Caltex FLEET TAB Terms of Use

IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS ON OUR LIABILITY TO YOU.

1. Acceptance of these Terms of Use

These Terms of Use apply to your access to and use of all or part of the Caltex FLEET TAB website or mobile application (“FLEET TAB”) of Chevron Singapore Pte. Ltd. or any of its affiliated companies (“Chevron”). By clicking “I agree” or by accessing and/or using this FLEET TAB and/or any of the Services (as defined below in Section 3), you agree to be bound by these Terms of Use and all terms incorporated by reference. If you do not agree to these Terms of Use, you may be restricted from using this FLEET TAB and its Services.

These Terms of Use shall be effective upon your acceptance of and agreement to them (either by clicking “I agree” or when you first access this FLEET TAB and/or use any of the Services).

As used throughout this FLEET TAB and these Terms of Use, the term “Chevron” and such terms as “”legal entity,” “our,” “we” and “us” may refer to Chevron Singapore Pte. Ltd., or one or more or all of Chevron’s related corporations and/or affiliates. All these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs. The term “You” or “your” means (a) you personally (i.e. the individual who reads and agrees to be bound by these terms), and, (b) if you access the FLEET TAB on behalf of a company or other legal entity (including, but not limited to, a partnership or LLP), collectively, you and such company or other legal entity on whose behalf you access the FLEET TAB.

Chevron reserves the right to modify, update, replace or change any or all these Terms of Use or its policies relating to the Services at any time and from time to time, by posting an updated or revised version within the FLEET TAB portal. Any modification, update, replacement or change to the Terms of Use or any policy relating to the Services shall be effective upon posting of the updated or revised version. Although Chevron will endeavour to highlight material updates or changes to these Terms of Use, it is your responsibility to review these Terms of Use regularly to ensure you are aware of the most recent terms as they will be binding on you and your use of the FLEET TAB and Services. Your continued use of, or access to, the FLEET TAB and/or the Services will be deemed to constitute your agreement to and acceptance of such changes. If you do not agree to any update or change, you must immediately cease using and accessing the FLEET TAB and the Services.

Further, Chevron may at any time and from time to time introduce updates, enhancements, changes or new features to the FLEET TAB. Any such changes or new features introduced will be subject to these Terms of Use.

In using the FLEET TAB, you and/or your company’s management take full responsibility in providing privacy notices and obtaining consent as required by applicable privacy law.  Not in limitation or in lieu of the following, you specifically agree to inform and explain to your drivers that their vehicles will be enrolled in the Application and their vehicle routes and geolocations, will be collected as part of delivering the functionalities of the Application.

2. Access to Account

These Terms of Use shall supplement the agreement with Chevron Singapore Pte. Ltd. to subscribe to the Caltex FLEET TAB program (“Agreement”). In order to access and use the Application and Services, you must set up and register a user account (“Account“) with the application once you have received a notification to setup your password. Your login credentials for the mobile application will be the same as your credentials for FLEET TAB web version. With respect to any such registration, Chevron may refuse to register your account if you provide an email address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; or that Chevron rejects for any other reason in Chevron’s sole discretion.

Chevron may contact you through the email address you have provided regarding the FLEET TAB and Services, and for other purposes as may be mentioned in these Terms of Use and the Privacy Statement. You are solely responsible for keeping your password secure and confidential.

By accessing the FLEET TAB, you represent and warrant that all information provided in connection with the registration and use of the account in the FLEET TAB (“Account”) are true, accurate and not misleading. You further agree that:

• you will not create more than one Account for the FLEET TAB;
• you will not share your password or allow any other person to access your Account, or otherwise do anything that may or will violate the security of your Account;
• you will keep all information provided by you through the FLEET TAB up to date and accurate;
• you acknowledge that these Terms of Use and/or the Privacy Statement may be revised, and you agree to stay informed of such changes;
• you will not transfer your Account to any other person without prior permission from Chevron.

You are responsible for the use of your Account and all activities that are carried out through the Account, whether authorized or unauthorized. You must also notify Chevron immediately if you become aware of any unauthorized use of or access to your Account.

3. Services

With your permission and subject to applicable law, Chevron may offer and provide the following services (“Services”) through the FLEET TAB:

• location and route services – using the FLEET TAB to determine the location of all the drivers who are enrolled in the Caltex FLEET TAB program;
• notification – specific notifications, either via email and/or SMS, to the users or drivers depending on how it has been setup in the system by your company’s admin user. Example of these notifications are vehicle maintenance services, GPS unit not functioning, among others;
• StarCard data – if your company uses Caltex StarCard, some of the fuel related data will be incorporated in the FLEET TAB for you to access your fuel usage reporting and fraud detection;
• contact Chevron for any enquiry purposes;
• any other services as Chevron may introduce through the FLEET TAB from time to time.

Further, Chevron may at any time and from time to time introduce updates, enhancements, changes or new features to the Services. Any such changes or new features introduced will be subject to these Terms of Use.

If and when you use the Services, Chevron will be able to obtain data about the location and route of drivers enrolled in the program through the FLEET TAB. If you do not wish to allow or enable Chevron to do so, you should de-activate the location services functionality for the relevant Service(s), in which case you will not be able to use such Service(s).

