Only taxi drivers holding a valid LTA Vocational Licence marked with "Type 02" may apply for the Esso Smiles Taxi card ("Card") under the Esso Smiles Taxi Driver Rewards ("Programme") described herein. The 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 (at its absolute discretion) 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 situated within the Territory ("Service Stations").
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.
Each taxi driver may only register for one Card under this Programme and ExxonMobil reserves the right to cancel any duplicate Card registered under the same person or refuse to accept any application for registration without assigning any reason whatsoever.
Any person desiring to become a Cardmember shall complete and submit an application in the form prescribed by ExxonMobil and, upon approval of the application by ExxonMobil, shall be issued with a 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 shall be aged 18 years or over.
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 (i.e. the Cardholder) and to the taxi(s) designated by the Cardholder in the Cardholder's application for the issue of the Card ("Listed Taxi"). The Card cannot be used for making purchases at the Service Stations or the convenience stores located therein and payment for all such purchases are to be made by cash or such other modes of payment which ExxonMobil may allow at its absolute discretion at the cashiers of the Service Stations. For the avoidance of doubt, the Card may only be used for Points accumulation under this Programme if the Qualifying Purchases made at the Service Stations are dispensed directly into the Listed Taxi. "Qualifying Purchases" shall mean such fuels as may be designated by ExxonMobil from time to time at its absolute discretion in respect of which points will be awarded under this Programme ("Points") when such fuels are purchased at the Service Stations.
The Cardmember warrants and represents that the details and particulars contained in the application form referred to in Clause 4 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.
The Cardmember shall 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.
The Card shall at all times remain the property of ExxonMobil and shall 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.
Lost, damaged or defective Cards shall 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 borne by the Cardmember. Where a Card is damaged or is defective, a replacement Card may be issued, at ExxonMobil's absolute discretion, to the Cardmember and any delivery charges incurred shall borne by 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 at its absolute discretion, from the Points accumulated by the Cardmember.
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.
ExxonMobil reserves the right to terminate, suspend or vary any offers, terms, conditions, Programmes, promotions or discount(s) stipulated herein or otherwise without prior notification to the Cardmember and notwithstanding the same, notice given by ExxonMobil at the Service Stations shall be deemed sufficient notice to all Cardmembers.
Use of the Card by the Cardmember shall constitute acceptance of the Programme's terms and conditions, as amended from time to time.
Payment for the Qualifying Purchases shall be made by Cash/NETS/cashcard only. Acceptable modes of payment for the Qualifying Purchases are subject to change from time to time at ExxonMobil's absolute discretion without prior notice.
Accumulation of Esso Smiles points
Points will be awarded to a Cardmember having possession of a valid Card and presenting it to the cashier of the participating Service Stations when making payment for the Qualifying Purchases. The Card must be presented to the cashier before making the payment, failing which, Points will not be credited. Purchase of any item other than a Qualifying Purchase shall not be awarded any Points, unless otherwise notified by ExxonMobil.
ExxonMobil may issue bonus Points from time to time to the Cardmember based on certain pre-determined criteria ("Bonus Points"). Bonus Points (if awarded) will be credited automatically into the Cardmember's account in the calendar month following the calendar month in which the Qualifying Purchases are made.
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 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.
In the case where valid Qualifying Purchases were made but were not recorded for whatever reason other than due to the Cardmember's failure to present his/her Card to the cashier when making payment for the Qualifying Purchases, the Cardmember 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.
Once the Card is credited with the Points corresponding to the Qualifying Purchases, a transaction receipt prepared by the cashier at the Service Station will 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 will be sent to the Cardmember.
The Points awarded and credited to a 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 or points of such other 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.
Points accumulated in the Card shall expire in the event the Cardmember does not make any Qualifying Purchase or earn any Points within twelve (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.
Transfer of Esso Smiles points across card categories (Personal, Taxi, Private Hire and Bus) is not allowed.
Redemption
A Cardmember who has accumulated sufficient Points in his/her Card may, subject to meeting any conditions that ExxonMobil may impose, use the same to redeem for such items as ExxonMobil may designate from time to time at its absolute discretion ("Rewards"). The Rewards will be listed in the then current catalogue for such Rewards ("Rewards Guide") and redemption of the Rewards shall be subject to the terms and conditions therein.
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. Delivery charges may be applicable at ExxonMobil's absolute discretion. 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. All Rewards are provided on an as-is basis, and do not include installation, batteries, etcetera.
The Cardmember may refer to the then current Rewards Guide or supplement to the same ("Rewards Updates") for items which may be available for redemption from time to time. For the avoidance of doubt, the Rewards Guide and Rewards Updates shall be for the purpose of information only and shall not be construed as constituting any representation or warranty as to the availability of any specific Reward featured. 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, express or implied, with respect to the satisfactory quality of the Rewards or their merchantability, fitness or suitability for any particular purpose. Where the Rewards are covered under any manufacturers' warranty, any disputes or claims shall be forwarded directly to the manufacturers concerned.
