Terms and conditions
- The Smiles Driver Rewards Programme ("Programme") is proprietary to ExxonMobil Hong Kong Limited ("EMHK"). Acceptance of any person(s) to the Programme shall be subject to the approval of EMHK and once accepted by EMHK, participation by any such person ("Cardmember") in the Programme shall be subject to the following terms and conditions. The Programme shall only be valid within Hong Kong Special Administrative Region of the People's Republic of China ("Territory") and at Esso branded service stations ("Service Stations") situated within such Territory.
- The Programme and any terms and conditions, as amended from time to time, shall be governed by the laws of the Territory. Cardmember and EMHK agree to submit to the exclusion jurisdiction of the courts of the Territory.
- Any person desiring to become a Cardmember must complete and submit a registration in the form prescribed by EMHK and if accepted by EMHK, will be issued with a Smiles card ("Card"), without charge, the use of which shall at all times be subject to the terms and conditions contained herein. Applicants for the Card must be aged 18 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 and for use in connection with the Programme only. The Card shall not be used for making purchases at the Service Stations or the convenience stores located therein and all such purchases shall be made separately by cash or credit cards at the Service Stations.
- The Cardmember warrants and represents that the details and particulars contained in the registration form referred to in Clause 3 above shall be true, accurate and complete. 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 terms and conditions herein.
- The Cardmember shall notify EMHK promptly in writing of any changes to his details and/or particulars submitted to EMHK or stated in his/her registration form. EMHK 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 EMHK of such changes.
- The Card shall at all times remain the property of EMHK and shall be surrendered to EMHK immediately upon request. EMHK may, at its sole discretion, terminate or vary the terms of the membership or Programme or the Card at any time without notice or reason.
- Lost, damaged or defective cards shall be reported immediately to the Customer Service Centre on 3197-8188. If a Card is lost, EMHK may at its discretion issue a replacement Card at a cost of 1,000 Smiles Points and any delivery charges incurred shall be charged to the Cardmember. Where a Card is damaged or is defective, a replacement Card may be issued, at EMHK's discretion, to the Cardmember. Any points accumulated and are valid in the lost, damaged or defective Card may, at EMHK's discretion, be credited to the replacement Card. EMHK shall not be held liable for the loss of any such points due to card loss, damage or defect. Points cannot be exchanged or redeemed for cash.
- A Cardmember may at any time terminate his/her membership by returning the Card, cut in half, to EMHK. In such an event, EMHK shall not be responsible or liable for any unredeemed points which shall be forfeited upon such termination by Cardmember.
- Use of the Card by the Cardmember shall constitute acceptance of these terms and conditions.
- Each Cardmember is entitled to one Smiles card only.
Accumulation of Points
- Points will be awarded to a Cardmember having possession of a valid Card and presenting it to the pump attendants / cashier of the participating Service Stations for the purchases of such items as EMHK may designate from time to time in its absolute discretion ("Qualifying Purchases"). Any purchases other than the Qualifying Purchases shall not be considered as Qualifying Purchases and shall not be awarded any points, unless otherwise notified by EMHK.
- The Card must be presented to the cashier at the Service Station before making the purchase, failing which, points may only be awarded at the discretion of EMHK upon presentation of satisfactory proof of purchase including without limitation receipts for such valid Qualifying Purchases.
- 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 be conclusive record of the Qualifying Purchase 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 the Card shall not be transferred, assigned or otherwise dealt with except in accordance with these terms and conditions. Points have no cash or monetary value.
- Points awarded and credited to the Card cannot be transferred to another Card or any other card issued by or on behalf of EMHK or combined or aggregated with the points of such Card or card.
- EMHK 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 to be awarded without prior notice or assigning any reasons whatsoever. EMHK 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 EMHK deems fit, notwithstanding the type or quantum of the Qualifying Purchases made.
- A Cardmember who has accumulated sufficient points in his/her Card and has submitted his/her personal details as defined in the Smiles Card registration form to the Service Stations and/or the Customer Service Centre (failing which his/her Smiles card will not be activated for redemption) and is eligible, subject to meeting any conditions that EMHK may impose, to redeem the same for such items as EMHK may designate from time to time at its absolute discretion ("Rewards"), which Rewards shall be listed in the then current Rewards Guide and shall be subject to the terms and conditions therein.
