"Application", "Online Application" or "Apply Now section" means the form you must complete in order to sign up or register for one or more of the fuelcards offered on Fuelcards.co.uk;
"Registration" means all personally identifiable information collected by us when a user registers on the Website and/or participates in any Fuelcards.co.uk online competition and/or registers for any other reason; or registers for online account management access
"Service" means the provision by us to you of access to the Information through this Website;
"we", "us", "our" means Fuelcards.co.uk, St James Business Park, Grimbald Crag Court, Knaresborough, HG5 8QB
"Website" means the relevant website situated at www.fuelcards.co.uk
"you", "your", means you, the Service end-user. "yourself"
1. REGISTRATION, PASSWORD, SECURITY & USE OF THE SITE
To apply for a fuel card(s) on the Website, you must complete the online registration process by clicking on the "Apply for a card", "New Application" or "Apply for this card" buttons and providing us with true, accurate, current and complete information about your company. You will need to submit various details including your name and email address and choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and other account details. Furthermore, you are entirely responsible for any and all activities that occur under your account in the "Account Management" section. You agree to: (a) notify us immediately of any unauthorised use of your account or any other breach of security; and (b) exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with our general terms and conditions. If you provide any information that is untrue, inaccurate, or not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or not current or complete, we have the right to suspend or terminate your access to those parts of the Service requiring registration.
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that the "Application" will be saved on the Website and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
2. DISCLAIMER OF WARRANTIES
The Service is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and/or fitness for a particular purpose.
You acknowledge that: (a) it is technically impossible to provide the Service free of faults and that we do not undertake to do so; (b) faults may lead to temporary unavailability of the Service; (c) the results that may be obtained from the use of the Service may include inaccuracies or typographical errors; and (d) the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks.
You further acknowledge that some of the Information, for example software, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such Information.
We will not be liable to you for failures, defects or delays in the Service in any circumstances, including without limitation where: (a) you have provided incorrect information in connection with the Service; (b) you accidentally erase an element of the Service provided to you; or (c) your failure to comply with the instructions for use of the Service as explained by us.
3. LIMITATION OF LIABILITY
You agree that, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this Contract or the use or performance of the Service or Website, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage). Please see our general terms and conditions of use for further details.
4. RIGHTS GRANTED/RIGHTS RESERVED
We provide the Information to you solely for your personal, non-commercial purposes and you may download the Information onto only one (1) computer hard drive for such purposes. The Information may not be used for any other purpose including without limitation, publication, reproduction or transmission without our express written permission, subject to which you may upload and/ or send material derived from the Information or other material to us. By uploading or sending any material to us, you thereby grant to us an irrevocable, unconditional, world-wide, royalty free licence to use such material or any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion. Furthermore, you thereby waive all so-called moral rights or other similar rights in such material. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Information. All rights not expressly granted are reserved to us.
5. USER CONDUCT
We provide the Service to you solely for your personal, private use. You undertake not to use the Service:
(a) for any unlawful purpose;
(b) in any way so that the Serice is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;
(c) in any way that may damage or disrupt another user's computer;
(d) for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
(e) to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libellous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
(f) as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
(g) in a manner which constitutes a violation or infringement of any person, firm or company's rights (including, but not limited to, rights of copyright or confidentiality);
(h) to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;
(j) to transmit, upload, post or otherwise make available any solicited or unauthorised advertising, promotional materials, "junkmail", "spam", "chain letters", "pyramid schemes" or any duplicative or unsolicited messages.
Notwithstanding this, we do not control the content posted by you or other users of the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable. Furthermore, whilst we make every effort to test and check Information and content on the Website, we recommend that you run anti-virus programs on any Information and/or content obtained via the Service.
Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.
You acknowledge that we do not monitor or pre-view any content posted via you or other users of the Service, but that we shall have the right (but not the obligation) to refuse access to or move any content made available via the Service.
6. INTELLECTUAL PROPERTY
All copyright, trade marks and all other intellectual property rights in the Service, Information and the Website shall remain vested in us or our licensors.
7. SUSPENSION AND TERMINATION
We shall have the right to immediately terminate this Contract and/or suspend your access to the Service if you commit a breach of these terms and conditions.
This Website may contain links to other websites which are not controlled by us. This Contract only applies to your use of this Website and the Service and we shall not be responsible for any content on any other websites. Any link to any other website does not amount to an endorsement of that website or its content.
CHANGES TO THIS CONTRACT AND THE SERVICE
We reserve the right to change the terms and conditions of this Contract from time to time by placing a note of such change in this document, and your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this document regularly to determine whether this Contract has been changed. If you do not agree to any change in the terms and conditions of this Contract then you must immediately stop using the Service. We also reserve the right to change and update the Service from time to time.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
CHOICE OF LAW AND JURISDICTION
This Contract shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English courts.