ExxonMobil does not accept, and expressly disclaims, any liability whatsoever with respect to all and any Rewards supplied or in connection with any refusal by any supplier of the Rewards to accept certificates/vouchers issued for the purpose of redeeming such Rewards. Any dispute arising out of or in connection with the use of such certificates/vouchers shall be solely between the Cardmember and the suppliers concerned.
Issuance of Rewards in the form of dining or hotel/resort vouchers does not constitute a reservation with the service establishments concerned. The Cardmember is responsible for making all reservations and notifying the participating service establishments of the said vouchers that they intend to use.
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 will 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.
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 establishments concerned.
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.
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 their corresponding expiry dates shall automatically expire from the Cardmember's account without further notice to the Cardmember.
ExxonMobil reserves the right, at its absolute discretion, to convert from time to time any accumulated Points which are not redeemed, to fuel voucher/s as may be listed in the then current Rewards Guide subject to the terms and conditions therein.
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.
Rewards featured in the Rewards Guide and Rewards Updates are subject to availability and are redeemable on a first-come-first-served basis. For Rewards that are to be redeemed directly with suppliers which may be appointed by ExxonMobil from time to time ("Instant Rewards Redemption"), the Cardmember shall present his/her Card for the Instant Rewards Redemption and shall comply with any terms and conditions imposed by such suppliers. Rewards, once redeemed, cannot be revoked, exchanged, returned, refunded or used in conjunction with other discount coupons or promotions. In any and all circumstances, any deduction of Points from the Cardmember's account for redemption of Rewards (including Instant Rewards Redemption) shall not be reversed.
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 redeemed. 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 concerned or the person delivering the Rewards on behalf of the supplier for its return to the supplier (as the case may be). Where it is not possible to check the Rewards immediately upon receipt, any complaint of defect and/or damage must be lodged within seven (7) days of receiving the Rewards with the cashier at the Service Station where redemption is made or the supplier concerned (as the case may be).
ExxonMobil reserves the right to reject any request for the replacement of defective or damaged Rewards should the Cardmember fail to comply with Clause 34 above.
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 acts or omissions of the Cardmember.
To the furthest extent permitted by law, ExxonMobil and its directors, officers, employees, agents, contractors and 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 out of or in connection with the redemption, supply or use of the Rewards, or 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.
ExxonMobil reserves the right to deduct accumulated Points from the Cardmember's account, refuse the Cardmember's application for redemption of any Rewards, or recall any redeemed Rewards under the following circumstances:
if any Points in the Cardmember's account are suspected to have been fraudulently recorded or obtained;
if any Points in the Cardmember's account were erroneously awarded due to system glitches or any other reasons;
if any Points in the Cardmember's account were awarded pursuant to a transaction, which has been cancelled, voided, refunded or reversed; and/or
if any Points in the Cardmember's account were awarded pursuant to purchases of inventory and stocks by a Cardmember who is appointed to operate, manage or work at a Service Station.
ExxonMobil has the absolute discretion to determine and change from time to time:
the Rewards which may be redeemed using Points awarded under this Programme, whether featured in the Rewards Guide, Rewards Updates or in any other documents; and
the amount of Points required for redemption of any of the Rewards, without prior notice and assigning any reasons whatsoever.
Cardmember discount
ExxonMobil may, from time to time, extend to the Cardmember discounts ("Discount") for his/her Qualifying Purchases upon presentation by the Cardmember of a valid Card to the cashier of the participating Service Stations. The Card must be presented to the cashier before payment of the Qualifying Purchases, failing which, no discount will be extended.
ExxonMobil has the right to determine, vary or change, or remove from time to time, the type or quantum of Qualifying Purchases eligible for the Discount, and the Discount rate, 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 purchase amount eligible for the Discount 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
The Cardmember hereby agrees that ExxonMobil may, from time to time, without giving prior notice to the Cardmember, vary, add or amend the terms and conditions for the Programme set out herein. In the event the Cardmember fails or neglects to terminate his/her membership hereunder by informing the Esso Smiles Customer Service Centre within seven (7) working days from the date of such variation, addition or amendment, the Cardmember shall be deemed to have accepted the variation, addition and/or amendments of the Programme's terms and conditions.
