IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY
Nothing in this material is intended to override the corporate separateness of local entities. Working relationships discussed in this material do not necessarily represent a reporting connection, but may reflect a functional guidance, stewardship, or service relationship. Where shareholder consideration of a local entity matter is contemplated by this material, responsibility for action remains with the local entity.
ExxonMobil Hong Kong Limited has numerous affiliates, many with names that include ExxonMobil, Exxon, Esso and Mobil. For convenience and simplicity in this Web site, those terms and terms like "corporation", "company", "our", "we" and "its" are sometimes used as abbreviated references to specific affiliates or affiliate groups. Abbreviated references describing global or regional operational organizations and global or regional business lines are also sometimes used for convenience and simplicity. Similarly, ExxonMobil has business relationships with thousands of customers, suppliers, governments, and others. For convenience and simplicity, words like venture, joint venture, partnership, co-venturer, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
1/ Changes and Special Additional Terms and Conditions
EMHK may revise the General Terms at any time without notice. You should revisit the Site periodically to make sure you are aware of the most recent General Terms because they will be binding on you. Your use of the Site or Services after such changes constitutes your agreement to such changes.
You are advised to check each page you visit on the Site. Some locations may have special additional terms and conditions that apply to use of or interaction with that location. These terms and conditions may also be changed at any time without notice. Your use of that location constitutes your acceptance of those special additional terms and conditions.
2/ Use of the Site
Site Security. You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:
- Logging into or attempting to log into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services not intended for you or your use;
- Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
- Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the Site or Services;
- Interfering with, intercepting or expropriating any system, data or information; or
- Interfering with service to any user, host, or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system.
- "Spam" and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).
- Infringement. You are prohibited from using the Site or Services to infringe on any person's copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.
Other Prohibited Actions. In using the Site or Services, you must not:
- Post, e-mail, or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person's privacy or other rights, or any material that EMHK in its sole discretion does not wish posted or transmitted on the Site and Services;
- Continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you;
- Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability;
- Engage in conduct which could damage or impair the intended operability of the Site or the Services;
- Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;
- Engage in deceptive on-line marketing; or
- Assist or permit any persons in engaging in any of the activities described above.
- Your Content. You must exercise caution, good sense and proper judgment in using the Site and Services. You are responsible for any material you place on or transmit to or through the Site or Services. You agree, represent and warrant that any information you post to or transmit through the Site or Services is truthful, accurate, 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, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.
- You agree that use of any information obtained via the Site or Services is at your own risk.
- Consequences of Unacceptable Use. We reserve the right (but not the obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site and Services upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities which violate this Agreement if such use of another company's service could reasonably be expected to adversely affect the Site and Services in any manner.
- No Licensing. By your use of the Site or the Services you receive no license, express or implied, under any patent rights or trade secret rights now or hereafter, owned, controlled or possessed by EMHK.
- Linking. You may not link to the Site, other than to the home page, without prior written permission from EMHK. You may download and print one copy of content on the Site for your personal non-commercial use, or in connection with your purchase of any EMHK products, provided that you leave any copyright or trademark information intact and unchanged. Other than as specifically set out in this paragraph you may not copy (whether by printing off on to paper, storing on disk, placing on another site, downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way any portion of the Site.
3/ Trademark and Copyright
ExxonMobil and certain other brands, trademarks and services marks are marks of Exxon Mobil Corporation and its affiliates. Not all marks of Exxon Mobil Corporation or its affiliates will appear on the Site and not all products or services listed on the Site are available for sale in every country. Some products or services may be marketed under local trademarks in specific countries. Marks of third parties may appear on the Site when referring to those entities or their products or services.
The user may forward, distribute, and/or photocopy copyrighted materials located on the Site only if the entire relevant page or document is unaltered and complete, including all of their headers, footers, disclaimers, and other information. You may not copy these materials to a Web site, or otherwise copy the materials in any form for any reason, except as expressly authorized in the General Terms.
4/ Privacy Statement
Information and Uses
To register on the Site, you may be asked to provide certain relevant personally identifiable information (including your surname, title, Esso Smiles Card or Esso Smiles linked Credit Card number, electronic mail address, mobile phone number, car type and where these are provided voluntarily, your first name, date of birth and license plate number) ("Personal Information") which EMHK needs to process your registration request. Failure to supply such Personal Information may result in EMHK being unable to accept or continue to maintain your relevant registration.
When someone visits the Site, our web servers automatically gather information that allows the Site to communicate with the visitor's computer during the visit. We also track such information as the number of visits to the Site, which parts of the Site visitors select, IP address (the Internet address assigned to your computer from your Internet Service Provider), domain type, browser type (e.g., Netscape or Internet Explorer), date and time of day. We use those types of information for statistical purposes that help us design and administer the Site. Those types of information do not disclose Personal Information that would permit us to identify or locate individual visitors.
Privacy concerns focus on Personal Information, that is, information that could identify a specific individual such as names, addresses and e-mail addresses. If during your visit you personalize the Site, complete an order form, enter a contest, or submit other information to us, you may provide us with Personal Information. We may collect and use that Personal Information to provide you with products or services, to bill you for products and services you request, to market product and services which we think may be of interest to you, or to communicate with you for other purposes.