4. FLEET TAB and Account Security

You are prohibited from violating, or attempting to violate, the security of this FLEET TAB and your Account. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the FLEET TAB or your Account including the following but are not limited to:

• logging into or attempting to log into a server or user account that you are not authorized to access;
• accessing data or taking any action to obtain data, information or services not intended for you or your use;
• attempting to probe, scan or test the vulnerability of any system, network or user account;
• tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
• circumventing any system or mechanism in the FLEET TAB that is designed and intended to limit your access to areas within, or components of, the FLEET TAB;
• transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with the FLEET TAB’s or any user account’s functionality or operation;
• using the FLEET TAB in a manner or committing any act which is detrimental to, or in violation of, Chevron’s or a third party’s systems or network security, or which could otherwise damage or impair the servers or networks used by the FLEET TAB or by other users of the FLEET TAB;
• interfering with service to, or engaging in any denial of service attack of, the FLEET TAB, any user, host or network including, without limitation by means of overburdening or “flooding,” any computer system; and
• all other violations of similar nature.

5. Accessing and Using the FLEET TAB

You acknowledge that the availability of the FLEET TAB is dependent on the third-party platform from which you download it (for example, Apple App Store or Google Play Store). Each of these platforms may have its own terms and conditions for the downloading, installation and use of the FLEET TAB, and you agree that it is your responsibility to ensure compliance with such terms and conditions.

In accessing and using this FLEET TAB, you must not:

• post, send or otherwise transmit to or through the FLEET TAB any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that Chevron in its sole discretion does not wish to be posted or transmitted on the FLEET TAB;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
• misrepresent your identity or affiliation in any way;
• engage in deceptive online marketing;
• violate any applicable laws or regulations;
• use the FLEET TAB in a manner that would violate these Terms of Use or any policy posted in the “About” or others section(s) of the FLEET TAB; or
• assist or permit any persons in engaging in any of the activities described above or any other activity similar thereto.

Chevron may, at any time without prior notice, restrict, block, suspend or disable your access to all or some parts of the FLEET TAB or Services, and/or edit or remove any content within the FLEET TAB including any material which in Chevron’s reasonable opinion may give rise to a breach, or be in violation of these Terms of Use or any applicable law, or which Chevron considers in its sole discretion might be otherwise offensive, harmful or objectionable.

6. User Information

You must exercise caution, good sense and sound judgment in using the FLEET TAB. You are responsible for any material or information you place on or transmit to or through the FLEET TAB. You agree, represent and warrant that any information you post to or transmit through the FLEET TAB is truthful, accurate, complete, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

7. Copyright

Subject to your compliance with these Terms of Use, Chevron grants you a non- transferable, non-exclusive, non-sublicensable, royalty free licence to install, view, use and access the FLEET TAB in Singapore solely for your legitimate business purposes (which excludes seeking to commercialise the FLEET TAB or Services) and as authorised by Chevron or (where applicable) our third-party licensors.

All content included on this FLEET TAB such as text, graphics, logos, buttons, icons, images, video clips, audio clips, software and the like are the properties of Chevron, its content suppliers and/or vendors and is protected by the laws of the country applicable in each specific context and international copyright laws. The compilation (collection, arrangement, and assembly) of all content on this FLEET TAB is the exclusive property of Chevron and is protected by the laws of the country applicable in each specific context and international copyright laws. No material from this FLEET TAB may be copied, reproduced, republished, modified, adapted, uploaded, posted, transmitted, or distributed in any way without prior written permission of the copyright owner. Modification of the materials or use of the materials for any other purpose is a violation of Chevron’s copyright and other proprietary rights. Prior written permission for all other uses of materials contained herein, including reproducing and distributing copies, or framing of any part of this FLEET TAB on another website, must be obtained from Chevron in advance. Requests for such authorization should be sent via email to Chevron. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Chevron.

All software used or made available on this FLEET TAB is the property of Chevron or its software suppliers and is protected by the laws of the country applicable in each specific context and international copyright laws. In the event that you are permitted by Chevron to download, and you download software from the FLEET TAB, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Chevron subject to any terms of use accompanying the Software. Chevron does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Chevron retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, modify, adapt, decompile, reverse engineer, disassemble or otherwise reduce the FLEET TAB or Software to a human-perceivable form, except to the extent permitted by applicable law and subject to prior written consent from Chevron of such activities.

8. Trademarks

All trademarks, service marks, logos, and trade names, whether registered or unregistered, are proprietary to Chevron or to other companies where so indicated. You may not reproduce, download, or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

9. Termination

Chevron may terminate these Terms of Use at any time by providing 30 days’ prior written notice to the email address you provided for your Account (as may be updated by you).

In addition, Chevron may immediately and without notice terminate these Terms of Use or suspend or cancel your access to your Account and/or all or any part of the FLEET TAB and/or the Services, and restrict your further access to your Account and/or all or any part of the FLEET TAB and/or the Services, if:

(i) you commit any breach or violation of these Terms of Use and/or the Agreement;

(ii) you fail to make any payment due and payable to Chevron under these Terms, for the Services, or any agreement between you and Chevron; or

(iii) you have demonstrated any behaviour (including through your actions or statements) that indicates your intention not to comply with these Terms of Use.

Upon termination of these Terms of Use, Chevron shall have the right to deactivate or delete your Account and all data and content provided by you or about you.

Chevron further reserves the right to seek all remedies available by law and in equity for any violation by you of these Terms of Use. Any rights not expressly granted herein are reserved by Chevron.

