The Esso Smiles Driver Rewards Program ("Program") is proprietary to Esso (Thailand) Public Company Limited ("Esso") where acceptance of any person(s) to the Program shall be subject to the approval of Esso and once accepted by Esso, participation by any such person ("Cardmember") in the Program shall be subject to the following terms and conditions which may be amended from time to time by Esso without prior notice to Cardmember. The Program is open only to Thai residents and shall only be valid within Thailand ("Territory") at participating Esso branded service stations ("Service Stations") situated within such Territory.
The Program and any terms and conditions, as amended from time to time, shall be governed by the laws of the Territory and both Cardmember and Esso agree to submit to the exclusive jurisdiction of the courts of the Territory.
Any person desiring to become a Cardmember can request for an Esso Smiles application form at Service Stations and must complete and submit such application in the form prescribed by Esso at Service Station, or subscribe via Esso Smiles web site (www.essosmiles.com/th-en) (“Site”) or via Esso LINE Official Account through Esso Smiles Connect (“Esso Smiles Connect”) and shall be issued with a Esso Smiles Card ("Card"), without charge, the use of which shall at all times be subject to the Program's terms and conditions, as amended from time to time. Applicants for the Card must be 18 years of age or over. The applicant, who is 18 years of age or over and not sui juris, is required to obtain consent from his/her legal guardian in applying for the Program.
The Card is a privilege card, not a credit card or charge card and is non-transferable. The use of the Card is solely restricted to the person to whom the Card is issued and for use with the Program only. The Card cannot be used for making purchases at the Service Stations and all such purchases are to be made separately by cash or credit cards at the cashier of the Service Stations. All of the privileges under the Card cannot be transferred to any other Cardmembers.
The Cardmember warrants and represents that the details and particulars contained in the application form, or Site/ Esso Smiles Connect registration referred to in Clause 3 above shall be true and correct. Upon receipt of the Card, the Cardmember may commence using the Card for Qualifying Purchases for the purposes of accumulating points under the Program, subject to the Program's terms and conditions, as amended from time to time.
The Cardmember must notify Esso promptly by filling out the customer request form at Service Stations or self-update via Site or Esso Smiles Connect referred in Clause 3 of any changes to his/her details and/or particulars submitted to Esso or stated in his/her application form or Site or Esso Smiles Connect. Alternatively, any changes not in mandatory fields can be notified by Cardmembers via call to Esso Smiles Customer Service Centre at 02-631-9999 during 9.00-18.00 (Monday–Saturday). Esso shall not be liable for any claims, demands, liabilities or actions arising out of or in connection with the Program 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 Esso of such changes.
The Card shall at all times remains the property of Esso and must be surrendered to Esso immediately upon request. Esso may, at its absolute discretion, terminate the membership or Program or the use of the Card at any time without notice or reason.
Lost, damaged or defective Cards must be reported immediately to the Esso Smiles Customer Service Centre at 02-631-9999 during 9.00-18.00 (Monday–Saturday). If a Card is lost, Esso may at its absolute discretion issue a replacement Card at a fee and any delivery charges incurred shall be charged to the Cardmember. Where a Card is damaged or is defective, a replacement Card will be issued, at Esso's absolute discretion, to the Cardmember. Upon notification of loss, damage or defect, any points resident in the lost, damaged or defective Card may, at Esso's absolute discretion, be credited to the replacement Card. Esso 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 Esso'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 Esso from time to time, 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 at 02-631-9999 during 9.00-18.00 (Monday–Saturday). In such an event, Esso 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.
Use of the Card by the Cardmember shall constitute acceptance of the Program's terms and conditions, as amended from time to time.
Every Cardmember is entitled to one Card only except in case of Clause 8. Esso, at its own discretion, has the right to reject any application of or the issuing of Card to the person whom already registered as the Cardmember under the Program.
Points shall be awarded to a Cardmember having possession of a valid Card by presenting it or informed registered mobile phone number to the cashier of the Service Stations for the purchases of such items as Esso shall designate from time to time in its absolute discretion ("Qualifying Purchases"). The Card or registered mobile phone number must be presented to the cashier before making the purchase, failing which, points will not be credited. Any purchase other than a Qualifying Purchase shall not be considered as Qualifying Purchases and shall not be awarded any points, unless otherwise notified by Esso.
Esso may issue Bonus Esso Smiles Points from time to time to Cardmembers based on certain pre-determined purchase criteria. Bonus Esso Smiles Points shall be credited automatically into the qualifying Cards in the period defined by Esso.
