Irving Oil Electric Vehicle Service - Terms of Use
Effective Date: April 15, 2024
1. USE OF THE SERVICE
These Terms of Use (the “Terms”) govern your use of the Irving Oil Limited charging network for electric vehicles in Canada, which includes the use of the Irving EV mobile application (the “App”), the website https://irving-ev.ca (the “Website”) and/or the charging infrastructure, also referred to as Electric Vehicle Supply Equipment, (collectively, the “Service”) owned and operated by Irving Oil Limited and its affiliates (collectively, “IOL”, the “Company”, “we”, “us” or “our”). These Terms constitute a binding legal agreement between you, as a user of the Service, and us, as the provider of the Service. Your access to and use of the Service requires your compliance with these Terms.
BY DOWNLOADING, INSTALLING, OR USING THE APP AND/OR SERVICE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 16 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY IT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.
The App and the Website are not intended for download, access or use outside of Canada. You acknowledge that you may not be able to access all or some of the Services outside of Canada and that access thereto may not be legal by certain persons or in certain countries. You are responsible for ensuring that your access to or use of the Service and the information, content, and other material available on or through it (collectively, the “Service Content”) are legal in each jurisdiction in or through which you download, access, or view the App, the Website and such Service Content.
2. AMENDMENTS TO THE TERMS; ADDITIONAL TERMS
It is your responsibility to review the posted Terms and any applicable Additional Terms (as defined below) each time you use the Service. Each time you sign in to or otherwise access or use the Service you are entering into a new agreement with us on the then applicable Terms and you agree that we may notify you of new Terms by posting them on the Service (or in any other reasonable manner of notice which we elect), and that your use of the Service after such notice constitutes your agreement to the new Terms for your new use and transactions.
In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively the “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. References to “Terms” herein shall include reference to any applicable Additional Terms.
3. LICENSE
Subject to your compliance with the Terms, and subject to the intellectual property rights of the Company’s licensors, the Company grants you a limited, revocable, non-exclusive and non-transferable license to: (a) download the App and access and use the Website in connection with your use of the Service, and (b) display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device owned or otherwise controlled by you, in each case solely for your own personal and non-commercial use and in accordance with these Terms.
You may not: (i) copy, modify or distribute the Service or Content for any purpose; (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise distribute or make available the Service or Content or features of the Service to any third party for any reason; (iii) reverse-engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof, modify, translate, adapt or create derivative works or improvements, whether or not patentable, of the Service or Content; (iv) access or use the Service or Content for purposes of competitive analysis of the Service or Content, the development, provision, or use of a competing service or product or any other purpose that is to our commercial disadvantage; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise cause harm to the Service, us, other users of the Service, or a third party; (vi) interfere with, remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems, or networks connected to the Service, through password mining or any other means; (ix) make the functionality of the Service available to multiple users through any means; (x) use multiple accounts per individual user per device; (xi) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof; or (xIi) use the Service or Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms and/or applicable laws.
Furthermore, you agree that you will NOT use the Service to:
a. upload, download, post, email, transmit, store, or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially, or ethnically offensive, violate the right of any third party, or otherwise objectionable;
b. frame or utilize framing techniques to enclose any Content (including any images, text, or page layout);
c. make any modifications to the Content (other than to the extent of your specifically permitted use of the Service, if applicable);
d. upload or transmit any computer viruses, Trojan horses, worms, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
e. insert any code or product to manipulate Content in a way that adversely affects any user experience to the Service;
f. use Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands;
g. stalk, harass, threaten, or harm another;
h. request personal or other information from anyone, including other users of the Service;
i. pretend to be anyone, or any entity, you are not, you may not impersonate or misrepresent yourself as another person, entity, another user, or otherwise misrepresent your affiliation with a person or entity; or
j. plan or engage in any illegal activity and/or gather and store personal information on any other users to be used in connection with any of the foregoing prohibited activities.
The license to use the App and Website is subject to any additional terms and conditions established by your mobile device service provider, internet service provider, and any website or application store from which you download or install the App and/or access the Website. You are responsible for compliance with any such third-party terms and conditions.
