Smiles Card terms and conditions

Membership

The Smiles Driver Rewards program ("Program") is proprietary to Mobil Oil Guam Inc. ("Mobil"). Acceptance of any person(s) into the Program shall be subject to the approval of Mobil. Once accepted by Mobil, participation by any such person ("Cardmember") in the Program shall be subject to the following terms and conditions. The Program shall only be valid within Guam ("Territory") and only at participating Mobil branded service stations ("Service Stations") situated within such Territory.
The Program and its terms and conditions, as amended from time to time in Mobil's sole discretion, shall be governed by the laws of the Territory and both Cardmember and Mobil agree to submit to the exclusive jurisdiction of the courts of the Territory.
Any person desiring to become a Cardmember must complete and submit an application in the form prescribed by Mobil. Mobil will then issue a Smiles Card ("Card"), without charge, the use of which shall at all times be subject to the terms and conditions contained herein and as amended from time to time. Applicants for the Card must be age 18 or over.
The Card is not a credit card or charge card and is non-transferable. The use of the Card is solely restricted to the person to whom the Card is issued (i.e. the Cardholder). The Card cannot be used for making purchases at the Service Stations or the convenience stores located therein and payment for all such purchases are to be made by cash or such other modes of payment which Mobil may allow at its absolute discretion at the cashiers of the Service Stations "Qualifying Purchases" shall mean such fuels as may be designated by Mobil from time to time at its absolute discretion for which points will be awarded under this Program ("Points") when such fuels are purchased at the Service Stations.
The Cardmember warrants and represents that the details and particulars contained in the application form referred to in Paragraph 4 above shall be true. Upon receipt of the Card, the Cardmember may commence using the Card for Qualifying Purchases for the purposes of accumulating Points under the Program, subject to the terms and conditions herein.
The Cardmember must notify Mobil promptly in writing of any changes to the information provided to Mobil in his/her Program application form. Mobil shall not be liable for any claims, demands, liabilities or actions arising out of or in connection with the Program or the use of the Card where such claims, demands, liabilities or actions would not have arisen but for the Cardmember's failure to notify Mobil of such changes.
The Card shall at all times remain the property of Mobil and must be surrendered to Mobil immediately upon request. Mobil may, at its sole discretion, terminate a membership, the Program or any Card at any time without notice or reason.
Lost, damaged or defective cards must be reported immediately to the Smiles Customer Service Center at 1-866-486-6696. If a Card is lost, Mobil may at its discretion issue a replacement Card at a cost of 100 Smiles Points, along with any delivery charges incurred. Where a Card is damaged or is defective, a replacement Card will be issued, at Mobil's discretion, to the Cardmember. Upon notification of loss, damage or defect, any Points accumulated using the lost, damaged or defective Card may, at Mobil's discretion, be credited to the replacement Card. Mobil shall not be held liable for the loss of any accumulated Points due to Card loss, damage or defect. Any fees and/or charges payable by the Cardmember in accordance with this Paragraph or with any other provisions herein may, at Mobil's discretion, be paid by way of deduction of such Points as are representative of the said fees and/or charges, as determined by Mobil from time to time, from the Points accumulated by the Cardmember.
A Cardmember may at any time terminate his/her membership by returning the Card, cut in half, to Mobil. In such an event, Mobil shall not be responsible or liable for any unredeemed Points which shall be forfeited upon such termination by Cardmember.
Use of the Card by the Cardmember shall constitute acceptance of these terms and conditions.
Each Cardmember is entitled to one Card.
Payment for Qualifying Purchases shall be made by Cash or other mode of payment determined by Mobil only. Acceptable modes of payment for the Qualifying Purchases are subject to change from time to time at Mobil's absolute discretion without prior notice.