Esso reserves the right to determine, vary or change from time to time the type or quantum of Qualifying Purchases and the corresponding number of points or Bonus Esso Smiles Points to be awarded without prior notice or assigning any reasons whatsoever. Esso 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 Esso 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 or recorded incompletely, Cardmembers shall be required to provide the proof of purchase including original receipts for crediting points for such valid Qualifying Purchases. Esso 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 Stations shall be issued to the Cardmember. Such transaction receipt shall serve as conclusive proof of the Qualifying Purchases made and the points accumulated thereon. The receipt shall contain details of the Qualifying Purchases, the points earned from such purchase and the points balance in the Card. No monthly statement shall be sent to the Cardmember.
The points awarded and credited to the Card cannot be transferred, assigned to another Card or any other card issued by or on behalf of Esso or combined or aggregated with the points of such Card or card or otherwise dealt with except in accordance with the Program's terms and conditions, as amended from time to time.
Points accumulated in the Card shall expire in the event the Cardmember does not make any Qualifying Purchase or earn any points within 12 months from the date the last points were awarded. In such event, the Card shall be cancelled and accumulated points shall be automatically forfeited at the absolute discretion of Esso and without notice to the Cardmember.
Esso Fleet Card, discount coupon or other promotional transactions cannot earn points from the Program.
A Cardmember who has accumulated sufficient points in his/her Card and is eligible, subject to meeting any conditions that Esso may impose, may redeem the same for such items ("Rewards") as Esso may designate from time to time at its absolute discretion, which Rewards shall be listed in the then current Rewards Redemption and shall be subject to the terms and conditions therein.
The Cardmember may refer to the prevailing Rewards Redemption for items available for redemption specified under Clause 20, 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, Esso makes no representation or warranty with respect to any products and/or services featured in the Rewards Redemption. Without prejudice to the generality of the foregoing, Esso makes no warranty with respect to the quality of the Rewards or their suitability for any purpose. Esso shall not be liable nor responsible for any loss, damage, or defective Rewards and/or any event arising out of or from such Rewards. Where the Rewards are covered under any manufacturers' warranty, any disputes or claims shall be forwarded directly to the manufacturers 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 current Rewards Redemption where the points accumulated earliest shall be debited first.
All redemption of Rewards shall be made to Esso on or before the relevant points' expiry date. Any accumulated points, which are not redeemed by the corresponding expiry date shall automatically expire from the Cardmember's account.
All Rewards are subject to availability and Esso 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 in the prevailing Rewards Redemption is subject to availability and on a first-come-first-served basis. 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.
Notwithstanding any provision to the contrary, Esso reserves the right not to provide any replacement Rewards if in Esso's sole opinion the Reward is found to be damaged or rendered faulty due to the negligence or deliberate acts of the Cardmember.
To the furthest extent permitted by law, Esso or its agents or representatives shall not be held liable for any death or injury or loss or damage of any nature (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) howsoever arising from the redemption, supply or use of the Rewards or from the loss, theft or destruction of the Rewards. All such claims shall be directed or forwarded to the suppliers, manufacturers and such appropriate parties concerned with the supply of the Rewards.
Notwithstanding any other provisions and without prejudice to any other rights and remedies stated herein, Esso 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:
a. points are suspected to be fraudulently recorded or obtained;
b. any points erroneously awarded due to system glitches or any other reasons;
c. any points derived from any transaction, which has been cancelled, voided, refunded or reversed; and
d. any points derived from the purchase of inventory and stocks by a Cardmember who is appointed to operate, manage or work at a Service Station.
Esso has the right to determine and change from time to time:
a. the Rewards offered in the Program as listed in the Rewards Redemption or in any other documents; and
b. the qualifying points required for redemption of Rewards, without prior notice and assigning any reasons whatsoever.
The Cardmember agrees that Esso may from time to time, without giving prior notice to the Cardmember vary, add or amend the terms and conditions herein set out. In the event the Cardmember is not agreeable to such variation, addition and/or amendments, the Cardmember shall terminate his/her membership by informing the Esso Smiles Customer Service Centre to the Esso Smiles Customer Service Centre at 02-631-9999 during 9.00-18.00 (Monday–Saturday) within 7 (seven) working days from the date of such variation, addition or amendment, failing which the Cardmember shall be deemed to have accepted the variation, addition and/or amendments of the terms and conditions herein.
Esso reserves the right to, at its absolute discretion, invite or allow any other companies to participate in the Program and in such event to modify the Program and any of the terms and conditions provided herein or other agreements or documents relating to the Program, including the terms and conditions for redemption of Rewards.
Esso may collect, use and disclose the Cardmember's personal data in the manner and for the purposes set out in the prevailing Esso Smiles Driver Rewards Program Privacy Statement section 7 (DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES).
If the Cardmember signs up for any other specific services related to the Program, Esso may collect, use and disclose the Cardmember's personal data in the manner and for the purposes set out in any other specific notification issued in connection with such services, and such notification shall be deemed incorporated into these terms and conditions upon its issuance.