Other than set forth explicitly in this Section 3, no other licenses or rights are granted to you by implication or otherwise, including in or to any intellectual property rights owned or controlled by us or our licensors.
You acknowledge and agree that the Service is provided under license, and is not sold, to you. You do not acquire any ownership interest in the Service under these Terms or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Service and its underlying and related technology and intellectual property, including all copyrights, trademarks, patents and other intellectual property rights therein or relating thereto, except as expressly granted to you by these Terms.
4. COLLECTION AND USE OF YOUR INFORMATION
You acknowledge that when you download, install, or use the Service, the Company may use automatic means (including, for example, cookies and beacons) to collect information about your mobile device and/or about your use of the Service. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Service or certain of its features or functionality, and the Service may provide you with opportunities to share information about yourself with others. All information the Company collects through or in connection with the Service is subject to the Irving Oil EV Mobile Application Privacy Policy, annexed hereto (the “App Privacy Policy”). All information the Company collects through or in connection with the Website is subject to the Company Privacy Policy (found at www.irvingoil.com). By downloading, installing, using, and providing information to or through the Service, you consent to all actions taken by the Company with respect to your information in compliance with the App Privacy Policy and the Company Privacy Policy.
5. CONTENT AND SERVICES
The Service may provide you with access to features, functionality, content and other products and services accessible on or through the Company’s Website, (collectively, “Website Content and Services”). Your access to and use of such Website Content and Services are governed by the Website’s Terms of Use and the Company Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Website Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website and your failure to do so may restrict you from accessing or using certain of the App’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of these Terms.
6. UPDATES
Company, directly or through its licensors and service providers, may from time to time in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings when your mobile device is connected to the internet either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms.
Third Party Materials. The App may display, include, or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
7. TERM AND TERMINATION
(a) The term of these Terms commences when you download the App and will continue in effect until terminated by you or the Company as set forth in this Section.
(b) You may terminate these Terms by deleting the Application and all copies thereof from your mobile device.
(c) The Company may terminate these Terms at any time without notice if it ceases to support the App or provide the Services, which the Company may do in its sole discretion or otherwise modifies or discontinues the business activities to which the App and/or Services relates. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms or conditions of these Terms.
(d) Upon termination:
(i) all rights granted to you under these Terms will also terminate; and
(ii) you must cease all use of the Services and delete all copies of the App from your mobile device and account.
(e) Notwithstanding anything to the contrary herein, the Company may terminate your access to the Services, discontinue the Services, or delete the Website Contents and Services at any time, for any reason.
(f) Termination will not limit any of the Company’s rights or remedies at law or in equity.
8. ELIGIBILITY TO USE THE SERVICE; ACCOUNT CREATION
The Service is available at participating Company locations, and such third-party Irving EV locations specifically identified by the Company (“Third-Party Location”), only. The Terms are binding for both parties when you place an order with us by charging your electric vehicle at a Company or Third-Party Location charging station (each an “Order”).
In order to access certain features of the Service, you have to “register” (create an “account”). To use the Service and create an account, you must be of legal driving age in your province of residence. If you are less than 18 years of age, you may create an account only under the supervision of a parent or legal guardian who has read, understood and agreed, on your behalf and on their behalf, to be bound by these Terms. If you create an account, you will be asked to provide your name, email address, mobile phone number, password, billing address and payment information. Upon creation of your account, you will receive an email with a link to validate your identity. You represent and warrant that any registration information that you submit to the Company is true, accurate and complete, and you agree to keep it that way at all times. You will also have to accept these Terms and the App Privacy Policy.
You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken under your account, whether or not authorized by you. You are responsible for the physical and electronic security of your own mobile device.
Please notify us immediately of any unauthorized use of your password or account. We are not liable for any loss or damage from your failure to comply with these requirements. In the event you provide notice and the Company is unable to stop or reverse a transaction, you agree the Company is not liable. By creating an account, you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Service.
