By using our services, provided by 2583231Ontario Inc (DBA ReFuel Mobile) you hereby consent to the following Terms of Service.
Refuel Mobile strives to improve the quality of Services that it provides you which we from time to time may add additional functionality that you may want to engage. This means we may enhance or add new features from time to time or we may discontinue features that have no added value these actions do not materially affect your rights or obligations, we will do our best to notify you of any new added features.
1. CONTRACTUAL RELATIONSHIP
This is a contract (“Agreement”) between you and ReFuel Mobile. ReFuel Mobile is an Ontario Corporation (“Refuel,” “we,” or “us”), applicable when you use or access the site, services and mobile application by ReFuel, in existence now or in the future (“ReFuel Services,” “ReFuel,” or “Services”). In this Agreement, thewords “including” and “include” mean “including, but not limited to.” Your access and use of the Services constitute your consent to be bound by this Agreement, which establishes a contractual relationship between you and ReFuel. ReFuel Licensee or third-party provider. If you do not agree to any of the terms of this Agreement, you may not access or use the Services. This Agreement expressly supersedes any prior agreements or arrangements with you. ReFuel may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or anyportion thereof, at any time for any reason. Supplemental Terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services (“Supplemental Terms”). Supplemental Terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental Terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services. ReFuel may amend the terms related to the Services from time to time. Amendments will become effective upon the publication of an amended Agreement. From time to time, the Agreement may change. If/When this occurs, ReFuel will notify you by revising the date at the top of the Agreement, and/or by providing you with an additional notice.Your continued access or use of the Services after such posting or notification constitutes your consent to be bound by the amended Agreement. If you do not agree with the amended Agreement, please stop using the Services as the amended Agreement will apply starting the date of posting or notification of the amendment.
2. THE SERVICES
You must upload the ReFuel app on your smart device, follow the steps instructions and provide all required information in order to create your account to allow ReFuel to provide you Services. You must be 18 years of age or older and provide a certain amount of personal information to create an account. You hereby allow ReFuel to collect your personal information and your precise geolocation. ReFuel may send you informational and marketing text messages or push notifications from the app. You own your personal information and User Content, permitting ReFuel to use your User Content. We own our company and intellectual property information. You alone are responsible for keeping your account secure. You may not have more than one account.
The Services constitute a technology platform that enables users of ReFuel's applications or websites (each, an “Application”) to arrange and schedule logistics services, including delivery of fuel and other products and services. Unless otherwise agreed by ReFuel in a separate written agreement with you, the Services are made available solely for your personal and noncommercial use.
User Eligibility & Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. You must upload the ReFuel app on your smart device, follow the steps instructions and provide all required information in order to create your account to allow ReFuel to provide you Services and/or Services from third party partners or providers. Account registration requires you to submit to ReFuel certain personal information, such as your name, address, mobile phone number, password, vehicle year, make, license plate, and model, as well as at least one valid payment method (either a credit card oraccepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete,and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or ReFuel’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ReFuel in writing, you may only possessone Account.
You agree to allow ReFuel to collect your precise geolocation. We collect thisgeolocation for the purpose of improving your user experience - such asreminding you to request a fill. You may disable your geolocation but be advisedthis may impact Services from ReFuel to you. We will not disclose yourgeolocation to any third parties without your consent.
You agree to allow ReFuel to collect your vehicle information, such as the general condition of your vehicle, license plate, make, model or year, or vehicle identification number (“VIN”), on occasion if there is an error in the information you provided or for verification purposes. This may be collected by taking a picture of your vehicle. If you subscribe to Autonomous filling or subscribe to the ReFuel ODBII port module added to your vehicle, you also agree to allow ReFuel to collect statistical information on your vehicle including but on limited to fuel, oil, battery, maintenance codes, vehicle error codes and other information that can be collected via the ODBII module. This information will be used to provide statistics, driving habits and total cost of ownership back to the subscriber. You agree to allow ReFuel to collect this data to be used for it's own purposes to better provide services and may be used /sold to third parties only an aggregated vehicle data form without the requirement of payment to you.
