Sunoco Pay Terms and Conditions
(Regulation E - Initial Disclosures)
Welcome to the Sunoco Retail LLC (“Sunoco”) Sunoco Pay program. These Program Terms and Disclosure (the Agreement) is between Sunoco Retail LLC and you, our valued customer.
Participation in Sunoco Pay allows you to link your checking account at an eligible U.S. bank or other financial institution (your Bank) to this payment program so you can pay for goods or services using your user name and passcode with our mobile app (user name and passcode and/or mobile app is the Payment Device) as follows: (i) using our mobile app at a point of sale electronic terminal at a participating location, (ii) using our mobile app at a participating location without a point of sale electronic terminal, or (iii) using our mobile app or on our website with the items purchased being delivered or picked up at one of our participating stores. The checking account that is linked for such purchases is your Account. This Agreement is in addition to any agreement that you may have with your Bank. Please review your Bank agreement for any terms, including fees that your Bank may apply to your Account.
Please read this Agreement carefully to understand how Sunoco Pay works, as well as your rights and obligations.
Payment Device Not Bank Issued. The Payment Device is not issued by your Bank. Benefits and protections for transactions made using the Payment Device may vary from those available through debit cards issued by you Bank.
Customer Service. If you need help or have questions about Sunoco Pay call us toll-free at 1-800-337-9897. Our customer service representatives are available 24 hours a day.
You Agree. You acknowledge and agree that paying with your Payment Device constitutes acceptance of, and is subject to, the terms of this Agreement, and that this Agreement contains the entire and final agreement between you and us concerning Sunoco Pay. You also agree that any payments under this Program is only for personal, family or household purposes and for the purposes described in this Agreement. We reserve the right to terminate this Agreement and your ability to make purchases under
Sunoco Pay if you violate any provision of this Agreement or use your Payment Device for an improper purpose.
Eligibility. You are eligible to register in Sunoco Pay if you are 18 years of age or older and maintain a bank account that may be used in connection with Sunoco Pay. To register in
Sunoco Pay, you must accept the terms of this Agreement and complete the Sunoco Pay registration process. We reserve the right to deny you registration in the Sunoco Pay program and reject your payment under Sunoco Pay for any reason and in our sole discretion.
Information Accuracy; Credit Verification. You must provide us with information about you and your Account to register in Sunoco Pay. You agree to promptly notify us of any changes in any information you provide to us. You acknowledge and agree that any information you provide to us is complete, true and accurate. You authorize us, or our service providers on our behalf, to request and obtain, from time to time, consumer reports from consumer reporting agencies and other information about you from third parties (including, without limitation, information concerning your Account) that we believe is helpful to determine your eligibility to participate in Sunoco Pay, to complete requested transactions, or for any other legitimate business purpose.
Joint Account. If the Account is owned by two or more persons, you represent and warrant that you have all necessary right, power and authority to act on behalf of each other owner of the Account for purposes of this Agreement, including by authorizing us to debit funds in the Account to satisfy transactions authorized pursuant to this Agreement.
Availability of Funds. You agree to have sufficient funds in your Account to satisfy all transactions and other obligations incurred with your payment by the Payment Device (including any cash back received and charges provided for in this Agreement). Payments made with the Payment Device that exceed the balance in your Account may result in overdrafts and associated fees which you are responsible for, regardless of whether you have opted to allow overdrafts with respect to debit cards issued by your Bank. You also agree that we may suspend your ability to pay for transactions in connection with Sunoco Pay or terminate this Agreement.
Exclusivity. Your Payment Device is exclusively for your use and you shall NOT to permit any person to use your Payment Device, and to take reasonable precautions to safeguard and keep it confidential. You agree that if you permit another person to use your Payment Device, you are responsible for any transaction performed and charges incurred by such person.
Transaction Types and Limitations.
(a) Transactions Types. You may use your Payment Device to pay for purchases with our mobile app at participating locations.
(b) Limitations on Frequency and Amount of Transactions. To protect the security and integrity of the
Sunoco Pay, limits may be imposed on the frequency and amount of transactions that may be made with the Payment Device.