You may delete your account at any time:
Using the App by 1) Select “Profile” under the “My Account” section of the App, and 2) Select “Delete my account”
By calling a customer representative at 1-844-651-0825
By email to [email protected]
9. PAYMENT
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Order. You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: (a) cancel or suspend any undelivered portion of your Order, (b) make second and/or subsequent attempts to charge your payment method, and/or (c) use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible for paying all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your Order, you can do so at any time by logging into your account and editing your payment information.
Company may, upon placement of an Order, reserve an amount to secure payment of the Order amount. The relevant card will be charged with the actual Order amount the same day as the product is delivered. Any amount reserved will be released when payment has been made.
All prices shown for products and services available through the Service and related charges are in Canadian dollars, unless indicated otherwise. The current price for the charging will be available in the App. The rates, prices and charges are provided on the App at the time of use of the Service. The amounts do not include applicable taxes and fees. Different payment plans may be offered. The total cost payable is calculated when the charging is complete.
The rates, prices, and charges listed at the time of the use of the Service reflects the cost of the service provided to you and you agree to pay for those costs. Whether charged by time, power consumed (kilowatt/hours), or other fees, the cost of the Service includes your license and right to use the Service including the location while charging a vehicle, the capacity and transformation of power to charge a vehicle, the cost of the equipment used, and the use of the App. The cost of the Service whether expressed as a price, rate, or other charge is intended to reflect the cost of the Service.
While charging a vehicle, you are granted the right to temporarily park your vehicle in the designated area for the use of the charger. In the event you leave the vehicle after the vehicle has finished charging and the vehicle is unattended for more than one hour, the Company reserves the right to remove the vehicle and you shall be responsible for the charges and you waive any rights with respect to damages caused to the vehicle as a result of having to move the vehicle.
10. CHANGES TO THE SERVICE AND PRODUCTS OFFERED
We reserve the right, at our sole discretion, to the extent not prohibited by applicable law, (a) to modify or suspend at any time the Service or any part thereof either generally or with respect to a specific user (e.g., by refusing access to the Service), (b) to modify or withdraw services or products offered on or through the Service, or otherwise terminate the provision of the Service, in each case without notice to you (except to the extent such notice is required under applicable law), without incurring any liability to you or anyone else for any loss or damages that may result, directly or indirectly. To the extent required by applicable law, and without limiting the generality of Section 2 above, we may notify you of modifications to the Service on the App or the Website and/or send a written notice to you, including any changes to the Terms, and your continued use of the Service constitutes your acceptance of such updated Terms.
To the extent not prohibited by applicable law, and without limiting the generality of Section 2 above, we reserve the right to modify the terms and conditions of the Service, including: conditions of eligibility; conditions applicable to product purchases and transactions; and make any other modifications required under legislation or regulations.
11. MOBILE, MESSAGING, AND LOCATION-BASED FEATURES
A. MOBILE FEATURES
The Service may offer certain features and services via your mobile device. Features and services may include the ability to access the Service’s features, upload content to the Service, receive messages from the Service, and download applications to your mobile device (collectively, “Mobile Features”). You agree to receive communications we may send through Mobile Features for which you are registered. Further, we may collect information related to your use of the Mobile Features. If you have registered via the Service for Mobile Features, then you agree to notify Company of any changes to your mobile contact information (including phone number) and update your accounts on the Service to reflect the changes. If the Service includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert or pop-up messages, may be delivered to your device even when the Service is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your device through your device and/or App settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
B. TEXT MESSAGES AND EMAILS
i. Text Messages. You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited.
ii. Email Messages. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
C. LOCATION-BASED FEATURES
If GPS, geo-location or other location-based features are enabled on your device, you acknowledge that your device location may be tracked and may be shared with others consistent with the App Privacy Policy. Some devices and platforms may allow disabling some, but not all, location-based features or managing such preferences. Typically, your proximity or connection to wi-fi, Bluetooth and other networks may still be tracked when location services are turned off on device settings. You can terminate device location tracking via a mobile app by us by uninstalling the application. Territory geo-filtering maybe required in connection with use of some Service features due, for instance, to Content territory restrictions. The location-based services offered in connection with Company’s mobile app(s) or feature(s) are for individual use only and should not be used or relied on in any situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or physical or property damage. Use location-based services at your own risk as location data may not be accurate. The App and/or Website may also provide access to Google Inc. (“Google”)’s Maps program. By using or accessing such program, you agree to be bound by any of Google’s applicable terms of use or service.
