Terms of Use

Last Updated: August 6, 2020

‍1.Introduction
1.1      These terms of services (hereinafter “Terms”) shall govern your use of our applications, websites, content, products, and services (hereinafter the “Services”) made available by Refuel Mobile.
1.2      By using our Services, you accept these terms of services in full; accordingly, if you disagree with these terms of services or any part of these terms of services, you must not use our Services.
1.3      If you register with our website, submit any material to our Services or use any of our Services, we will ask you to expressly agree to these terms of services.
1.4      You must be at least 18 years of age to use our Services; by using our Services or agreeing to these terms of services, you warrant and represent to us that you are at least 18 years of age.
1.5      PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.
1.6      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 are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
2. Copyright notice
2.1      Copyright (c) 2020 2583231 Ontario Inc. (D.B.A Refuel Mobile)2.2      Subject to the express provisions of these terms of services:
(a)       we, together with our licensors, own and control all the copyright and other intellectual property rights in our Services and the material on our Services; and
(b)      all the copyright and other intellectual property rights in our Services and the material on our Services are reserved.
3. Permission to use Services
3.1      The Services constitute a technology platform and linked sensor-equipped vehicle device, that allows Refuel Mobile’s users to be informed and in control of their vehicle care in real time through various features offered on the platform, including linking to third-party services approved by Refuel Mobile.
3.2      Unless otherwise agreed by Refuel Mobile in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT REFUEL MOBILE DOES NOT PROVIDE TRANSPORTATION, MAINTENANCE OR LOGISTICS SERVICES OR FUNCTIONS AS A TRANSPORTATION, MAINTENANCE OR LOGISTICS CARRIER AND THAT ALL SUCH TRANSPORTATION, MAINTENANCE OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY REFUEL MOBILE OR ANY OF ITS AFFILIATES.
3.3      In relation with the Services you may:
(a)       view pages from our Services in a web browser or in the application;
(b)      download pages from our Services for caching in a web browser or in the application;
(c)       print pages from our Services for your own personal and noncommercial use, providing that such printing is not systematic or excessive;
(d)      stream audio and video files from our Services; and
(e)       use our Services by means of a web browser or the application,subject to the other provisions of these terms of services.
3.4      Except as expressly permitted by Section 3.1 or the other provisions of these terms of services, you must not download any material from our Services or save any such material to your computer.
3.5      You may only use our Services for your own personal; you must not use our Services for any other purposes. Should you want to use our Services for business purposes, a separate agreement between you and Refuel Mobile shall apply.
3.6      Except as expressly permitted by these terms of services, you must not edit or otherwise modify any material on our Services.
3.7      Unless you own or control the relevant rights in the material, you must not:
(a)       republish material from our Services (including republication on another website);
(b)      sell, rent or sublicense material from our Services;
(c)       show any material from our Services in public;
(d)      exploit material from our Services for a commercial purpose; or
(e)       redistribute material from our Services.
3.8      We reserve the right to suspend or restrict access to our Services, to areas of our Services and/or to functionality of our Services. We may, for example, suspend access to the Services during server maintenance. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Services.
4. Misuse of Services
4.1      You must not:
(a)       use our Services in any way or take any action that causes, or may cause, damage to the Services or impairment of the performance, availability, accessibility, integrity or security of the Services;
(b)      use our Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)       hack, reverse engineer or otherwise tamper with our Services;
(d)      probe, scan or test the vulnerability of our Services without our permission;
(e)       circumvent any authentication or security systems or processes on or relating to our Services;
(f)       use our Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g)      impose an unreasonably large load on our Services resources (including bandwidth, storage capacity and processing capacity);
(h)      decrypt or decipher any communications sent by or to our Services without our permission;
(i)       conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Services without our express written consent;
(j)       access or otherwise interact with our Services, without our consent, using any robot, spider or other automated means;
(k)      use our Services except by means of our public interfaces;
(l)     use data collected from our Services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or(
m)      do anything that interferes with the normal use of our Services.
(n)      permit the use of your vehicle on which the device is installed by another individual without previously disclosing all relevant information regarding the Terms to such an individual and receiving their consent to be bound by these terms.
4.2      You must not use data collected from our Services to contact individuals, companies or other persons or entities.
4.3      You must ensure that all the information you supply to us through our Services, or in relation to our Services, is true, accurate, current, complete and non-misleading.
5. Registration and accounts
5.1      To be eligible for an account on our Services under this Section 5, you must:be a resident of the province of Quebec, as defined by geographic boundaries;
5.2      You may register for an account with our Services by completing and submitting the account registration form on our application and clicking on the verification link in the email that we will send to you.
5.3      You must not allow any other person to use your account to access the Services.
5.4      You must notify us in writing immediately if you become aware of any unauthorized use of your account.
5.5      You must not use any other person’s account to access the Services.
6. User login details
6.1      If you register for an account with our Services, you will be asked to create a password to login with your email, which will be used as your user ID.