Returned Items. If any Sunoco Pay transaction you make is returned unpaid, you authorize us or our service provider to make an electronic fund transfer from, or paper draft to, your Account to collect a fee. The fee will be determined based on your state of residence as provided to us. See returned payment fee chart at: https://www.firstdata.com/en_us/customer-center/merchants/telecheck-returned- check-fees.html. In the event that the Payment Device is used at one of our locations at a point of sale terminal, and the returned-item fees posted at the point-of-sale are different from those set forth in herein, the fees posted at the point-of-sale shall apply.
Confidentiality. We will disclose information to third parties about you as part of your registration in
Sunoco Pay, or the transactions you make using your Payment Device: (a) where it is necessary for completing your Sunoco Pay transactions, (b) in order to comply with government agency or court orders, (c) if you give us your written permission, which, if you are a Massachusetts consumer, will automatically expire 45 calendar days after we receive your authorization (any owner of your Account may provide us with such permission), (d) to a consumer reporting agency as defined by applicable state and federal law, or (e) as otherwise disclosed in our Privacy Policy for the Sunoco Pay as set forth below.
Documentation. If you use your Payment Device at an electronic terminal at anyone of our participating locations, you can get a receipt at the time you make any Sunoco Pay transaction. Your
Sunoco Pay transactions also will appear on the statement you receive from your Bank regarding your Account.
Contacting you by telephone, including wireless phone and emails. You agree that in order to service your Sunoco Pay account, or collect any amounts you may owe we, our service provider and/or their agent may contact you by any telephone number associated with your account, including any wireless number which may result in charges to you. This may be a number you provided or a number obtained from other sources. We may also contact or communicate with you by sending text messages or emails, using any email address you provided to us. Methods of contact may include using pre- recorded/artificial voice messages and/or use of an automatic dialing device, as applicable.
Arbitration. Any controversy or claim arising out of or relating to Sunoco Pay, or the breach of the terms hereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Your Liability.
TELL US AT ONCE IF YOU BELIEVE THAT PAYMENT DEVICE HAS BEEN LOST OR STOLEN. TELEPHONING IS THE BEST WAY OF KEEPING YOUR POSSIBLE LOSSES DOWN. YOU COULD LOSE ALL THE MONEY IN YOUR ACCOUNT (PLUS YOUR MAXIMUM OVERDRAFT LINE OF CREDIT). IF YOU TELL US WITHIN FOUR BUSINESS DAYS AFTER YOU LEARN OF THE LOSS OR THEFT OF YOUR PAYMENT DEVICE, YOU CAN LOSE NO MORE THAN $50 IF SOMEONE USED YOUR PAYMENT DEVICE WITHOUT YOUR PERMISSION.
IF YOU DO NOT TELL US WITHIN FOUR BUSINESS DAYS AFTER YOU LEARN OF THE LOSS OR THEFT OF YOUR PAYMENT DEVICE, AND WE CAN PROVE WE COULD HAVE STOPPED SOMEONE FROM USING YOUR CARD WITHOUT YOUR PERMISSION IF YOU HAD TOLD US, YOU COULD LOSE AS MUCH AS $500.
ALSO, IF THE STATEMENT YOU RECEIVE FROM YOUR BANK REGARDING YOUR ACCOUNT SHOWS TRANSFERS MADE BY USE OF YOUR PAYMENT DEVICE THAT YOU DID NOT MAKE, TELL US AT ONCE. IF YOU DO NOT TELL US WITHIN 90 DAYS AFTER THE STATEMENT WAS MAILED TO YOU, YOU MAY NOT GET BACK ANY MONEY YOU LOST AFTER THE 90 DAYS IF WE CAN PROVE THAT WE COULD HAVE STOPPED SOMEONE FROM TAKING THE MONEY IF YOU HAD TOLD US IN TIME. IF A GOOD REASON (SUCH AS A LONG TRIP OR A HOSPITAL STAY) KEPT YOU FROM TELLING US, WE WILL EXTEND THE TIME PERIODS.
Contact in the Event of Unauthorized Use of Your Payment Device. IF YOU BELIEVE YOUR PAYMENT Device has been lost or stolen, call us (800) 398-9089, write to us at Customer Service at P.O. Box TeleCheck Services, Inc, ATTN: Resolutions Department, PO Box 6806, Hagerstown, MD 21741-6806. You should also notify your Bank.
