This Agreement is made between Fuel Donkey Inc. (hereinafter referred to as “Sure Fuel”, “us”, “our” or “we”) and you (the “Member”, the “User”, “you” or “your”) (collectively the “Parties”) on the effective date (the “Effective Date”), being the day on which you register (as a Member or User) with the Fuel Donkey App or Sure Fuel’s website. This digital membership and application use agreement is electronically presented to, and accepted by, you when you click “I Agree” below.
For the purposes of this Agreement, a User or Users are defined as persons who request and pay for Sure Fuel’s on demand Services and who are not Members. Members are defined as all other persons who use the Fuel Donkey App and who hold a Fuel Donkey membership of any type. The terms and conditions of this Agreement apply equally to both Users and Members.

TERMS AND CONDITIONS

General

1. The following terms and conditions (these “Terms”) are an important part of a legally binding and enforceable contract made between Fuel Donkey and the Member/User (including the Parent or Guardian if necessary) and are referred to as the “Agreement”. In this Agreement, the words “you” and “your” refer to the Member/User, or the Member/User’s Parent or Guardian (if applicable), jointly and severally.
2. If you are a Member this Agreement begins on the Effective Date and expires upon the sooner of (a) the expiration and non-renewal of your membership term (the “Term”) or, (b) the termination or cancellation of the Agreement by either Party in accordance with this Agreement. If you are a User then this Agreement does not expire unless you cease to be a User.
3. In consideration for your right to receive the selected services, as set out on the Fuel Donkey App (defined below) and in Schedule A (the “Services”), you agree to comply with the Terms of this Agreement and to pay all fees and charges (the “Fees”) set out on the Fuel Donkey App (defined below) and further described in this Agreement to Fuel Donkey plus all applicable taxes.
4. If you are a Member you may terminate this Agreement by providing notice of your cancellation to Fuel Donkey through our website, smart phone application (“Fuel Donkey App”), email or by phone. If you are a Member and you terminate your Membership you are deemed to be a User unless and until you delete your Fuel Donkey account and Fuel Donkey App off your smart phone. If you are a User you may terminate this agreement by deleting your Fuel Donkey account and the Fuel Donkey App off your smart phone. Any payments that you made prior to your termination notice are non-refundable. If you are a Member and you choose to pay all of the membership Fees in a single payment, thereby taking advantage of a discounted rate, you agree to forfeit any Fees paid to Fuel Donkey should you cancel the Agreement before the expiry of the Term. If you are a Member and you choose to pay the Fees on a monthly basis and you cancel your membership before the Term is expired you agree to pay Fuel Donkey the Fees for the month during which you cancelled plus a penalty fee equal to the amount of one additional months Fees (the “Termination Payment”). If you terminate this Agreement before the expiry of the Term you are not entitled to receive the Services starting the calendar month after you terminate the Agreement. For example, if you are a Member and you pay the Fees on a monthly basis and you cancel a twelve month agreement during the fifth month of the Term, you agree to pay the Fees for the fifth month and a Termination Payment equal to the Fees normally payable for the sixth month. In this example, the Member would be entitled to receive the Services during the fifth month but would not be entitled to receive the Services during the sixth month. If you violate any terms in the Terms of Use Fuel Donkey may immediately terminate your access to the Fuel Donkey website, the Fuel Donkey App and the Services without prior notice to you.
5. Notwithstanding the above, your employer may agree execute this Agreement for your benefit. If your employer pays Fuel Donkey on your behalf, either on demand, monthly, annually or as a single payment for the entire duration of the Agreement, and you terminate the Agreement, then the entirety of the agreed upon Fees for the agreed membership Term will become due.
6. If you are a Member, you may modify your membership type to a less expensive membership type by providing notice to Sure Fuel, through our website, the Fuel Donkey App, email or by phone, thirty (30) days before you wish the modification to take effect. Any payments that you or your employer made prior to your modification are non-refundable. If you are increasing your level of service by upgrading to a new membership type the change will take effect immediately.
7. If you are a Member, at least 30 days before the expiry of the Term, Fuel Donkey will deliver, by email and/or through the Fuel Donkey App, a renewal notice (the “Renewal Notice”). The Renewal Notice will advise you that the Term of the Agreement is expiring and advising that the Agreement will be renewed unless you notify Sure Fuel. Fuel Donkey shall, at the same time that it sends the Renewal Notice, note any proposed changes to the terms of the Agreement including any proposed increases in fees or other charges. The Renewal Notice will:
(a) set out the date of the proposed renewal of this Agreement; and
(b) state that this Agreement will not be renewed if, before the date of the proposed renewal, you notify Fuel Donkey that you do not want to renew this Agreement.
8. You agree that if you are a Member and in the event that you do not respond to the Renewal Notice or you respond confirming that you wish to renew the Agreement, this Agreement shall be renewed for another Term of the same duration as the previous term, subject only to termination in accordance with this Agreement.

