Gulf Pay Terms & Conditions

 

 

 

Gulf Pay Terms & Conditions
(Effective April 2023)

1. Introduction

1.1 These Gulf Pay Terms and Conditions, including the Gulf Pay Terms of Service, Gulf Pay Privacy Policy any other terms incorporated herein by reference (collectively, “Gulf Pay Terms”) constitute an agreement between you and Gulf Oil Limited Partnership (together with its affiliates and subsidiaries, collectively, “Gulf Oil”, “we”, “our” or “us”) relating to your participation in Gulf Pay.

1.2 Please read these Gulf Pay Terms carefully because they affect your legal rights.

1.3 Gulf Pay is a mobile application (referred to herein as “Gulf Pay” or the “App”) program owned by Gulf Oil which lets registered users pay for fuel through the app and earn rewards, including discounts on Gulf fuel, and receive other promotional offers by making qualifying purchases at participating Gulf Oil branded locations within the U.S. that participate in Gulf Pay. Gulf Oil branded locations are owned and operated by independent wholesalers or retailers and may opt not to participate in Gulf Pay.

1.4 By accessing or participating in Gulf Pay through using Gulf Pay on any mobile device, computer, mobile phone, tablet, console or other device, you confirm that you have read and agree to be bound by these Gulf Pay Terms.
 

1.5 For the purposes of these Terms and Conditions, any reference to “you” or “your” is a reference to the user of Gulf Pay.
 

2. Restriction and Access

2.1 To be eligible to enroll in Gulf Pay, you must be at least eighteen (18) years of age and have a residence in the United States. If you are under the age of majority in your home jurisdiction, you may only use Gulf Pay under the supervision of a parent or legal guardian who agrees to be bound by these Gulf Pay Terms. By using Gulf Pay, you are representing that you are at least 18 years old.

2.2 To fully register for Gulf Pay you must (i) first download Gulf Pay on a mobile device or visit www.gulfpay.app on a web browser; and (ii) provide your first and last name, a valid email address, and a valid phone number; and (iii) agree to “opt-in” to receiving text messaging.

2.3When you register through Gulf Pay, you may also provide a valid credit card in the app, however, you are not required to do so to register and enroll in Gulf Pay.  

2.4 By enrolling and registering in Gulf Pay, you represent that all information you provide during registration and throughout your participation in Gulf Pay are true and accurate, and you agree to update such information, as necessary to maintain its truth and accuracy.

2.5 We reserve the right to approve, deny or revoke participation in Gulf Pay to any individual for any reason whatsoever on an immediate basis and without prior notice. If we determine that you have registered more than one (1) Gulf Pay account to your name/business, we reserve the right to terminate these accounts without notice.

2.6 Accessing Gulf Pay may require internet access. Your carrier’s mobile rates apply. 

2.7 Users may not: (a) remove any copyright, trade mark or other intellectual property notices contained in the material on the Gulf Pay App; (b) use the Gulf Pay App (or any part of it) in any unlawful manner, for any unlawful propose or in any manner inconsistent with the Gulf Pay Terms; (c) use the app in a way that could damage, disable, overburden, impair or compromise Gulf Oil’s systems or security, or interfere with other users; (d) collect or harvest any information or data from the Gulf Pay App; (e) circumvent or modify any security technology or software, without the express written consent from Gulf Oil. 

2.8 Gulf Oil may change these eligibility requirements at any time, with or without notice, and reserves the right to refuse enrollment to any user for any reason, in its sole discretion.
 

3. Gulf Pay for Purchases

3.1 Users of the Gulf Pay App can use its functionality to make payments for fuel and other goods from their mobile device at participating Gulf Oil service stations.

3.2 Within Gulf Pay, you may input information for one or more of your credit cards or other third-party payment method into the Gulf Pay Mobile Wallet (referred to herein as “Mobile Wallet”).  A single valid payment card can be added to multiple Gulf Pay Mobile Wallets. Upon linking cards in your Mobile Wallet for payment, you authorize that all transactions made using the Gulf Pay App at participating Gulf Oil branded locations will be charged to your designated credit card or method of payment, as applicable.

3.3 Gulf Pay may not accept all credit cards. In addition, Gulf Oil reserves the right to change, from time to time, the credit cards which may be linked to your account through the Gulf Pay Mobile Wallet.  Gulf Oil further reserves the right to disable any credit cards already linked to your account at any time and for any reason.

3.4 Any use of credit cards through Gulf Pay in your Mobile Wallet may be subject to the terms and conditions and/or the privacy policy of Gulf’s third-party designated mobile payment processor. When you provide a payment credential through Gulf Pay, you authorize the collection and storage of that payment credential, along with other related transaction information. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the payment credential you designate for the transaction.  

 

4. Gulf Pay Discounts and Current Offers

4.1 All discounts will be automatically applied to the entirety of the eligible fuel purchase at participating Gulf Oil branded locations, provided the user makes such eligible fuel purchase through a valid credit card provided and stored in the Gulf Pay Mobile Wallet.

4.2 Gulf Pay Introductory Offer: Upon registration in Gulf Pay, users will receive $0.15 off per gallon of fuel purchased in their first transaction using Gulf Pay of up to 25 gallons through Gulf Pay at participating Gulf Oil locations. Participating locations are identified through the station locator in Gulf Pay. 

4.3 Gulf Oil and other third parties may provide you with additional ways to receive additional discounts through offers, promotions, and other programs. Such offers, promotions and programs may be subject to additional terms and conditions which shall be included in messaging to you regarding such offers, promotions and/or programs.

4.4 You will not receive discounts for: any purchases excluded by law; the value of any discounts or coupons outside of Gulf Pay; purchases that a particular Gulf Oil branded location rule ineligible for Gulf Pay; or taxes on purchases.