In Case of Errors or Questions About Your Transactions
ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR PAYMENT DEVICE MUST BE DIRECTED TO US AND NOT THE BANK WHERE YOU HAVE YOUR ACCOUNT. We are responsible for the Sunoco Pay program and for resolving errors in transactions made with Payment Device. We will not send you a periodic statement listing transactions that you make using your Payment Device. The transactions will appear only on the statement issued by your Bank. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE YOUR PAYMENT DEVICE, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM
YOUR BANK. If you have any questions about one of these transactions, call or write us at the telephone number and address indicated below.
Telephone us at: (800) 398-9089 or
Write us at: TeleCheck Services, Inc, ATTN: Resolutions Department, PO Box 6806, Hagerstown, MD 21741-6806
as soon as you can, if you think your receipt or the statement from your Bank is wrong or if you need more information about a Sunoco Pay transaction listed on the receipt or statement. We must hear from you within 90 days after your Bank sent the FIRST statement on which the problem or error appeared.
(i) Tell us your name, address, telephone number, Bank and Account number;
(ii) Describe the error or Sunoco Pay transaction you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information; and
(iii) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Account.
For errors involving new accounts or a transaction at the point-of-sale, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Our Liability. If we do not complete a Sunoco Pay transaction from your Account on time or in the correct amount in accordance with this Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance, if: (a) through no fault of ours, you do not have enough available funds in your Account to make the transaction; (b) the transaction will go over the credit limit on your overdraft line of credit tied to your Account (if any); (c) we receive incomplete or inaccurate Account information from you or a third party; (d) you or we have terminated this Agreement; (d) the point-of-sale terminal or other part of the Sunoco Pay system was not working properly and you knew about the breakdown when you started the transaction; (e) your Payment Device has been reported lost or stolen, we have reason to believe in our sole discretion that a transaction has not been properly authorized or that you or someone else is attempting to make a transaction for fraudulent or illegal purposes, or we otherwise have reason to believe in our sole discretion that transaction will be returned unpaid; (f) your Payment Device has been canceled at our discretion;
(g) you did not properly follow the provisions of this Agreement; or (h) circumstances beyond our control, such as fire, flood, or power loss, prevent the transaction, despite reasonable precautions that we have taken. There may be other exceptions stated in our Agreement with you.
Limitation on Liability. We will not be liable for any loss or damage you incur as a result of any dealings with, or services provided by, the Bank that holds your Account. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Keeping You Informed of Changes. We may change any term or condition of this Agreement in our sole discretion and from time to time. Any such change will generally be effective immediately without notice to you unless we are required by applicable law to provide you with advance written notice of the proposed changes. In such instances, those changes will be effective as stated in such notice. If you do not agree to the changes, you may terminate this Agreement in accordance with the terms of this Agreement. You will be deemed to accept any changes to this Agreement if you continue to maintain or use your Payment Device in connection with Sunoco Pay after the date on which the changes became effective. This Agreement may not be amended or modified orally.
Cancellation and Termination. We reserve the right to terminate this Agreement and cancel your participation in the Sunoco Pay program for any reason and at any time without notifying you. You also have a right to terminate this Agreement and your use of your Payment Device by calling us at (800) 398-9089 or writing us at Customer Service at TeleCheck Services, Inc, ATTN: Resolutions Department, PO Box 6806, Hagerstown, MD 21741-6806. If you call, we may require you to put your request in writing and get it to us within ten (10) calendar days after you call.
If we take any action to collect any amounts you owe us under this Agreement or to defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, liabilities, claims, fines, penalties, fees, costs and expenses (including, without limitation, attorneys' fees and litigation costs) of any kind, to the extent permitted by applicable law.
Any termination of this Agreement, whether initiated by you or us, will not affect any of your or our rights and obligations that have arisen before the effective date of termination of this Agreement. You will be responsible for all Sunoco Pay transactions completed with your Payment Device, even if we allow a transaction to be completed with your Payment Device after this Agreement has been terminated.
Disclaimer of Warranties. WE DO NOT MAKE, AND WE HEREBY DISCLAIM TO THE EXTENT PERMITTED BY LAW, ANY WARRANTIES REGARDING THE SUNOCO PAY PROGRAM, THE USE OF YOUR PAYMENT DEVICE OR ANY GOODS OR SERVICES PURCHASED THEREWITH, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Business Days. For purposes of this Agreement, our business days are Monday through Sunday. Holidays are not included.
