IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY
Access to and use of this Esso (Thailand) Public Company Limited (“Esso” or the Company) Web site is subject to the following terms and conditions and the laws of Thailand.
Corporate Separateness Notice
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.
Exxon Mobil Corporation has numerous affiliates, many with names that include ExxonMobil, Exxon, Esso and Mobil. For convenience and simplicity in this 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
The Company may revise the General Terms at any time without notice. You should revisit this 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
A. 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.
B. "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).
C. 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.
D. 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 the Company 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 online marketing; or Assist or permit any persons in engaging in any of the activities described above.
E. 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.
F. You agree that use of any information obtained via the Site or Services is at your own risk.
G. 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 any manner.
H. 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 ExxonMobil or the Company.
I. Linking. You may not link to this site without prior written permission from ExxonMobil or the Company. You may download and print one copy of content on this Site for your personal non-commercial use, or in connection with your purchase of any ExxonMobil or our 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 onto 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 this Site.
3) Trademark and Copyright
ESSO, EXXONMOBIL, MOBIL, and certain other brands, trademarks and services marks are marks of ExxonMobil and its affiliates. Not all marks of ExxonMobil will appear on this Site and not all products or services listed on this 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 this Site when referring to those entities or their products or services.
The user may forward, distribute, and/or photocopy copyrighted materials of ExxonMobil or the Company located on this 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 documents to a Web site.
4) Privacy Statement
The Company and ExxonMobil, appreciate your interest in this Web site and other related or linked ExxonMobil sites (Site). Your privacy is important and we want you to understand our practices with respect to gathering information from visitors to the Site and with respect to the uses we make of that information. Please check each portion or page of the Site that you visit. Certain portions or pages of the Site may contain changes to the Privacy Statement applicable to your use of that portion or page, for example, certain applications may request additional information from you.
Information and Uses
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, e-mail addresses, and telephone numbers. 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 products 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 a reasonable effort to remove your Personal Information from our database in such a way that you will not receive future communications from us. If you notify us that Personal Information previously submitted to our site is no longer accurate, we will make a reasonable effort to make appropriate corrections. To facilitate our efforts, it would be helpful if you could let us know the context in which you provided Personal Information, e.g in connection with promotion of a specific product or service.
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.)
Information From Children
The Site contains information that may be of special interest to children, but Esso does not seek through the Site to gather Personal Information from or about persons under the age of 17.
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 Esso 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. They have access to Personal Information needed to perform their functions, but may not use it for other purposes.
Personal data collected by Esso may be transferred among its various divisions and affiliated companies, around the world which may involve transfer from countries within the European Economic Area to countries outside the E.E.A. 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.
Esso does not seek any sensitive information from visitors to our 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, Esso 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 or modification of your Personal Information by sending an e-mail to the appropriate area under " Contact Us". We will then make a reasonable effort to accommodate your request. As previously noted, it would be helpful to let us know the context in which you provided Personal Information.
Conditions of Use, Notices and Revisions
If you have any questions about the practices of this site or your dealings with this site, please contact:
Attn: Public Affairs
Esso (Thailand) Public Company Limited
3195/17-29 Rama IV Road, Klong Ton
Klong Toey District, Bangkok 10110
When we make material changes to this Privacy Statement, we will post the changes on this page and update the revision date at the top of the Privacy Statement. We encourage you to visit our Privacy Statement regularly for updates.
5) No Warranty
This 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, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Company 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 this Site or the server that makes the Site available are free of viruses or other harmful components. The Company does not make any warranties or representations regarding the use of contents of this 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
The Company 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 this Site or the performance of the Site, Services or products described on this Site, even if The Company 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 these 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 this Site that you consider to be confidential or proprietary. Any material which you transmit to or through this Site will be considered non-confidential and non-proprietary. Except as expressly provided in the Company’s Privacy Statement or separate written agreement between you and the Company, you give the Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that the Company 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, the Company 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 this Site, you do this at your sole risk. The Company is not responsible for any viruses or other damaging elements encountered in linking to a third party Web site. The Company makes no warranty or representation regarding and if 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.
The Company 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, The Company shall have no liability related to the content of any communications made in these areas.
10) Disclosure; Forward-Looking Statements
Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. We refer you to the documents the Company files from time to time with the Securities and Exchange Commission, specifically, the Company's most recent Form 56-1 and 56-2. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including, among others, potential fluctuations in quarterly results, dependence on new product development; rapid technological and market change, acquisition strategy, manufacturing risks, risks associated with Internet infrastructure, volatility of stock price, financial risk management, and future growth subject to risks.
11) Global Availability/Export Controls
Portions of this Site and Services may be controlled and operated by the Company or ExxonMobil from various offices. The Company makes no representation that the Site, Services or materials accessed or described on the Site are appropriate or available for use in other locations, and access to them from other countries where there contents are illegal or penalized is prohibited. Access to or use of the Site, Services or materials accessed on or described on the Site by persons or from countries who are sanctioned by the United States is specifically prohibited.
Those who access the Sites or Services so do on their own and are responsible for compliance with all applicable Thai and foreign laws. You may not export or re-export any Services, information or materials accessed on or described on this Site except in full compliance with all United States and/or Thailand laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the United States embargoes or sanctions goods, services or technology, to any person or entity on the U.S. Treasury Department's List of Specially Designated Nationals, the U.S. Bureau of Export Administration Entity List, the U.S. Bureau of Export Administration Denied Persons List or the U.S. Commerce Department's Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Site, Services, information, or materials accessed or described on the Site.
12) Indemnity of Company
You agree to indemnify, hold harmless, and defend the Company and/or ExxonMobil as well as the Company and/or ExxonMobil 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.
13) Applicable Law and Dispute Resolution
This Agreement shall be governed by the laws of Thailand (without giving effect to its principles of conflict of laws). You and the Company designate the Thai Court to have the non-exclusive jurisdiction to settle the dispute.
14) Special Note for Parents
Portions of this Site and Services may be of special interest to children but the Company does not seek through this Site to gather personal information from persons under the age of 17.
15) How to Contact Us
If you have any questions or concerns about the online statement for this Site or its implementation you may contact us at:
Attn: Public Affairs
Esso (Thailand) Public Company Limited
3195/17-29 Rama IV Road, Klong Ton
Klong Toey District, Bangkok 10110