1. The Esso Smiles Driver Rewards™ ("Programme") is proprietary to ExxonMobil Asia Pacific Pte. Ltd. ("ExxonMobil") where acceptance of any person(s) to the Programme shall be subject to the approval of ExxonMobil and once accepted by ExxonMobil, participation by any such person ("Cardmember") in the Programme shall be subject to the following terms and conditions which may be amended from time to time by ExxonMobil without prior notice to Cardmember. The Programme is open only to Singapore residents and shall only be valid within Singapore ("Territory") at Esso branded service stations ("Service Stations") situated within such Territory.
2. The Programme and any terms and conditions, as amended from time to time, shall be governed by the laws of the Territory and both Cardmember and ExxonMobil agree to submit to the exclusive jurisdiction of the courts of the Territory.
3. Any person desiring to become a Cardmember must complete and submit an application in the form prescribed by ExxonMobil and shall be issued with a Esso Smiles card ("the Card"), without charge, the use of which shall at all times be subject to the Programme's terms and conditions, as amended from time to time. Applicants for the Card must be aged 18 years or over.
4. The Card is not a credit card or charge card and is non-transferable. The use of the Card is solely restricted to the person to whom the Card is issued and for use with the Programme only. The Card cannot be used for making purchases at the Service Stations or the convenience stores located therein and all such purchases are to be made separately by cash or credit cards at the cashier of the Service Stations.
5. The Cardmember warrants and represents that the details and particulars contained in the application form referred to in Clause 3 above shall be true. Upon receipt of the Card, the Cardmember may commence using the Card for qualifying purchases for the purposes of accumulating points under the Programme, subject to the Programme's terms and conditions, as amended from time to time.
6. The Cardmember must notify ExxonMobil promptly in writing of any changes to his/her details and/or particulars submitted to ExxonMobil or stated in his/her application form. ExxonMobil shall not be liable for any claims, demands, liabilities or actions arising out of or in connection with the Programme or the use of the Card where such claims, demands, liabilities or actions would not have arisen but for the Cardmember's failure to notify ExxonMobil of such changes.
7. The Card shall at all times remain the property of ExxonMobil and must be surrendered to ExxonMobil immediately upon request. ExxonMobil may, at its absolute discretion, terminate the membership or Programme or the use of the Card at any time without notice or reason.
8. Lost, damaged or defective Cards must be reported immediately to the Esso Smiles Customer Service Centre at 1800-300-8888. If a Card is lost, ExxonMobil may at its absolute discretion issue a replacement Card at a fee and any delivery charges incurred shall be charged to the Cardmember. Where a Card is damaged or is defective, a replacement Card will be issued, at ExxonMobil's absolute discretion, to the Cardmember. Upon notification of loss, damage or defect, any points resident in the lost, damaged or defective Card may, at ExxonMobil's absolute discretion, be credited to the replacement Card. ExxonMobil shall not be held liable for the loss of any points due to Card loss, damage or defect. Any fees and/or charges payable by the Cardmember in accordance with this Clause or with any other provisions herein may, at ExxonMobil's absolute discretion, be paid by way of deduction of such points as are representative of the said fees and/or charges, as determined by ExxonMobil from time to time, from the points accumulated by the Cardmember.
9. A Cardmember may at any time terminate his/her membership by informing the Esso Smiles Customer Service Centre. In such an event, ExxonMobil shall not be responsible or liable for any unredeemed points, which shall be automatically forfeited upon such termination by Cardmember without notice to the Cardmember.
10. Use of the Card by the Cardmember shall constitute acceptance of the Programme's terms and conditions, as amended from time to time.
11. Every member is entitled to one Card only.