10. Third-Party Software and Services

The FLEET TAB may contain various third-party software components and services. By using the FLEET TAB, you agree and consent to Chevron’s use of these third-party software components and services. You are also agreeing to any applicable terms of use, licenses or privacy policies related to that third-party software component and service. A breach of those terms of use, licenses or privacy policies shall be deemed a breach of these Terms of Use. By using the FLEET TAB, you (i) expressly relieve Chevron from any and all liability arising from your use of any third-party components or services embedded in the FLEET TAB, and (ii) agree that, with respect to the third-party components and services and to the maximum extent permitted by applicable law, Chevron is not responsible for the manner in which your data is processed.

11. Links

The FLEET TAB may contain links to other non-Chevron websites. These links are for convenience only and may not be current or be maintained. Certain of these linked websites or FLEET TAB may make use of Chevron proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from Chevron. Chevron is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website or FLEET TAB. In addition, providing links to these sites or other FLEET TABs should not be interpreted as endorsement or approval by Chevron of the organizations sponsoring the sites or FLEET TAB, or their products or services.

12. Jurisdictional Issues

FLEET TAB is operated by a third party engaged by Chevron. Chevron makes no representation that materials in the FLEET TAB are appropriate or available for use in other locations or geographies. Those who choose to access the FLEET TAB from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Access to this FLEET TAB from jurisdictions where the contents of this FLEET TAB are illegal or penalized is prohibited. The FLEET TAB and the software contained therein is further subject to United States and Singapore export controls. No data, information or software from the FLEET TAB may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States or Singapore embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders; or (iii) prohibited under the Singapore Regulation of Import and Exports Act (Cap 272A) or Regulations. By downloading or using the FLEET TAB or Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Disclaimer

The FLEET TAB and Services are provided and made available “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Chevron disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. Chevron does not warrant that access to this FLEET TAB or the Services or to the functions contained in the FLEET TAB will be uninterrupted or error-free, that defects will be corrected, or that this FLEET TAB or the server that makes it available are free of viruses or other harmful components. Chevron does not make any representations or warranties regarding the use or the results of the use of the FLEET TAB in terms of their correctness, accuracy, currency, availability, reliability, or otherwise. Applicable law may not allow the exclusion of some or all implied warranties, so to the extent that such laws are applicable, part or all of the above exclusions may not apply to you.

Chevron has no obligation to monitor your access to or use of the FLEET TAB or Services but has the right to do so for the purpose of ensuring your compliance with these Terms of Use or to comply with applicable law or an order or requirement of a court or governmental agency.

Some features of the FLEET TAB may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the FLEET TAB or Services may require access through your mobile network, which may result in additional charges depending on your payment plan. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.

14. Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Chevron be liable for any compensatory, punitive, indirect, special or consequential damages that result from the use of, or the inability to use, the FLEET TAB or the Services, even if Chevron or a Chevron authorized representative has been advised of the possibility of such damages. Where applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall Chevron’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to Chevron, if any, for using this FLEET TAB.

15. Indemnity

You agree to indemnify, defend and hold Chevron, its affiliates and any of its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities in connection with this FLEET TAB and/or the Services.

16. Disclosure; Product Statements

This FLEET TAB contains information on products and services of Chevron and its related entities. While Chevron tries to ensure that all information on this FLEET TAB is accurate and current at the time of posting, all information on Chevron’s products and services on this FLEET TAB should not be relied on as definitive, final, current or complete, and you agree to contact Chevron directly for more detailed and updated information on its products and services.

17. General

These Terms of Use shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law. By accessing and/or using this FLEET TAB or the Services, you submit to the non-exclusive jurisdiction of the courts of Singapore, to the exclusion of other courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No third party shall have any right to enforce any provision of these Terms of Use other than a permitted assignee or transferee. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing. 

No failure to exercise or delay in exercising any right, power or remedy under these Terms of Use operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

TofU_SG_2023081

Caltex Fleet Tab Terms of Use

IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS ON OUR LIABILITY TO YOU.

1. Acceptance of these Terms of Use

These Terms of Use apply to your access to and use of all or part of the Caltex Fleet Tab website or mobile application (“FLEET TAB”) of Chevron Malaysia Limited or any of its affiliated companies (“Chevron”). By clicking “I agree” or by accessing and/or using this FLEET TAB and/or any of the Services (as defined below in Section 3), you agree to be bound by these Terms of Use and all terms incorporated by reference. If you do not agree to these Terms of Use, you may be restricted from using this FLEET TAB and its Services.

These Terms of Use shall be effective upon your acceptance of and agreement to them (either by clicking “I agree” or when you first access this FLEET TAB and/or use any of the Services).

As used throughout this FLEET TAB and these Terms of Use, the term “Chevron” and such terms as “”legal entity,” “our,” “we” and “us” may refer to Chevron Malaysia Limited, or one or more or all of Chevron’s related corporations and/or affiliates. All these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs. The term “You” or “your” means (a) you personally (i.e. the individual who reads and agrees to be bound by these terms), and, (b) if you access the FLEET TAB on behalf of a company or other legal entity (including, but not limited to, a partnership or LLP), collectively, you and such company or other legal entity on whose behalf you access the FLEET TAB.

Chevron reserves the right to modify, update, replace or change any or all these Terms of Use or its policies relating to the Services at any time and from time to time, by posting an updated or revised version within the FLEET TAB portal. Any modification, update, replacement or change to the Terms of Use or any policy relating to the Services shall be effective upon posting of the updated or revised version. Although Chevron will endeavour to highlight material updates or changes to these Terms of Use, it is your responsibility to review these Terms of Use regularly to ensure you are aware of the most recent terms as they will be binding on you and your use of the FLEET TAB and Services. Your continued use of, or access to, the FLEET TAB and/or the Services will be deemed to constitute your agreement to and acceptance of such changes. If you do not agree to any update or change, you must immediately cease using and accessing the FLEET TAB and the Services.