Accumulation of Smiles Points

Points will be awarded to a Cardmember having possession of a valid Card and presenting it to the pump attendant/cashier at participating Service Stations for the purchase of such items as Mobil shall designate from time to time in its absolute discretion ("Qualifying Purchases"). The Card must be presented to the cashier before making the purchase, failing which, Points will not be credited to Cardmember. Purchases other than Qualifying Purchases shall not be awarded any Points.
Cardmember may not use the Card in conjunction with any other loyalty program, Mobil Fleet Cards and any promotional offers that may be introduced from time to time except where stated otherwise by Mobil.
If valid Qualifying Purchases are made but not recorded, Cardmembers must provide the receipt as proof of purchase to receive Points for such Qualifying Purchases. Mobil reserves the right to accept or reject such proof in its absolute discretion.
Once a Qualifying Purchase has been made, a transaction receipt prepared by the cashier at the Service Station will be issued to the Cardmember. Such transaction receipt shall be conclusive record of the Qualifying Purchases made and the points accumulated thereon. The receipt shall contain details of the Qualifying Purchases and Cardmember's points account and summary. No monthly statement will be sent to the Cardmember.
The points awarded and credited to the Card cannot be transferred, assigned or otherwise dealt with except in accordance with these terms and conditions. Points have no cash or monetary value.
Points awarded and credited to a Card cannot be transferred to another Card or any other card issued by or on behalf of Mobil, or combined or aggregated with the points of such Card or Cards.
Mobil reserves the right to determine, vary or change from time to time the type or amount of Qualifying Purchases and the corresponding number of Points to be awarded without prior notice or providing any reason whatsoever. Mobil also reserves the right to impose restrictions, from time to time, with respect to the frequency and/or amount, of use of the Card and/or the number of Points that can be accumulated on such Card in a single calendar day, week or month or such periods as Mobil deems appropriate, notwithstanding the type or amount of Qualifying Purchases made.

Redemption

A Cardmember who has accumulated sufficient points on his/her Card and has submitted his/her personal details as defined in the Smiles application form to the Service Stations and/or Smiles Customer Service Center (failing which his/her Card will not be activated for redemption) is eligible, subject to meeting any conditions that Mobil may impose, to redeem the same for such items as Mobil shall designate from time to time at its absolute discretion, at the Service Stations (“Rewards”), which Rewards shall be listed in the then current Program Guide and shall be subject to the terms and conditions therein. Cardmembers may also redeem such Rewards specified in the current Program Guide by order and delivery to the Cardmember's address as listed in Mobil's records or Cardmember's application form by completing an order form set out in the Program Guide.
The Cardmember may refer to the Program Guide for items available for redemption, which shall be for the purpose of information only and shall not be construed as constituting any representation or warranty as to their availability. Further, Mobil gives no representation or warranty with respect to any products and/or services featured in the Program Guide. To the fullest extent permitted by law, Mobil gives no warranty with respect to the quality of the Rewards or their suitability for any purpose. Where the Rewards are covered under any manufacturer's warranty, any disputes or claims should be made directly to the manufacturers concerned.
Mobil does not accept any liability whatsoever with respect to Rewards supplied or inconnection with any refusal by any supplier of Rewards to accept certificates/vouchers issued for the purpose of redeeming such Rewards. Any dispute arising from or in connection with such certificates/vouchers shall be solely between the Cardmember and such suppliers.
Issuance of Rewards in the form of dining or hotel/resort vouchers does not constitute a reservation with the service establishment. The Cardmember is responsible for making all reservations and notifying the participating service establishment of the said vouchers that they intend to use.
Rewards in the form of certificates/vouchers are valid for use subject to the expiration date specified on the said certificates/vouchers. All unused certificates/vouchers shall, after the expiration date, be null and void and shall not be replaced by Mobil furthermore the Cardholder's account will not be recredited for Points redeemed in connection with the certificates/vouchers. The use of the certificates/vouchers are subject to the terms and conditions contained therein and are valid for use only at such participating establishments as are stated thereon.
Certificates/vouchers of specified value cannot be exchanged for cash, whether in whole or in part. Where the value of goods and services, which the Cardmember wishes to redeem with such certificates/vouchers exceeds the specified values of such certificates/vouchers, the Cardmember shall pay the difference to the participating establishment concerned.
When applicable, delivery of Rewards shall be made to the address as stated in the Cardmember's application form or as notified to Mobil in writing from time to time. All deliveries shall only be made to an address within the Territory and shall be deemed delivered when sent by post or registered mail or courier to such address, as Mobil deems fit.
When applicable, Mobil will endeavor to make available to Cardmembers within 4 weeks of receipt of the Rewards Claim form from the Cardmember. Rewards do not include installation costs, batteries, etc. and are delivered on an as-is basis without warranties of any kind, express or implied, all of which are specifically disclaimed.
Upon redemption of a Reward, the Cardmember's Points recorded in his/her account will be debited by the corresponding number of Points in accordance with the then current Program Guide. Points accumulated earliest shall be debited first.
Points accumulated in the Cardmember's card will expire in the event the Cardmember does not make any Qualifying Purchase and earn any point within twelve (12) months from the date the last Points were awarded. In such event, the Card will be cancelled and accumulated Points will be forfeited at the discretion of Mobil and without notice to Cardmember.
Rewards in the Program Guide are subject to availability and on a first-come-first-served basis. In the event of a selected Reward not being available for whatever reason, Mobil reserves the right to offer alternative Rewards of equivalent value at the same corresponding Points for redemption. For Rewards that are to be redeemed from supplier of Rewards as shall be appointed by Mobil from time to time, the Cardmember shall present his/her Card for Rewards redemption and shall comply with any terms and conditions imposed by such supplier. Rewards, once redeemed, cannot be revoked, exchanged, returned, refunded or used in conjunction with other promotional coupons or promotions. Under no circumstances will any deducted Points be recredited to the Cardmember's account.
The Cardmember is responsible for the examination of any Rewards immediately upon receipt for defects or damage, whether in its packaging or otherwise, and to verify the contents of the Rewards. Where the Rewards or its packaging is found to be damaged or defective or that the contents therein is incomplete, the Rewards should be returned, immediately, to the cashier at the Service Stations or the supplier or the person delivering the Rewards on behalf of the supplier for its return to the supplier.
Alternatively, the Cardmember can choose to contact Smiles Customer Service Center at 1-866-486-6696 to lodge a complaint of faulty or damaged Rewards within 7 days of receiving the Rewards.
Mobil reserves the right to reject any request for the replacement of faulty or damaged Rewards should the Cardmember fail to return the faulty or damage Reward as set out in Paragraph 31 or 32 above.
Notwithstanding any provision to contrary, Mobil reserves the right not to replace Rewards if in Mobil's opinion the item is found to be damaged or rendered faulty due to the negligence or deliberate act of the Cardmember.
Points may not be used to redeem alcoholic beverages and tobacco products.
Neither Mobil, norits representatives shall be held liable for any death, injury, consequential loss or damage of any nature arising from the redemption, supply or use of the Rewards or from the loss, theft or destruction of the Rewards. All such claims shall be directed or forwarded to the manufacturers or suppliers concerned.
Notwithstanding any other provisions and without prejudice to any other rights and remedies stated herein, Mobil reserves the right to deduct accumulated Points from the Cardmember's account, refuse the redemption of any Rewards or recall such redeemed Reward for:

Any Points suspected to be fraudulently recorded or obtained;
Any Points erroneously transacted;
Any Points derived from any transaction, which has been cancelled, voided, refunded or reversed;
Any Points derived from the purchase of inventory and stocks by a Cardmember who is a dealer, contractor or agent appointed to operate and manage a Service Station.

Mobil has the right without prior notice and explanation whatsoever, to determine and change from time to time:

the Rewards offered in the Program as listed in the Program Guide or in any other documents otherwise designed by Mobil; and
the qualifying Points required for redemption of Rewards.

General Variation

The Cardmember agrees that Mobil may from time to time, without giving prior notice to the Cardmember vary, add or amend the terms and conditions herein set forth. In the event the Cardmember is not agreeable to such variation, addition and/or amendment, the Cardmember shall surrender his/her Card and return the same, cut in half, to Mobil within 7 working days from the date of such variation, addition or amendment, failing which the Cardmember shall be deemed to have accepted the variation, addition and/or amendments of the terms and conditions.

Participating companies

Mobil reserves the right to invite or allow any other companies to participate in the Program and, in such event, to modify the Program and any of the terms and conditions provided herin or other agreements or documents relating to the Program, including the terms and conditions of redeeming Rewards.

Disclosure of information

The Cardmember hereby authorizes Mobil and/or its employee or servants to hold, make use of, disclose, divulge or reveal any information relating to the Cardmember and the Cardmemeber's use of the Card in such manner and to such extent as Mobil shall from time to time deem necessary, to such parties and/or its agents involved in the Program for research, planning, product development and direct marketing. Additionally, each Cardmember agrees to allow his/her particulars and data, including data relating to purchases and mode(s) of payments, to be passed or disclosed between Mobil, its affiliates and its Program contractors or suppliers for the purpose of maintaining the Cardmember's account with, and continued participation in, the Program.

Security of card

The Cardmember shall take all necessary precautions and security measures to ensure the proper and valid use of the Card and to prevent the loss of the same.
Mobil shall not be liable, in the absence of willful misconduct on the part of Mobil, its servants and employees, for any loss or damage suffered by the Cardmember arising out of or in connection with the use of Card.