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws in the within your province/state/territory when using the Services, and you may only use the Services for lawful purposes. You will not use the Services to cause any nuisance, annoyance, inconvenience, or property damage, whether to ReFuel or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, andyou agree that you may be denied access to use of the Services if you refuse to provide proof of identity.
Network Access & Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply ifyou access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. ReFuel does not guarantee that the Services, or any portion thereof, willfunction on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Subject to your compliance with this Agreement, ReFuel grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
1. access and use the Applications on your personal device solely in connection with your use of the Services; and
2.access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal direct to consumer or commercial use for Dealers and Fleets. Any rights not expressly granted herein are hereby reserved by ReFuel and ReFuel’s licensors.
You may not:
1. have more than one active Account;
2. remove any copyright, trademark or other proprietary notices from any portion of the Services;
3. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by ReFuel;
4. decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
5. perform any activity in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
6. link to, mirror or frame any portion of the Services;
7. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and functionality of any aspect of the Services; or
8. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services & Content
The Services and all rights therein are and shall remain ReFuel’s property or the property of ReFuel’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights:
1. in or related to the Services except for the limited license granted above; or
2. to use or reference in any manner ReFuel’s company names, logos, product and service names, trademarks or services marks or those of ReFuel’s licensors.
You agree to allow ReFuel to send you informational text (SMS) messages or appbased push notifications. We send you messages for the purpose of delivering the service and improving your customer experience - for example, if we need to contact you if we are not able to locate your vehicle. You can opt out of receiving the text messages by replying “STOP” after any text message received, but be advised this may impact Services from ReFuel to you. After you sent the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed from the test message service. After this, you will no longer receive messages fromus.
Referral Program & Promotional Codes
ReFuel may, in ReFuel’s sole discretion, create referral and/or promotional codes(“Promo Codes”) that may be redeemed for Account credit, or other features or benefits related to the Services and, subject to any additional terms that ReFuel establishes on a per promotional code basis. You agree that Promo Codes:
1. must be used for the intended audience and purpose, and in a lawful manner;
2. may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by ReFuel;
3. may only be used for new customers and Accounts, unless expressly permitted by ReFuel;
4. may be disabled by ReFuel at any time for any reason without liability to ReFuel;
5. may only be used pursuant to the specific terms that ReFuel establishes for such Promo Code;
6. are not valid for cash; and
7. may expire prior to your use.
ReFuel reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that ReFuel determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
User Provided Content
ReFuel may, in ReFuel’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to ReFuel through the Services textual, audio, and/or visual content and information, including commentary andfeedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. By providing User Content to ReFuel however, you grant ReFuel a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise utilize in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and ReFuel’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that:
1. you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant ReFuel the license to the User Content as set forth above; and
2. neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor ReFuel’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ReFuel in its sole discretion, whether or not such material maybe protected by law. ReFuel may, but shall not be obligated to, review, monitor, or remove User Content, at ReFuel’s sole discretion and at any time and for any reason, without notice to you.
ReFuel sometimes releases products and features that we are still testing and evaluating (“Beta Services”). ReFuel will inform you of any Beta Services that may become available by identifying them as “beta”, “preview”, “early access”, or “evaluation” (or with words or phrases with similar meanings) and may not beas reliable as ReFuel 's other services, so please keep that in mind.
You are responsible for all fees associated with your use of ReFuel’s Services. We are responsible for communicating those fees to you clearly and accurately. You agree to receive a receipt via email or text or through the ReFuel App itself. If a modification or cancellation of Services is necessary, ReFuel will notify you of this. You are under no obligation to tip your driver for Services, though we would appreciate it you provided feedback about your experience. We may sendout from time to time customer surveys to better provide you the products and services that ReFuel may offer.
