by clicking “I agree” or when you first access this Application and/or use any of the Services).
As used throughout this Application and these Terms of Use, the term "Chevron" and such terms as "the company", "legal entity", "the corporation", "our", "we" and "us" may refer to Chevron Australia Downstream Pty Ltd, or one or more or all of Chevron Australia Downstream Pty Ltd's related corporations and/or affiliates. All of these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs.
Chevron reserves the right to modify, update, replace or change any or all of these Terms of Use or its policies relating to the Services at any time and from time to time, by posting an updated or revised version at this URL. Any modification, update, replacement or change to the Terms of Use or any policy relating to the Services shall be effective upon posting of the updated or revised version. If you do not agree to or accept any updated or replaced version of these Terms of Use, you must cease using the Application and the Services. Although Chevron will endeavour to highlight material updates or changes to these Terms of Use, it is your responsibility to review these Terms of Use regularly to ensure you are aware of the most recent terms as they will be binding on you and your use of the Application and Services. Your continued use of, or access to, the Application and/or the Services will be deemed to constitute your agreement to and acceptance of such changes. If you do not agree to any update or change, you must immediately cease using and accessing the Application and the Services.
Further, Chevron may at any time and from time to time introduce updates, enhancements, changes or new features to the Application. Any such changes or new features introduced will be subject to these Terms of Use.
2. Registration of Account
To create an account, you must:
(i) be at least 18 years of age;
(ii) possess the legal right, capacity and ability to enter into a legally binding agreement with us; and
(iii) agree to use the Application in accordance with these Terms of Use.In order to access and use the Application and Services, you must set up and register a user account (“Account”) with the Application. You are required to provide your full name, a valid email address and a mobile phone number, in order to register an Account and by registering you confirm that you are not a minor. Chevron will handle all personal information we collect in accordance with the privacy collection notice that we provide to you in the Application and otherwise in accordance with our Privacy Statement.
You will be required to nominate a password to complete the registration of your Account. You are solely responsible for keeping the password secure.By creating and registering an Account, you represent and warrant that all information provided in connection with the registration and use of the Account are true, accurate and not misleading. You further agree that:
(i) you will not create more than one Account for the Application;
(ii) you will not share your password or allow any other person to access your Account, or otherwise do anything that may or will violate the security of your Account;
(iii) you will keep all information provided by you through the Application up to date and accurate; and
(iv) you will not transfer your Account to any other person without prior permission from Chevron.You are responsible for the use of your Account and all activities that are carried out through the Account, whether authorised or unauthorised and must notify Chevron immediately if you become aware of any unauthorised use of or access to your Account.
3. Services
Chevron may offer and provide the following services (“Services”) through the Application:
(i) location services – using the Application to determine your location and any Caltex service station in the vicinity which accepts the use of the Application for its operations (“Station”);
(ii) Caltex Rewards – our loyalty program for earning and redeeming Caltex Rewards points, including QR codes that you can scan to receive discounts on eligible purchases at our Stations; and
(iii) any other services as Chevron may introduce through the Application from time to time.Further, Chevron may at any time, and from time to time, introduce updates, enhancements, changes or new features to the Services. Any such changes or new features introduced will be subject to these Terms of Use.
If and when you use the Services, Chevron will be able to obtain data about your location through the Application. If you do not wish to allow or enable Chevron to do so, you should de-activate the functionality for the relevant Service(s), in which case you will not be able to use such Service(s).
4. Location Services
If activated, the location services functionality allows the Application to be used to determine the locations of nearby Stations. If you are in the vicinity of a Station, the Application will indicate the Services that are available for that Station.
5. Promotions, Offers and Discounts
Chevron may from time to time introduce promotions or offers for purchase of its goods and services, or a discount off the prevailing price of its goods and services, through the Application.
Any such promotion, offer or discount will be subject to applicable terms and conditions set out in the “Notifications” or other relevant section of the Application (or the relevant link embedded therein), or other communications or marketing materials that may be issued by Chevron in relation thereto. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms of Use, those terms and conditions will prevail.
If Chevron issues communications or marketing materials to you via notifications, SMS and/or email, you will be able to opt-out of receiving communications or marketing materials via notifications, SMS and/or email through the relevant “Unsubscribe” link or by contacting Chevron. For communications or marketing materials issued by Chevron through the Application, you may disable or change your preferences for receiving notifications of such communications or marketing materials through the 'Manage Notifications' section of the Application. Please note that if you opt-out of receiving such communications or marketing materials or notification thereof, we may still send you service-related messages such as messages about your Account from time to time.