Exclusion of Liability

Mobil shall not be liable for any loss of accumulated points or loss or damage suffered as a result of any defect or error in any machines or the inability for whatever reason to retrieve any information or data from the computer system.
Mobil shall not be liable for any loss or damage caused to the Cardmember arising from any act or omission of the operator of any Service Station and/or Mobil's appointed agents and contractors or suppliers including without limitation, any refusal to honor or accept the Card or any statement or other communication made in connection herewith or any defective or deficient goods or services supplied. Any dispute or claim the Cardmember may have with or against the operator of a Service Station and/or Mobil's appointed agents and contractors or suppliers shall not affect the obligations of the Cardmember under these terms and conditions.
All conditions and warranties, whether expressed or implied and whether arising under any legislation or otherwise, as to the condition, suitability, quality, fitness or safety of any goods and/or services supplied in relation to the Card are expressly excluded to the extent permitted by law.
Without prejudice to any other terms and conditions set out herein, any liability Mobil may have to Cardmembers arising out of the use of the Card or the redemption of Rewards which cannot be excluded or which is not already provided herein is hereby limited, where permitted, to the reinstatement of such points or cost of such Rewards as Mobil shall in its discretion determine.
Mobil shall not be liable for any loss or damage suffered by the Cardmember due to the following reasons:

any delay or failure in replacing the Card;
any loss, theft or damage to any Rewards in the course of delivery or post;
any failure by the Rewards supplier to abide by the terms and conditions on which it has agreed to provide the Rewards;
any statement, communication or implication arising from any revocation, suspension or restriction of the use of the Card; and
any failure or omission to notify the Cardmember of any changes in these terms and conditions, Program Guide, participating companies, Qualifying Purchases and Points awarded for Qualifying Purchases.

Dispute

Any claim or disputes relating to the Program or the use of the Card shall be referred directly to Mobil, whose decision shall be final and binding on the Cardmember, and Mobil's records of all matters relating to the Program shall be conclusive and binding on the Cardmember.

Termination

Mobil reserves the right to withdraw or terminate the Program at any time without assigning any reason therefore. Upon notification of withdrawal or termination, the Cardmember shall have one month from the date of the notification, or such period as Mobil shall state in such notice, to redeem accumulated Points for available Rewards. Upon expiration of the aforesaid notice, the Points remaining in the Cardmember's account shall be nullified and invalidated and Mobil shall have no obligations or liabilities in respect of such Points, by way of compensation or otherwise, to the Cardmember and the Cardmember shall have no further claims whatsoever against Mobil.

Miscellaneous

A notice shall be deemed to be given by Mobil to a Cardmember if it is posted to the latest address of the Cardmember appearing in Mobil's records or the application form submitted by the Cardmember or by the way of a notice displayed at Service Stations.
Notwithstanding anything in these terms and conditions to the contrary, Mobil's rights and entitlements under these terms and conditions which by their nature are to continue shall remain in full force and effect and shall survive any cancellation, revocation or suspension of the Program, the use of the Card or the Cardmember's participation in the Program.
Any terms or conditions found to be invalid or unenforceable, whether by law or regulation or otherwise, shall be severed from these terms and conditions and the invalidity or unenforceability of such terms and conditions shall not affect the validity or enforceability of other terms or provisions herein contained which shall remain in full force and effect.
The terms and conditions herein stated shall be in addition to and not in derogation of any specific agreement or arrangement with regard to the Program now or hereafter, and from time to time, subsisting between Mobil and the Cardmember or any terms and conditions that may be specified in any written communication notified by Mobil to the Cardmember from time to time.
Any abuse or fraud with respect to Points under the Program or redemption of Rewards will result in the cancellation of the Cardmember's participation in the Program, cancellation of the Card revocation of Points and return of redeemed Rewards (or reasonable compensation in lieu thereof ).
Mobil shall have the right to assign, at any time, to any third party, these terms and conditions, the Program, the ownership of the Cards and/or the Cardmember's account in respect of the Program and/or any of its rights, obligations or liabilities hereunder, without the consent of the Cardmember.
These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the Territory and any dispute arising shall be subject to the exclusive jurisdictions of the courts of the Territory.

Cards in the Smiles Family

Program terms and conditions apply to all other cards deemed by Mobil as affiliated to this Program, unless otherwise stated.