Esso App terms and conditions

Effective Date of Terms and Conditions: June 1st, 2019

Esso Petroleum Company, 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, payment platforms, software, and other functionality provided on or through the Esso Application (collectively the “Esso App”) subject to your agreement to comply with these General Terms, our Privacy Policy (accessible here) (collectively the “Agreement”). Please read these terms and conditions of use 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 General Terms and any other applicable law.

If you do not agree to these Terms and Conditions of Use, please do not access or use the Esso App or any functionality thereof.

Note 1: This App may only be used by a person who is 16 years old or over. If you are under 16 years old please do not use this App or send us any personal data (e.g.: your name, age, address or email address).

Note 2: When you use the Esso App for payment, you can only receive a receipt if you have set your receipt preferences to email.

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 new, modified version of this Agreement to http://www.esso.co.uk/loyalty-program/esso-app and you will also be able to see the updated version in the Esso App. 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 General Terms or the Privacy Policy.

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 Fuels Technology 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. Payment

When creating your user account for the Esso App, you will be given an opportunity to input Apple Pay and/or PayPal information and your Nectar card number. Providing these details onto the Esso App constitutes your authorization of all purchases made from your Device using the Esso App. Not all debit and credit cards may be accepted.
There will be a pre-authorisation with PayPal or your nominated financial institution (whichever is applicable) of a maximum of £100. The balance between the amount spent on fuel and the maximum pre-authorised may be unavailable in your account for use until the pre-authorisation has expired. Expiry times for pre-authorisation amounts can vary between financial institutions. Please contact your relevant financial institution or PayPal for more information. You can dispense a maximum amount of fuel with a value equal to the pre-authorised amount of money and you will only be charged after the fuel has been dispensed. If you cancel the transaction without making a purchase the pre-authorised funds may be unavailable for use until the pre-authorisation has expired.

8. Esso App rules

a) 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 16 years or over.

2. If I am under 18 years old, I have obtained the prior approval of my parent or guardian before using the Esso App.

3. I will create only one account for my own use.

4. I will provide accurate, truthful, current, and complete information when creating my account.

5. I will not create an account for anyone other than myself without permission.

6. I will maintain and promptly update my account information when any of my account information changes.

7. 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.

8. I will protect the confidentiality of my password.

9. I will not share my password or let anyone else access my account.

10. I will not use another person’s account without permission.

11. I will not solicit account information from other users or access another user’s account.

12. I will not sell, or transfer my account to any other person, and any such purported transfer shall be null and void.

13. 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.

14. I will immediately notify Esso in writing of any unauthorized use of my account of which I become aware.

15. I will contact my payment card company immediately if any unauthorized payments are made using the Esso App.

16. 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.

17. 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.

18. I understand that any violation of this Agreement may result in the termination of my use of the Esso App.

b) 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 follow the Esso App safety guidance provided within the app and on-site signage. I will only use the 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.

c) 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, ESSO 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.

d) 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.

9. 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, links to which are available here: Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

10. Miscellaneous

a) Special offers, news and information from Esso

We may send you, via email, app notification, standard mail, or other forms of digital and non-digital communications, from time to time, special offers, news and information relating to Esso generally, the Esso App unless you opt-out of receiving such communications when you register to use the Esso App or through the account settings within the app.

b) 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.

To the extent not prohibited by law, in no event shall Esso be liable for personal injury, or any incidental, special, indirect, consequential, or punitive damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, procurement of substitute goods or substitute services, or any other commercial damages or losses, 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 British pounds (£100).

c) 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.

d) UK use only

The Esso App may only be used by persons who are legally resident in the United Kingdom. Access to or use of the Esso App by persons or from countries who are sanctioned by the United States or the European Union is specifically prohibited.

e) Limitations on use of the Esso App

Certain Esso branded service stations in the UK may not accept the Esso App for payment. For an up-to-date list of Esso branded service stations that usually accept payment by the Esso App go here. 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.

f) Data privacy policy

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

g) 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.

h) Disputes and governing Law

These General Terms are governed by and to be interpreted in accordance with the laws of England and in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the Esso App the courts of England will have non-exclusive jurisdiction over such dispute.

i) 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.

j) How to contact us

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

The Esso App (MPL) Team
Esso Petroleum Company, Limited
Ermyn House
Mailpoint 22
Ermyn Way
Leatherhead
KT22 8UX
Surrey
United Kingdom

K) 1000 Bonus points for first Esso App transactions.