If you have a dispute regarding any eligible fuel purchase or discounts, you must notify the Gulf Pay Customer Service team at @gulfoil.comwithin thirty (30) days of the date the eligible fuel purchase was made or it will be deemed correct. You may be required to submit documentation to support your claim.
 

5. Additional Obligations

Gulf Oil is not responsible for any tax liability related to Gulf Pay. Any disputes concerning Gulf Pay will not affect your payment obligations for your fuel purchases. We are not responsible for any disputes among you or any authorized users relating to Gulf Pay.
 

6. Right to Change/Modify/Cancel Gulf Pay Terms

6.1 Gulf Oil may cancel, modify, restrict, waive or terminate any Gulf Pay Terms, including but not limited to the rules for earning and redeeming discounts and the expiration policy for discounts, at any time, with or without prior notice, even though these changes may affect your ability to use any discounts you have already earned.

6.2 Your continued participation in Gulf Pay constitutes your acceptance of any changes to the terms and conditions of Gulf Pay. You are responsible for remaining knowledgeable of any changes that Gulf Oil makes to Gulf Pay and the Gulf Pay Terms.

6.3 The most current version of these Gulf Pay Terms will be available on the website www.gulfoil.com/gulfpay and will supersede all previous versions of these Gulf Pay Terms.
 

7. Changes to Gulf Pay or Termination

7.1 Gulf Oil may change the format, functionality or content of Gulf Pay at any time, for any reason and without providing advance notice to user. 

7.2 Users of the Gulf Pay App may be required to update the application on their device from time to time in order to use the most updated version. 

7.3 Your access to Gulf Pay will continue until such time as Gulf Oil decides to terminate Gulf Pay.  Gulf Oil may terminate Gulf Pay at any time in its sole discretion.  
 

7.4 Gulf Oil will provide notice of termination via the email address you supplied at the time of registration. Upon termination, your ability to earn additional discounts terminates immediately, and you will have to use any available discounts prior to the date of termination. After that date, any remaining discounts will be forfeited without compensation to you and without liability to Gulf Oil.
 

8. Disclaimer and Liability

8.1 To the fullest extent permitted by law, the functionality provided by Gulf Pay is on an “As Is” basis and Gulf Oil disclaims all guarantees, representations and warranties, express or implied regarding the operation or use of Gulf Pay, including but not limited to implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. 

8.2 You understand and agree that use of Gulf Pay is at your own risk and that you are solely responsible for your use and any damage related to or caused by accessing, downloading or using Gulf Pay. You also expressly acknowledge and agree that you are not entitled to rely upon, and have not relied upon, any representation or warranty by Gulf Oil that is not expressly stated in these Gulf Pay Terms.
 

9. Program Void

Gulf Pay and discounts are void where prohibited by federal, state or local law or regulations. These Gulf Pay Terms set forth all the terms of Gulf Pay. Gulf Oil has no other obligation with respect to Gulf Pay beyond those described in these Gulf Pay Terms.
 

10. Account Information

To review available discounts and expiration status, please log in to your account on Gulf Pay or at www.gulfpay.app to view your personal account information.
 

11. Indemnification

You agree to indemnity, defend, and hold harmless Gulf, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liability, expenses, damages and costs, including without limitation, legal costs arising from or relating to your use of the App on any Device or any violation of these Terms and Conditions, any law or the rights of any third party.
 

12. Disputes and Jurisdiction

These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Gulf Pay App, the state and federal courts in Massachusetts will have jurisdiction. BY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, THE USER AGREES THAT ANY CLAIMS OR DISPUTES SHALL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS.
 

13. Data Collection and Privacy Policy

The Gulf Pay App is operated by Stuzo, LLC. Personal data collected enables us to provide you with additional features/functionality. In addition, we use anonymized and aggregated information for purposes that include testing our IT systems, research, data analysis, creating marketing and promotion models, improving Gulf Pay, and developing new features and functionality within Gulf Pay. We collect your personal data in the following ways:

A. Account Registration Data. When you sign up Gulf Pay you provide and we collect certain personal data such as your name, email address, birth date, and postal code so you can use Gulf Pay.

B. Gulf Pay Usage Data. When you use Gulf Pay you provide and we collect personal data about your use of Gulf Pay. Personal data about you when you are using Gulf Pay may include (i) information about your interactions with Gulf Pay such as the date and time of any purchases you make, advertisements you have listened to or watched, and (ii) technical data such as URL information, cookie data, your IP address, the types of devices you are using to access or connect to Gulf Pay, device attributes, network connection type (e.g. WiFi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and Gulf Pay application version.

C. Voluntary Mobile Data. With your consent, we may collect additional personal data from your mobile device (e.g., your precise mobile device location or your voice data to enable you to interact with Gulf Pay with your voice) to provide you with features/functionality that will enhance your Gulf Pay experience.

D. From third parties. We may receive personal data about you and your activity from third parties, including advertisers and partners we work with to provide you with Gulf Pay. We will use this personal data either where you have provided your consent to the third party or to Gulf Oil. We may also receive information from other sources and combine that with information we collect through Gulf Pay such as for example (i) if you choose to link, create, or log in to your Gulf Pay account with a payment provider (e.g., Apple Pay) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app, or (ii) if you also interact with Stuzo, LLC in another capacity, for instance as a Store Owner or user of other apps we provide, we may combine or associate that information with information we have collected from you in your capacity as a User.
 

14. Severability

If any provision in these Gulf Pay Terms is considered invalid under the rule of law, it shall be regarded as stricken while the remainder these Terms shall continue to be in full force and effect.