TERMS OF USE

 

FuelingAround Inc. ("we" or "us") welcomes you (here in after referred to as "you" and/or "customer" to www.fuelingaround.com (the "Site").  Please read the terms of service carefully before using the Site.  FuelingAround Inc. Inc. operates under the trademark FuelingAround™

 

Your use of the Site is expressly conditioned on your acceptance without modification of the following Terms of Use (the "Terms of Use"). These Terms of Use, together with the Privacy Policy collectively referred to as the "Agreement". By accessing and using this Site, you signify that you have read, fully understand and agree to be legally bound by this Agreement and to comply with all applicable laws and regulations as they may change from time to time.  If you do not agree to any of the following Terms of Service , do not access or use this site. By accessing or using this Site, you acknowledge that you have read this Agreement and you agree that each use by you of this Site signifies your continuing agreement to be bound by this Agreement. Subject to applicable law, FuelingAround Inc., reserves the right, in our sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to this Agreement prior to the date the amendment comes into effect, and will indicate the date this Agreement was last revised. In addition, if you have registered for an account on our Site (an "Account") we will provide you notice of the revision to your registered email address. To the fullest extent permitted by applicable law, your continued access to and/or use of the Site after the revised date specified in the Agreement constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised. You hereby acknowledge and agree that FuelingAround Inc. reserves the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that FuelingAround Inc. will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

By accessing or using this Website, you acknowledge that you have read this Agreement and our Privacy Policy. You agree that each use by you of this Website signifies your continuing agreement to be bound by this Agreement.

 

1. The Site

The Site is operated and maintained by FuelingAround Inc. FuelingAround.com is platform offering customers access to on demand and scheduled fuel services.  Customers receive fuel delivered to their vehicles at their home or office address. Through the Site, Customers enter specific information that is needed for the delivery of fuel services.

 

2.The client must supply a email address to onboard to the system.  FuelingAround.com uses the email to communicate and conduct business with the client.

 

3. Refuelling Terms

FuelingAround Inc. uses on demand and monthly subscription options to provide customers with vehicle refuelling services at their home and office address. FuelingAround Inc. provides its customers currently with regular gasoline only.  Regular refuelling events will take place in vicinity of the address provided in the customer profile.  FuelingAround Inc. Will evaluate on a case by case basis where fuelling operations take place and will only do so when safe to do so and all local laws and bylaws are met. It is the responsibility of the customer to ensure access to the fill port of the vehicle or vehicle’s that is registered in the system. 

FuelingAround Inc.  Reserves the right at all times to deny or cancel a refuelling or other service if FuelingAround Inc. identifies, in its sole discretion, a safety or other concern of any kind, and you acknowledge and agree that FuelingAround Inc. shall have no liability for refusing to perform, a refuelling or other service if FuelingAround Inc. identifies and such concern.

 

4. Cancellation Policy and Changing of Subscription.

Customers are billed their chosen subscription offering one month from the day of registration.  Customers.  If a client wants to cancel or change a subscription contact FuelingAround Inc at Toll Free 1.844.Fuel2Me.

5. 7. Payment for Service

FuelingAround Inc. uses a third party service to process credit card information. All payments by you must be made through the site except when FuelingAround Inc instructs the client that a alternate process would be used to process payments.  No refunds or credits will be provided once your credit card has been charged, except that in FuelingAround Inc. sole discretion, refunds or credits may be granted in extenuating circumstances, such as to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result there from.

 

6. Ownership

This Site, its design, all text, graphics, content, video, audio and the selection and arrangement of the Site are the property of FuelingAround Inc. and/or its various subsidiaries, affiliates, third party providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada and other countries. None of the content found on the Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of FuelingAround Inc. or the applicable Third Parties.

The Site and all other related trademarks and design marks displayed on the Site (collectively, the "Trademarks") are registered and common law trademarks of FuelingAround Inc.. Other trademarks and design marks appearing on this website are trademarks of their respective owners. The trademarks of Third Parties are used under license. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of FuelingAround Inc. or the other party that may own the applicable trademarks.

 

7. Copyright

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FuelingAround Inc. or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this the site is the exclusive property of FuelingAround Inc. and protected by Canadian and international copyright laws. All software used on this the site is the property of FuelingAround Inc. or its software suppliers and protected by Canadian and international copyright laws.

 

8. Use of Site

You may use this Site only if you are a resident of Canada, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use this Site if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this Site is lawful, and you must comply with all applicable laws. FuelingAround Inc. only provides Services within Canada.

Neither the Site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of FuelingAround Inc., except that you may download, display and print the content presented on the Site for your personal, non-commercial use only. Unauthorized use of the Site and/or the content contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this Site. The use of that content on any other website or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information from the Site for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools on the Site.

You are prohibited from contributing, posting or transmitting to this Site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fueling Around Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

In its sole discretion, in addition to any other rights or remedies available to FuelingAround Inc and without any liability whatsoever, FuelingAround Inc. at any time and without notice may terminate or restrict your access to any component of the Site.