Further, Chevron may at any time and from time to time introduce updates, enhancements, changes or new features to the FLEET TAB. Any such changes or new features introduced will be subject to these Terms of Use.

In using the FLEET TAB, it is understood that you and/or your company’s management take full responsibility in providing privacy notices and obtaining consent as required by applicable privacy law.  Not in limitation or in lieu of the following, you specifically agree to inform and explain to your drivers that their vehicles will be enrolled in the Application and their vehicle routes and geolocations will be collected as part of delivering the functionalities of the Application.

2. Access to Account

These Terms of Use shall supplement the agreement with Chevron Malaysia Limited to subscribe to the Caltex FLEET TAB program (“Agreement”). In order to access and use the Application and Services, you must set up and register a user account (“Account“) with the application once you have received a notification to setup your password. Your login credentials for the mobile application will be the same as your credentials for FLEET TAB web version. With respect to any such registration, Chevron may refuse to register your account if you provide an email address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; or that Chevron rejects for any other reason in Chevron’s sole discretion.

Chevron may contact you through the email address you have provided regarding the FLEET TAB and Services, and for other purposes as may be mentioned in these Terms of Use and the Privacy Statement. You are solely responsible for keeping your password secure and confidential.

By accessing the FLEET TAB, you represent and warrant that all information provided in connection with the registration and use of the account in the FLEET TAB (“Account”) are true, accurate and not misleading. You further agree that:

• you will not create more than one Account for the FLEET TAB;
• you will not share your password or allow any other person to access your Account, or otherwise do anything that may or will violate the security of your Account;
• you will keep all information provided by you through the FLEET TAB up to date and accurate;
• you acknowledge that these Terms of Use and/or the Privacy Statement may be revised, and you agree to stay informed of such changes;
• you will not transfer your Account to any other person without prior permission from Chevron.

You are responsible for the use of your Account and all activities that are carried out through the Account, whether authorized or unauthorized. You must also notify Chevron immediately if you become aware of any unauthorized use of or access to your Account.

3. Services

With your permission and subject to applicable law, Chevron may offer and provide the following services (“Services”) through the FLEET TAB:

• location and route services – using the FLEET TAB to determine the location of all the drivers who are enrolled in the Caltex FLEET TAB program;
• notification – specific notifications, either via email and/or SMS, to the users or drivers depending on how it has been setup in the system by your company’s admin user. Example of these notifications are vehicle maintenance services, GPS unit not functioning, among others;
• StarCard data – if your company uses Caltex StarCard, some of the fuel related data will be incorporated in the FLEET TAB for you to access your fuel usage reporting and fraud detection;
• contact Chevron for any enquiry purposes;
• any other services as Chevron may introduce through the FLEET TAB from time to time.

Further, Chevron may at any time and from time to time introduce updates, enhancements, changes or new features to the Services. Any such changes or new features introduced will be subject to these Terms of Use.

If and when you use the Services, Chevron will be able to obtain data about the  location and route of drivers enrolled in the program through the FLEET TAB. If you do not wish to allow or enable Chevron to do so, you should de-activate the location services functionality for the relevant Service(s), in which case you will not be able to use such Service(s).

4. FLEET TAB and Account Security

You are prohibited from violating, or attempting to violate, the security of this FLEET TAB and your Account. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the FLEET TAB or your Account including the following but are not limited to:

• logging into or attempting to log into a server or user account that you are not authorized to access;
• accessing data or taking any action to obtain data, information or services not intended for you or your use;
• attempting to probe, scan or test the vulnerability of any system, network or user account;
• tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
• circumventing any system or mechanism in the FLEET TAB that is designed and intended to limit your access to areas within, or components of, the FLEET TAB;
• transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with the FLEET TAB’s or any user account’s functionality or operation;
• using the FLEET TAB in a manner or committing any act which is detrimental to, or in violation of, Chevron’s or a third party’s systems or network security, or which could otherwise damage or impair the servers or networks used by the FLEET TAB or by other users of the FLEET TAB;
• interfering with service to, or engaging in any denial of service attack of, the FLEET TAB, any user, host or network including, without limitation by means of overburdening or “flooding,” any computer system; and
• all other violations of similar nature.

5. Accessing and Using the FLEET TAB

You acknowledge that the availability of the FLEET TAB is dependent on the third-party platform from which you download it (for example, Apple App Store or Google Play Store). Each of these platforms may have its own terms and conditions for the downloading, installation and use of the FLEET TAB, and you agree that it is your responsibility to ensure compliance with such terms and conditions.

In accessing and using this FLEET TAB, you must not:

• post, send or otherwise transmit to or through the FLEET TAB any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that Chevron in its sole discretion does not wish to be posted or transmitted on the FLEET TAB;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
• misrepresent your identity or affiliation in any way;
• engage in deceptive online marketing;
• violate any applicable laws or regulations;
• use the FLEET TAB in a manner that would violate these Terms of Use or any policy posted in the “About” or others section(s) of the FLEET TAB; or
• assist or permit any persons in engaging in any of the activities described above or any other activity similar thereto.