Performance of Services

9. Fuel Donkey agrees to perform the Services you select, as set out on the Fuel Donkey App and in Schedule A of this Agreement.
10. If for any reason, the Services are not available on the day or time that the Fuel Donkey App indicates that the Services will be performed because of something beyond Sure Fuel’s control, Fuel Donkey agrees to reschedule the services for another time within Seventy-Two (72) hours of the previously scheduled service appointment which Fuel Donkey deems appropriate. If Fuel Donkey does not provide the services within Seventy-Two (72) hours of the scheduled appointment then Fuel Donkey agrees to credit your account five dollars ($5.00). You agree that Fuel Donkey cannot be held liable for any losses that you suffer due to you not receiving the Services that are beyond the control of Sure Fuel.
11. If the Fuel Donkey representative cannot provide the Services because of an act or failure to act by the Member/User, then Fuel Donkey is under no obligation to fulfill the Services for that Service appointment. You agree that Fuel Donkey cannot be held liable for any losses that you suffer that are due to an act or failure to act by the Member/User, as determined by Sure Fuel, at their discretion.
12. For pre-scheduled Services, Fuel Donkey will notify you on the Fuel Donkey App reminding you of the Services at least three (3) hours before your scheduled service appointment time. You must confirm your appointment and the location of your vehicle (including any details regarding how the Fuel Donkey representative can access your vehicle) at least one (1) hour before the scheduled Service time. You may cancel your appointment on the Fuel Donkey App, one calendar day or more before the day of the scheduled Services at no cost. For example, you may cancel your appointment on Tuesday for a pre-scheduled service appointment on Wednesday without penalty. However, if you cancel your pre-scheduled service on the day the service is scheduled you acknowledge that Fuel Donkey may charge you a Five dollar ($5.00) cancellation fee (the “Cancellation Fee”), at their sole discretion. If you wish to reschedule your appointment you may do so up to two (2) hours before the scheduled appointment. If you confirm your appointment and do not reschedule your appointment two (2) hours or more before the service appointment time and Fuel Donkey is unable to provide the Services then you acknowledge that Fuel Donkey may charge you the Cancellation Fee amount, at their sole discretion. Notwithstanding the foregoing, the Fuel Donkey representative shall spend a maximum of five (5) minutes trying to locate your vehicle and/or trying to contract you in order to perform the Services.
13. The situations where Fuel Donkey may refuse to provide the Services and/or charge you the Cancellation Fee include but are not limited to: if the Fuel Donkey representative determines it is unsafe to perform the Services, at their sole discretion; if your vehicle is not accessible or not where the Fuel Donkey representative believes it to be; if your gas tank is not accessible or locked; if your vehicle’s license plate does not match Sure Fuel’s records; if your vehicle is located in a private area and the Fuel Donkey representative cannot access that area; and/or if the Fuel Donkey representative has to pay to access the area where your vehicle is parked.
14. If the Services are not available to you because of something within Sure Fuel’s control, as determined at Sure Fuel’s sole discretion, Fuel Donkey agrees to provide the Services to you within Forty-Eight (48) hours of the scheduled service appointment or another time that Fuel Donkey deems appropriate. If Fuel Donkey does not provide the services within Forty-Eight (48) of the scheduled appointment (or other time deemed appropriate) then Fuel Donkey agrees to credit your account five dollars ($5.00). If you suffer any losses due the missed appointment, Fuel Donkey may choose, at its discretion, to credit your account an amount it deems reasonable to remedy your losses, up to a maximum of Fifty dollars ($50.00) if you are a User and not more that the amount of the Membership Fees if you are a Member.
15. YOU AGREE THAT FUEL DONKEY SHALL NOT BE HELD LIABLE FOR ANY DAMAGE TO YOUR VEHICLE OR OTHER PROPERTY CAUSED ACCIDENTALLY OR NEGLIGENTLY BY A FUEL DONKEY REPRESENTATIVE. NOTWITHSTANDING THE ABOVE, FUEL DONKEY MAY, AT ITS SOLE DISCRETION, CHOOSE TO PAY FOR DAMAGES CAUSED ACCIDENTALLY OR NEGLIGENTLY BY A FUEL DONKEY REPRESENTATIVE UP TO FIVE HUNDRED DOLLARS ($500.00). IF THE AMOUNT OF DAMAGE IS ABOVE FIVE HUNDRED DOLLARS ($500.00), YOU AGREE TO USE YOUR INSURANCE PROVIDER TO MAKE A CLAIM FOR SUCH DAMAGE.
16. Your Fuel Donkey membership, and all rights and privileges associated therewith, are personal to you and are not transferable to any other person.