6. Application and Account Security
You are prohibited from violating, or attempting to violate, the security of this Application and your Account. Violations of the security of the Application or your Account include without limitation:
(i) logging into or attempting to log into a server or user account that you are not authorised to access;
(ii) accessing any data or taking any action to obtain any data, information or services not intended for you or your use;
(iii) attempting to probe, scan or test the vulnerability of any system, network or user account;
(iv) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
(v) circumventing any system or mechanism in the Application that is designed and intended to limit your access to areas within, or components of, the Application;
(vi) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with the Application’s or any user account’s functionality or operation;
(vii) using the Application in a manner or committing any act which is detrimental to, or in violation of, Chevron’s or a third party’s systems or network security, or which could otherwise damage or impair the servers or networks used by the Application or by other users of the Application; and
(viii) interfering with service to, or engaging in any denial of service attack of, the Application, any user, host or network including, without limitation by means of overburdening or "flooding" any computer system.
7. Accessing and Using the Application
You acknowledge that the availability of the Application is dependent on the third-party platform from which you download the Application (for example, Apple App Store or Google Play Store). Each of these platforms may have its own terms and conditions for the downloading, installation and use of the Application, and you agree that it is your responsibility to ensure compliance with such terms and conditions.
In accessing and using this Application, you must not:
(i) post, send or otherwise transmit to or through the Application any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person's privacy or other rights or any material that Chevron in its sole discretion does not wish posted or transmitted on the Application;
(ii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(iii) upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
(iv) misrepresent your identity or affiliation in any way;
(v) engage in deceptive online marketing;
(vi) violate any applicable laws or regulations;
(vii) use the Application in a manner that would violate these Terms of Use or any policy posted in the “About” or others section(s) of the Application; or
(viii) assist or permit any persons in engaging in any of the activities described above.
Chevron may, at any time without prior notice, restrict, block, suspend or disable your access to all or some parts of the Application or Services, and/or edit or remove any content within the Application including any material which in Chevron's reasonable opinion may give rise to a breach, or be in violation of these Terms of Use or any applicable law, or which Chevron considers in its discretion might be otherwise offensive, harmful or objectionable.
8. User Submissions
You must exercise caution, good sense and sound judgment in using the Application. You are responsible for any material or information you place on, or transmit to or through the Application. You agree, represent and warrant that any information you post to or transmit through the Application is truthful, accurate, complete, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.
9. Intellectual Property, Licence and Copyright
Subject to your compliance with these Terms of Use, Chevron grants you a non-transferable, non-exclusive, non-sublicensable, royalty free licence to install on your mobile device, view, use and access the Application in Australia solely for your legitimate personal purposes (which excludes seeking to commercialise the Application or Services) and as authorised by Chevron or (where applicable) our third-party licensors.
All content included on this Application, such as text, graphics, logos, buttons, icons, images, video clips, audio clips and software, is the property of Chevron, its content suppliers or licensors and is protected by the laws of the country applicable in each specific context and international copyright laws. The compilation (including the collection, arrangement and assembly) of all content on this Application is the exclusive property of Chevron and is protected by the laws of the country applicable in each specific context and international copyright laws. No material from this Application may be copied, reproduced, republished, modified, adapted, uploaded, posted, transmitted, or distributed in any way without prior written permission of the copyright owner. Modification of the materials or use of the materials for any other purpose is a violation of Chevron's copyright and other proprietary rights. Prior written permission for all other uses of materials contained herein, including reproducing and distributing copies, or framing of any part of this Application on another website, must be obtained from Chevron in advance. Requests for such authorisation should be sent via email to: Caltexbrand@Chevron.com. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Chevron or its licensors.
All software used or made available on this Application is the property of Chevron or its software suppliers and is protected by the laws of the country applicable in each specific context and international copyright laws. In the event that you are permitted by Chevron to download and you download software from the Application, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Chevron subject to any terms of use accompanying the Software. Chevron does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Chevron retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, modify, adapt, decompile, reverse engineer, disassemble or otherwise reduce the Application or Software to a human-perceivable form, except to the extent permitted by applicable law and subject to prior written consent from Chevron of such activities.
10. Trade marks
All trade marks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Chevron or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
11. Termination
Chevron may terminate these Terms of Use at any time by providing 30 days’ prior written notice to the email address you provided for your Account (as may be updated by you).
In addition, Chevron may immediately and without notice to you terminate these Terms of Use or suspend or cancel your access to your Account and/or all or any part of the Application and/or the Services, and restrict your further access to your Account and/or all or any part of the Application and/or the Services, if:
(i) you commit any breach or violation of these Terms of Use;
(ii) you fail to make any payment due and payable to Chevron under these Terms or for the Services; or
(iii) you have demonstrated any behaviour (including through your actions or statements) that indicates your intention not to comply with these Terms of Use.
