BY USING THE APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, DELETE THE APP FROM YOUR DEVICES AND DO NOT USE IT.
Who we are and what this agreement does
- We are Valero Energy Ltd, also referred to as “Valero”, “we” or “us” or “our” in these terms and conditions (the “App Terms”). We are a limited company registered in England and Wales under company number 8566216. We have our registered office at 27th Floor, 1 Canada Square, Canary Wharf, London, E14 5AA. Our company number is 08566216 and our VAT number is GB238924044.
- The App is for registered users (“Members”) of the Texaco Star Rewards loyalty scheme (the “Scheme”), and for people authorised by Members to use their account (“Additional Cardholders”). It enables Members and Additional Cardholders to collect Star Rewards points, check the account balance and communicate with us, and it allows Members to redeem Star Rewards points.
- After you have downloaded the App you will be offered the opportunity to use the App to register for the Scheme and create Star Rewards account, or, if you are an Additional Cardholder, to link to the account of the Member who invited you to be their Additional Cardholder.
- You must live in the UK and be at least 17 years old to be a Member or an Additional Cardholder.
- We license you to use the Texaco App and any new or updated version of it, as permitted in these App Terms.
- If you download the App from an app store, the app store’s terms may also apply. See the app store website or app for details.
- The App may contain links to websites which are not provided by us. Except to the extent set out in the Scheme Terms, we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Operating system requirements and support
- The App requires:
- iOS version 13 or above; or
- Android version 6.0 or above; and in either case
a minimum of 53MB of memory.
- If you wish to contact us for any reason please email our customer service team at email@example.com or call them on 0800 234 6336. Calls from landlines are free. Calls made from mobile phones may be charged – check with your mobile service provider.
- If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provide to us when you register for the Scheme.
How you may use the App, including devices you may use it on
- In return for your agreeing to comply with these App Terms you may:
- download a copy of the App on to your device(s) and view, use and display the App on such devices for your personal purposes only; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
- You may not transfer the App to anyone else. We are giving you personally the right to use the App as set out above. You may not transfer the App to anyone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
- If you download the App on to any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these App Terms, whether or not you own the phone or other device.
Changes to these terms
- We may change these App Terms: (i) to implement changes to the Scheme; (ii) for legal, business, policy or regulatory reasons; or (iii) for any other reasonable purpose.
- We will give you as much notice as we reasonably can of material changes to the Scheme and/or these App Terms, by posting them on the Website and the App and by notifying you by email or SMS. If you do not accept the changes, you may stop using the App and/or close your account. If you continue to use the App after changes to the Scheme and/or these App Terms have taken effect, you will be deemed to have accepted the changes. The most up to date App Terms are displayed on the App.
Updates to the App
- From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or the Scheme, or address security issues. Alternatively we may ask you to update the App for these reasons.
- If you choose not to install updates, or if you opt out of automatic updates, you may not be able to continue using the App.
Third party software
- The App incorporates or may incorporate the following third party software, which will or may be installed on your device when the App is installed or updated:
- Firebase – for app analytics and push notifications.
- Google, Apple and Facebook – for social logins.
- Horizon software (HTK) – for API endpoints, such as Apple Wallet and Google Pay Passes
- Google Maps and Apple Maps – for the station locator feature.
- Kochava SDK – to identify the source of app implementation with the respective marketing channel.
- You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available the App, in any form, in whole or in part, to any person without prior written consent from us;
- not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these App Terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (the “Permitted Objective”), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
Acceptable use restrictions
- You may use the App only for lawful purposes. You may not use the App:
- in any way that breaches any applicable local, national or international law or regulation, or that breaches these App Terms or the Scheme Terms;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malware”).
- You must not:
- hack, or insert Malware into, the App, any Service or any operating system;
- infringe our intellectual property rights or those of any third party in relation to your use of the App;
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the App and the Scheme
- By breaching these provisions, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Intellectual property rights
- All intellectual property rights in the App throughout the world belong to us or our licensors and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use it in accordance with these App Terms and the Scheme Terms. TEXACO, STAR REWARDS and the STAR T logo are registered trade marks owned by Chevron Intellectual Property LLC and are used with permission.
Our responsibility for loss or damage suffered by you
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
- We are responsible to you for foreseeable loss and damage caused by us. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these App Terms or our failing to use reasonable care and skill. We are not responsible for any other loss or damage (except as set out in paragraph 27 above). Loss or damage is “foreseeable” if either it is obvious that it will happen or if, at the time you accepted these App Terms, both we and you knew it might happen.
- When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Limitations to the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- Check that the App and the Scheme are suitable for you. The App and the Scheme have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Scheme (as described on the Website and in our other marketing relating to the Star Rewards scheme) meet your requirements.
- We are not responsible for events outside our control. If our provision of the Scheme or support for the App or the Scheme is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
We may end your rights to use the App and the Scheme if you break these App Terms
- We may end your rights to use the App and the Scheme at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. We may also end your rights to use the App if we or you (or the main cardholder if you are an Additional Cardholder) terminate your account in accordance with the Scheme Terms.
- If we end your rights to use the App:
- you must stop all activities authorised by these terms, including your use of the App and any Services;
- you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and, if we ask you to, confirm to us that you have done this;
- we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
Other important terms
- We may transfer our rights and obligations under these App Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
- You may only transfer your rights or your obligations under these App Terms to another person if we agree in writing.
- These App Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
- Each of the paragraphs of these App Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing these App Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these App Terms, or if we delay in taking steps against you in respect of your breaking these App Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- These App Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.