EG America Terms of Use
Effective Date: May 24, 2021
BY ACCESSING OR USING THE PLATFORM YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS.
If you are accepting or agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that entity to the Terms.
IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE APP OR SERVICES.
1. About the Terms
2. About the Platform
3. Accounts and Other Use of Services
4. Payment Terms
5. User Conduct Guidelines
6. Intellectual Property Ownership
7. Third Party Terms
8. Warranties, Disclaimers, Limitation of Liability & Indemnification
9. Governing Law & Dispute Resolution
10. Miscellaneous
1. ABOUT THE TERMS
1.1 Key Terms
As used in these Terms of Use:
• “App” refers to the downloadable mobile application owned and operated by Company through which access to the Services is available. References to the “App” include any and all features, functionality, tools and content available on or through the application including, without limitation SmartPay Rewards℠ and SmartPay Business™, and/or Fastrac Business.
• “Company,” “we,” or “us” refer to collectively EG America, LLC, our subsidiaries, our affiliate, and related banners including Certified Oil, Cumberland Farms, Fastrac, Kwik Shop, Loaf’ N Jug, Minit Mart, Quick Stop, Tom Thumb and Turkey Hill, and our respective officers, directors, employees, contractors and agents.
• “Linked Users” refers to individuals that you designate as sub-accounts (secondary account holders) to access and use your SmartPay Rewards℠ account.
• “Platform” refers, collectively, to the Website, App, cards, POS key pads, and any and all other technology through which Company provides the Services.
• “Services” refers to the payment, reward, discount, and loyalty programs provided by Company and its service providers, and any and all related services and promotions, either on or offline.
• “Users” means any and all persons that access or use the Platform. References to “access” and/or “use” of the Platform (and any variations thereof) include the acts of accessing or browsing the App, and accessing or using the Website.
• “Website” refers to collectively the websites owned or operated by Company (including the websites currently located at EG America, Certified Oil, Cumberland Farms, Fastrac Cafe, Kwik Shop, Loaf ‘N Jug, Minit Mart, Quik Stop, Tom Thumb, Turkey Hill, and SmartPay Rewards), through which access to the Services is available. References to the “Website” include any and all features, functionality, tools, and content available on or through each such website.
1.2 Platform and Service Rules and Supplemental Terms
Your access to and use of the Platform and Services are governed by the terms and conditions of these Terms of Use, our Privacy Notice, currently located on the Website (as described in more detail below), any and all other policies and rules referenced herein, posted on the Platform, or otherwise communicated to Users (the “Platform Rules”).
Certain of the features, functionality, tools, content and promotions available on or through the Platform may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you choose to access or use those features, functionality, tools or content or participate in those promotions, the applicable Supplemental Terms are also incorporated and deemed part of these Terms of Use.
If there is a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms will govern and control with respect to the applicable features, functionality, tools, content and promotions.
PLEASE READ THESE TERMS OF USE, OUR PRIVACY NOTICE, PLATFORM RULES AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE PLATFORM. FOR EXAMPLE, THE TERMS INCLUDE:
• IMPORTANT INFORMATION ABOUT THE FUNCTIONAL LIMITATIONS OF THE PLATFORM AND/OR THE SERVICES;
• YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
• LIMITATIONS OF OUR LIABILITY TO YOU; AND
• A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
1.3 Amendment of Terms
Company reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. By continuing to use the Platform and Services after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. This provision is subject to a few limitations in the “Dispute Resolution” section below. If the amended Terms are not acceptable to you, your only recourse is to stop using the Platform and Services.
No other modification, amendment, supplement of or to the Terms will be binding on Company unless it is in writing and signed by an authorized representative of Company.
1.4 Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Platform and/or Services, and may subject you to civil and criminal penalties.
2. ABOUT THE PLATFORM
2.1 License to Use
Subject to your compliance with the Terms, Company grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Platform and Services, including the right to download and install a copy of the App on each mobile device that you own or control, for your own personal or internal use only, and not for use for any external business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Platform and Services as provided by Company, in the manner permitted by the Terms.
2.2 Acknowledgements
YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT:
THE APP AND CERTAIN FEATURES AND FUNCTIONALITIES OF THE PLATFORM ARE ONLY AVAILABLE FOR USE AT PARTICIPATING COMPANY LOCATIONS.
COMPANY DOES NOT AND CANNOT GUARANTEE THAT THE PLATFORM WILL BE CONTINUOUS OR ERROR-FREE.
IF YOUR MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR OUR PLATFORM IS/ARE SUSPENDED, CANCELLED OR TERMINATED (E.G., AS A RESULT OF BILLING ISSUES OR OTHER BREACH), YOU MAY NOT BE ABLE TO USE SOME OR ALL OF THE PLATFORM.
YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR AND YOUR LINKED USERS’ USE OF THE PLATFORM AND SERVICES THROUGH YOUR ACCOUNT OR OTHERWISE. ABUSE OF THE SERVICES MAY SUBJECT YOU TO CIVIL AND CRIMINAL FINES AND PENALTIES.
2.3 Modifications and Updates to the Platform and Services
Company reserves the right, in its sole discretion, to modify or discontinue offering the Platform and/or Services, in whole or in part, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of any Platform content or use of any Services at our sole discretion at any time without prior notice to you.
We may from time to time develop and provide updates for the App, which may include upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively, “Updates”). Updates may also modify or delete features, functionality, tools or content in their entirety. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. Please promptly download and install all Updates. If you do not, portions of the App may not properly operate. All Updates will be deemed part of the App and be subject to all terms and conditions of the Terms.
You agree that Company has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.
2.4 International Users
The Platform is controlled and operated within the United States and is not intended for use outside of the United States. You are hereby prohibited from accessing or using the Platform from any territory where the Platform or any of the features, functionality, tools, content thereof, is illegal. If you choose to access the Platform from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
2.5 Credit Checks
For individual consumer Users, in order to use SmartPay Rewards℠, Users must pass a personal credit check conducted by the National Payment Card Association d/b/a Zipline.
2.6 Corporate Users
For business/fleet Users, in order to use the SmartPay Business™ App, Fastrac Fleet Services or Fastrac Business, business/fleet Users must receive credit approval from Company or a third party service provider through a separate credit application process. The credit application process includes a credit check and approval of the business/fleet, and is not a personal credit check and approval.
2.7 Rewards & Restricted Content
From time to time, Company may provide eligible customers opportunities to receive and participate, through the Platform or otherwise, certain coupons, clubs, rewards, member pricing, discounts, promotional messages or similar content related to specific products sold by Company (“Rewards”), including but not limited to opt-in/opt-out opportunities for age-restricted products such as alcohol or tobacco (“Restricted Content”), which opportunities may be exclusive to a particular Platform User or subset of Users. A determination of eligibility for Rewards may be based upon information provided to Company through your enrollment and use of the Platform and/or Services, such as information about your age, your state of residence, and your purchase history, such as that related to the Rewards or Restricted Content. By using the Platform, you consent to such Rewards opportunities, including opt-in/opt-out Restricted Content, upon a determination of eligibility in the sole discretion of Company.
3. ACCOUNTS AND OTHER USE OF SERVICES
3.1 Account Registration
While certain areas of the Platform are publicly available, you must register for a User account before you are able to use most of the Services (as determined by the Company). You may register to create an account directly via the App or Website. You may not register for an account on behalf of any person (other than yourself).
Your account and account profile page will be created based upon the information you provide to us. You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date.
When you create your account, you will be asked to create a password or PIN, which you will be solely responsible for safeguarding. We encourage you to use “strong” passwords or PINs (passwords or PINs that use a combination of upper and lower case letters, numbers and symbols) with your Company account or any other account that you may connect to your Company account. You agree not to disclose your password or PIN to any third party, and you agree to immediately notify Company of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, including by your Linked Users, whether or not you have authorized such activities or actions. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
For corporate Users, designated administrators will set up a primary account, and will designate the individuals who are eligible to sign up for subaccounts. Administrators for each User will have access to manage and view activities associated with the subaccounts registered to that User. (For simplicity, both accounts and subaccounts will be referred to hereafter as “accounts”).
You may designate Linked Users at any time. Unlike primary account-holder Users that must be eighteen (18) years of age or older, Linked Users must be sixteen (16) years of age or older at the time of registration. All activities conducted by Linked Users in connection with your account shall be deemed your activity for the purpose of these Terms. While certain Linked Users may also be independent Users of the Platform, all activities by Linked Users when acting as a secondary account holder for your account will be tied to your account including, without limitation, access to any available funds and promotional credits.
3.2 Account and Services Suspension and Cancellation
You may cancel your account at any time.
We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your account and/or take technical and legal steps to prevent you from using our Platform and Services at any time for any reason. Company reserves the right to suspend or terminate your account or your access to the Platform or the Services if you create more than one account, or if any information provided during the registration process or thereafter or your use of the Services is determined to be incomplete, inaccurate, out dated, deceptive or fraudulent.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel accounts of Users who fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the “General User Conduct” section below and elsewhere in the Terms.
If Company has suspended your account or your use of the Services due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Company’s reasonable satisfaction.
Notwithstanding any contrary provision of these Terms, all disputes, claims, controversies and matters relating to or in connection with these Terms