This StarCard (the“Card”) is issued by Chevron Hong Kong Limited (“Chevron”) on the following terms and conditions: In this Agreement, “Customer” means any person or entity to which a Card is issued by Chevron; “entity” includes corporation, partnership and other entities, corporate or unincorporated having legal capacity; and an “Affiliate” of Chevron means any company directly or indirectly controls or controlled by or is under direct or indirect common control with Chevron. For the purposes of this definition, “control” (including its correlative meanings, “controls”, “controlled by”, and “under common control with”) means the power to determine the direction of the management or material policies of a person, whether through ownership of voting shares, agreement or otherwise (including by direct or indirect beneficial ownership of 50% or more of the voting shares of an entity).
I. Use of the Card
1. The Card is the property of Chevron and shall be returned to Chevron immediately by the Customer upon Chevron's request. Chevron reserves the right to terminate the use of the Card and this Agreement at any time without giving any reason or prior notice and without payment of compensation to the Customer.
2. Once the Card is being used, the Customer agrees to pay for all charges incurred in connection with the use of the Card.
3. Subject to Clause 6 of Section I, the Customer may at any time cancel the Card account by giving Chevron a prior written notice of not less than fifteen (15) working days and by returning to Chevron the Card duly cut into two halves together with such written notice.
4. The Card may only be used by Customer to purchase Chevron’s designated products and services. Also, the Customer may only use the Card with respect to a vehicle (“Vehicle”) designated by the Customer.
5. Chevron may at its absolute discretion extend to a Customer a revolving credit limit (“Designated Credit Limit”) to purchase on credit Chevron’s products and services with the use of the Card. At any given time, the moneys owing to Chevron under the Customer’s Card account, and the credit which may be utilized by the Customer, shall not exceed the Designated Credit Limit. Chevron may at any time at its absolute discretion revise or discontinue the Designated Credit Limit without cause and without prior notice to the Customer.
6. Except to the extent that payment liability is released under Clause 12 of Section I by Chevron, the Customer shall pay for all moneys owing to Chevron under the Card account with respect to all the transactions which have been effected by the use of the Card. The Customer assumes all risks associated with the use of the Card, including but not limited to the use of the Card which is without the knowledge or authority of the Customer, or which is not related to the Vehicle. Records of Chevron (including, but without limitation, Chevron's computer records and manual vouchers) for the Card transactions shall be conclusively binding on the Customer for all purposes.
7. A monthly statement/invoice (“Settlement Document”) will be sent to the Customer containing such information as Chevron considers relevant. Such information may include: (a) details of the transactions effected in the period immediately preceding the date (“Defined Date”) of the Settlement Document, (b) total amount outstanding on the Card account, and (c) the payment due date and manner of settlement by the Customer. It is the duty of the Customer to read the details of the Settlement Document and to correct any error contained in the Settlement Document by sending to Chevron a written request, supported with documents which are acceptable to Chevron for the rectification, within thirty (30) days of the Defined Date. The Customer accepts that the Settlement Document shall be conclusively binding on the Customer unless it has been corrected in accordance with this Clause.
8. All moneys due by the Customer to Chevron shall be paid in Hong Kong dollars. For any part of the moneys which have not been paid in full after the payment due date, Chevron will charge Customer 1% (or at such other rate as maybe set out at the back of your Settlement Document) of the overdue amount after each payment due date until full settlement as an administration fee for late payment. The Customer shall pay for all costs and expenses (including, without limitation, legal fees on a full indemnity basis, costs of engaging collection agents and other expenses) reasonably incurred by Chevron to enforce this Agreement and/or recovering any money due to Chevron under this Agreement, Chevron may, but is not obligated to, set off any money owed to Chevron under the Card account against any deposit and/or credit balance on whatever account that the Customer may have with Chevron.
9. If the Customer only makes a partial payment on any money due, Chevron shall have the right to apply the payment in a manner it considers appropriate.
10. Chevron may at its absolute discretion require the Customer to provide to Chevron such collateral or other security as Chevron may consider necessary in relation to the Customer’s use of the Card to purchase Chevron’s products and services.
11. Notwithstanding any provision of this Agreement, Chevron may at any time at its absolute discretion require the Customer to immediately pay for all moneys owing to Chevron under the Card account according to Chevron’s records.