Chevron may, at any time without prior notice, restrict, block, suspend or disable your access to all or some parts of the FLEET TAB or Services, and/or edit or remove any content within the FLEET TAB including any material which in Chevron’s reasonable opinion may give rise to a breach, or be in violation of these Terms of Use or any applicable law, or which Chevron considers in its sole discretion might be otherwise offensive, harmful or objectionable.

6. User Information

You must exercise caution, good sense and sound judgment in using the FLEET TAB. You are responsible for any material or information you place on or transmit to or through the FLEET TAB. You agree, represent and warrant that any information you post to or transmit through the FLEET TAB is truthful, accurate, complete, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

7. Copyright

Subject to your compliance with these Terms of Use, Chevron grants you a non- transferable, non-exclusive, non-sublicensable, royalty free licence to install, view, use and access the FLEET TAB in Malaysia solely for your legitimate business purposes (which excludes seeking to commercialise the FLEET TAB or Services) and as authorised by Chevron or (where applicable) our third-party licensors.

All content included on this FLEET TAB such as text, graphics, logos, buttons, icons, images, video clips, audio clips, software and the like are the properties of Chevron, its content suppliers and/or vendors and is protected by the laws of the country applicable in each specific context and international copyright laws. The compilation (collection, arrangement, and assembly) of all content on this FLEET TAB is the exclusive property of Chevron and is protected by the laws of the country applicable in each specific context and international copyright laws. No material from this FLEET TAB may be copied, reproduced, republished, modified, adapted, uploaded, posted, transmitted, or distributed in any way without prior written permission of the copyright owner. Modification of the materials or use of the materials for any other purpose is a violation of Chevron’s copyright and other proprietary rights. Prior written permission for all other uses of materials contained herein, including reproducing and distributing copies, or framing of any part of this FLEET TAB on another website, must be obtained from Chevron in advance. Requests for such authorization should be sent via email to Chevron. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Chevron.

All software used or made available on this FLEET TAB is the property of Chevron or its software suppliers and is protected by the laws of the country applicable in each specific context and international copyright laws. In the event that you are permitted by Chevron to download and you download software from the FLEET TAB, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Chevron subject to any terms of use accompanying the Software. Chevron does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Chevron retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, modify, adapt, decompile, reverse engineer, disassemble or otherwise reduce the FLEET TAB or Software to a human-perceivable form, except to the extent permitted by applicable law and subject to prior written consent from Chevron of such activities.

8. Trademarks

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Chevron or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

9. Termination

Chevron may terminate these Terms of Use at any time by providing 30 days’ prior written notice to the email address you provided for your Account (as may be updated by you).

In addition, Chevron may immediately and without notice terminate these Terms of Use or suspend or cancel your access to your Account and/or all or any part of the FLEET TAB and/or the Services, and restrict your further access to your Account and/or all or any part of the FLEET TAB and/or the Services, if:

• you commit any breach or violation of these Terms of Use and/or the Agreement;
• you fail to make any payment due and payable to Chevron under these Terms, for the Services, or any agreement between you and Chevron; or
• you have demonstrated any behaviour (including through your actions or statements) that indicates your intention not to comply with these Terms of Use.

Upon termination of these Terms of Use, Chevron shall have the right to deactivate or delete your Account and all data and content provided by you or about you.

Chevron further reserves the right to seek all remedies available by law and in equity for any violation by you of these Terms of Use. Any rights not expressly granted herein are reserved by Chevron.

10. Third-Party Software and Services

The FLEET TAB may contain various third-party software components and services. By using the FLEET TAB, you agree and consent to Chevron’s use of these third-party software components and services. You are also agreeing to any applicable terms of use, licenses or privacy policies related to that third-party software component and service. A breach of those terms of use, licenses or privacy policies shall be deemed a breach of these Terms of Use. By using the FLEET TAB, you (i) expressly relieve Chevron from any and all liability arising from your use of any third-party components or services embedded in the FLEET TAB, and (ii) agree that, with respect to the third-party components and services and to the maximum extent permitted by applicable law, Chevron is not responsible for the manner in which your data is processed.

11. Links

The FLEET TAB may contain links to other non-Chevron websites. These links are for convenience only and may not be current or be maintained. Certain of these linked websites or FLEET TAB may make use of Chevron proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from Chevron. Chevron is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website or FLEET TAB. In addition, providing links to these sites or other FLEET TABs should not be interpreted as endorsement or approval by Chevron of the organizations sponsoring the sites or FLEET TAB, or their products or services.

12. Jurisdictional Issues

FLEET TAB is operated by a third party engaged by Chevron. Chevron makes no representation that materials in the FLEET TAB are appropriate or available for use in other locations or geographies. Those who choose to access the FLEET TAB from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Access to this FLEET TAB from jurisdictions where the contents of this FLEET TAB are illegal or penalized is prohibited. The FLEET TAB and the software contained therein is further subject to United States and Singapore export controls. No data, information or software from the FLEET TAB may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States, Singapore or Malaysia embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders; or (iii) prohibited under the Singapore Regulation of Import and Exports Act (Cap 272A) or Regulations. By downloading or using the FLEET TAB or Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Disclaimer

The FLEET TAB and Services are provided and made available “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Chevron disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. Chevron does not warrant that access to this FLEET TAB or the Services or to the functions contained in the FLEET TAB will be uninterrupted or error-free, that defects will be corrected, or that this FLEET TAB or the server that makes it available are free of viruses or other harmful components. Chevron does not make any representations or warranties regarding the use or the results of the use of the FLEET TAB in terms of their correctness, accuracy, currency, availability, reliability, or otherwise. Applicable law may not allow the exclusion of some or all implied warranties, so to the extent that such laws are applicable, part or all of the above exclusions may not apply to you.