6.2      Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3      You must keep your password confidential.
6.4      You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5      You are responsible for any activity on our Services arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1      We may:
(a)       suspend your account;
(b)      cancel your account; and/or
(c)       edit your account details,at any time in our sole discretion with or without notice to you.
7.2      We will usually cancel an account if it remains unpaid for a continuous period of 1 month or if you don’t accept the migration of your account to our final Services after the beta version of our Services ends.
7.3      You may cancel your account on our Services by contacting our Customer service on our website.
8. Our rights to use your content
8.1      In these terms of services, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audiovisual material, scripts, software, sensor generated data and files) that you submit to us or our Services for storage or publication on, processing by, or transmission via, our Services.
8.2      You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store and, with your specific consent, publish your content on and in relation to these Services.
8.3      You grant to us the right to sublicense the rights licensed under Section
8.4      You grant to us the right to bring an action for infringement of the rights licensed under Section
8.5      You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.6      You may edit your content to the extent permitted using the editing functionality made available on our Services.
8.7      Without prejudice to our other rights under these terms of services, if you breach any provision of these terms of services in any way, or if we reasonably suspect that you have breached these terms of services in any way, we may delete, unpublish or edit any or all of your content.
9. Rules about your content
9.1      You warrant and represent that your content will comply with these terms of services.
9.2      Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3      Your content, and the use of your content by us in accordance with these terms of services, must not:
(a)       be libelous or maliciously false;
(b)      be obscene or indecent;
(c)       infringe any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
(d)      infringe any right of confidence, right of privacy or right under data protection legislation;
(e)       constitute negligent advice or contain any negligent statement;
(f)       constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g)      be in contempt of any court or in breach of any court order;
(h)      be in breach of racial or religious hatred or discrimination legislation;
(i)     be in breach of any contractual obligation owed to any person;
(j)     be untrue, false, inaccurate or misleading;
(k)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(l)      constitute spam; or
(m)      be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
10. Intellectual Property
10.1    The Platform and Services and all intellectual property rights therein (including without limitation, copyrights, patents, trade secrets, trademarks, databases, moral rights and other intellectual property rights, in and to Platform and Services, all modifications, changes, enhancements, or additions thereto) and all intellectual property rights created by or in relation to the provision of any support or other services by Refuel Mobile pursuant to those Terms, are owned by Refuel Mobile.
10.2    You grant Refuel Mobile the right to anonymize your data so that it does not identify Users or specific transactions carried out by Users, nor contains any Confidential Information (“Anonymous Data”). You agree that Refuel Mobile:
(i) will own the Anonymous Data,
(ii) may create derivative works from and extract information from the Anonymous Data and combine Anonymous Data (hereafter “Aggregate Data”), to use the Aggregate Data in the furtherance of Refuel Mobile’s business, and
(iii) may disclose and publish Anonymous Data or Aggregate Data to any third party through any means.
10.3    You grant Refuel Mobile the right to use and own the rights to the feedbacks you provided on or about the Platform. You will sometimes be asked for your feedbacks while using the Services or after using one of them. Feedbacks can also be requested from users under the form of surveys, to help Refuel Mobile improve its Platform, the Services and the selection of its Third-Party Providers.
11. Disclaimer and limited warranties
11.1    Services are provided “as is” and “as available”. Refuel Mobile disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Refuel Mobile 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. Refuel Mobile does not guarantee the quality, suitability, safety or ability of third-party providers. 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.
11.2    Services will use, in accordance with our Privacy Policy, various data to provide users of the Platform and Services, with a Driver Score, a Vehicle Health Scores and an Eco Scores through algorithmic calculations. Car data will also be processed to attempt to predict based on the fuel level, and average fuel consumption the remaining Distance to Empty (number of kilometers before the fuel tank is empty) however a User should not base its actions on those predictions as Refuel Mobile cannot be held liable if the predictions are wrong.10.3    Furthermore, we do not warrant or represent:
(a)       the completeness or accuracy of the information published on our Services;
(b)      that the material on the Services is up to date;
(c)       that the Services will operate without fault; or
(d)      that the Services or any part of the Services will remain available.
11.4    We reserve the right to discontinue or alter any or all of our Services, and to stop publishing our website and/or app, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms of services, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website and/or app.
11.5    To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms of services, our Services and the use of our Services.
12. Limitations and exclusions of liability
12.1    Nothing in these terms of services will:
(a)       limit or exclude any liability for death or personal injury resulting from negligence by us;
(b)      limit or exclude any liability for fraud or fraudulent misrepresentation by us;
(c)       limit any liabilities in any way that is not permitted under applicable law; or
(d)      exclude any liabilities that may not be excluded under applicable law.