Fees

17. All Fees are due and payable on the dates and times set out in the Fuel Donkey App. If you are a Member, all Fees are payable whether or not you use the Services. Fuel Donkey will not extend or waive the obligation to pay any Fees and no refunds will be paid for any reason whatsoever.
18. The Fees include but are not limited to: (i) if you are a Member, the cost of your Membership (regardless of whether it is paid monthly or in a lump sum) plus the cost of all fuel and/or other automobile goods delivered by Fuel Donkey to your vehicle or you, and any penalties or charges contemplated in this Agreement; or (ii) if you are a User, the cost of the on-demand service that you requested plus the cost of all fuel and/or other automobile goods delivered by Fuel Donkey to your vehicle or you, and any penalties or charges contemplated in this Agreement.
19. Fuel Donkey agrees to disclose the Fees, including the cost of fuel, to you through the Fuel Donkey App.
20. If you fail, neglect or otherwise default in your obligation to pay any Fees when due, whether by reason of rejected payment card or otherwise, you shall pay Fuel Donkey a $20.00 service charge (the “Service Charge”) in respect of each such default. If you are a User and you fail, neglect or otherwise default in your obligation to pay any Fees when due, you will be charged the Service Charge amount and you will not be able to access any of Sure Fuel’s Services until the Service Charge and any outstanding Fees are paid. Fuel Donkey reserves the right to increase the Service Charge from time to time and will give you notice of that change. If you are a Member and you have defaulted in your obligations to pay the Fees when due on more than one occasion, then at the option of Fuel Donkey the entire unpaid balance of all Fees payable during the Term may be deemed immediately due and payable. If you default in your obligations for more than ninety (90) days under this Agreement, all of your rights and privileges to receive the Services shall be terminated.
21. You agree to pay all costs that Fuel Donkey incurs in seeking to collect any Fees including, without limitation, court costs and lawyer’s fees in addition to any administrative fees, cost recovery and collection fees.
22. You represent and warrant that the credit card you have used to activate your Fuel Donkey account/membership is your credit card, or that you have the necessary authority to use it. If you are a Member you hereby authorize Fuel Donkey to automatically charge the Fees plus all applicable taxes to your credit card on the dates and times specified in Fuel Donkey App plus, if applicable, the Cancellation Fee, Termination Payment, and/or the Service Charge. If you are a Member, Fuel Donkey will continue to charge your credit card after the expiry of the Term if you have consented to the renewal of the Agreement for another Term or failed to provide notice to Fuel Donkey that you do not wish to renew the Agreement. If you are a User you hereby authorize Fuel Donkey to automatically charge this credit card for all the Services you request plus applicable taxes and, if applicable, the Cancellation Fee and/or the Service Charge.
23. The Parent or Guardian of an underage Member/User (each an “Indemnifier”) jointly and severally, absolutely, unconditionally and irrevocably guarantee the due and punctual payment by the Member/User of any and all Fees and amount owing by the Member/User to Fuel Donkey hereunder. Each of the Indemnifiers covenants with Fuel Donkey that if the Member/User defaults in the payment of any amount due to Sure Fuel, or if any one of them have agreed to make payment of any monies payable hereunder on behalf of the Member/User, the Indemnifiers shall pay such amount to Fuel Donkey forthwith upon demand. Fuel Donkey shall not be bound to exhaust its recourse against the Member/User before being entitled to payment from the Indemnifier of the amounts hereby guaranteed by the Indemnifier.