12. LINKS TO OTHER WEBSITES
We are not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”). The App and/or the Website may contain hyperlinks enabling users to visit external websites, owned and operated by third parties. These hyperlinks are provided to you as a convenience only. In addition, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that we do not control. Similarly, we may make third-party ads and other Third-party Services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign into our Services using Facebook Connect or other third-party tools, and to post content on Third-party Services using their plug-ins made available on our Services. The Company has no control over these external websites and does not guarantee their content. You assume full responsibility for your use of Third-Party Services and fully release the Company from all liability. Under no circumstances the inclusion, on the App and/or Website, of a hyperlink, content, or other feature to or provided by a Third-Party Service shall be interpreted or construed as an endorsement, by the Company, of any representation or information contained on any such website or as a partnership or affiliation with the owner of any such website. Your use of the third-party websites is subject to the terms and conditions of these websites. Furthermore, you may not create links from other websites to the App and/or Website, except if expressly permitted by the Company.
If you are accessing or using the App through Apple, Android, or any other platform, these are Third-Party Services. If you access our Apps via Apple, see below for Additional Terms and conditions that are applicable to you and that are incorporated into the Terms by reference.
13. TERMS APPLICABLE FOR APPLE IOS.
If you download the App from the Apple Store to an Apple-branded Mobile Device, the following terms apply to you in addition to the other provisions in these Terms.
(a) Apple is not a party to these Terms. Company, not Apple, is solely responsible for the App and Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App or Services.
(b) The licenses in these Terms are limited to Apple-branded products that you own or control and are subject to the Usage Rules in the Apple App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO WARRANTY OBLIGATIONS WHATESOEVER WITH RESPECT TO THE APP AND ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY APPLICABLE TO THE COMPANY WILL BE THE COMPANY’S SOLE RESPONSIBILITY. TO THE EXTENT THAT ANY WARRANTY MAY APPLY TO YOU NOTWITHSTANDING THESE TERMS’ EXPRESS PROVISIONS THE APP FAILS TO CONFORM TO THAT WARRANTY, YOU MAY NOTIFY APPLE AND APPLE WILL REFUND ANY PURCHASE PRICE THAT YOU MAY HAVE PAID FOR THE APP.
(d) YOU ACKNOWLEDGE THAT THE COMPANY, NOT APPLE, IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR BY ANY THIRD PARTY RELATING TO THE APP OR TO YOUR POSSESSION OR USE OF THE APP, INCLUDING WITHOUT LIMITATION (I) PRODUCTION LIABILITY CLAIMS, (II) ANY CLAIM THAT THE APP FAILS TO CONFORM TO APPLICABLE LEGAL OR REGULATORY REQUIREMENTS AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION, PRIVACY OR SIMILAR LAWS, TO THE EXTENT THAT ANY OF THE FOREGOING CLAIMS ARE PERMITTED UNDER THESE TERMS.
(e) You acknowledge that in the event of a third-party claim that the App or your possession or use of the App infringes on that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
(f) You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms and that upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
(g) You represent and warrant that you are not located in a country that is subject to a United States government embargo or which the United States government has designed as a “terrorist supporting” country and that you are not listed on any United States government list of prohibited or restricted parties.
(h) The App is offered by Irving Oil Limited, whose mailing address is Irving Oil Limited, 10 King Square South, Saint John, NB, E2L 0G3, Canada. With any questions, complaints, or claims, please contact Irving Oil Limited at 506.202.2000 or [email protected].
14. EXCLUSION AND DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED TO YOU “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, DEVICES, VEHICLES, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE SERVICE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF, OR INABILITY TO USE, THE SERVICE AND THE WEBSITE CONTENT AND SERVICES IS AT YOUR SOLE RISK.