New users of the Esso App who link their Nectar card to their profile will receive 1000 bonus Nectar points when using the Esso App to fill up with Esso Synergy fuel in a single transaction at a participating Esso branded service station in the UK. A minimum purchase of 2 litres of fuel applies. The linked Nectar card must not have previously been used with any other Esso App account to receive this offer.

L) Bonus points for selected Esso App transactions.

You will receive bonus Nectar points on selected qualifying fills when you use the Esso App to fill up with Esso Synergy fuel in a single transaction at a participating Esso branded service station in the UK and have previously linked your Nectar card in the Esso App. A qualifying fill requires a minimum purchase of 15 litres of fuel and must be completed before the expiry date indicated in the app. Users will receive 4x points on their second qualifying fill, 6x points on their fourth qualifying fill, 8x points on their 6th qualifying fill and 750 bonus points on an 8th qualifying fill. Bonus points will be awarded after respective bonus milestone. A user’s progress & status of the offer will be displayed within the Esso App.

Bonus points will be credited to your associated Nectar account within 72 hours of the transaction.

Esso branded service stations not participating in this promotion are 1) those who do not offer mobile payment using the Esso App or
2) those which do not participate in the Nectar scheme.
The Esso App is available to download from the App Store and Google Play Store. The Esso App terms apply to the use of the Esso App at Esso branded service stations in GB. Only use the Esso App when in a car and parked at the pump. Do not use your mobile phone while driving.

Esso Loyalty terms apply to the use of Nectar and collection of Nectar points at Esso branded service stations in GB and to this promotion and can be found at: https://www.esso.co.uk/loyalty-program.

General Nectar terms apply to the use of Nectar and collection of Nectar points and to this promotion and can be found at: https://www.nectar.com/about/privacy-and-legal/terms-of-use.

The promotion is run by Esso (as defined below). Esso’s decision pertaining to any enquiry and dispute received shall be final and conclusive and no further correspondence will be entered into.

Esso reserves the right to cancel, suspend or change the promotion at any stage (including, but not limited to suspension arising out of non-availability of the App generally or at a particular service station). For the avoidance of doubt, cancellation, termination or suspension by Esso of this promotion shall not entitle an entrant to any claim or compensation against Esso or any ExxonMobil group companies for any and all losses or damage suffered or incurred by an entrant as a direct or indirect result of the act of cancellation, termination or suspension.

Bonus points will only be awarded to the registered account holder of the Nectar card linked to the Esso App account used at the time of the Qualifying Fill.
Bonus points are non-transferable and there are no cash or prize alternatives available. Your statutory rights are not affected.
Participants in this promotion should ensure that their Nectar card is registered with Nectar and includes current address details.
In the event that additional bonus points are incorrectly awarded, then Esso reserves the right to correct the error by debiting those points from the entrant’s Nectar account.

l) ESSO

Esso means Esso Petroleum Company, Limited, Ermyn House, Ermyn Way, Leatherhead, Surrey, KT22 8UX.
©2020 Exxon Mobil Corporation. All trademarks used herein are trademarks or registered trademarks of Exxon Mobil Corporation or one of its subsidiaries unless indicated otherwise. All other marks used are the property of their respective owner(s).
Exxon Mobil Corporation has numerous affiliates that include the names ExxonMobil, Exxon, Esso and Mobil. Nothing in this material or associated with the promotion is intended to override the corporate separateness of local entities.

¹ ExxonMobil and/or ExxonMobil Affiliates mean (a) Exxon Mobil Corporation or any parent of Exxon Mobil Corporation, (b) any company or partnership in which Exxon Mobil Corporation or any parent of Exxon Mobil Corporation, directly or indirectly, (1) owns or (2) controls, more than fifty per cent (50%) of the ownership interest having the right to vote or appoint its directors or functional equivalents (“Affiliated Company”) and (c) any joint venture in which Exxon Mobil Corporations, any parent of Exxon Mobil Corporation or an Affiliated Company has day to day operational control.