12.2    The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms of services:
(a)       are subject to Section 11.1; and
(b)      govern all liabilities arising under these terms of services or relating to the subject matter of these terms of services, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms of services.
12.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7    We will not be liable to you in respect of any special, incidental, indirect or consequential loss or damage.
12.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Services or these terms of services (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.9    You accept that Refuel Mobile Services may be used by you to request and schedule transportation, maintenance, goods or logistics services with third party providers, but you agree that Refuel Mobile has no responsibility or liability to you related to any transportation, maintenance, goods or logistics services provided to you by third-party providers other than as expressly set forth in these Terms.
12.10  The limitations and disclaimer in these Terms do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
12.11  You agree to indemnify and hold Refuel Mobile and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
(i) your use of the Services or services or goods obtained through your use of the Services;
(ii) your breach or violation of any of these Terms;
(iii) Refuel Mobile’s use of your User Content; or
(iv) your violation of the rights of any third party, including Third Party Providers.
13. Payment
13.1    You understand that use of the Services may result in charges to you for the services or goods you receive from Refuel Mobile (“Charges”). After you have received services or goods obtained through your use of the Service, Refuel Mobile will facilitate your payment of the applicable Charges, on its behalf. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Refuel Mobile.
13.2    Payments for services offered by Third-Party Providers will be made directly by you to the Third-Party Provider and you will be bound by their Terms of services. You agree not hold Refuel Mobile responsible for any dispute that might arise in relation to the services offered by and payments made to Third-Party Providers. Any cancellation or reimbursement requests shall be made directly to the Third-Party Provider.
13.3    All Charges are due immediately and payment will be facilitated by Refuel Mobile or any of its payment processor, using the preferred payment method designated in your Account, after which Refuel Mobile will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Refuel Mobile may use a secondary payment method in your Account, if available.
13.4    As between you and Refuel Mobile, we reserve ourselves the right to establish, remove and/or revise the Charges for any or all services or goods obtained through the use of the Services at any time at Refuel Mobile’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain areas may vary substantially. Refuel Mobile will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Refuel Mobile may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
13.5    After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider.
14. Breaches of these Terms
14.1    Without prejudice to our other rights under these terms of services, if you breach these terms of services in any way, or if we reasonably suspect that you have breached these terms of services in any way, we may:
(a)       send you one or more formal warnings;
(b)      temporarily suspend your access to our Services;
(c)       permanently prohibit you from accessing our Services;
(d)      block devices using your IP address from accessing our Services;
(e)      commence legal action against you, whether for breach of contract or otherwise; and/or
(f)      suspend or delete your account on our Services.
14.2    Where we suspend or prohibit or block your access to our Services or a part of our Services, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation creating and/or using a different account.
15. Variation
15.1    We may revise these terms of services from time to time.
15.2    We will give you written notice of any revision of these terms of services, and the revised terms of services will apply to the use of our Services from the date that we give you such notice; if you do not agree to the revised terms of services, you must stop using our Services.
15.3    If you have given your express agreement to these terms of services, we will ask for your express agreement to any revision of these terms; and if you do not give your express agreement to the revised terms of services within such period as we may specify, we will disable or delete your account on the Services, and you must stop using the Services.
16. Assignment
16.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of services.
16.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms of services.
17. Severability
17.1    If a provision of these terms of services is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2    If any unlawful and/or unenforceable provision of these terms of services would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
18.1    A contract under these terms of services is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2    The exercise of the parties’ rights under a contract under these terms of services is not subject to the consent of any third party.
19. Entire agreement
19.1    Subject to Section 11.1, these terms of services, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Services and shall supersede all previous agreements between you and us in relation to your use of our Services.
20. French language
20.1.   I acknowledge that I have requested and agreed that this agreement and all related documents be drafted in English. Je reconnais avoir demandé et convenu que la présente entente et les documents qui y sont relatifs soient rédigés en anglais.
21. Law and jurisdiction
21.1    These terms of services shall be governed by and construed in accordance with the laws of the Province of Québec.
21.2    You expressly consent and agree herein that any disagreement or dispute relating to this contract or arising from its interpretation or application will be decided definitively by arbitration and excluding the courts, according to the laws of Quebec. Unless the parties decide otherwise in an arbitration agreement, the arbitration will take place under the aegis of an arbitrator alone and will be conducted in accordance with the rules of law and the provisions of the Code of Civil Procedure of Quebec, in force at the time of this dispute. The arbitration award will be final, binding and without appeal and will be binding on the parties.
22. Our details
22.1    This website and app is owned and operated by 2583231 Ontario Inc.
22.2    Refuel Mobile Offices at 73179 Bells Line, Hensall Ontario, N0M 1X020.3    You can contact us:
(a)       by post, to the postal address given above;
(b)      using our website contact form;
(c)       by telephone, on the contact number published on our website from time to time; or
(d)    by email, using info@refuelmobile.ca