The notifications mentioned in (32) and (33) above will be available on the Site.
The Cardmember's participation in this Program is conditional upon his/her acceptance of Esso's collection, use and disclosure of his/her personal data in accordance with this Clause. By submitting an application for enrollment in the Program and/or using the Card, the Cardmember shall consent, to Esso's collection, use and disclosure of his/her personal data in accordance with this Clause.
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 Program and/or use or possession of the Card. To the furthest extent permitted by law, Esso shall not be liable for any loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) including but not limited to personal injury, death or loss of or damage to property suffered by the Cardmember arising out of and in connection with the Cardmember's participation in the Program and/or use or possession of the Card unless such loss or damage is caused directly by any wilful misconduct of Esso.
Esso shall not be liable for any loss of accumulated points or loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) suffered as a result of any defect or error in any machines or inability to retrieve any information or data from the computer system.
Esso 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 Esso's appointed agents and contractors or suppliers including without limitation, any refusal to honour or accept the Card or any statement or other communication made in connection herewith or any defective or deficient goods or services supplied. Any dispute or claim the Cardmember may have with or against the operator of a Service Station and/or Esso's appointed agents and contractors or suppliers shall not affect the obligations of the Cardmember under these terms and conditions, as amended from time to time.
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 Esso may have to Cardmembers arising out of the use of the Card or the redemption of Rewards which cannot be excluded or which is not already provided herein is hereby limited, where permitted, to the reinstatement of such points or cost of such Rewards as Esso shall at its absolute discretion determine.
Esso shall not be liable howsoever for any errors, delays, loss or damage, which may be directly or indirectly due to breakdown, failure of machinery or the processor; or industry dispute, war, acts of God, system failure and anything outside the reasonable control of Esso.
Esso shall not be liable for any loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) suffered by the Cardmember due to the following reasons:
a. any delay or failure in replacing the Card;
b. any loss, theft or damage to any Rewards in the course of delivery or post;
c. any failure by the Rewards supplier to abide by the terms and conditions on which it has agreed to provide the Rewards;
d. any statement, communication or implication arising from any revocation, suspension or restriction of the use of the Card; and
e. any failure or omission to notify the Cardmember of any changes in the terms and conditions of the Program, Rewards Redemption, participating companies, Qualifying Purchases and points awarded for Qualifying Purchases.
Any claims or disputes relating to the Program or the use of the Card shall be referred directly to Esso for decision, whose decision shall be final and binding on the Cardmember and Esso's records of all matters relating to the Program shall be conclusive and binding on the Cardmember.
Esso reserves the right to withdraw or terminate the Program at any time without assigning any reasons therefore. Upon notification of the withdrawal or termination, the Cardmember shall have 1 (one) month from the date of the notification or such period as Esso shall state in such notice, to redeem accumulated points for available Rewards. Upon expiry of the aforesaid notice, the points remaining in the Cardmember's account shall be nullified and invalidated and Esso shall have no obligation or liability in respect of such points, by way of compensation or otherwise, to the Cardmember and the Cardmember shall have no further claim whatsoever against Esso.
A notice shall be deemed to be given by Esso to a Cardmember if it is posted to the latest address of the Cardmember appearing in the Cardmember's records, the application form, registered account in the Site or Esso Smiles Connect submitted by the Cardmember or by way of a notice displayed at Service Stations.
Notwithstanding anything in these terms and conditions, Esso's rights and entitlement under the Program's terms and conditions (as amended from time to time) shall continue to remain in full force and effect and shall survive any cancellation, revocation, termination or suspension of the Program, the use of the Card or the Cardmember's participation in the Program.
In the event any term or condition of the Program is found to be invalid or unenforceable, whether by law or regulations or otherwise, such invalid or unenforceable provision shall be severed from the Program's terms and conditions and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the other terms or provisions of the Program 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 Program now or hereafter, and from time to time, subsisting between Esso and the Cardmember or any terms and conditions that may be specified in any written communication notified by Esso to the Cardmember from time to time.
Any abuse or fraud with respect to points under the Program or redemption of Rewards will result in the cancellation of the Cardmember's participation in the Program, cancellation of the Card and revocation of points or return of redeemed Rewards (or its reasonable compensation thereto).
Esso shall have the right to freely assign, at any time, to any affiliate or third party, these terms and conditions, the Program, the ownership of the Cards and/or the Cardmember's account in respect of the Program and/or any of its rights, obligations or liabilities hereunder, without the consent of the Cardmember.
This term and conditions is made in both languages, Thai and English. In the event of any inconsistency, the Thai version is the original language and the English version is a translation for information purposes only. Then in case of any conflict, the Thai version will prevail and will therefore be the binding version.