Participating companies
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
The Cardmember hereby authorises ExxonMobil and its employees, affiliates and agents to collect, hold, make use of, disclose, divulge or reveal any information relating to the Cardmember and the Cardmember's use of the Card in such manner and to such extent as ExxonMobil shall from time to time reasonably deem fit, including disclosing, divulging or revealing such information to the extent required by applicable laws and/or to parties involved in the Programme for research, planning, product development purposes and/or for the direct marketing of promotions related to this Programme or at the Service Stations. Additionally, the Cardmember agrees to allow his/her particulars and data, including data relating to his/her purchases and mode(s) of payments, to be passed to or disclosed between ExxonMobil and its affiliates, Programme contractors, suppliers or business partners for the purposes of maintaining the Cardmember's account and continued participation in the Programme and/or direct marketing of promotions related to this Programme or at the Service Stations.
Security of card
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
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 or in connection with the Cardmember's participation in the Programme and/or use or possession of the Card.
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 hardware or software or inability to retrieve any information or data from any systems used in relation to this Programme (whether for the recording of Points accumulated or otherwise).
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, contractors or suppliers, including, without limitation, any refusal to honour or accept the Card 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, contractors or suppliers shall not affect the obligations of the Cardmember under these terms and conditions, as amended from time to time.
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.
Without prejudice to any other terms and conditions set out herein, any liability ExxonMobil may have to the Cardmembers arising out of or in connection with the use of the Card or the redemption of Rewards which cannot be excluded or which is not already provided for herein is hereby limited, to the furthest extent permitted by law, to the reinstatement of such Points or cost of such Rewards as ExxonMobil shall at its absolute discretion determine.
ExxonMobil shall not be liable howsoever for any errors, delays, defaults, loss or damage, which may be directly or indirectly resulting from causes outside the reasonable control of ExxonMobil, including, but not limited to, technical breakdowns, failures or errors, industry disputes, wars, acts of God or the public enemy, floods, fires, hostilities, labour disturbances, strikes, riots, insurrections, civil commotions, epidemics, and storms.
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 any of following reasons:
any delay or failure in Card replacements;
any loss, theft or damage to any Rewards in the course of delivery or post;
any failure by any supplier of the Rewards to abide by the terms and conditions on which it has agreed to provide the Rewards;
any statement, communication or implication arising from any revocation, suspension or restriction of the use of the Card; and
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
Subject to Clause 37, any claims or disputes arising out of or in connection with 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
ExxonMobil may terminate the Cardmember's participation in this Programme or suspend the use of the Card at any time without prior notice and without assigning any reasons whatsoever. In the event the Cardmember's participation in this Programme is terminated by ExxonMobil, the Points remaining in the Cardmember's account may be nullified and invalidated at ExxonMobil's absolute discretion 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 claim whatsoever against ExxonMobil.
ExxonMobil reserves the right to withdraw or terminate the Programme at any time without assigning any reasons whatsoever. Upon notification of the Programme withdrawal or termination, the Cardmember shall have one month from the date of the notification or such other period as ExxonMobil may state in such notification, to use accumulated Points for redemption of available Rewards. Upon expiry of the aforesaid period, the Points remaining in the Cardmember's account shall be nullified and invalidated automatically 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 claim whatsoever against ExxonMobil.
Miscellaneous
A notice shall be deemed to be given by ExxonMobil to a Cardmember if it is posted to the last known address of the Cardmember appearing in the Cardmember's records or in the application form (referred to in Clause 4 above) submitted by the Cardmember or by way of a notice displayed at any of the Service Stations.
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), which by their nature shall continue to remain in full force and effect and survive any cancellation, revocation, termination or suspension of the Programme, the use of the Card or the Cardmember's participation in the Programme, shall so survive.
In the event any term or condition of the Programme (as amended from time to time) is found to be invalid or unenforceable, whether by law or regulations or otherwise, such invalid or unenforceable provision shall be deemed severed from the Programme's terms and conditions (as amended from time to time) and the invalidity or unenforceability of such invalid or unenforceable provision shall not affect the validity or enforceability of the other terms or provisions of the Programme (as amended from time to time) which shall remain in full force and effect.
The terms and conditions of the Programme (as amended from time to time) 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.
Any abuse or fraud with respect to the award of Points under the Programme or the redemption of Rewards will result in the automatic termination of the Cardmember's participation in the Programme, cancellation of the Card and revocation of Points, and where applicable, the Cardmember shall forthwith return the redeemed Rewards (or pay its reasonable compensation thereto) to ExxonMobil.
ExxonMobil shall have the right to freely assign and/or transfer, at any time, to any third party (including its affiliates), its rights, obligations or liabilities under this Programme (including, without limitation, these terms and conditions (as amended from time to time) and the ownership of the Cards), without the consent of, or notice to, the Cardmember.
The Programme's terms and conditions (as amended from time to time) shall be governed by, construed and interpreted in accordance with the laws of the Territory and any dispute arising out of or in connection with the Programme shall be subject to the exclusive jurisdiction of the courts of the Territory.
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