You understand that use of the Services may result in charges to you for the services or goods you receive from ReFuel (“Charges”). Charges will be inclusiveof applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by ReFuel. All Charges are due immediately and payment will be facilitated by ReFuel using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that ReFuel may use the secondary payment method from your Account, if available. You agree that ReFuel will send you a receipt by email or text message, and/or through the application. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable law. If you prefer to receive a paper receipt, please contact email@example.com within 30 days of each fill, to request a physical receipt which will be mailed to you at our earliest convenience.
Modifications & Cancellations
ReFuel, at its sole discretion, reserves the right to create, modify, and remove Charges for any or all services or goods obtained through the use of the Services. ReFuel, may from time to time provide certain users with Promo Codes and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. You agree that such Promo Codes and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to provision of the Services, in which case you may be charged a cancellation fee.ReFuel, may, at its sole discretion, elect to not fill a requested vehicle if ReFuel, deems it unsafe to do so, or if fueling the vehicle would violate an applicable law, code, standard, or procedure. In such an event, the request may be cancelled by ReFuel, or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is cancelled by ReFuel,, no payment will be charged. The Account holder will be notified.
Gratuities are voluntary. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver who provides you with services or goods obtained through the Services, you are under no obligation to do so. After your Services have been completed, we would appreciate that you rate and leave additional feedback about your experience, but you are under no obligation to do so.
ReFuel may, in its sole discretion, round up or round down amounts that are payable to ReFuel to the nearest whole functional base unit; for example, ReFuelwill round up an amount of $41.505 to $41.51, or $41.491 to $41.490.
4. DISCLAIMERS, OPERATIONS, SAFETY & LIMITATION OF LIABILITY
We will not be liable for damages or losses arising from your use or inability to use the Services, or otherwise arising under this Agreement. You may receive a small amount of residual fuel – this is the gas remaining in the hose from a previous customer’s fill, which may be a different grade of gas than what you requested in your ReFuel request. Please read this section carefully as it limits our obligations to you.
YOU USE THE REFUEL SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” REFUEL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, REFUEL MAKES NO REPRESENTATION, WARRANTY,OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. REFUEL DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OF FUELS PROVIDED TO YOU. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
ReFuel reserves the right to deliver fuel to the areas specified by us. Your order will not always be prioritized and will be assigned to a list. ReFuel donot commit to a certain time period to fulfil orders unless you are a paid monthly subscriber. ReFuel will maintain to best effort to provide the purest grades of fuel for super and special. We do not commit to fulfilling a specific order based on various reasons. ReFuel reserves the right to reject an order.
You agree that there could be a variation in quantity ordered and quantitysupplied. You will always be billed based on the quantity supplied.
1. ReFuel will not be liable for any damage to your vehicle outside of the insurance scope.
2. ReFuel 's employees reserve the right to contact you through various channels during the order process.
3. ReFuel will not commit to the accuracy of the location provided by you.
4. ReFuel reserves the right to charge delivery charge if your vehicle isnot accessible.
5. ReFuel reserves the right not to fill a customer if vehicle details are incorrect and ReFuel will reserve the right charge delivery cost.
6. ReFuel reserves the right to not deliver if truck equipment is faulty.
7. If wrong type of fuel is filled, ReFuel will compensate you for fuel amount value.
8. ReFuel reserves the right to fill a smaller quantity then what is ordered by you if your vehicle tank capacity is lower than quantity ordered.
We reserve the right to cancel or modify a price at any time of the productor service. ReFuel strives to have the same or lower price than other retailers but cannot guarantee a or price match competitor pricing.
Before any products or services are delivered, it is the sole responsibility of ReFuel's driver, ReFuel licensee or third-party provider to ensure that all safety measures are in place and there are no risks to safety. This control must be constant to prevent dangerous situations from arising.