Accumulation of Esso Smiles points

12. Points shall be awarded to a Cardmember having possession of a valid Card and presenting it to the cashier of the participating Service Stations for the purchases of such items as ExxonMobil shall designate from time to time in its absolute discretion ("Qualifying Purchases"). The Card must be presented to the cashier before making the purchase, failing which, points will not be credited. Any purchase other than a Qualifying Purchase shall not be considered as Qualifying Purchases and shall not be awarded any points, unless otherwise notified by ExxonMobil.
13. ExxonMobil may issue Bonus Esso Smiles points from time to time to Cardmembers based on certain pre-determined purchase criteria. Bonus Esso Smiles points shall be credited automatically into the qualifying Cards in the following calendar month.
14. ExxonMobil reserves the right to determine, vary or change from time to time the type or quantum of Qualifying Purchases and the corresponding number of points or Bonus Esso Smiles points to be awarded without prior notice or assigning any reasons whatsoever. ExxonMobil also reserves the right to impose restrictions, from time to time, in respect of the frequency and/or quantum, on the use of the Card and/or the number of points that can be accumulated on such Card in a single calendar day, week or month or such periods as ExxonMobil deems fit, notwithstanding the type or quantum of the Qualifying Purchases made.
15. In the case where valid Qualifying Purchases were made but were not recorded, Cardmembers shall be required to provide proof of purchase including receipts for crediting points for such valid Qualifying Purchases. ExxonMobil reserves the right to accept or reject such proofs at its absolute discretion.
16. Once the Card is credited with the points corresponding to the Qualifying Purchases, a transaction receipt prepared by the cashier at the Service Station shall be issued to the Cardmember. Such transaction receipt shall serve as conclusive proof of the Qualifying Purchases made and the points accumulated thereon. The receipt shall contain details of the Qualifying Purchases and Cardmember's points account and summary. No monthly statement shall be sent to the Cardmember.
17. The points awarded and credited to the Card cannot be transferred, assigned to another Card or any other card issued by or on behalf of ExxonMobil or combined or aggregated with the points of such Card or card or otherwise dealt with except in accordance with the Programme's terms and conditions, as amended from time to time. Points have no cash or monetary value.
18. Points accumulated in the Card shall expire in the event the Cardmember does not make any Qualifying Purchase or earn any points within 12 months from the date the last points were awarded. In such event, the Card shall be cancelled and accumulated points shall be automatically forfeited at the absolute discretion of ExxonMobil and without notice to the Cardmember.
19. Transfer of Esso Smiles points across card categories (Personal, Taxi, Private Hire and Bus) is not allowed.