THIS DISCLAIMER IS INTENDED TO BE AS BROAD AS THE LAW ALLOWS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
15. USE OF INFORMATION AND ERRORS
The Content displayed on the Service is provided for informational purposes only, unless otherwise stated. Price errors or product/service description errors or inaccuracies, including color, origin, category or other characteristics may occur. The Company reserves the right (i) to correct any such errors, at its sole discretion, at any time and without prior notice, and (ii) to refuse, cancel or correct any order containing such price or description errors or inaccuracies.
16. INDEMNIFICATION
By using the Service you hereby agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service providers and its and their respective directors, officers, owners, employees, agents, affiliates, contractors, licensors, licensees, third-party suppliers, successors and assigns (“Company Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest awards, penalties, fines, costs, or expenses of whatever kind, including attorney’s fees, incurred by the Company Parties in connection with any claim arising out of, based upon or resulting from your use of the Service or breach of these Terms. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of the Company.
Company assumes no responsibility for the content you submit or make available through this Application.
This indemnification is intended to be as broad as the law allows and survives the termination of these Terms.
17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO:
(A) YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE WEBSITE CONTENT AND SERVICES;
(B) COMPANY’S TERMINATION OF YOUR ACCESS TO THE SERVICE, MODIFICATION OF THE WEBSITE CONTENT AND SERVICES, OR TERMINATION OF THE SERVICE.
(C) PERSONAL INJURY, PROPERTY DAMAGE (INCLUDING DAMAGE TO YOUR MOBILE DEVICE OR VEHICLE), LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, THE INTERNET BACKBONE OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
(D) THE CONDUCT, ACTIONS, OR OMISSIONS OF ANY THIRD PARTY, INCLUDING ANY PERSON, MOBILE SERVICE PROVIDER, INTERNET SERVICE PROVIDER, FINANCIAL INSTITUTION, ELECTRONIC TRANSACTION CLEARING HOUSE, OR ANY USER OF THE SERVICE OR WEBSITE CONTENT AND SERVICES;
(E) EVENTS OF FORCE MAJEURE OR CAUSES BEYOND THE COMPANY’S OR ITS LICENSORS’ OR SERVICE PROVIDERS’ REASONABLE CONTROL; OR
(F) DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OF THE COMPANY) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY IS INTENDED TO BE AS BROAD AS THE LAW ALLOWS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
18. INTELLECTUAL PROPERTY RIGHTS
Content on the Service, including but not limited to texts, graphics, headers, icons, user interfaces, visual interfaces, images, illustrations, articles, photographs, software, audio clips, video clips, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Service, unless otherwise indicated, are owned, controlled, and licensed by the Company and/or its licensors. The Company does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on the Service is protected by Canadian copywrite law and international treaty provisions governing proprietary rights. You are provided only a limited license to access and use the Service. Accordingly, you expressly acknowledge and agree that the Company transfers no ownership or intellectual property right, title or interest in and to the Service to you or anyone else. Nothing contained in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company’s trade names, trademarks or service marks without express prior written consent. All rights not expressly licensed hereunder are reserved by the Company. Without limiting the generality of the foregoing, such limitations include, but are not limited to the restriction that any unauthorized use of the Content, including any reproduction, distribution or redistribution, transmission or retransmission, communication to the public by telecommunication, performance, translation, distribution to the public or downloading is prohibited without the prior written authorization of the Company. The trademarks displayed on the Service are trademarks, registered or unregistered, of the Company, its affiliates or third parties, which are the property of their respective owners. The trademarks displayed on the Service cannot be used without the prior written authorization of the Company or their respective owners. No element of the Service shall be interpreted as creating, implicitly or expressly, a license or a right of use or of duplication of a trademark, except with the express written consent of the Company or the owner of such trademark.
19. YOUR MATERIAL
The Company is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through the Service or any other Company websites including any Company pages on social networking websites and webpages such as Facebook, Twitter, Instagram or YouTube (collectively, your “Material”). You acknowledge and agree that your Material does not necessarily reflect the views, ideas or opinions of the Company or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your Material. You agree never to knowingly or otherwise introduce or post Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, or that violates any other party’s proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity or that is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold the Company harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material. The Company reserves the right to edit, alter or delete any Material at any time without prior notice. All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
Other than your account information and your information needed to process orders, the Company does not wish to receive Material from you that is confidential, secret or proprietary information.