To achieve this, ReFuel request that you:
1. Agree to abide by all safety instruction as indicated by the ReFuel, Refuel licensee, or third-party driver;
2. Ensure that the vehicle to be serviced is parked and the engine switched off;
3. Do not enter a designated exclusion zone as indicated by the driver (the "Designated Exclusion Zone");
4. Make no attempt to operate or handle any of the equipment being used either to deliver the services, or provide a safe environment for the process;
5. Do not smoke within the Designated Exclusion Zone;
6. Do not use a mobile phone or other electronic device within the Designated Exclusion Zone;
7. Ensure children are kept under control and do not interfere with equipment or distract the driver during the service process;
8. Agree not to attempt to enter or exit the vehicle during the service delivery to avoid the potential for any build-up of static electricity during the service process;
9. Do not interfere in the driver operations in any way as driver will reserve the right to lodge a formal complaint.
10. Be respectful to our employees.
11. ReFuel reserves the right to charge delivery charge if your vehicle is not accessible/refueled due to non-compliance to safety requirements.
LIMITATION OF LIABILITY
REFUEL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF REFUEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REFUEL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. REFUEL SHALL NOT BE LIABLE FOR DELAY, FAILURE IN PERFORMANCE, OR OTHER INJURIES RESULTING FROM CAUSES BEYOND REFUEL’S REASONABLE CONTROL. FURTHERMORE, REFUEL IS NOT LIABLE FOR ANY OTHER INTANGIBLE LOSSES RESULTING FROM:
1. THE USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO USE THE SERVICE;
2.THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
5. ANY OTHER MATTER RELATING TO REFUEL SERVICES.
REFUEL ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR A DELAY, FAILUREIN PERFORMANCE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND/OR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY OTHER INJURY RESULTING FROM CAUSES BEYOND REFUEL’S REASONABLE CONTROL.THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMITLIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You are responsible for your use of the Services.
You are responsible for your use of the Services, and you will indemnify and holdReFuel and its officers, directors, employees, consultants, affiliates, subsidiaries,and agents (together, the “ReFuel Entities”) from and against any and all claims,demands, losses, liabilities, and expenses (including attorneys’ fees), arising outof or in any way connected with:
1. your access to, use of, or alleged use of, the Services or services or goods obtained through your use of the Services;
2. your breach or violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
3. ReFuel’s use of your User Content;
4. your violation of the rights of any third party, including any intellectual property right or publicity, confidentiality, other property, or privacy, right;or
5. any dispute or issue between you and any third party.We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in thatcase, you agree to cooperate with our defense of that claim.
6. DATA PRIVACY AND SECURITY
You hereby consent to the collection and/or processing of your personal data by ReFuel. ReFuel is committed to protecting the personal data that ReFuel receives from you, or otherwise processes, in the course of or in connection withthe Services. ReFuel will take commercially reasonable and appropriate technical and organizational measures to protect your personal data against unauthorized access, accidental loss or damage and unauthorized destruction. The security provided by ReFuel shall be in accordance with good industry practices relating to protection of the types of data typically processed in the Services by ReFuel customers. You shall act as the data controller in respect of any and all personal data contained in the account. ReFuel shall act as the data processor in respect of any processing by it of personal data contained within the account on your behalf, and shall process such personal data in accordance with this Agreement. You hereby consent to the processing of your data by ReFuel. You acknowledge and agree that ReFuel may in connection with the Services engage third party sub-processors, who may be based in, or may process, access or have access to personal data in or from, jurisdictions outside the Canada. ReFuel will execute written contracts with such sub-processors which impose on sub-processors data privacy and security terms and obligationsmaterially equivalent to the terms and obligations hereof.
ReFuel agrees to comply and have adequate measures in place to ensure that its staff comply at all times with the provisions and obligations contained in localand international privacy laws that may apply.
7. DISPUTE RESOLUTION
You agree to binding arbitration which means that you waive your right to have a judge potentially hear your claim and instead agree to neutral third party, an arbitrator, hear both sides and decide upon the claim. You also waive your right to be in a class action suit.Please read this section carefully as it limits the manner in which you can seek relief from ReFuel.
You and ReFuel("Parties") agree that we will attempt in good faith to resolve anydispute or claim arising out of or in relation to this Agreement through negotiations between a director of each of the Parties with authority to settle the relevant dispute within Thirty (30) days written notice. By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against ReFuel on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective,or representative action against ReFuel, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against ReFuel by someone else.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and ReFuel. You acknowledge and agree that you and ReFuel are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and ReFuel otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit theright of either party to:
1. bring an individual action in small claims court;
2. pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
3. seek injunctive relief in a court of law; or
4. to file suit in a court of law to address an intellectual property infringement claim.