Redemption

20. A Cardmember who has accumulated sufficient points in his/her Card and is eligible, subject to meeting any conditions that ExxonMobil may impose, may redeem the same for such items ("Rewards") as ExxonMobil may designate from time to time at its absolute discretion, which Rewards shall be listed in the then current Rewards Guide and shall be subject to the terms and conditions therein.
21. The Cardmember may also redeem such Rewards specified in the then current Rewards Guide by order and delivery to the Cardmember's address within the Territory as listed in ExxonMobil's records by completing a redemption form set out in the Rewards Guide. All deliveries shall only be made to an address within the Territory and shall be deemed delivered when sent by post or registered mail or courier to such address, as ExxonMobil deems fit. ExxonMobil will endeavor to deliver the redeemed Rewards voucher to the Cardmember within 3 weeks upon receiving the redemption form from the Cardmember. All Rewards delivered do not include installation cost, batteries etc and is on an as-is basis.
22. The Cardmember may refer to the Rewards Guide or Rewards Updates for items available for redemption, which shall be for the purpose of information only and shall not be construed as constituting any representation or warranty as to their availability. Further, ExxonMobil makes no representation or warranty with respect to any products and/or services featured in the Rewards Guide. Without prejudice to the generality of the foregoing, ExxonMobil makes no warranty with respect to the quality of the Rewards or their suitability for any purpose. Where the Rewards are covered under any manufacturers' warranty, any disputes or claims shall be forwarded directly to the manufacturers concerned.
23. ExxonMobil does not accept any liability whatsoever with respect to Rewards supplied or in connection with any refusal by supplier of Rewards to accept certificates/vouchers issued for the purpose of redeeming such Rewards. Any dispute arising from or in connection with such certificates/vouchers shall be solely between the Cardmember and such suppliers.
24. Issuance of Rewards in the form of dining or hotel/resort vouchers does not constitute a reservation with the service establishment. The Cardmember is responsible for making all reservations and notifying the participating service establishment of the said vouchers that they intend to use.
25. Rewards in the form of certificates/vouchers are valid for use subject to the expiry date specified on the said certificates/vouchers. All unused certificates/vouchers shall after the expiry date be deemed null and void and shall not be replaced by ExxonMobil. The use of the certificates/vouchers are subject to the terms and conditions contained therein and are valid for use only at such participating establishments as are stated thereon.
26. Certificates/vouchers of specified value cannot be exchanged for cash, whether in whole or in part. Where the value of goods and/or services which the Cardmember wishes to redeem with such certificates/vouchers exceeds the specified value of such certificates/vouchers, the Cardmember shall pay the difference to the participating establishment concerned.
27. Upon redemption of Rewards, the Cardmember's points recorded in his/her account will be debited by the corresponding number of points in accordance with the then current Rewards Guide where the points accumulated earliest shall be debited first.
28. All applications for redemption of Rewards shall be made to ExxonMobil on or before the relevant points' expiry date. Any accumulated points, which are not redeemed by the corresponding expiry date shall automatically expire from the Cardmember's account.¹
29. ExxonMobil reserves the right at its absolute discretion, to convert any accumulated points which are not redeemed, to fuel voucher/s as listed in the then current Rewards Guide subject to the terms and conditions therein.²
30. All Rewards are subject to availability and ExxonMobil has the right to substitute the requested Rewards with other items of similar value in the event the requested Reward is out of stock or unavailable for whatever reason.
31. Rewards in the Rewards Guide and Rewards Updates are subject to availability and on a first-come-first-served basis. For Rewards that are to be redeemed from supplier of Rewards as shall be appointed by ExxonMobil from time to time, the Cardmember shall present his/her Card for Rewards redemption and shall comply with any terms and conditions imposed by such supplier. Rewards, once redeemed, cannot be revoked, exchanged, returned, refunded or used in conjunction with other promotional coupons or promotions. In any and all circumstances, any deduction of points from the Cardmember's account shall not be reversed.
32. The Cardmember shall be responsible for the examination of any Rewards immediately upon receipt for any defects or damage, whether in its packaging or otherwise, and to verify the contents of the Rewards. Where the Rewards or its packaging are found to be damaged or defective or that the contents therein are incomplete, the Rewards should be returned, on the spot, to the cashier at the Service Stations or the supplier or the person delivering the Rewards on behalf of the supplier for its return to the supplier. Where it is not possible to check the Rewards immediately, any complaint of fault and/or damage must be lodged within seven days of receiving the Rewards at the same place where the Rewards were received.
33. ExxonMobil reserves the right to reject any request for the replacement of faulty or damaged Rewards should the Cardmember fail to comply with Clause 32 above.
34. Notwithstanding any provision to the contrary, ExxonMobil reserves the right not to provide any replacement Rewards if in ExxonMobil's sole opinion the Reward is found to be damaged or rendered faulty due to the negligence or deliberate acts of the Cardmember.
35. To the furthest extent permitted by law, ExxonMobil or its agents or representatives shall not be held liable for any death or injury or loss or damage of any nature (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) howsoever arising from the redemption, supply or use of the Rewards or from the loss, theft or destruction of the Rewards. All such claims shall be directed or forwarded to the suppliers, manufacturers and such appropriate parties concerned with the supply of the Rewards.
36. Notwithstanding any other provisions and without prejudice to any other rights and remedies stated herein, ExxonMobil reserves the right to deduct accumulated points from the Cardmember's account or refuse the redemption of any Rewards or to recall such redeemed Rewards under the following circumstances:
    1. points are suspected to be fraudulently recorded or obtained;
    2. any points erroneously awarded due to system glitches or any other reasons;
    3. any points derived from any transaction, which has been cancelled, voided, refunded or reversed; and
    4. any points derived from the purchase of inventory and stocks by a Cardmember who is appointed to operate, manage or work at a Service Station.
37. ExxonMobil has the right to determine and change from time to time:
    1. the Rewards offered in the Programme as listed in the Rewards Guide or in any other documents; and
    2. the qualifying points required for redemption of Rewards, without prior notice and assigning any reasons whatsoever.