As explained below in the section on "Dissemination of Information to Third Parties", we do not distribute or sell Personal Information to third parties for the purpose of allowing them to market their products and services to you; moreover, as explained in the "Opt Out/Modify Information" section, we will make reasonable efforts to remove your Personal Information from our database within a reasonable time in such a way that you will not receive future communications from us. If you notify us that Personal Information previously submitted to the Site is no longer accurate, and it is practical, we will make reasonable efforts to make appropriate corrections.
Information Placed on Your Computer
We may store some information (commonly known as a "cookie") on your computer when you look at or use the Site. This information facilitates customizing your use of the Site and ensures that you do not need to re-enter your details every time you visit it. You can erase or block this information from your computer if you want to. (Your "help" screen or user manual should tell you how to do this.)
We use third-party advertising technology to provide advertisements when you visit sites upon which we advertise. This technology will not process any information that can be used to personally identify you, that is it will not include your name, address, or other personal information. When you access an advertisement, a "cookie" file will be stored on your computer. This information is used to help manage our on-line advertising.
Information from Children
The Site contains information that may be of special interest to children, but EMHK does not seek through the Site to gather Personal Information from or about persons under the age of 18.
Dissemination of Information to Third Parties
Communicating via the Internet and sending information, products, and services to you by other means necessarily involves your Personal Information passing through or being handled by third-parties, but EMHK does not sell or distribute your Personal Information to third parties for purposes of allowing them to market their products and services to you.
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, deliveries, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. Your Personal Information may be transferred to them for them to have access to the Personal Information needed to perform their functions, but they may not use it for other purposes.
Personal Information collected by EMHK may be transferred among its various divisions and affiliated companies around the world. By submitting data on the Site, the visitor is providing explicit consent to these transfers, including transborder transmission of data covered by this Privacy Statement.
EMHK does not seek any sensitive information from visitors to the Site, unless legally required to do so, for example, in connection with recruiting or hiring. Sensitive information includes a number of types of data relating to: race or ethnic origin, political opinions, religious or other similar beliefs, trade union membership, physical or mental health, sexual life or criminal record. We suggest that you do not provide sensitive information of this nature. However, if you do provide such information, EMHK accepts your explicit consent to use that data in the ways described in this Privacy Statement or in the ways described at the point where such information is disclosed.
Opt Out/Modify Information
You can request the removal of your Personal Information from our database so you will not receive future communications by sending a letter or e-mail to EMHK at the addresses listed below under "Contacting EMHK". You can also modify your Personal Information that we have previously gathered by sending such a letter or e-mail.
Conditions of Use, Notices and Revisions
If you choose to visit the Site, your visit and any dispute over privacy is subject to this Privacy Statement and the General Terms, including any limitations on damages, arbitration of disputes and application of law provisions. We reserve the right to change this statement at any time without notice.
5/ No Warranty
The Site and Services are provided "As Is" and without warranties of any kind, whether express or implied, to the fullest extent permissible pursuant to applicable law. EMHK disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. EMHK does not represent or warrant that the functions or Services contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. EMHK does not make any warranties or representations regarding the use of contents of the Site or Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.
6/ Limitation of Liability
EMHK shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site, the Services or the contents on the Site or the performance of the Site, Services or products described on the Site, even if EMHK 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, so the above limitation or exclusion may not apply to you. If you are dissatisfied with any portion of the Site or the Services or with any of the General Terms, your sole and exclusive remedy is to discontinue using the Site and the Services.
7/ Non-Confidentiality of User Materials
You are not to transmit any material to or through the Site that you consider to be confidential or proprietary. Any material which you transmit to or through the Site will be considered non-confidential and non-proprietary. Except as expressly provided in the Privacy Statement or separate written agreement between you and EMHK, you give EMHK an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that EMHK has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas which you (and those who act on your behalf) transmit to or through the Site.
8/ Use of Third Party Web Sites
As a convenience, EMHK may provide links to Web sites operated by third parties. If you decide to access a third party's Web site through a link provided by the Site, you do this at your sole risk. EMHK is not responsible for any viruses or other damaging elements encountered in linking to a third party Web site. EMHK makes no warranty or representation regarding, and is it not responsible for, the linked Web sites or the content of such Web sites.
9/ User Communications Areas
The Site may contain areas where users communicate with each other, including but not limited to bulletin boards, calendars, chat areas, or personal web pages.
EMHK has the right but not the obligation to monitor or review any part of the Site or the Services including the user communication areas. However, EMHK shall have no liability related to the content of any communications made in these areas.
10/ Indemnity of Company
You agree to indemnify, hold harmless, and defend EMHK (including subsidiaries and affiliates of EMHK) as well as any of their officers, directors and employees, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your violation, or violation by any other person using your password or account, of the terms and conditions of this Agreement.
11/ Applicable Law and Dispute Resolution
The Site, including the General Terms, is governed by and shall be construed in all respects in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China ("Hong Kong"), without giving effect to any principles of conflicts of law.
All disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.
12/ Contacting EMHK
If you have any query, please contact:
ExxonMobil Hong Kong Limited
P.O.Box No. 12286, General Post Office, Hong Kong
Email Address: firstname.lastname@example.org
If any provision of the General Terms shall be unlawful, void or, for any reason, unenforceable, then those provisions shall be deemed severable and shall not affect the validity and enforceability or legality of the remaining provisions.
In the event of inconsistencies between the English and Chinese versions, the English version shall prevail.