ExxonMobil Asia Pacific Private Limited and its affiliated companies ("Esso" or "we", "us", or "our") are pleased to give you access to the Esso application along with related or linked websites, applications, services, interfaces, tools, software, and other functionality provided on or through the Esso application (collectively the "Esso app") subject to your agreement to comply with these Terms and Conditions (Accessible in Esso app → My Smiles → Settings → Terms and Conditions) and our Privacy Statement (Accessible in Esso app → My Smiles → Settings → Privacy Statement) (collectively the "Agreement"). Please read these Terms and Conditions carefully before using the Esso app. By accessing or using the Esso app on any computer, mobile phone, tablet, console or other device (together "Devices" and each a "Device"), you confirm that you have read, understood and agreed to be bound by these Terms and Conditions and any other applicable law.
If you do not agree to these Terms and Conditions, please do not access or use the Esso app or any functionality thereof.

Note 1: The Esso app may only be used by a person who is 18 years old or over. If you are under 18 years old please do not use this app or send us any personal data (e.g.: your name, age, address or email address).

1. Esso may change this Agreement

Esso reserves the right, at its sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without any further notice to you. If we do this, we will post the updated version of this Agreement in the Esso app (Esso app → My Smiles → Settings → Terms and Conditions and Esso app → My Smiles → Settings → Privacy Statement). It is your responsibility to regularly check for changes to this Agreement and to review such changes. Any new features or updated content or applications that we make available as a part of the Esso app will be subject to this Agreement.

Your use of the Esso app after any such changes constitutes your acceptance of the new Agreement. In some cases you may be asked to agree to revised terms when accessing the Esso app and if you do not agree to the revised terms you will not be allowed to use the Esso app.

2. Agreement effective until terminated

You may terminate this Agreement at any time by uninstalling the Esso app. Your rights under this Agreement will terminate automatically without notice from Esso, if you fail to comply with any of the terms, conditions, or guidelines of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Esso app.
You understand and agree that some of your User Content may continue to appear on or through the Esso app or may persist in backup copies for a reasonable period of time even after your account and/or access to the Esso app is terminated.
Esso will close or deactivate inactive customer accounts and close accounts that are used in violation of these Terms and Conditions or the Privacy Statement.

3. Changes to the Esso app

The Esso app is currently made available to you free of charge only for personal, non-commercial, non-exclusive use. Esso reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of the Esso app without compensation to you, including, but not limited to (i) restricting the time all or any part of the Esso app is available, (ii) restricting the amount of permitted use of all or any part of the Esso app, and (iii) restricting or terminating any user's right to use all or any part of the Esso app; or (b) offer opportunities to some or all users of all or any part of the Esso app. You agree that neither Esso nor any of our affiliates shall be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Esso app, in whole or in part, or of any service, content, or feature offered through the Esso app.

4. Ownership of the Esso app

The Esso app (including, without limitation, any material, software, code, files, content, and images contained in or generated by the Esso app, accompanying data, and other embedded software, including third-party software, Esso app updates and upgrades, (collectively "Esso Content")), — whether in read-only memory, on any other media, or in any other form — are owned by Esso or its licensors and are protected by applicable law. No title or any intellectual property rights are transferred to you.
In addition, ESSO, EXXON, EXXONMOBIL, MOBIL, Synergy Fuel Technology, Esso Smiles Driver Rewards and certain other brands and trademarks, ("Esso Marks") are marks of Esso or one of its affiliates. Third party marks displayed on the Esso app are owned by their respective owners.
Esso Content is protected by copyright. No Esso Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, or distributed except as expressly permitted by this Agreement. Use of Esso Content in any way or for any purpose other than as permitted in this Agreement is a violation of Esso's or an affiliate's copyrights or other proprietary rights. Permission in writing for all other uses of Esso Content must be obtained from Esso in advance. All content, graphics, and other intellectual property rights, in each case, whether registered or unregistered, other than the marks of third parties, and related goodwill are the property of Esso.
You understand that you have no rights to the Esso app, Esso Content, Esso Marks, or any other Esso property except as indicated in this Agreement. Esso reserves all other rights with respect to its intellectual property.