¹Notwithstanding that the Esso Smiles points will not expire so long as member make any Qualifying Purchase or earn any points on their Esso Smiles card within 12 months from the last points awarded date. Refer to Clause 18.
²Refer to Clause 58 on Programme Termination.

Cardmember discount

38. ExxonMobil may from time to time, at its absolute discretion, extend a Cardmember discount for petrol and/or diesel purchase to a Cardmember having possession of a valid Card and presenting it to the cashier of the participating Service Stations. The Card must be presented to the cashier before making the purchase, failing which, no discount will be awarded.
39. ExxonMobil has the right to determine, vary or change, or remove from time to time, the type or quantum of Qualifying Purchases and the Cardmember discount without prior notice and assigning any reasons whatsoever. ExxonMobil also reserves the right to impose restrictions, from time to time, in respect of the frequency and/or quantum, on the use of the Card and/or the maximum amount eligible for discounts that can be accumulated on such Card in a single calendar day, week or month or such periods as ExxonMobil deems fit, notwithstanding the type or quantum of the Qualifying Purchases made.

General variation

40. The Cardmember agrees that ExxonMobil may from time to time, without giving prior notice to the Cardmember vary, add or amend the terms and conditions herein set out. In the event the Cardmember is not agreeable to such variation, addition and/or amendments, the Cardmember shall terminate his/her membership by informing the Esso Smiles Customer Service Centre within seven working days from the date of such variation, addition or amendment, failing which the Cardmember shall be deemed to have accepted the variation, addition and/or amendments of the terms and conditions herein.

Participating companies

41. ExxonMobil reserves the right to, at its absolute discretion, invite or allow any other companies to participate in the Programme and in such event to modify the Programme and any of the terms and conditions provided herein or other agreements or documents relating to the Programme, including the terms and conditions for redemption of Rewards.

Disclosure of information

42. ExxonMobil may collect, use and disclose the Cardmember's personal data in the manner and for the purposes set out in the prevailing General Notification on Personal Data Collection, Use & Disclosure for Esso Smiles Members, and the prevailing Specific Notification on Personal Data Collection, Use & Disclosure for Conversion Services (if the Cardmember also signs up for any conversion services under the Programme), both of which shall be deemed incorporated into these terms and conditions.
43. If the Cardmember signs up for any other specific services related to the Programme, ExxonMobil may collect, use and disclose the Cardmember's personal data in the manner and for the purposes set out in any other specific notification issued in connection with such services, and such notification shall be deemed incorporated into these terms and conditions upon its issuance.
44. The notifications mentioned in (45) and (46) above will be available on www.essosmiles.com.sg.
45. The Cardmember's participation in this Programme is conditional upon his/her acceptance of ExxonMobil's collection, use and disclosure of his/her personal data in accordance with this Clause. By submitting an application for enrollment in the Programme and/or using the Card, the Cardmember shall consent, and shall be deemed to have consented, to ExxonMobil's collection, use and disclosure of his/her personal data in accordance with this Clause.

Security of card

46. The Cardmember shall take all necessary precautions and security measures to ensure the proper and valid use of the Card and to prevent the loss and damage of the Card.

