Terms and Conditions ("Terms")

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.pumafastpay.comwebsite and the Puma Fast Pay mobile application (the “App”) operated exclusively by Alias Payments, Inc. ("us", "we", or "our") as it contains important information regarding your legal rights, remedies, and obligations, including various limitations and exclusions. Alias Payments, Inc. is not related nor affiliated to Puma Energy Caribe, LLC.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service in any way.

By downloading and installing the App onto your device and creating an account you are acknowledging you have read, understand and agree to these Terms and Conditions and you agree to be fully bound by these Terms including the Privacy Policy, as defined below.If you do not agree with any of these Terms and Conditions or are unwilling to abide by any term or condition set forth herein, we do not grant you permission to use the App, you must and will cease its use, and you must uninstall it from your device.

We may change these Terms at any time by notifying you of a change when you next start the App (we may also email you about any material changes to the Terms). The new terms will be displayed on-screen and you will be required to agree to them to continue your use of the App. The date these Terms were last updated appears at the bottom of these Terms.

The Spanish version of these “Terms and Conditions” is a translation of this English Version. In case of any conflict between the contents of this English version and the Spanish version, you accept and acknowledge that this English version is the original and shall prevail. You can review a copy of both the Spanish and English versions of these Terms and Conditions at www.pumafastpay.com/terminos/.

Purchases

The App enables you to use and pay for the automated fuel dispenser services at Puma brand fuel stations in Puerto Rico (the “Services”). If you wish to avail yourself of the Services and purchase gasoline through the App ("Purchase"), you will be asked to supply certain information relevant to your being able to proceed with your Purchases, which includes, without limitation, your credit or debit card number, the expiration date of your credit or debit card, security code and your billing and/or shipping address.

By using the Service for a Purchase you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy, as defined below. For information regarding our sharing of your Personal Information please review the Privacy section of these Terms.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

These Terms apply to the App including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply.

From time to time we may issue updates to the App. Depending on the update, you may not be able to use the App until you have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain models of device. In order to use the App, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the App will require certain software in order for the App to work correctly and it is your responsibility to ensure that you have the required up-to-date software, and (b) the App has not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the App meets your requirements.

You may only download and install the App onto a device that you own, or if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the App, whether or not you own the device onto which the App is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the App is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the App.

Access to the App may be suspended temporarily and without notice (a) in the case of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Permitted Use and Restrictions

In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence (i.e. permission) to use the App subject to these Terms. We reserve all other rights, which are not granted in these Terms. You may download and install the App through authorized App Store Providers only, and you may view, use and display the App for your personal purposes only.

The App is exclusively available for use in Puma brand gas stations in Puerto Rico. Any use whatsoever of the App for purchases in gas stations of any other brand or for any other purpose not specifically provided herein is strictly prohibited.

You must not use the App: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system used by the App, (b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, (c) to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (e) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service shall be governed by rules that are separate from these Terms & Conditions and will at all times comply with all applicable laws and regulations, including but not limited to DACO’s Regulation No. 7764 or any similar regulation that may substitute it in the future. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy, as defined below. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply exclusively for purposes of such Promotion.

Accounts

When you create an account with us, you acknowledge and guarantee that you are above the age of eighteen (18), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

In order to create your account you will have to provide certain Personal Information and information regarding your credit or debit card to process the purchases. All information you submit shall be subject to our Privacy Policy, as defined below. You are exclusively responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account by contacting us at the address that appears below. If your device is lost or stolen, you should also contact the financial institution that issued the debit or credit card you use with your Account to prevent any unauthorized use of your debit or credit card.

You may not use as a username the name of another person or entity or any name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, disable any password or other authentication information, or cancel any purchase in our sole discretion at any time.

You agree that your debit or credit card account will be charged for the fuel you purchase on your Account. The card associated with your Account will be charged each time you use your Account in the App to make a purchase. You are responsible for providing us with a valid debit or credit card account for the payment of all charges at all times. You also agree not to cancel or request the cancellation of any fuel purchase transaction using the App that was appropriately carried out. In case of any error or malfunction in the processing of the payment with your debit or credit account, you agree that you are responsible to cover such amounts and authorize us to reprocess your payment until the amount is fully covered. By using the App for your gasoline purchase at a Puma gas station in Puerto Rico you accept and consent to us providing you exclusively with an electronic receipt for your purchase which will be emailed to the email address associated with your account. If you prefer to receive a written receipt please refrain from using the App and simply proceed to pay the cashier at the gas station for your gas purchase.