5. Limited right to use the Esso app

Solely to enable your use of the Esso app for non-profit making, non-exclusive purposes, subject to third-party terms (as described below) Esso hereby grants you a limited, revocable, non-sub-licensable licence to use the Esso app as provided in this Agreement. This licence entitles you to install the Esso app on your Device and to use the Esso app subject to this Agreement. Further, this Agreement does not grant you any rights to use Esso's proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Esso app. Any use of the Esso app in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Esso app or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the Esso app is prohibited.

6. Esso may collect information about you when you use the Esso app

While using the Esso app, Esso may record information including, but not limited to, your geographic location, Device address, type of Device, your Device's unique ID, the IP address session start and stop times, network status and information about the way you use the Esso app ("Device Information"). Your use of the Esso app constitutes your consent to allow Esso to process and record your Device Information.

7. Esso app rules

1. User accounts:

   In order to use certain features of the Esso app, you must register by providing Esso with certain User Content, as requested by Esso, including your name, email address, and a password. Esso reserves the right to refuse registration or cancel a user name or an account, in its sole discretion. You agree as follows:

   1. I am aged 18 years or over.
   2. I will create only one account for my own use.
   3. I will provide accurate, truthful, current, and complete information when creating my account.
   4. I will not create an account for anyone other than myself without permission.
   5. I will maintain and promptly update my account information when any of my account information changes.
   6. I will maintain the security of my account by not sharing my account information with any other person and by using the available mobile device security features.
   7. I will protect the confidentiality of my password.
   8. I will not share my password or let anyone else access my account.
   9. I will not use another person's account without permission.
   10. I will not solicit account information from other users or access another user's account.
   11. I will not sell, or transfer my account to any other person, and any such purported transfer shall be null and void.
   12. I will take responsibility for all activities that occur on my account and for all User Content (defined below) (including, for example, photos, text, information, ratings, reviews, and links) posted using my account.
   13. I will immediately notify Esso of any unauthorized use of my account of which I become aware.
   14. I understand that although Esso will not be liable for any losses causes by any unauthorized use of my account, I may be liable for the losses of Esso or others due to the unauthorized access and use of my account.
   15. I understand that Esso may disable, suspend, or terminate my use of the Esso app at any time in its sole discretion and without any notice to me.
   16. I understand that any violation of this Agreement may result in the termination of my use of the Esso app.
2. Safe use of the Esso app

   You agree as follows:

   1. I agree not to post or submit any content or link to a website which is illegal, fraudulent, deceptive, misleading, libellous, infringing, harassing, hateful, threatening, abusive, pornographic, and offensive in a sexual, racial, cultural or ethnic consent or is otherwise objectionable.
   2. I will not harass, bully, abuse, threaten, or intimidate any other Esso app users.
   3. I will not use the Esso app to harm minors in any way or to encourage interactions with minors of a sexual nature.
   4. I will not use the Esso app to send unauthorized or unwanted communications to any other person (i.e. I will not "spam" other people).
   5. I will only use the Esso app inside my vehicle parked at the pump or within the shop building, and will not use my phone whilst dispensing fuel or walking on the forecourt, which could cause distraction.
   6. I will not participate in any action that, in Esso's sole opinion, results or may result in any authorized user of the Esso app being scammed or defrauded in any way in connection with such user's use of the Esso app.
   7. I will not use the Esso app to transmit viruses, worms, bots, Trojans, or other malicious code.
   8. I will not do anything that could overburden, disable, or impair the appearance, functionality, or proper working of the Esso app or any software, hardware, equipment, or materials used in connection with the Esso app.
   9. I will not use or exploit any errors in design, features that have not been documented, or "bugs" to gain access in any way that is not generally known and intentionally made available by Esso, and I will promptly report to Esso my discovery of any such errors, features, or bugs.
   10. I will not hack or spoof the Esso app, or modify any other software or website to imply falsely that the other software or website is associated with Esso or the Esso app.
   11. I will not collect user account information or User Content (as defined below), or otherwise access the Esso app through an automated means (i.e., through bots, robots, spiders, scrapers, etc.).
   12. I will not collect or store personal information about any other individual using the Esso app, or otherwise stalk, repeatedly contact, or harass other Esso app users.
   13. I will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Esso.
   14. I will not manipulate the Esso app so as to hide my identity or my use of the Esso app.
   15. I will not violate any laws in my use of the Esso app, and I will not use the Esso app to do anything unlawful, misleading, discriminatory, or malicious.
   16. I will not encourage or facilitate any violations of this Agreement.