You acknowledge and agree that any Material which you provide including, but not limited to, your ideas, suggestions, comments and other feedback regarding your use of the App or Website, is not, except as may be required under applicable law or pursuant to the App Privacy Policy or the Company’s Privacy Policy, confidential, secret or proprietary.
You hereby acknowledge and agree that any and all information and Material provided by you to the App or Website may be included in a database owned by the Company in which we have rights and interests, including but not limited to, the compilation copyright, and we reserve the right to use any information or materials you provide to us or that we obtain through your use of the App or Website to the fullest extent permitted by law. You, therefore, consent to the Company using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of the Company or the disclosure of your identity, in accordance with these Terms and the App Privacy Policy and the Company’s Privacy Policy.
For greater certainty, and without limitation to the generality of the foregoing, by posting messages, uploading files, inputting data or engaging in any other form of communication to or within the Website or App, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the content of your communications and any ideas or original materials contained therein, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in and to any such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You hereby waive all rights you may have to inspect and/or approve of any use by the Company of any material or ideas submitted by you or the right to receive any compensation for such use. You waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any of the foregoing. You agree and understand that the Company is under no obligation to use any material or ideas submitted by you in any way whatsoever.
Furthermore, you acknowledge that unprotected e-mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration or loss. You acknowledge and agree that by submitting any such communications to the Company, the App or the Website, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company other than pursuant to these Terms. The Company shall not be responsible for the payment of any monies to any other party in connection with the Company’s use of any information or material provided by you to the Company, the App or the Website. You also represent and warrant that any and all such information or Material which you provide to the Company, whether provided by you electronically by accessing or using the Website or otherwise, and the Company’s use of this information and material so provided as permitted in these Terms, does not infringe the rights of any other person or entity.
20. SURVEILLANCE
The Company may monitor the access to the App and the Website (and any other of its websites) and other activities in relation to the App or Website (and any other of its websites) and other Company Offerings and may intervene in this regard. However, the Company makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention if the Company ever decides to do it.
21. SECURITY OF THE SERVICE
You may not use the Service, or other Company Offerings for purposes other than the purposes set out in these Terms. You are prohibited from making any attempt whatsoever to access any data not intended for you, testing the vulnerability of our systems and solutions, compromising their security or efficiency and effectiveness, and sending unsolicited e-mail, including, without limitation, advertising. All such actions are against the law and may result in civil or criminal proceedings.
22. EXPORT REGULATION
The App may be subject to certain export control laws. You shall not, directly or indirectly, export, re-export or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation.
23. GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule that would result in the application of the law of any other jurisdiction. Any legal suit, action, litigation, or proceeding of any kind whatsoever in any way arising out of, from, or relating to these Terms or the Service, shall be instituted in the courts of the Province of New Brunswick, and each party irrevocably submits to the jurisdiction of such courts in any such suit, action, litigation, or proceeding. Each party agrees that a final judgment in any such suit, action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. The parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
24 ENTIRE AGREEMENT
This Terms of Use, the Website’s Terms of Use, the App Privacy Policy, and the Company Privacy Policy constitute the entire agreement between you and Irving Oil with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
25. LIMITATION OF ACTIONS
YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS SERVICE MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, YOU WILL BE DEEMED TO HAVE WAIVED SUCH CLAIM IRREVOCABLY.
26. ENFORCEMENT
The Company reserves the right to take any actions it deems necessary or appropriate to enforce or confirm your compliance with these Terms. You agree that the Company and any of its affiliates, subsidiaries or agents may disclose information about you and your usage of the Service to law enforcement, government agencies and other third parties as the Company in its sole discretion deems necessary in connection with such enforcement.
27. SEVERABILITY; INTERPRETATION
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction for any reason, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity and enforceability of any of the remainder of these Terms or the applicable Additional Terms. To the extent provided by applicable law, you agree to waive and will waive any applicable statutory and common law principles that may permit a contract to be construed against its drafter.