- The Cardmember may refer to the Rewards Guide 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, EMHK gives no representation or warranty with respect to any products and/or services featured in the Rewards Guide. EMHK gives 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.
- EMHK does not accept 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.
- 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 vouchers that they intend to use.
- Rewards in the form of vouchers/certificates are valid for use subject to the expiry date specified on the vouchers/certificates. All unused certificates/vouchers shall after the expiry date be deemed null and void and shall not be replaced by EMHK. The use of the vouchers/certificates 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 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.
- When applicable, delivery of Rewards shall be made to an address as stated in the Cardmember's registration form or as notified to EMHK in writing from time to time. 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 EMHK deems fit.
- Where redemption is made, EMHK shall endeavour to make available the redeemed Rewards for delivery to or collection by, as the case may be, the Cardmember within 4 weeks upon receiving the Rewards Claim form from the Cardmember.
- All Rewards do not include installation cost, batteries etc and is on an as-is basis.
- Upon redemption of a Reward, 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. In the event that additional redemption price is required for redemption of any Rewards, payment shall be made instantly by cash or credit card at the time of redemption.
- All registration for redemption of Rewards shall be made to EMHK on or before the relevant point's expiry date. Any accumulated points, which are not redeemed by the corresponding expiry date, shall automatically expire from the Cardmember's account.
- Rewards in the Rewards Guide are subject to availability and on a first-come-first-served basis. In the event of a selected Reward not being available for whatever reason, EMHK reserves the right to reject the redemption or to offer alternative Rewards of equivalent value at the same corresponding points for redemption. For Rewards that are to be redeemed from supplier of Rewards as may be appointed by EMHK 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.
- The Cardmember is responsible for the examination of any Rewards immediately upon receipt for defects or damage, whether in its packaging or otherwise, and to verify the contents of the Rewards. Where the Reward or its packaging is found to be damaged or defective or that the contents therein is incomplete, the Rewards should be returned, immediately, 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. Alternatively, the Cardmember can choose to contact the Customer Service Centre on 3197-8188 to lodge a complaint of faulty or damaged Rewards within 7 days of receiving the Rewards. No exchange or return of Rewards is allowed after the Cardmember acknowledges the receipt of the Rewards.
- EMHK reserves the right to reject any request for the replacement of faulty or damaged Rewards should the Cardmember fail to return the same as set out in Clause 30 above.
- Notwithstanding any provision to the contrary, EMHK reserves the right not to provide any replacement Rewards if in EMHK's opinion the item is found to be damaged or rendered faulty due to the negligence or acts of the Cardmember.
- EMHK or its representative shall not be held liable for any death or injury or consequential loss or damage of any nature 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 manufacturers or suppliers concerned.
Notwithstanding any other provisions and without prejudice to any other rights and remedies stated herein, EMHK 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:
- any points suspected to be fraudulently recorded or obtained;
- any points erroneously awarded due to system glitches or any other reasons;
- any points derived from any transaction, which has been cancelled, voided, refunded or reversed; and
- any points derived from the purchase of inventory and stocks by a Cardmember who is a dealer appointed to operate and manage a Service Station.
EMHK has the right, without prior notice and assigning any reasons whatsoever, to determine and change from time to time:
- the Rewards offered in the Programme as listed in the Rewards Guide or in any other documents; and
- the qualifying points required for redemption of Rewards.
Smiles Points Expiry
- Points awarded and credited to the Card shall expire if the Cardmember does not make any Qualifying Purchase or be awarded any points by EMHK within 12 months from the date the last point was awarded. Points transferred from another Smiles account or converted from an external partner with which EMHK has points conversion arrangements are not considered as points awarded by EMHK. EMHK reserves the right to cancel any Card in the event the Cardmember does not make any Qualifying Purchase or be awarded any points within 12 months from the date the last point was awarded.
- The Cardmember agrees that EMHK 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 amendment, the Cardmember shall surrender the card and return the same, cut in half, to EMHK within 7 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.
- EMHK reserves the right to 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 of redeeming Rewards.
- EMHK may collect personal data and information from the Cardmember in the registration form or any time thereafter in connection with the Cardmember's participation in the Programme or otherwise as part of the ongoing services provided to the Cardmember by EMHK (as defined in the Personal Information Collection Statement ("PICS") set out on the registration form). Personal data and information collected by EMHK shall be used in accordance with the Hong Kong Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) and the PICS set out on the registration form or other form used for collection of the Cardmember's personal data and information.