   We reserve the right in our sole discretion to refuse, delete, suspend, or terminate—without notice—your access to or use of the Esso app upon a violation or attempted violation of this Agreement, including, without limitation, any of the rules listed above. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement if such use of another company's service could reasonably be expected to adversely affect the Esso app in any manner.

3. Posting user content

   The Esso app may allow you to enter, post, submit, or link to certain content (including, for example, text, data, software, photographs, images, graphics, files, videos, audio, sound, music, messages, materials, works of authorship, etc.) and provide certain comments, ratings, and reviews for others to see (collectively "User Content"). Esso does not claim any ownership rights in any User Content that you enter, post, submit, provide, or link to on or through the Esso app. By entering, posting, submitting, providing, or linking to User Content on or through the Esso app, however, you grant Esso and Esso hereby accepts a worldwide, perpetual, irrevocable, non-exclusive, transferrable, sub-licensable, fully-paid up, and royalty free license to use, sell, reproduce, create derivative works from, combine with other works, alter, modify, delete from, add to, translate, distribute copies, display, perform, and publish the User Content and your name in connection with such use of your User Content in any and all media and in any manner, in whole or in part, without any restriction or responsibilities to you. In addition, by entering, posting, submitting, providing, or linking to User Content, you hereby release Esso from any claims that such use, as authorized above, violates any rights which you may have under applicable law, and you understand that you will not be entitled to any compensation for any use of your User Content. Further, by entering, posting, submitting, providing, or linking to User Content, you hereby represent, warrant, and agree as follows:

   1. I own and control all of the rights to the User Content or otherwise have (a) the legal rights to enter, post, submit, provide, or link to the User Content using the Esso app and (b) the right to grant Esso the license specified in this Agreement.
   2. The User Content that I enter, post, submit, provide, or link to does not, and will not, result in a breach of contract between me and any other person.
   3. I will pay all royalties, fees, and any other monies owing to any person due to any of the User Content that I enter, post, submit, provide, or link to using the Esso app.
   4. None of the User Content is subject to confidentiality obligations.
   5. The User Content that I enter, post, submit, provide, or link to does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person.
   6. The User Content is truthful, accurate, not misleading, and offered in good faith.
   7. I am solely responsible for all of the User Content that I enter, post, submit, provide, link to, or otherwise make available in any way by or through the Esso app.
   8. I will not post another person's sensitive identification documents, financial information, or other personal data without that person's permission.
   9. I will not enter, post, submit, provide, or link to User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual, or any other grounds, is harmful, vulgar, or distasteful, or is defamatory, libellous, or invades another person's privacy.
   10. I will not use Esso's intellectual property (including, for example, ESSO, EXXON, EXXONMOBIL and MOBIL) without Esso's permission in writing.
   11. I understand that Esso can, in its sole discretion, monitor User Content that I and other users enter, post, submit, provide, or link to using the Esso app.
   12. I understand that Esso can, without notice and in its sole discretion, remove any User Content that we believe is obscene, offensive, libellous, defamatory, or violates the law or any of the terms and conditions of this Agreement.
   13. I understand that Esso reserves the right to force forfeiture the username of any account that becomes inactive or any username that violates the trademark or other intellectual property rights of any other person.
   14. I understand that Esso can suspend or terminate my use of the Esso app if I fail to follow the rules in this Agreement.
4. Mobile device data services

   The Esso app requires use of the internet through a mobile signal or wireless internet connection to operate correctly, thus the availability of the Esso app may be affected by factors beyond Esso's control. Esso does not accept responsibility for unavailability of the Esso app. Further, the terms of your agreement with your respective mobile network provider apply when using the Esso app. You may be charged by your mobile provider for access to network connection services for the duration of the connection while accessing the Esso app. All such charges are your responsibility.