Chevron has no obligation to monitor your access to or use of the FLEET TAB or Services but has the right to do so for the purpose of ensuring your compliance with these Terms of Use or to comply with applicable law or an order or requirement of a court or governmental agency.

Some features of the FLEET TAB may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the FLEET TAB or Services may require access through your mobile network, which may result in additional charges depending on your payment plan. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.

14. Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Chevron be liable for any compensatory, punitive, indirect, special or consequential damages that result from the use of, or the inability to use, the FLEET TAB or the Services, even if Chevron or a Chevron authorized representative has been advised of the possibility of such damages. Where applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall Chevron’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to Chevron, if any, for using this FLEET TAB.

15. Indemnity

You agree to indemnify, defend and hold Chevron, its affiliates and any of its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities in connection with this FLEET TAB and/or the Services.

16. Disclosure; Product Statements

This FLEET TAB contains information on products and services of Chevron and its related entities. While Chevron tries to ensure that all information on this FLEET TAB is accurate and current at the time of posting, all information on Chevron’s products and services on this FLEET TAB should not be relied on as definitive, final, current or complete, and you agree to contact Chevron directly for more detailed and updated information on its products and services.

17. General

These Terms of Use shall be governed by and construed in accordance with the laws of the Malaysia, without giving effect to any principles of conflicts of law. By accessing and/or using this FLEET TAB or the Services, you submit to the non-exclusive jurisdiction of the courts of Malaysia, to the exclusion of other courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No third party shall have any right to enforce any provision of these Terms of Use other than a permitted assignee or transferee. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing. 

No failure to exercise or delay in exercising any right, power or remedy under these Terms of Use operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

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Caltex Fleet Tab Terms of Use

IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS ON OUR LIABILITY TO YOU.

1. Acceptance of these Terms of Use

These Terms of Use apply to your access to and use of all or part of the Caltex FLEET TAB website or mobile application (“FLEET TAB”) of Chevron Philippines Inc. or any of its affiliated companies (“Chevron”). By clicking “I agree” or by accessing and/or using this FLEET TAB and/or any of the Services (as defined below in Section 3), you agree to be bound by these Terms of Use and all terms incorporated by reference. If you do not agree to these Terms of Use, you may be restricted from using this FLEET TAB and its Services.

These Terms of Use shall be effective upon your acceptance of and agreement to them (either by clicking “I agree” or when you first access this FLEET TAB and/or use any of the Services).

As used throughout this FLEET TAB and these Terms of Use, the term “Chevron” and such terms as “the company,” “legal entity,” “the corporation,” “our,” “we” and “us” may refer to Chevron Philippines Inc., or one or more or all of Chevron’s related corporations and/or affiliates. All these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs. The term “You” or “your” means you personally (i.e. the individual who reads and agrees to be bound by these terms), and if you access the FLEET TAB on behalf of a company or other legal entity (including, but not limited to, a partnership or LLP), collectively, you and such company or other legal entity on whose behalf you access the FLEET TAB.

Chevron reserves the right to modify, update, replace, or change any or all of these Terms of Use or its policies relating to the Services at any time and from time to time, by posting an updated or revised version within the FLEET TAB portal. Any modification, update, replacement, or change to the Terms of Use or any policy relating to the Services shall be effective upon posting the updated or revised version. Although Chevron will endeavour to highlight material updates or changes to these Terms of Use, it is your responsibility to review these Terms of Use regularly to ensure your awareness of the updated terms as they will be binding on you and your use of the FLEET TAB and Services. Your continued use of, or access to, the FLEET TAB and/or the Services will be deemed to constitute your agreement to and acceptance of such changes. If you do not agree to any update or change, you must immediately cease using and accessing the FLEET TAB and the Services.

Further, Chevron may at any time and from time to time introduce updates, enhancements, changes or new features to the FLEET TAB. Any such changes or new features introduced will be subject to these Terms of Use.

In using the FLEET TAB, you and/or your company’s management take full responsibility in providing privacy notices and obtaining consent as required by applicable privacy law.  Not in limitation or in lieu of the following, you specifically agree to inform and explain to your drivers that their vehicles will be enrolled in the Application and their vehicle routes and geolocations, will be collected as part of delivering the functionalities of the Application.

2. Access to Account

These Terms of Use shall supplement the agreement with Chevron Philippines Inc. to subscribe to the Caltex FLEET TAB program (“Agreement”). In order to access and use the Application and Services, you must set up and register a user account (“Account“) with the application once you have received a notification FLEET TAB to setup your password. Your login credentials for the mobile application will be the same as your credentials for the FLEET TAB web version. With respect to any such registration, Chevron may refuse to register your account if you provide, an email address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; or that Chevron rejects for any other reason in Chevron’s sole discretion.

Chevron may contact you through the email address you have provided regarding the FLEET TAB and Services, and for other purposes as may be mentioned in these Terms of Use and the Privacy Statement. You are solely responsible for keeping your password secure and confidential.

