Philippines StarCard Online 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 Caltex StarCard Online website or mobile application ("StarCard Online System" or “OLS”) of Chevron Philippines Inc. or an affiliated company ("Chevron"). By clicking “I agree” or by accessing and/or using this OLS 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, please do not use this OLS 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 OLS and/or use any of the Services).

As used throughout this OLS 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 Philippines Inc., or one or more or all of Chevron’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. The term “You” or “your” means you personally (i.e. the individual who reads and agrees to be bound by these terms), and, if you access the OLS on behalf of a company or other legal entity (including, but not limited to, a partnership or LLP), collectively, you and such company or other legal entity on whose behalf you access the OLS.

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. 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 OLS and Services. Your continued use of, or access to, the OLS 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 OLS and the Services.

Further, Chevron may at any time and from time to time introduce updates, enhancements, changes or new features to the OLS. Any such changes or new features introduced will be subject to these Terms of Use.

2. Access to Account

In order to access and use the OLS and Services, you must already have an existing account (“Account”) with StarCard Online. You are required to register by submitting to Chevron a StarCard Logon Request Form in order to be granted access to the OLS and Services. Chevron will generate a user ID and a temporary password which will allow you access to the OLS. You are encouraged to change the temporary password as soon as possible. Your login credentials for the mobile application will be the same as your credentials for StarCard Online. With respect to any such registration, Chevron may refuse to grant you, and you may not use, a user ID or StarCard Account number that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; or that  Chevron rejects for any other reason in Chevron’s sole discretion.

Chevron may contact you through the email address you have provided regarding the OLS and Services, and for other purposes as may be mentioned in these Terms of Use and the Privacy Statement.

You are solely responsible for keeping your username and password secure. In addition, you may be required to provide your credit card or other loyalty card(s) details for the purpose of enabling a payment method and other features offered through the OLS, and such card details will be linked to your Account.

By accessing the OLS, 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 OLS;

(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 OLS up to date and accurate;

(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 authorized or unauthorized and must notify Chevron immediately if you become aware of any unauthorized use of or access to your Account.

3. Services

Chevron may offer and provide the following services (“Services”) through the OLS:

(i) location services – using the OLS to determine your location and any Caltex service station in the vicinity which accepts the use of the OLS for its operations
(“Station”);

(ii) credit limit update - using the OLS to change the credit limits of the StarCard(s);

(iii) account details - using the OLS to view your account details, balances, recent payment and next payment due date;

(v) transaction history - using the OLS to view your StarCard(s) transactions over the last 30 days; 

(vi) contact Chevron for any enquiry purposes;

(vii) any other services as Chevron may introduce through the OLS 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 OLS. 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 OLS to be used to determine the locations of nearby Stations. If you are in the vicinity of a Station, the OLS will indicate the Services that are available for that Station.

5. OLS and Account Security

You are prohibited from violating, or attempting to violate, the security of this OLS 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 OLS 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 OLS that is designed and intended to limit your access to areas within, or components of, the OLS;

(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 OLS’s or any user account’s functionality or operation;

(vii) using the OLS 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 OLS or by other users of the OLS;

(viii) interfering with service to, or engaging in any denial of service attack of, the OLS, any user, host or network including, without limitation by means of overburdening or "flooding," any computer system.

6. Accessing and Using the OLS

You acknowledge that the availability of the OLS is dependent on the third-party platform from which you download the OLS (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 OLS, and you agree that it is your responsibility to ensure compliance with such terms and conditions.

In accessing and using this OLS, you must not:

(i) post, send or otherwise transmit to or through the OLS 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 OLS;

(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 OLS in a manner that would violate these Terms of Use or any policy posted in the “About” or others section(s) of the OLS; 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 OLS or Services, and/or edit or remove any content within the OLS 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.

7. User Submissions

You must exercise caution, good sense and sound judgment in using the OLS. You are responsible for any material or information you place on or transmit to or through the OLS. You agree, represent and warrant that any information you post to or transmit through the OLS 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.

8. 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, view, use and access the OLS in the Philippines solely for your legitimate business purposes (which excludes seeking to commercialise the OLS or Services) and as authorised by Chevron or (where applicable) our third-party licensors.

All content included on this OLS, such as text, graphics, logos, buttons, icons, images, video clips, audio clips and software, is the property of Chevron, its content suppliers or vendors and is protected by the laws of the country applicable in each specific context and international copyright laws. The compilation (collection, arrangement and assembly) of all content on this OLS 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 OLS 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 OLS on another website, must be obtained from Chevron in advance. Requests for such authorization should be sent via email to Caltex. 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.

All software used or made available on this OLS 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 OLS, 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 OLS 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.

9. Trademarks

All trademarks, 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.

10. 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 OLS and/or the Services, and restrict your further access to your Account and/or all or any part of the OLS 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 behavior (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.

Chevron further reserves the right to seek all remedies available by law and in equity for any violation by you of these Terms of Use. Any rights not expressly granted herein are reserved by Chevron.

11. Third-Party Software and Services

The OLS may contain various third-party software components and services (including the third-party merchant facilities and payment gateway mentioned in Section 5 above). By using the OLS, 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 OLS, you (i) expressly relieve Chevron from any and all liability arising from your use of any third-party components or services embedded in the OLS, 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.

12. Links

The OLS may contain links to other non-Chevron websites or OLSs. These links are for convenience only and may not be current or be maintained. Certain of these linked websites or OLSs may make use of Chevron proprietary intellectual property rights (such as trademarks, 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 OLS. In addition, providing links to these sites or other OLSs should not be interpreted as endorsement or approval by Chevron of the organizations sponsoring the sites or OLSs, or their products or services.

13. Jurisdictional Issues

The OLS is controlled and operated by Chevron from its offices within Singapore. Chevron makes no representation that materials in the OLS are appropriate or available for use in other locations or geographies. Those who choose to access the OLS 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 OLS from jurisdictions where the contents of this OLS are illegal or penalized is prohibited. The OLS and the software contained therein is further subject to United States and Singapore export controls. No data, information or software from the OLS 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 Singapore 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 Singapore Regulation of Import and Exports Act (Cap 272A) or Regulations. By downloading or using the OLS 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.

14. Disclaimer

The OLS 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, Chevron disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. Chevron does not warrant that access to this OLS or the Services or to the functions contained in the OLS will be uninterrupted or error-free, that defects will be corrected, or that this OLS or the server that makes it available are free of viruses or other harmful components. Chevron does not make any representations or warranties regarding the use or the results of the use of the OLS 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.

Chevron has no obligation to monitor your access to or use of the OLS 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 OLS 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 OLS 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.

15. Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Chevron be liable for any compensatory, punitive, indirect, special or consequential damages that result from the use of, or the inability to use, the OLS or the Services, even if Chevron or a Chevron 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 Chevron'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 Chevron, if any, for using this OLS and the Services.

16. Indemnity

You agree to indemnify, defend and hold Chevron, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities in connection with this OLS and/or the Services.

17. Disclosure; Product Statements

This OLS contains information on products and services of Chevron and its related entities. While Chevron tries to ensure that all information on this OLS is accurate and current at the time of posting, all information on Chevron's products and
services on this OLS should not be relied on as definitive, final, current or complete, and 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 OLS.

18. General

These Terms of Use shall be governed by and construed in accordance with the laws of the Philippines, without giving effect to any principles of conflicts of law. By accessing and/or using this OLS or the Services, you submit to the non-exclusive jurisdiction of the courts in Makati City, to the exclusion of other courts. 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.