You agree and accept that if you have to make any claim regarding your gas purchase you may be required to show a copy of your receipt. Furthermore, you acknowledge that it may take up to ten (10) business days for a claim to be analyzed and for a possible credit to be processed. You also acknowledge and understand that the time it takes for a credit to be ultimately reflected in your credit or debit card is strictly the responsibility of the banking institution with which you have the account that you registered to use the App. Alias is not responsible for the time it takes your banking institution to issue you any credit as a result of a claim once we have notified them of the need to issue the same.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Alias Payments, Inc. and its licensors, as applicable. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Alias Payments, Inc..

Privacy

These Terms and Conditions also incorporate the terms of our Privacy Policy (as it may be updated from time to time), which is available in the APP and at www.pumafastpay.com/privacidad_ (the “Privacy Policy”). Our Privacy Policy explains how your Personal Information will be collected, shared, and used as well as other information regarding your privacy. In order for the App to function correctly, we may collect, use and share precise location data, including real-time geographic location of your mobile device. This data is collected anonymously in a form that does not personally identify you and is used to provide the location-based mobile payment services at the Puma brand gas stations.

For your protection, your credit or debit card information is tokenized and stored using a PCI Level 1 3rd party provider, For this process, we ask for your first name, last name, credit or debit card number, expiration date, card verification value (CVV), and the billing zip code. This information is validated and automatically stored in the vault. WE DO NOT HAVE ACCESS AT ANY TIME TO YOUR CREDIT OR DEBIT CARD NUMBERS, OR TO YOUR CVV INFORMATION. To activate your debit or credit card you must verify the same, For purposes of card verification, we make two small random amount debits which you must confirm by checking your card statement and entering the amounts on the App. Once you have completed this process you will be able to use the validated card in the App.

Please note that we will not share, at any time, any of your credit or debit card information, including but not necessarily limited to your credit card number and your CVV nor the related encrypted tokens with Puma Energy Caribe, LLC or any of its affiliates.

By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (i) the processing of your Personal Information as explained in these Terms and in the Privacy Policy and (ii) the collection of information from your device as explained in these Terms and in the Privacy Policy. Unless otherwise defined in these Terms, words used in these Terms have the same meanings as in our Privacy Policy.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of Puerto Rico where the data protection laws may be different than those from your jurisdiction.

If you are located anywhere outside of the United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to the United States and process it there.

Your consent to these Terms and Conditions followed by your submission of such information represents your agreement to that transfer.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Alias Payments, Inc..

Alias Payments, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that neither Alias Payments, Inc., nor Puma Energy Caribe, LLC. nor any of their respective affiliates shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account, withdraw your permission to use and bar access to the App and Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service.

On termination of these Terms for any reason: (a) all rights granted to you under these Terms will immediately cease, (b) you must immediately cease all activities authorized by these Terms (including your use of the App), (c) you must immediately uninstall and remove the App from your device(s) and (d) you acknowledge that we may restrict your access to the App and/or remove it from your device.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Alias Payments, Inc., Puma Energy Caribe, LLC and its affiliates, and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Alias Payments, Inc., Puma Energy Caribe, LLC, nor their directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Each party irrevocably waives its rights to trial by jury in any action or proceeding arising out of or relating to these Terms and Conditions, or any transaction relating to its subject matter, including, but not limited to, your use of the services.

Disclaimer

You expressly acknowledge that your use of the App and the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Further, you understand that any loss of data or damage to your computer system that you experienceusing the App is at your sole risk. To the maximum extent permitted by applicable law, the App and the Services are provided on an "AS IS" and "AS AVAILABLE" basis with all faults and without warranty of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance and are subject to change at any time without notice to you.

Alias Payments, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Nothing in these Terms will limit or exclude our liability for any liability that cannot be excluded or limited pursuant to the laws of the Commonwealth of Puerto Rico.

Governing Law

These Terms shall be governed and construed in accordance with the laws of The Commonwealth of Puerto Rico, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of these Terms operates separately. If any court of competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least fifteen (15) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, if you wish to contact us in writing, or if any condition in these Terms requires you to inform us of any situation, please contact us at https://www.pumafastpay.com/ayuda

These Terms were last updated on September 1, 2016.