12. The Customer shall keep the Card under safe custody. The Customer shall inform Chevron immediately, and confirm in writing, on any damage, loss or theft of the Card. The Customer agrees to pay Chevron a reasonable replacement fee for the issuance of a new Card to replace the damaged, lost or stolen Card. Chevron reserves the right not to accept any purported notice of loss or theft if the Customer cannot justify the circumstances of the loss or theft of the Card. Until Chevron officially accepts the Customer’s notice on loss or theft of the Card, the Customer shall remain liable for all payments incurred by the use of the Card including all payments which arise after the purported loss or theft of the Card. Once Chevron officially communicates to the Customer that it has accepted the notice on loss or theft of the Card, the Customer shall be released from any liability incurred by any use of the Card which is made one hour after the official communication.
II. Confidential Information and Credit Review
1. The Customer shall promptly notify Chevron in writing of any change of the following and shall provide Chevron with appropriate evidence to support such change: his telephone number, residential address and office address, the registered vehicle number of the Vehicle, and such other information as may be required by Chevron from time to time in connection with the application, renewal and use of the Card.
2. During the term of this Agreement, the Customer shall provide Chevron, within fourteen (14) days of Chevron’s request and in any event on a six-monthly basis without being requested, with information in respect of the Customer’s financial condition, business activities and, in particular, but without limitation, such information as may be necessary to support the extension of any or further credit to the Customer. If so required by Chevron from time to time, the Customer shall, within the period specified by Chevron, provide Chevron with such new, additional and/or replacement collateral or other security as Chevron shall in its absolute discretion decide and Chevron shall be entitled to withhold shipments/deliveries and/or to demand payments to be made in advance or on delivery until such collateral or security is received.
3. The Customer agrees that Chevron may disclose or allow any third party to use any information relating to the Customer’s account with Chevron or his personal or corporate details for marketing, administrative or account collection purposes or for such other purposes as Chevron shall inform the Customer at the time of collection of the information.
III. Terms of the Agreement
Chevron reserves the right to amend from time to time, without advance notice to the Customer, any of the terms and conditions of this Agreement including but not limited to rates of charges and fees. If the Customer uses the Card after the amended terms and conditions become effective, the Customer shall be deemed to have agreed to and shall be bound by the amended terms and conditions. If the Customer does not accept the amendments, the Customer may cancel the Card by returning it to Chevron before the effective date of the amendments pursuant to Clause 3 of Section I. The terms and conditions of this Agreement including all amendments made from time to time constitute the complete agreement between Chevron and the Customer.
IV. Conflicts of Interests
1. The Customer, and its officers, employees, authorized representatives and agents, shall not without the prior written consent of Chevron (a) give to, or receive from, any officer, employee or agent of Chevron or any of its Affiliates any commission, fee, rebate, or any gift or entertainment of value in connection with the obligations to be performed under this Agreement, or (b) enter into any other business arrangement with any officer, employee or agent of Chevron or any of its Affiliates.
2. The Customer shall promptly notify Chevron of any violation of this Section IV and repay or credit Chevron any consideration received as a result of such violation.
3. In addition to its rights under this Section IV, if Chevron’s consent to enter into this Agreement is a direct or indirect result of violation of this section by the Customer prior to the date of this Agreement, Chevron may at its option terminate this Agreement at any time without compensation to the Customer.
V. Other Terms
1. The Customer agrees to abide by all the laws applicable to this Agreement, including the laws that concern the dealings of officials of government and public international organizations.
2. Chevron may assign or transfer all or any of its interests, rights and obligations under this Agreement to any of its Affiliates without the prior consent of the Customer.
3. In this Agreement, where the context so requires, words importing the singular include the plural and vice versa; words importing a gender include every gender.
4. This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”). The parties agree to submit to the non-exclusive jurisdiction of the Courts of Hong Kong.
5. This Agreement and all other documents (including the Settlement Document) entered into or issued pursuant to this Agreement may be written in either English or Chinese languages. If any aforesaid document is written in both English and Chinese languages, only the English version shall be legally binding and the Chinese version shall only be a translation and for reference only.
7. Each party intends that this Agreement will not create any right or cause of action in or on behalf of any entity other than the Customer, Chevron and Chevron’s Affiliates. Any other entity who is not a party may not enforce any of its terms under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of Laws of Hong Kong).
Updated on 14 March 2022