2. Registration of Account
You will be required to nominate a password to complete the registration of your Account. You are solely responsible for keeping the password secure. In addition, you may be required to provide your credit card, StarCard or other loyalty card(s) details for the purpose of enabling a payment method and other features offered through the Application, and such card details will be linked to your Account.
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;
(iv) you will not transfer your Account to any other person without prior permission from Caltex.
You are responsible for the use of your Account and all activities that are carried out through the Account, whether authorized or unauthorized and must notify Caltex immediately if you become aware of any unauthorized use of or access to your Account.
Caltex 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) mobile payment services – using the Application to pay for fuel and/or other transactions at a Station; and
(iii) any other services as Caltex may introduce through the Application from time to time.
If and when you use the Services, Caltex will be able to obtain data about your location through the Application. If you do not wish to allow or enable Caltex 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. Mobile Payment Services and Payment Methods
You may use the Application to pay for fuel and/or other transactions at a Station if you are located within 100 metres of the Station.
You may only use the Application to pay for fuel while you are inside your enclosed motor vehicle (not a motorcycle) or inside the Station store and in accordance with any safety rules posted at the Station. You may not use the Application if your vehicle is turned on or in motion or if you are out of your vehicle and on the Station forecourt.
In order to access and use the mobile payment services, you must first select a payment method to be linked to your Account. The payment methods accepted by Caltex will be listed in the Application and may be replaced or changed at Caltex’s discretion at any time and from time to time. Your selection of a payment method is deemed to constitute your authorization of Caltex to charge you for the provision of Services using the selected payment method.
In order to enable payment using credit card or (if applicable) StarCard, you must first provide your credit card or StarCard details through the Application and link the relevant card details to your Account. Not all credit cards may be eligible for use with the Application. If your credit card is not eligible, you will receive an error message when you enter the relevant card details. In order to obtain loyalty privileges for purchases made through the Application, you must first provide your loyalty card details through the Application and link the relevant loyalty card details to your Account.
Prior to making payment for a fuel purchase transaction, you will be prompted to enter the number of the fuel pump at the Station at which you are purchasing fuel. The Application will then produce a summary (“Purchase Summary”) of the type, volume and total price of the fuel you have purchased, along with a request for you to confirm that payment will proceed.
Upon your confirmation of the Purchase Summary and payment, you will be charged for the fuel purchase transaction through the payment method you have selected, and an electronic transaction slip of the purchase will be sent by Caltex to the email address you have provided for your Account. If the payment method you have selected is not approved, or payment is otherwise unable to be completed, you will be prompted to select another payment method or to pay for the fuel purchase in person at the Station.
You agree that you are responsible for ensuring that the correct fuel pump number is entered for each fuel purchase, and to review and confirm the accuracy of the information contained in each Purchase Summary before confirming your payment. Caltex has no liability to you for any inaccuracies or mistakes made by you in entering and/or reviewing such information.
You will not be entitled to any return of any fuel that has been pumped into your vehicle, or any refund of any payment made for fuel that has been pumped into your vehicle. If you are not satisfied with or have any queries regarding any products or the Services provided through the Application, you may contact us through the “Feedback” section of the Application within 24 hours of the relevant transaction.
For the purposes of the Application, Caltex uses third party merchant facilities and service providers to process payments. Caltex is not responsible and has no liability for any third-party merchant facilities or payment processing carried out by any service provider, including any loss or damage arising out of any use of a third-party payment gateway. You agree that it is your responsibility to read and understand the terms of the third-party merchant facilities before using them.
All prices displayed in the Application are in Philippine Peso
6. Promotions, Offers and Discounts
Caltex 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 Caltex in relation thereto.
If and where Caltex issues communications or marketing materials to you via SMS and/or email, you will be able to opt-out of receiving communications or marketing materials through the relevant “Unsubscribe” link or by contacting Caltex. For communications or marketing materials issued by Caltex through the Application, you may disable or change your preferences for receiving notifications of such communications or marketing materials through the relevant Settings function of your mobile device. 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 transaction receipts.
7. Application and Account Security
You are prohibited from violating, or attempting to violate, the security of this Application and your Account. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. 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 authorized to access;
(ii) accessing data or taking any action to obtain 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, Caltex’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;
(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.
8. 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 Caltex 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;
(viii) assist or permit any persons in engaging in any of the activities described above.
9. 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.
All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Caltex 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.
(ii) you fail to make any payment due and payable to Caltex under these Terms or for the Services; or
13. Third-Party Software and Services
The Application may contain links to other non-Caltex 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 Caltex proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from Caltex. Caltex 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 Caltex of the organizations sponsoring the sites or applications, or their products or services.
15. Jurisdictional Issues
The Application is controlled and operated by Caltex from its offices within Singapore. Caltex makes no representation that materials in the Application are appropriate or available for use in other locations or geographies. 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 penalized is prohibited. The Application and the software contained therein is further subject to United States and Philippines export controls. No data, information or software from the Application may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States or Philippines embargoes or sanctions goods, services or technology; or (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) prohibited under the Philippines Regulation of Import and Exports Act (Cap 272A) or Regulations. 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.
The Application and Services are provided and made available "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Caltex disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. Caltex does not warrant that access to this Application or the Services or to the functions contained in the Application will be uninterrupted or error-free, that defects will be corrected, or that this Application or the server that makes it available are free of viruses or other harmful components. Caltex does not make any representations or warranties regarding the use or the results of the use of the Application in terms of their correctness, accuracy, currency, availability, reliability, or otherwise. Applicable law may not allow the exclusion of some or all implied warranties, so to the extent that such laws are applicable, part or all of the above exclusions may not apply to you.
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.
17. Limitation of Liability
To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Caltex be liable for any compensatory, punitive, indirect, special or consequential damages that result from the use of, or the inability to use, the Application or the Services, even if Caltex or a Caltex authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall Caltex's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to Caltex, if any, for using this Application and the Services.
19. Disclosure; Product Statements
This Application contains information on products and services of Caltex and its related entities. While Caltex tries to ensure that all information on this Application is accurate and current at the time of posting, all information on Caltex's products and services on this Application should not be relied on as definitive, final, current or complete, and you agree to contact Caltex 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.