 

9. Privacy

You have read FuelingAround Inc. Privacy Policy, the terms of which appear on the Site here and are incorporated into these Terms of Use, and you agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by FuelingAround Inc.in accordance with the terms of and for the purposes set out in the FuelingAround Inc. Privacy Policy.

 

10. Feedback

FuelingAround Inc. enables visitors to the Site to provide FuelingAround Inc. with feedback by email phone,or otherwise ("Customer Content"). If you provide Customer Content you grant FuelingAround Inc. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Customer Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Content. You also grant FuelingAround Inc. the right to use the name you submit with the Customer Content, if any, in connection with the FuelingAround Inc. rights set out in this section.

 

11. Liability Disclaimer

Except as explicitly provided in these Terms of Use as amended from time to time, FuelingAround Inc. and the Third Parties make no representations of any kind, express or implied, regarding the Site and Services.  FuelingAround Inc. and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Site, or any of the content or data found on the Site, and expressly disclaim all conditions in respect of the Site, its content or data, and any products or Services offered for sale on the Site, including conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. FuelingAround Inc. and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

FuelingAround Inc. and the Third Parties assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video or audio from the Site.

 

Limitation of Liability

Except as provided below, in no event will FuelingAround Inc. or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or in connection with this Agreement, connected with any use of the Site or its content, the operation of this Site or any failure or delay in the operation of this Site (including, but not limited to the inability to use any component of the Site for purchases), or any of the products or Services offered on the Site, even if advised of the possibility of damages.

The liability of FuelingAround Inc. and any of the Third Parties, including the Service Providers with respect to any and all claims arising out of the performance or non-performance of FuelingAround Inc. obligations in connection with this Agreement, including any failure or delay in performing any obligation hereunder, and/or including with the sale of the Services, whether based on contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the amount paid by you under these Terms of Use for the specific product or service to which the loss or damage relates. Such amount shall be the Customer's sole remedy, and FuelingAround Inc. sole liability for such matters.

This limitation of liability shall prevail over any conflicting or inconsistent provision contained in any provision of this Agreement.

 

Indemnification

You will indemnify and save harmless FuelingAround Inc. and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought in connection with or resulting from, directly or indirectly:

1.     your use or misuse of or inability to use the Site, and/or any Service;

2.     your violation of this Agreement;

3.     your violation of any applicable law or regulation;

4.     your violation of the rights of another (including but not limited to Service Providers); and

5.     your information and content that you submit or transmit through the Site.

FuelingAround Inc. reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of FuelingAround Inc..

 

12. Accuracy of Information

We rely on the information you provide through this Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

 

13. Links/Software

The Site contains links to websites owned or operated by other entities which are not associated or affiliated with FuelingAround Inc. or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by FuelingAround Inc. or the Third Parties of the linked H or information contained in the linked website, or of their security or privacy practices. FuelingAround Inc. and the Third Parties will not be responsible for the content of any other linked websites and makes no representation regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk. Framing of the Site or any of its content in any form and by any method is strictly prohibited.

Linking to any other website is at your sole risk and FuelingAround Inc. will not be responsible or liable for any damages in connection with such linking. In addition, FuelingAround Inc. does not endorse or approve of any websites linked from or to the Site, except for other websites operated by FuelingAround Inc..

You may not gather, extract, reproduce and/or display on any other non- FuelingAround Inc. website or other online service, any material on or from the Site, whether or not by the use of spiders or other 'screen scraping' software or system used to extract data without the express consent of FuelingAround Inc..

If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading that software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies that software or is provided with that software or in these Terms of Use.

 

14. Survival

The provisions above that follow the heading "Liability Disclaimer" will survive the termination of your access to the Site.

 

15. Relationships

The relationship between FuelingAround Inc. and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or your use of the Site.

 

16. Governing Laws, Jurisdiction

You consent and submit to the exclusive jurisdiction of the courts located in the town of Okotoks, in the Province of Alberta, Canada, in all disputes arising out of or relating to the use of the Site and these Terms of Use. This Agreement and its performance will be governed by the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable in that Province.

 

17. Severability

This Agreement will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of this Agreement.

 

18. Headings

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement.

 

19. Entire Agreement

These Terms of Use, together with those incorporated or referred to in these Terms of Use, including the Privacy Policy, constitute the entire agreement between us pertaining to the subject matter of these Terms of Use, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms of Use, and may not be amended or modified except by FuelingAround Inc. as set out above. There are no representations or other agreements between us, express or implied in connection with the subject matter of these Terms of Use, except as specifically set out in these Terms of Use or in those incorporated or referred to in these Terms of Use. No party has been induced to enter into these Terms of Use in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Use or in those incorporated or referred to in these Terms of Use.

20. Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

21. Business Name and Business Ownership

The legal business name of FuelingAround Inc. Please direct enquiries to the FuelingAround Inc.'S registered business address at 2 Winters way, Okotoks, Alberta, T1S 1W9 or by telephone at 1-587-215-3766 or e-mail at info@Fueling Around Inc.

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