By accessing the FLEET TAB, you represent and warrant that all information provided in connection with the registration and use of the Account are true, accurate and not misleading. You further agree that:

• you will not create more than one Account for the FLEET TAB;
• you will not share your password or allow any other person to access your Account, or otherwise do anything that may or will violate the security of your Account;
• you will keep all information provided by you through the FLEET TAB up to date and accurate;
• you acknowledge that these Terms of Use and/or the Privacy Statement may be revised, and you agree to stay informed of such changes;
• you will not transfer your Account to any other person without prior permission from Chevron.

You are responsible for the use of your Account and all activities that are carried out through the Account, whether authorized or unauthorized. You must also notify Chevron immediately if you become aware of any unauthorized use of or access to your Account.

3. Services

With your permission and subject to applicable law, Chevron may offer and provide the following services (“Services”) through the FLEET TAB:

• location and route services – using the FLEET TAB to determine the location of all the drivers who are enrolled in the Caltex FLEET TAB program;
• notification – specific notifications, either via email and/or SMS, to the users or drivers depending on how it has been setup in the system by your company’s admin user. Example of these notifications are vehicle maintenance services, GPS unit not functioning, among others;
• StarCard data – if your company uses Caltex StarCard, some of the fuel-related data will be reflected in the FLEET TAB for possible fraud detection and fuel usage reporting;
• contact Chevron for any inquiry purposes;
• any other services Chevron may introduce through the FLEET TAB from time to time.

Further, Chevron may at any time and from time to time introduce updates, enhancements, changes or new features to the Services. Any such changes or new features introduced will be subject to these Terms of Use.

If and when you use the Services, Chevron will be able to obtain data about the location and route of drivers enrolled in the program through the FLEET TAB. If you do not wish to allow or enable Chevron to do so, you should deactivate the location services functionality for the relevant Service(s), in which case you will not be able to use such Service(s).

4. FLEET TAB and Account Security

You are prohibited from violating or attempting to violate the security of this FLEET TAB and your Account. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the FLEET TAB or your Account including the following but are not limited to:

• logging into or attempting to log into a server or user account that you are not authorized to access;
• accessing data or taking any action to obtain data, information or services not intended for you or your use;
• attempting to probe, scan or test the vulnerability of any system, network or user account;
• tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
• circumventing any system or mechanism in the FLEET TAB that is designed and intended to limit your access to areas within, or components of, the FLEET TAB;
• transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with the FLEET TAB’s or any user account’s functionality or operation;
• using the FLEET TAB in a manner or committing any act which is detrimental to, or in violation of, Chevron’s or a third party’s systems or network security, or which could otherwise damage or impair the servers or networks used by the FLEET TAB or by other users of the FLEET TAB;

• interfering with service to, or engaging in any denial of service attack of, the FLEET TAB, any user, host or network including, without limitation by means of overburdening or “flooding,” any computer system; and
• all other violations of similar nature.

5. Accessing and Using the FLEET TAB

You acknowledge that the availability of the FLEET TAB is dependent on the third-party platform from which you download it (for example, Apple App Store or Google Play Store). Each of these platforms may have its own terms and conditions for the downloading, installation and use of the FLEET TAB, and you agree that it is your responsibility to ensure compliance with such terms and conditions.

In accessing and using this FLEET TAB, you must not:

• post, send or otherwise transmit to or through the FLEET TAB any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that Chevron in its sole discretion does not wish posted or transmitted on the FLEET TAB;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
• misrepresent your identity or affiliation in any way;
• engage in deceptive online marketing;
• violate any applicable laws or regulations;
• use the FLEET TAB in a manner that would violate these Terms of Use or any policy posted in the “About” or others section(s) of the FLEET TAB; or
• assist or permit any persons in engaging in any of the activities described above or any other activity similar thereto.

Chevron may, at any time without prior notice, restrict, block, suspend or disable your access to all or some parts of the FLEET TAB or Services, and/or edit or remove any content within the FLEET TAB including any material which, in Chevron’s reasonable opinion, may give rise to a breach, or be in violation of these Terms of Use or any applicable law, or which Chevron considers in its discretion might be otherwise offensive, harmful or objectionable.

6. User Information

You must exercise caution, good sense and sound judgment in using the FLEET TAB. You are responsible for any material or information you place on or transmit to or through the FLEET TAB. You agree, represent and warrant that any information you post to or transmit through the FLEET TAB is truthful, accurate, complete, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

7. Copyright

Subject to your compliance with these Terms of Use, Chevron grants you a non- transferable, non-exclusive, non-sublicensable, royalty free license to install, view, use and access the FLEET TAB in the Philippines solely for your legitimate business purposes (which excludes seeking to commercialise the FLEET TAB or Services) and as authorised by Chevron or (where applicable) our third-party licensors.

All content included on this FLEET TAB such as text, graphics, logos, buttons, icons, images, video clips, audio clips, software and the like are the properties of Chevron, its content suppliers and/or vendors, and is protected by the laws of the country applicable in each specific context and international copyright laws. The compilation (collection, arrangement, and assembly) of all content on this FLEET TAB is the exclusive property of Chevron and is protected by the laws of the country applicable in each specific context and international copyright laws. No material from this FLEET TAB may be copied, reproduced, republished, modified, adapted, uploaded, posted, transmitted, or distributed in any way without prior written permission of the copyright owner. Modification of the materials or use of the materials for any other purpose is a violation of Chevron’s copyright and other proprietary rights. Prior written permission for all other uses of materials contained herein, including reproducing and distributing copies, or framing of any part of this FLEET TAB on another website, must be obtained from Chevron in advance. Requests for such authorization should be sent via email to Chevron. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Chevron.