8. External websites and applications

The Esso app may include link(s) to external websites or applications. When you follow such link(s) the external website or application may appear as a full screen (in which case you may need to use the Device button to return to the Esso app) or in some cases it may appear within the frame of the Esso app (in which case you should be able to return to the Esso app by using the navigation buttons within the Esso app). These links are provided in order to help you find relevant websites, applications, services and/or products which may be of interest to you. It is your responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for your purposes. Esso is not responsible for the content of such third party applications or websites, the owners or operators of these applications or websites or for any goods or services they supply and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website or application to which the Esso app includes a link infringes the intellectual property rights of any third party). By visiting or using these third party applications you agree to the respective terms thereof including but not limited, to Google Maps terms of service and the Google privacy policy.

9. Terms Specific to Google-Embedded applications or Apple-Embedded applications

Terms Specific to Google-Embedded applications

In addition to the other provisions of this Agreement, the following terms and conditions apply to software applications made available by Esso that are intended to be operated in connection with products made commercially available by Google LLC ("Google") via the Google Play Store (each, an "Google-Enabled application"):

1. You and Esso acknowledge that this Agreement is concluded between. You and Esso, and not with Google, and Esso, not Google, is solely responsible for the Google-Enabled application and the content thereof.
2. You may not use the Google-Enabled application in any manner that violates any of Google's Terms of Service that may be applicable in the jurisdiction in which the Licensed application was obtained; Google's Terms of Service can be found here.
3. You acknowledge that you have had an opportunity to review the "Terms of Service" and any other terms and conditions set forth for Licensed applications in the Google Play Store terms and conditions and any other Google terms and conditions that may be applicable in the jurisdiction in which the Licensed application was obtained.

Terms Specific to Apple-Embedded applications

In addition to the other provisions of this Agreement, the following terms and conditions apply to software applications made available by Esso that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple") (each, an "Apple-Enabled application"):

1. You and Esso acknowledge that this Agreement is concluded between. You and Esso, and not with Apple, and Esso, not Apple, is solely responsible for the Apple-Enabled application and the content thereof.
2. You may not use the Apple-Enabled application in any manner that violates any of Apple's terms and conditions that may be applicable in the jurisdiction in which the app was obtained; Apple's terms and conditions can be found here.
3. You acknowledge that you have had an opportunity to review the "Usage Rules" and any other terms and conditions set forth for Licensed applications in the iTunes Store Terms and Conditions, the iTunes Store, Mac App Store, App Store, and iBookstore Terms of Sale, the Mac App Store, App Store and iBookstore Terms and Conditions, the Privacy Policy, the Game Center Terms and Conditions, and any other Apple terms and conditions that may be applicable in the jurisdiction in which the app was obtained; Apple's terms and conditions can be found here.
4. The license granted to you for the Apple-Enabled application is limited to a non-transferable license to use the Apple-Enabled application on any iPhone, iPad, or iPod touch that you own or control as permitted by the Usage Rules set forth in the iTunes Store Terms and Conditions.
5. You and Esso acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Enabled application.
6. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Esso's sole responsibility, to the extent such warranty or responsibility cannot be disclaimed under applicable law.
7. You and Esso acknowledge that Esso, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled application or your possession and/or use of that the Apple-Enabled application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
8. You and Esso acknowledge that, in the event of any third party claim that the Apple-Enabled application or the end-user's possession and use of that Apple-Enabled application infringes that third party's intellectual property rights, Esso, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
9. You represent and warrant that (i) you are not located in a country that is subject to a government embargo in the jurisdiction in which the Licensed application was obtained, or that has been designated as a "terrorist supporting" country; and (ii) you are not listed on any government list of prohibited or restricted parties.
10. You and Esso acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled application, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled application as a third party beneficiary thereof.