Arbitration Rules & Governing Law
The arbitration will be administered by the Canadian Arbitration Association (“CAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “CAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The CAA Rules are available by clicking this link here or by calling the CAA at 1-800-856-5154. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration as specified in the CAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the province of Ontario and will be selected by the parties from the CAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Arbitration, then the CAA will appoint the arbitrator in accordance with the CAA Rules.
Arbitration Location & Fees
If you commence arbitration in accordance with these Terms, ReFuel will reimburse you for your payment of the filing fee, unless your claim is for more than $3,000, in which case the payment of any fees will be decided by the CAA Rules. Any arbitration hearing will take place ata location to be agreed upon in London, Ontario, but if the claim is for $3,000 or less, you may choose whether the arbitration will be conducted:
1. solely on the basis of documents submitted to the arbitrator;
2. through a non-appearance based telephone hearing; or
3. by an in-person hearing as established by the CAA Rules in the county (or parish) of yourbilling address.
If the arbitrator finds that either the substance of your claim or the relief sought in the Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure, then the payment of all fees will be governed by the CAA Rules. In thatcase, you agree to reimburse ReFuel for all monies previously disbursed by it that are otherwise your obligation to pay under the CAA Rules. Regardless of the manner in which the arbitration isconducted, the arbitrator must issue a reasoned written decision sufficient to explain the essentialfindings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within Thirty (30) days of the arbitrator’s ruling on the merits.
The arbitrator will render an award within the time frame specified in the CAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitratorbased the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. ReFuelwill not seek, and hereby waives all rights ReFuelmay have under applicable law to recover, attorneys’ fees and expenses if ReFuel prevail in arbitration.
NO CLASS ACTION
YOU AND REFUEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASSMEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,unless both you and ReFuel agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration section will be null and void.
If ReFuel makes any future change to this arbitration provision, other than a change to ReFuel’s address for Notice, you may reject the change by sending uswritten notice within 30 days of the change to ReFuel’s address for Notice, in which case your account with ReFuel will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
This arbitration clause shall survive the termination or expiry of this Agreement.
ReFuel may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent byfirst class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to ReFuel with such notice deemed given when received by ReFuel, at any time by first class mail or pre-paid post to ReFuel Mobile , Attn: Legal, 7319 Bells Line, Hensall, On, N0M 1X0
8. GENERAL PROVISIONS
Neither you nor ReFuel may transfer your obligations under this Agreement to anyone else without written consent.
You may not assign this Agreement without ReFuel’s prior written approval. ReFuel may assign these Terms without your consent to:
1. a subsidiary or affiliate;
2. an acquirer of ReFuel’s equity, business or assets; or
3. a successor by merger.Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, ReFuel as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struckand the remaining provisions shall be enforced to the fullest extent under law. ReFuel’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ReFuel in writing.
Notice Regarding Apple
If you are using our mobile applications on an iOS device, the terms of this section (Notice Regarding Apple) apply. You acknowledge that this Agreement is between you and ReFuel only,not with Apple, and Apple is not responsible for the Services. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchaseprice for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services - or your possession or use of the Services, including:
1. product liability claims;
2. any claim that the Services fail to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringes that third party’s intellectual property rights. you agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you. You hereby represent and warrant that:
1. you are not located in a country that is subject to a U.S. Government embargo, or that hasbeen designated by the Canadian or U.S. Government as a “terrorist supporting” country;and
2. you are not listed on any Canadian or U.S. Government list of prohibited or restricted parties.
Notice Regarding Other App Stores or Services
This Agreement contains the entire agreement between you and ReFuel regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your ReFuel account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind ReFuel in any manner.
If you have any questions about these Terms of Service, the practices of ReFuel,or your dealings with ReFuel, you may contact us at firstname.lastname@example.org