All software used or made available on this FLEET TAB is the property of Chevron or its software suppliers and is protected by the laws of the country applicable in each specific context and international copyright laws. In the event that you are permitted by Chevron to download and you download software from the FLEET TAB, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Chevron subject to any terms of use accompanying the Software. Chevron does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Chevron retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, modify, adapt, decompile, reverse engineer, disassemble or otherwise reduce the FLEET TAB or Software to a human-perceivable form, except to the extent permitted by applicable law and subject to prior written consent from Chevron of such activities.

8. Trademarks

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Chevron or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

9. Termination

Chevron may terminate these Terms of Use at any time by providing 30 days prior written notice to the email address you provided for your Account (as may be updated by you).

In addition, Chevron may immediately and without notice terminate these Terms of Use or suspend or cancel your access to your Account and/or all or any part of the FLEET TAB and/or the Services, and restrict your further access to your Account and/or all or any part of the FLEET TAB and/or the Services, if:

• you commit any breach or violation of these Terms of Use and/or the Agreement;
• you fail to make any payment due and payable to Chevron under these Terms or for the Services, or any agreement between you and Chevron; or
• you have demonstrated any behaviour (including through your actions or statements) that indicates your intention not to comply with these Terms of Use.

Upon termination of these Terms of Use, Chevron shall have the right to deactivate or delete your Account and all data and content provided by you or about you.

Chevron further reserves the right to seek all remedies available by law and in equity for any violation by you of these Terms of Use. Any rights not expressly granted herein are reserved by Chevron.

10. Third-Party Software and Services

The FLEET TAB may contain various third-party software components and services. By using the FLEET TAB, you agree and consent to Chevron’s use of these third-party software components and services. You are also agreeing to any applicable terms of use, licenses or privacy policies related to that third-party software component and service. A breach of those terms of use, licenses or privacy policies shall be deemed a breach of these Terms of Use. By using the FLEET TAB, you (i) expressly relieve Chevron from any and all liability arising from your use of any third-party components or services embedded in the FLEET TAB, and (ii) agree that, with respect to the third-party components and services and to the maximum extent permitted by applicable law, Chevron is not responsible for the manner in which your data is processed.

11. Links

The FLEET TAB may contain links to other non-Chevron websites. These links are for convenience only and may not be current or be maintained. Certain of these linked websites or FLEET TAB may make use of Chevron proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from Chevron. Chevron is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website or FLEET TAB. In addition, providing links to these sites or other FLEET TABs should not be interpreted as endorsement or approval by Chevron of the organizations sponsoring the sites or FLEET TAB, or their products or services.

12. Jurisdictional Issues

FLEET TAB is operated by a third party engaged by Chevron.   Chevron makes no representation that materials in the FLEET TAB are appropriate or available for use in other locations or geographies. Those who choose to access the FLEET TAB from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Access to this FLEET TAB from jurisdictions where the contents of this FLEET TAB are illegal or penalized is prohibited. The FLEET TAB and the software contained therein is further subject to United States and Singapore export controls. No data, information or software from the FLEET TAB may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States or Singapore embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders; or (iii) prohibited under the Singapore Regulation of Import and Exports Act (Cap 272A) or Regulations. By downloading or using the FLEET TAB or Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Disclaimer

The FLEET TAB and Services are provided and made available “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Chevron disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. Chevron does not warrant that access to this FLEET TAB or the Services or to the functions contained in the FLEET TAB will be uninterrupted or error-free, that defects will be corrected, or that this FLEET TAB or the server that makes it available are free of viruses or other harmful components. Chevron does not make any representations or warranties regarding the use or the results of the use of the FLEET TAB in terms of their correctness, accuracy, currency, availability, reliability, or otherwise. Applicable law may not allow the exclusion of some or all implied warranties, so to the extent that such laws are applicable, part or all of the above exclusions may not apply to you.

Chevron has no obligation to monitor your access to or use of the FLEET TAB or Services but has the right to do so for the purpose of ensuring your compliance with these Terms of Use or to comply with applicable law or an order or requirement of a court or governmental agency.

Some features of the FLEET TAB may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the FLEET TAB or Services may require access through your mobile network, which may result in additional charges depending on your payment plan. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.

14. Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Chevron be liable for any compensatory, punitive, indirect, special or consequential damages that result from the use of, or the inability to use, the FLEET TAB or the Services, even if Chevron or a Chevron authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall Chevron’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to Chevron, if any, for using this FLEET TAB.

15. Indemnity

You agree to indemnify, defend and hold Chevron, its affiliates and any of its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities in connection with this FLEET TAB and/or the Services.

16. Disclosure; Product Statements

This FLEET TAB contains information on products and services of Chevron and its related entities. While Chevron tries to ensure that all information on this FLEET TAB is accurate and current at the time of posting, all information on Chevron’s products and services on this FLEET TAB should not be relied on as definitive, final, current or complete, and you agree to contact Chevron directly for more detailed and updated information on its products and services.

17. General

These Terms of Use shall be governed by and construed in accordance with the laws of the Philippines, without giving effect to any principles of conflicts of law. By accessing and/or using this FLEET TAB or the Services, you submit to the non-exclusive jurisdiction of the courts in Makati City, to the exclusion of other courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No third party shall have any right to enforce any provision of these Terms of Use other than a permitted assignee or transferee. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing. 

No failure to exercise or delay in exercising any right, power or remedy under these Terms of Use operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

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