10. Miscellaneous

1. Special offers, news and information from Esso

   From time to time, we may send you via app notifications information on special offers and news relating to Esso generally, unless you opt-out of receiving such communication when you register to use the Esso app or through the account settings within the Esso app.

2. Liability and warranty disclaimer

   You expressly acknowledge that use of the Esso app and any loss of data or damage to your Device is at your sole risk.
   Esso hereby disclaims all warranties and conditions, express or implied, with respect to the Esso app and your downloading and use of the Esso app. Esso does not warrant against interference with your enjoyment of the Esso app, that the operation of the Esso app will be uninterrupted, or error-free, or that any defects in it will be corrected.
   Esso does not endorse or recommend any person, organization, name, product or service concerning or supplied by any third party and referred to in all information stored on or receivable through the Esso app ("Information"), nor does the Information constitute Esso's views or opinions. Esso will not be a party to any transaction between you and any third party in any way relating to the Information or made through the Esso app unless and only to the extent expressly stated in writing otherwise.
   To the extent not prohibited by law, in no event shall Esso be liable for personal injury, loss of profits, loss of data, loss of business, business interruption, procurement of substitute goods or substitute services, or any other commercial damages or losses, or any incidental, special, indirect, consequential, or punitive damages whatsoever, arising out of or related to your use or inability to use the Esso app, however caused.
   Save in respect of claims for fraudulent misrepresentation and death or personal injury caused by the negligence of Esso or an affiliate or their respective employees or contractors, in no event shall Esso's total liability to you for all damages (other than as may be required by applicable law) exceed one hundred Singapore dollars (SG$100).

3. Indemnification

   You understand that you are personally responsible for your use of the Esso app and for all User Content provided using your account. Accordingly, you agree to indemnify, defend, and hold Esso and its affiliates and their officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that Esso may incur in connection with a third-party claim, or otherwise, in relation to your use of the Esso app, your User Content or your violation of either this agreement or the rights of any third party.

4. Limitations on use of the Esso app

   We reserve the right not to accept any use of the Esso app or otherwise limit use of the Esso app if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.

5. Data privacy policy

   Any information that Esso may collect from you during your use of the Esso app is subject to our Privacy Statement, which is a part of this Agreement. We encourage you to read and understand our Privacy Statement, which will be updated from time to time and made available in the Esso app.

6. Security policy

   Esso uses commercially reasonable security measures to protect your User Content and your account information and has security measures in place to help protect against the unauthorized access of personally identifiable information under our control. We utilize both online and offline security methods, including firewalls, passwords, and restricted physical access to the places where your information is stored to help protect personally identifiable information.

7. Disputes and governing Law

   This Agreement is governed by and is to be interpreted in accordance with the laws of the Republic of Singapore and in the event of any dispute arising out of or in connection with this Agreement or any dispute arising in relation to the Esso app, the courts of Singapore will have exclusive jurisdiction over such dispute.

8. Miscellaneous

   This Agreement is the entire agreement between you and Esso. It supersedes and replaces any and all prior agreements between you and Esso relating to your use of the Esso app. The failure of Esso to exercise or enforce any right of this Agreement shall not operate as a waiver of such right. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or unenforceable by a court, that provision is deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions. We can change this Agreement at any time, and your continued use of the Esso app after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Esso app or through email communication to the registered account holder.

9. How to contact us

   If you have any questions or concerns about the Esso app you may contact us at:

   Tel: 1800 300 8888

   (Operating hours: 9am to 6pm, Mondays to Fridays, closed on weekends and public holidays)

   Email: sg.contactus@essosmilesrewards.com