Upon termination of these Terms of Use, Chevron shall have the right to deactivate or delete your Account and all data and content provided by you or about you.
12. Third-Party Software and Services
The Application may contain various third-party software components and services. By using the Application, you agree and consent to Chevron’s use of these third-party software components and services. You are also agreeing to any applicable terms of use, licenses or privacy policies related to that third-party software component and service. A breach of those terms of use, licenses or privacy policies shall be deemed a breach of these Terms of Use. By using the Application, you (i) expressly release Chevron from any and all liability arising from your use of any third-party components or services embedded in the Application, and (ii) agree that, with respect to the third-party components and services and to the maximum extent permitted by applicable law, Chevron is not responsible for the manner in which your data is processed.
13. Links
The Application may contain links to other non-Chevron websites or applications. These links are for convenience only and may not be current or be maintained. Certain of these linked websites or applications may make use of Chevron proprietary intellectual property rights (such as trade marks, service marks, logos and trade names) under license from Chevron. Chevron is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website or application. In addition, providing links to these sites or other applications should not be interpreted as endorsement or approval by Chevron of the organisations sponsoring the sites or applications, or their products or services.
14. Jurisdictional Issues
The Application is controlled and operated by Chevron from its offices within Singapore and the Philippines. Chevron makes no representation that materials in the Application are appropriate or available for use in locations or geographies other than in Australia. Those who choose to access the Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Access to this Application from jurisdictions where the contents of this Application are illegal or penalised is prohibited. The Application and the software contained therein are or may be subject to export laws and regulations of the United States and Australia, and any use or transfer of such software, its contents and technical information must be authorised under such laws. No data, information or software from the Application may be used, downloaded, distributed or otherwise or re-exported except in compliance with applicable export laws, including (without limitation): (i) into or to a national or resident of any country to which the United States or Australia embargoes or sanctions goods, services or technology; (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders; or (iii) in a manner that is contrary to any prohibitions under applicable Australian laws and regulations concerning import and export. By downloading or using the Application or Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. Disclaimer
The Application and Services are provided and made available "as is" and without warranties either express or implied. To the fullest extent permitted by law, Chevron makes no warranties or representations about this Application or its content, including, but not limited to, warranties or representations that the Application or information contained on the Application are complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. Chevron has no obligation to monitor your access to or use of the Application or Services but has the right to do so for the purpose of ensuring your compliance with these Terms of Use or to comply with applicable law or an order or requirement of a court or governmental agency.
Some features of the Application may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the Application or Services may require access through your mobile network, which may result in additional charges depending on your payment plan. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.
16. Limitation of Liability
To the extent permitted under applicable law, including the Australian Consumer Law, under no circumstances, including, but not limited to, negligence, shall Chevron be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered by your use the Application and/or the information or materials contained on it, or as a result of the inaccessibility of this Application and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Where any applicable law (including the Australian Consumer Law) implies any warranties, guarantees or conditions or imposes obligations upon Chevron which cannot be excluded, restricted or modified except to a limited extent ("Non-Excludable Guarantees"), these Terms of Use must be read subject to those statutory provisions and Non-Excludable Guarantees. The above limitation of liability will not apply to the extent those Non-Excludable Guarantees apply and (in that case) Chevron's liability for breach of those Non-Excludable Guarantees only will instead be limited at its option to:
(i) in the case of any goods supplied by Chevron, either replacement of the goods or supply of equivalent goods, the repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods or payment of the cost of having the goods repaired; or
(ii) in the case of any services performed by Chevron, either the performance of the services again or the payment of the cost of having the services performed again.
17. Disclosure; Product Statements
This Application contains information on products and services of Chevron and its related entities. This information is not comprehensive and is intended to provide a summary of the subject matter covered. While Chevron will use all reasonable attempts to ensure that all information on this Application is accurate and current at the time of posting, to the extent permitted by law, including Australian Consumer Law, Chevron makes no warranty regarding the information on the Application. You agree to contact Chevron directly for more detailed and updated information on its products and services instead of placing any reliance on any product or service information on this Application.
We may, from time to time and without notice, change or add to the Application (including the Terms of Use) or the information, products or services described in it. However, we do not undertake to keep the Application updated. We are not liable to you or anyone else if errors occur in the information on the Application or if that information is not up-to-date.
18. General
These Terms of Use shall be governed by and construed in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of law. By accessing and/or using this Application or the Services, you submit to the exclusive jurisdiction of the courts of that jurisdiction. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No third party shall have any right to enforce any provision of these Terms of Use other than a permitted assignee or transferee. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.
No failure to exercise or delay in exercising any right, power or remedy under these Terms of Use operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.