Exclusion of liability

47. The Cardmember assumes all risk and liability for loss, damage, or injury to the person or property of the Cardmember or others arising out of the Cardmember's participation in the Programme and/or use or possession of the Card. To the furthest extent permitted by law, ExxonMobil shall not be liable for any loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) including but not limited to personal injury, death or loss of or damage to property suffered by the Cardmember arising out of and in connection with the Cardmember's participation in the Programme and/or use or possession of the Card unless such loss or damage is caused directly by any wilful misconduct of ExxonMobil.
48. ExxonMobil shall not be liable for any loss of accumulated points or loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) suffered as a result of any defect or error in any machines or inability to retrieve any information or data from the computer system.
49. ExxonMobil shall not be liable for any loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) caused to the Cardmember arising from any act or omission of the operator of any Service Station and/or ExxonMobil's appointed agents and contractors or suppliers including without limitation, any refusal to honour or accept the Card or any statement or other communication made in connection herewith or any defective or deficient goods or services supplied. Any dispute or claim the Cardmember may have with or against the operator of a Service Station and/or ExxonMobil's appointed agents and contractors or suppliers shall not affect the obligations of the Cardmember under these terms and conditions, as amended from time to time.
50. All representations and warranties, whether express or implied and whether arising under any legislation or otherwise, as to the condition, suitability, quality, fitness or safety of any goods and/or services supplied in relation to the Card are expressly excluded to the furthest extent permitted by law.
51. Without prejudice to any other terms and conditions set out herein, any liability ExxonMobil may have to Cardmembers arising out of the use of the Card or the redemption of Rewards which cannot be excluded or which is not already provided herein is hereby limited, where permitted, to the reinstatement of such points or cost of such Rewards as ExxonMobil shall at its absolute discretion determine.
52. ExxonMobil shall not be liable howsoever for any errors, delays, loss or damage, which may be directly or indirectly due to breakdown, failure of machinery or the processor; or industry dispute, war, acts of God, system failure and anything outside the reasonable control of ExxonMobil.
53. ExxonMobil shall not be liable for any loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) suffered by the Cardmember due to the following reasons:
    1. any delay or failure in replacing the Card;
    2. any loss, theft or damage to any Rewards in the course of delivery or post;
    3. any failure by the Rewards supplier to abide by the terms and conditions on which it has agreed to provide the Rewards;
    4. any statement, communication or implication arising from any revocation, suspension or restriction of the use of the Card; and
    5. any failure or omission to notify the Cardmember of any changes in the terms and conditions of the Programme, Rewards Guide, participating companies, Qualifying Purchases and points awarded for Qualifying Purchases.

Dispute

54. Any claims or disputes relating to the Programme or the use of the Card shall be referred directly to ExxonMobil for decision, whose decision shall be final and binding on the Cardmember and ExxonMobil's records of all matters relating to the Programme shall be conclusive and binding on the Cardmember.

Termination

55. ExxonMobil reserves the right to withdraw or terminate the Programme at any time without assigning any reasons therefore. Upon notification of the withdrawal or termination, the Cardmember shall have one month from the date of the notification or such period as ExxonMobil shall state in such notice, to redeem accumulated points for available Rewards. Upon expiry of the aforesaid notice, the points remaining in the Cardmember's account shall be nullified and invalidated and ExxonMobil shall have no obligation or liability in respect of such points, by way of compensation or otherwise, to the Cardmember and the Cardmember shall have no further claim whatsoever against ExxonMobil.

Miscellaneous

56. A notice shall be deemed to be given by ExxonMobil to a Cardmember if it is posted to the latest address of the Cardmember appearing in the Cardmember's records or the application form submitted by the Cardmember or by way of a notice displayed at Service Stations.
57. Notwithstanding anything in these terms and conditions, ExxonMobil's rights and entitlement under the Programme's terms and conditions (as amended from time to time) shall continue to remain in full force and effect and shall survive any cancellation, revocation, termination or suspension of the Programme, the use of the Card or the Cardmember's participation in the Programme.
58. In the event any term or condition of the Programme is found to be invalid or unenforceable, whether by law or regulations or otherwise, such invalid or unenforceable provision shall be severed from the Programme's terms and conditions and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the other terms or provisions of the Programme which shall remain in full force and effect.
59. The terms and conditions herein stated shall be in addition to and not in derogation of any specific agreement or arrangement with regard to the Programme now or hereafter, and from time to time, subsisting between ExxonMobil and the Cardmember or any terms and conditions that may be specified in any written communication notified by ExxonMobil to the Cardmember from time to time.
60. Any abuse or fraud with respect to points under the Programme or redemption of Rewards will result in the cancellation of the Cardmember's participation in the Programme, cancellation of the Card and revocation of points or return of redeemed Rewards (or its reasonable compensation thereto).
61. ExxonMobil shall have the right to freely assign, at any time, to any affiliate or third party, these terms and conditions, the Programme, the ownership of the Cards and/or the Cardmember's account in respect of the Programme and/or any of its rights, obligations or liabilities hereunder, without the consent of the Cardmember.

Cards in the Esso Smiles family

62. The Programme's terms and conditions apply to all other cards affiliated to this Programme, unless otherwise stated.