Security of Card
- The Cardmember shall take all necessary precautions and security measures to ensure proper and valid use of the Card and to prevent loss of the same.
- EMHK shall not be liable, in the absence of wilful misconduct or negligence on the part of EMHK and its employees, for any loss or damage suffered by the Cardmember arising out of or in connection with the use of Card.
Exclusion of Liability
- EMHK shall not be liable for any loss of accumulated points or loss or damage suffered as a result of any defect or error or inability to retrieve any information or data from its computer system or other mechanical or electronic devices.
- EMHK shall not be liable for any loss or damage caused to the Cardmember arising from any act or omission of the operator of any Service Station, EMHK's appointed agents, contractors and/or suppliers including without limitation, any refusal to honour or accept the Card or any statement or other communication made in connection with the Programme 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, EMHK's appointed agents, contractors or suppliers shall not affect the obligations of the Cardmember under these terms and conditions.
- All conditions and warranties, whether expressed or implied and whether arising under any law or regulation 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 extent permitted by law.
- Without prejudice to any other terms and conditions set out in these terms and conditions, any liability EMHK 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 for herein is hereby limited, where permitted, to the reinstatement of such points or cost such Rewards as EMHK shall at its discretion determine.
- EMHK shall not be liable howsoever for any error, delay, loss or damage, which may be directly or indirectly due to breakdown or failure of machinery, system or processor, industry dispute, war, act of God, system failure and anything beyond the control of EMHK.
Without limiting the other provisions of these terms and conditions, EMHK shall not be liable for any loss or damage suffered by the Cardmember due to the following reasons:
- any delay or failure in replacing the Card;
- any loss, theft or damage to any Reward in the course of delivery or post;
- any failure by the Reward supplier to abide by the terms and conditions on which it has agreed to provide the Reward;
- 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 of these terms and conditions, Rewards Guide, participating companies, Qualifying Purchases and points awarded for Qualifying Purchases.
- Any claim or disputes relating to the Programme or the use of the Card shall be referred directly to EMHK for decision, whose decision shall be final and binding on the Cardmember and EMHK's records of all matters relating to the Programme shall be conclusive and binding on the Cardmember.
- EMHK reserves the right to withdraw or terminate the Programme at any time without assigning any reasons therefor. Upon notification of the withdrawal or termination, the Cardmember shall have one month from the date of the notification or such period as EMHK may 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 EMHK shall have no obligations or liabilities in respect of such points, by way of compensation or otherwise, to the Cardmember and the Cardmember shall have no further claims whatsoever against EMHK.
- A notice shall be deemed to be given by EMHK to a Cardmember if it is posted to the latest address of the Cardmember appearing in the Cardmember's records or the registration form submitted by the Cardmember or by way of a notice displayed at Service Stations.
- Notwithstanding anything in these terms and conditions, EMHK's rights and entitlement under these terms and conditions which by their nature are to continue shall remain in full force and effect and shall survive any cancellation, withdrawal, termination, revocation or suspension of the Programme, the use of the Card or the Cardmember's participation in the Programme.
- If any terms or conditions is found to be invalid or unenforceable, whether by law or regulations or otherwise, such invalid or unenforceable provision shall be severed from these terms and conditions and the invalidity or unenforceability of such terms or conditions shall not affect the validity or enforceability of the other terms or provisions herein contained which shall remain in full force and effect.
- 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 EMHK and the Cardmember or any terms and conditions that may be specified in any written communication notified by EMHK to the Cardmember from time to time.
- Any abuse or fraud with respect to points under the Programme or redemption of Rewards shall result in the cancellation of the Cardmember's participation in the Programme, cancellation of the Card, forfeiture and revocation of points and return of redeemed Rewards (or its reasonable compensation thereto).
- EMHK reserves the right to cancel any Card that has not been used for any consecutive period of 12 months and forfeit any points accumulated thereunder.
- EMHK shall have the right to assign, at any time, to any 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 Smiles Family
- These terms and conditions shall apply to all other cards deemed by EMHK as affiliated to this Programme, unless otherwise stated.
(These terms and conditions are also written in the Chinese language. In case of any inconsistency between the English version and the Chinese version, the English version shall prevail.)