No Third-Party Beneficiaries. This Agreement is for the sole and exclusive benefit of you and us, and it is not intended to confer upon any person other than you and us (and both of our respective successors and permitted assigns) any rights, remedies or benefits. This Agreement does not relieve or discharge any obligation or liability of any third person or entity and does not give any third party any right to subrogation or other action over or against either of us.
Indemnification. You agree to indemnify and hold us and our affiliates, and our and our affiliates’ respective directors, officers, employees, and agents harmless from and against losses, liabilities, claims, fines, penalties, fees, costs and expenses (including, without limitation, attorneys' fees and litigation costs) of any kind arising in connection with the services provided under this Agreement, except to the extent that they arise out of our breach of this Agreement.
Assignment. We may, at any time, assign this Agreement, including our rights, interests and obligations thereunder, in whole or in part, or delegate any of our responsibilities under this Agreement to any other person or entity without notice to or consent from you. You may not assign this Agreement, including any of your rights, interests and obligations thereunder, in whole or in part, or delegate any of your responsibilities under this Agreement without our prior written consent.
Waiver. We may delay enforcing our rights under this Agreement without losing them. If we waive a provision of this Agreement, the waiver applies only in the specific instance in which we decide to waive the provision and not to future situations or other provisions.
Successors. This Agreement is binding upon and for the benefit of you and us, and your and our permitted successors and assigns.
Severability. If any provision of this Agreement is deemed to be void or unenforceable by a court of competent jurisdiction, or any governmental agency, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of this Agreement. All other provisions of this Agreement will, however, remain in full force and effect.
Governing Law. This Agreement shall be governed by and interpreted according to the laws of
Texas without regard to conflicts of laws principals thereof, and to the extent applicable, the laws of the United States. The unenforceability of any provision of this Agreement will not in any way affect or impair the legality of enforceability of the remaining provisions of this Agreement.
Electronic Signatures. YOU ACKNOWLEDGE THAT YOU (1) HAVE THE ABILITY TO ACCESS, READ, PRINT AND RETAIN THESE TERMS OF USE IN WRITTEN OR ELECTRONIC FORM; (2) USE, AS LEGALLY ALLOWED, YOUR ELECTRONIC SIGNATURE ON THESE TERMS OF USE AND ACKNOWLEDGE IT IS VALID AND BINDING, (3) UNDERSTAND THAT SUNOCO RETAIL LLC ADVISES YOU TO PRINT AND RETAIN A HARD COPY OR SAVE AN ELECTRONIC COPY OF THESE TERMS OF USE FOR YOUR RECORDS OR CONTACT SUNOCO RETAIL LLC AT WWW.SUNOCO.COM/CONTACT-US OR 1-800-2SUNOCO TO OBTAIN A PHYSICAL COPY; AND (4) ARE OVER THE AGE OF 18 AND OTHERWISE HAVE LEGAL CAPACITY TO ENTER INTO THESE TERMS OF USE AND KNOW OF NO IMPEDIMENT TO THE LEGAL VALIDITY OF THESE TERMS OF USE. THESE TERMS OF USE ARE LINKED TO PAYMENT DEVICE YOU HAVE USED FOR ENROLLMENT IN SUNOCO PAY AND RELATED REGISTRATION OF YOUR BANK ACCOUNT(S). ANY SUNOCO PAY TRANSACTIONS OR CHANGES TO YOUR ENROLLMENT PROFILE THAT ARE INITIATED FROM THE PAYMENT DEVICE ARE AUTHORIZED BY YOU. YOU UNDERSTAND YOU SHOULD CONTACT SUNOCO PAYAT WWW.SUNOCO.COM/CONTACT-US OR 1-800-2SUNOCO TO UPDATE YOUR CONTACT INFORMATION IF SUNOCO NEEDS TO CONTACT YOU ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE.
Privacy. Sunoco's use of your personal information and your responsibilities in connection with protecting your privacy are described in the Sunoco Privacy Policy, which is incorporated by reference into these Program Terms and Conditions and are available at: https://www.sunocolp.com/privacy-policy.