28. ASSIGNMENT
The Company may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of the Company.
29. COMPLETE AGREEMENT; NO WAIVER
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or the Company in exercising or enforcing any of the rights, powers, or remedies granted hereunder will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any of term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
30. HEADINGS
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms herein.
31. NOTICES; QUESTIONS; CUSTOMER SERVICE
You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. If you have a question regarding the Service, you may contact the Company by e-mail, phone, or post mail using the contact information provided below. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.
32. CONTACTING US
By phone: 1-844-651-0825
By post mail:
Irving Oil Limited
Attn: E-Mobility Team
10 King Square South
Saint John, NB, E2L 0G3
Canada
By email: [email protected]
Irving Oil EV Mobile Application Privacy Policy
This Irving Oil EV Mobile Application Privacy Policy (the “App Privacy Policy”) describes the ways that Irving Oil Marketing, Inc. and Irving Oil Limited (collectively “Company” or “We”) collect, store, use and disclose personally identifiable information (“PII”) that we or our Third-Party Services (defined below) may collect or receive when you download, install, register with, access, or use the IRVING EV MOBILE APPLICATION (the “App”).
This App Privacy Policy applies only to information we collect in and through the App and in e-mail, text, and other electronic communications sent through or in connection with this App. This App Privacy Policy DOES NOT apply to PII that:
• We collect offline or on any other Company websites, including websites you may access through this App; or
• You provide to or is collected by any third party.
Our websites and other apps and the apps and websites of third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
BY DOWNLOADING, REGISTERING WITH, OR USING THIS APP, YOU AGREE TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PII AS THIS APP PRIVACY POLICY DESCRIBES. If you are not fully comfortable with our doing so, do not download, register with, or use this App. This App Privacy Policy may change from time to time. Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the App Privacy Policy periodically for updates.
App Intended for Adult (Age of Majority) Users
The App is restricted to users who are at least 16 years of age (or the age of majority in the user’s jurisdiction). We do not knowingly collect PII from minors. If we learn we have collected or received PII from a minor without verification of parental consent, we will delete that information. If you believe we might have any information from or about a minor, please contact us at the address or number noted below.
Information We Collect and How We Collect It
We collect PII from and about users of our App:
• Directly from you when you manually provide it to us.
• Automatically when you use the App.
Information You Provide to Us
When you download, register with, or use this App, we may ask you to provide your name, mailing address, email address, telephone number and other identifying information, as well as information such as your shopping preferences or habits, interest in certain types of products or services, and other information that relates to you but does not identify you. This information includes:
• Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App and when you update any of your information. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App or make a customer service report.
• Records and copies of your correspondence (including email addresses and phone numbers) if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the App and of the fulfillment of your transaction requests. You may be required to provide financial information before placing an order through the App.
• Your search queries on the App.
• You may provide information to be published or displayed (“Posted”) on public areas of websites you access through the App (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection and Tracking
The App may use technology to automatically collect:
• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the App.
• Device Information. We may collect information about your mobile device and Internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s telephone number.
• Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
• Location Information. We may collect and store information about your device location. Location information is used in order to provide better and more relevant search information to you.
If you do not want us to collect this information do not download the App or delete it from your device. See below for “Choices About How We Use And Disclose Your Information.” Note, however, that opting out of the App’s collection of location information will cause its location-based features to be disabled.
We also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking). See below for “Choices About How We Use And Disclose Your Information” for information on how you can opt out of behavioral tracking on or through this App and how we respond to browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.
The technologies we use for automatic information collection may include:
Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
o Web Beacons. Pages of the App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
Third-Party Services
We use various third-party organizations to provide the App to you, to collect and store PII, and in our marketing efforts (“Third-Party Services”). Third-Party Services include Google Analytics and may include others. Third-Party Services collect, use, and share PII pursuant to their own privacy and security policies. Some of them, including Google, may use location information and other PII to serve advertisements to consumers on other websites. By using the App, you consent to our providing PII with Third-Party Services to be used in accordance with their own privacy and security policies as they exist today and as they may change in the future.
For more information about how Google’s services use PII, see How Google uses information from sites or apps that use our services – Privacy & Terms – Google.
