Terms and conditions

TERMS AND Conditions

Last modified and effective as of november 2024

Introduction

These terms and conditions (the “Agreement“) apply to your use of EG Retail (Netherlands) B.V.’s  (“EG“) PetroZone Mobile Payment Processing Application made available by EG through a mobile application (the “Mobile Application“) and the website at www.texaco.nl (the “Website“). By using the Mobile Application or the Website (together, the “App“), you agree with EG to be bound by, and comply with, the terms and conditions of this Agreement.

You and EG agree as follows:

1. LICENSE GRANT

Subject to the terms and conditions of this Agreement, EG hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license to use the App on any mobile device or personal computer that you own or control in accordance with the terms and conditions set forth in this Agreement.

The use of the App does not transfer title to the App to you. You may not redistribute, rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this Agreement) the App. In addition, any commercial copying or distribution, publication or exploitation of the App or any content, software, code, data or materials on or from the App, are prohibited unless you received express prior written permission from EG or the applicable rights holder. Any attempt to do so is a violation of this Agreement and of EG’s rights. If you breach these restrictions or the Restrictions on Use, you may be subject to (without being complete) civil liability and damages. The terms of this Agreement will govern any upgrades provided by EG that replace or supplement the App, unless such upgrade is accompanied by a separate license in which case the terms of that license shall govern.

To use services provided by third parties accessible through the App, you may need to accept and must abide by any terms and conditions of those third parties.

2. RESTRICTIONS ON USE

You will use the App strictly in accordance with these terms and conditions and will not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the App, any updates thereof, or any part thereof (unless the forgoing restriction is prohibited by applicable law, or permitted by the licensing terms governing any use of any open source components of the App, if any); (c) violate any applicable laws, rules or regulations in connection with your access to or use of the App; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of EG or its affiliates, partners, suppliers or the licensors of the App; (e) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) distribute the App to multiple mobile devices; (g) make the App available over a network or other environment permitting access or use by multiple mobile devices or users at the same time; (h) use the App for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by EG; (i) use the App to send automated queries to any website or to send any unsolicited commercial email; (j) use any proprietary information or interfaces of EG or other intellectual property of EG in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the App; (k) you may not (i) attempt to circumvent user authentication or the security of any host, network, or account, including, but not limited to, accessing data not intended for you, logging into a server or account that  you are not expressly authorized to access, or probing the security of EG servers and networks, or (ii) create a denial of service, impede the operation of the App or engage in any activities that adversely affect the ability of other users to use the App; or (l) you may not upload, share or otherwise transmit any content that (i) you do not have a right to upload, share or transmit under any law or under contractual or fiduciary relationships; or (ii) violates anyone’s copyright, trademark or other proprietary right.

EG responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act or its equivalents in each of the EEA Member States. You acknowledge and agree that in addition to any other rights or remedies that EG may have hereunder, EG may remove or disable access to allegedly infringing content, or disable certain functionality, such as sharing, in the event of an alleged infringement.

3. TERMINATION

Without prejudice to any other rights, EG may terminate this Agreement (a) if you fail to comply with any of the terms and conditions of this Agreement or the terms and conditions of other providers of services in connection with or related to the use of the App, (b) if you access the services associated with the App under the terms of an agreement between EG and your organization, and such agreement with your organization is terminated, or (c) if any agreement with third parties supporting the App is terminated. You have the ability to terminate this Agreement at any time. In the event of termination, you will immediately discontinue any further use of the App and (if applicable) destroy all copies of the App in your possession or control. Applicable sections of this Agreement, including without limitation Sections 2, 5, 6, 7, 8, 12, and 13 shall survive any termination of this Agreement. In addition, if you have any data hosted by EG, EG may destroy any data or information stored on its servers by or on your behalf. You understand that such data and information will be permanently lost.