Third-party Information Collection
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include our Third- Party Services as well as:
• Advertisers, ad networks and ad servers
• Analytics companies
• Your mobile device manufacturer
• Your mobile service provider
These third parties may use tracking technologies to collect information about you when you use this App. The information they collect may be associated with your PII or they may collect information, including PII, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “Choices About How We Use And Disclose Your Information” below.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any PII, to:
• Provide you with the App and its contents, and any other information, products or services that you request from us
• Provide you with suggested product and services offers
• Fulfill any other purpose for which you provide it
• Give you notices about your account
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
• Notify you when App updates are available, and of changes to any products or services we offer or provide through it
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
• Identify usage patterns
• Store information about your preferences, allowing us to customize our App according to your individual interests
• Speed up your searches
• Recognize you when you use the App
We use location information we collect to provide you with information about store locations and product and service offerings in proximity to your location.
We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see “Choices About How We Use And Disclose Your Information” below.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.
In addition, we may disclose PII that we collect or you provide:
• To our subsidiaries and affiliates
• To Third-Party Services
• To Gilbarco Inc., Moneris Payment Solutions Inc., contractors, service providers and other third parties we use to administer the App, process App transactions, and support our business and who are bound by contractual obligations to keep PII confidential and use it only for the purposes for which we disclose it to them.
• To non-resident companies hired by us or any third-party payment-processor. As such, by using any portion of the App you acknowledge that your PII may be disclosed in accordance with the law applicable to such non-resident companies or third party payment-processors, and you hereby consent to such collection and possible disclosure.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Irving Oil’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which PII held by Irving Oil about our App users is among the assets transferred.
• To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep PII confidential and use it only for the purposes for which we disclose it to them. For more information, see “Choices About How We Use And Disclose Your Information” below.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the App Terms of Use.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Irving Oil, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices about How We Use and Disclose Your Information
This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
• Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
• Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App may then be inaccessible or not function properly.
• Promotion by the Company. If you do not want us to use your email address or other contact information to promote our own or third parties’ products or services, you can opt-out by contacting us at the address or number noted below and request that we not contact you for these promotional purposes. You can also always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to [email protected].
• Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by contacting us at the address or number noted below and request that we not contact you for these promotional purposes. You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to [email protected].
• Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your PII with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by contacting us at the address or number noted below and request that we not contact you for these promotional purposes. You can also always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to [email protected].
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website: http://www.networkadvertising.org/choices/
Accessing and Correcting Your PII
You can review and change your PII by logging into the App and visiting your account profile page.
You may also send us an email at [email protected] to request access to, correct or delete any PII that you have provided to us. We cannot delete your PII except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages.
Data Security
All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a PIN or password for access to certain parts of our App, you are responsible for keeping this PIN or password confidential. We ask you not to share your PIN or password with anyone.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. We cannot guarantee the security of your PII transmitted through our App. Any transmission of PII is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
Disclaimer of Warranties
We make no representations or warranties about the security of PII except as this Privacy states or as applicable law requires.
Changes to Our App Privacy Policy
We may update this App Privacy Policy from time to time. If we make material changes to how we treat our App users’ PII, we will amend this App Privacy Policy as annexed to the Terms of Use on this page, to reflect such changes. We may, but are not required to, notify you by e-mail to the primary e-mail address specified in your account or in an in-App alert the first time you use the App after we make the change.
The date the App Privacy Policy was last revised is identified above the Terms of Use at the top of this page. You are responsible for ensuring we have an up-to-date and active e-mail address for you and for periodically visiting this App Privacy Policy to check for any changes.
Contact Information
To ask questions or comment about this App Privacy Policy and our privacy practices, contact us at:
For US inquiries:
Irving Oil Marketing, Inc.
190 Commerce Way
Portsmouth, NH 03801
Attn: Mobile App Privacy Inquiry
[email protected]
1-888-273-5222
For Canadian Inquiries:
Irving Oil Limited
PO Box 1421
Saint John, New Brunswick E2L 4K1
Attn: Mobile App Privacy Inquiry
[email protected]
1-888-273-5222