4. PROPRIETARY RIGHTS

You acknowledge that all intellectual property rights in the App, including without limitation, all copyrights, trademarks, patents and trade secrets, are owned by EG or its third party licensor(s). Except as expressly set forth in this Agreement, EG neither assigns any intellectual property rights, nor grants any licenses or other rights with respect to the App. You will use reasonable care to protect such intellectual property rights of EG and/or its third party licensor(s), and to prevent the unauthorized use or copying of the App.

The End User 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.

5. Limited WARRANTY

If you are an EEA-based consumer, you benefit from a legal guarantee covering the goods purchased from EG. Under this guarantee, EG is liable for any lack of conformity that you discover within two years of the delivery of goods (such as fuel) or the one-time supply of services (such as EG’s car wash services). Your national laws may provide an even longer guarantee. Your rights under these legal guarantees are not limited by any other commercial guarantees that EG provides.

Except as stated above, the App and all content, information and technology contained therein are being provided to you “as is” without warranty of any kind, either express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. EG does not make any warranty that the App is compatible or operable with your computer equipment or software, or that the App will perform without interruption or free of errors, bugs, viruses. EG cannot guarantee the security of the App. EG shall not be responsible for any issues relating to or costs associated with connectivity to the App.

No sales person or other representative involved in the licensing of the App is authorized to make any warranties with respect to the App. Oral statements do not constitute warranties, will not be relied upon by you, and are not a part of this Agreement.

6. LIMITATION OF LIABILITY.

To the maximum extent permitted by law, in no event shall EG, its affiliates, third parties providing services accessible through the App, or its third party licensor(s), or its or their respective directors, officers, employees, agents or representatives (collectively “EG Parties”) be liable or responsible for direct and/or indirect damages of any kind arising out of the use of or inability to use the App or otherwise in connection with this Agreement. Indirect damages include (but are not limited to) consequential damage, reputational damage, damage due to business stagnation, system/computer failures, loss of information or data, lost profits and turnover, loss of customers, reduced goodwill and/or missed savings.

In the event that the competent court decides that the EG Parties are not entitled to limit its direct liability, then the total direct liability of the EG Parties, on any grounds whatsoever, vis-à-vis the user as a result of or related to the installation and/or the use of the App shall be limited to an amount of EUR 500 (in words: five hundred Euros) per calendar year in respect of all events occurring in the relevant calendar year.

7. The EG Parties’ limitation of liability shall not apply in case the damage is the result of intent or conscious recklessness of the managers of the EG Party.Privacy

EG processes information concerning the End User’s use of the App and Website as set forth in its App Privacy Statement [link] which is hereby incorporated by reference herein.

8. INJUNCTIVE RELIEF

You agree that EG will have the right to obtain an injunction against any unauthorized use of the App by you, in addition to any other rights and remedies to which EG may be entitled.

9. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be adjusted to the minimum extent necessary for validity or enforceability, and in any event, the remaining provisions will nevertheless remain in full force and effect.

This Agreement constitutes the entire understanding and agreement between you and EG with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous oral or written communications with respect thereto.

This Agreement may not be modified, except by EG at any time and any modification shall be communicated to you in accordance with applicable laws.

10. Links to Other Applications or Websites

The App may contain links to other applications or websites. These links are for convenience only. Using those applications or websites may require you to accept the relevant application’s or website’s terms of use or similar conditions.

Certain of these linked applications or websites may make use of Chevron proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from Chevron. Neither EG nor Chevron is 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. In addition, providing links to these sites should not be interpreted as endorsement or approval by EG or Chevron of the organizations sponsoring the sites or their products or services.

11. CHOICE OF LAW.

This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the Netherlands, without regard to its principles of conflicts of law.

12. NO ASSIGNMENT.

You will not assign, sub-license or delegate any of its rights or obligations under this Agreement to any third party without the prior written consent of EG. Any assignment, sublicense or delegation in violation of this provision shall be null and void.

To use the App, you may be required to register. In doing so, you must accept the terms and conditions of this Agreement. Use of the App affirms that you have read this Agreement, you understand it, and you agree to be bound by its contents.