Dispute Resolution

24. If you should have any complaint, please contact Fuel Donkey through the Fuel Donkey App, the Fuel Donkey website, by email or by telephone to resolve the claim.
25. If you have a claim, you must try to resolve it in accordance with the steps outlined in paragraph 24 of this Agreement. If your claim is still not resolved after following those steps and you want to pursue it further, you are required to resolve it through the court system at the Judicial Center of Calgary in the Province of Alberta or, at our discretion, your province of residence.

Miscellaneous

26. You acknowledge that there is a risk of property damage or injury, both minor and serious, or death associated with fueling and providing services to cars. You have considered and voluntarily assume all risk of property damage, including damage to your vehicle or other property, injury or death relating to your membership and the receipt of the Services and you hereby release and forever discharge and agree to indemnify Fuel Donkey of and from all claims, damages, actions or causes which arise therefrom.
27. You agree that it is your responsibility to keep your credit card information, license plate information, fuel type information and driver’s licence information up-to-date. You further agree that Fuel Donkey has the right to refuse to provide the Services until your credit card, license plate and/or driver’s license information is accurate.
28. You agree that Fuel Donkey is hereby authorized and directed to debit the Fees and all other charges and amounts payable to Fuel Donkey pursuant to this Agreement from the credit card you supply. The personal information collected in relation to your credit card is used for the purposes of processing the Agreement and establishing a pre-authorized payment plan. Fuel Donkey does not share this information with any third party unless your account is in default and goes to a collection agency.
29. In order to accept this Agreement you need to provide your acceptance by clicking on the “I Agree” button, in relation to this Agreement. You agree that you must click the “I Agree” button on the Fuel Donkey App or Fuel Donkey website in order to receive the Services. You further consent to using electronic records and the “I Agree” button instead of paper documents and handwritten signatures in relation to the Services and/or other products that you have requested.
30. Canada’s Anti-Spam Legislation (CASL) requires that we obtain your express consent to send you information electronically. Your email address will never be released to any other company. By clicking “I Agree” you consent to receiving information electronically by Sure Fuel. You can withdraw your consent at any time by providing notice but you acknowledge that this may impact your ability to receive the Services.
31. You acknowledge that you are able to use your computer, tablet, mobile phone or other electronic device to view information sent to you by email, by the Fuel Donkey App or by web pages, including, but not limited to, materials in .pdf format.
32. You and Fuel Donkey both agree to treat each other with respect and dignity throughout the performance of this Agreement and Services.
33. Any notice or other communication to be given in connection with this Agreement may be delivered by email, through the Fuel Donkey App, by mail or by other means that Fuel Donkey deems appropriate.
34. If you miss a service appointment, membership renewal or other notification from Fuel Donkey because you prevented the Fuel Donkey App from providing notifications to you, then you acknowledge that you may not make any claims for losses that you experience due to you not receiving the notifications. You may also be subject to the Cancellation Fee.
35. You agree that Fuel Donkey can use your personal information, including but not limited to your age, gender, occupation, and neighbourhood of residence for marketing and statistical survey purposes provided that your data is anonymized by Sure Fuel. You further agree that Fuel Donkey can use your image for its marketing purposes if you consent to such use in the form set out in Schedule B.
36. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the parties other than as expressly set forth in this Agreement.
37. This Agreement shall be governed by and construed in accordance with the laws and courts of the Province of Alberta and the federal laws of Canada applicable therein.
I/We have carefully read, understand and agree to be absolutely, unconditionally and irrevocably bound by the terms and conditions contained in this Agreement including all of the terms and conditions contained on the reverse side of this document, which form an important part of this Agreement.

SCHEDULE A – SERVICES

On Demand Membership:

Your “On Demand Fuel Donkey Membership” will ensure you are ready to go in real time. Enjoy pay-as-you-go services as set out on the Fuel Donkey website and Fuel Donkey App including mobile fuel service, tire gauge check top up, washer fluid top up and oil level check.
Prime Membership:
Your “Prime Membership” will ensure you are ready go with weekly mobile fuel service, 50% off the delivery fee for additional vehicles under your membership and 25% off additional Fuel Donkey services.
Prime Plus Membership:
Your “Prime Plus Membership” will ensure you are ready go with weekly mobile fuel service, two tire gauge check and top ups per month and four litres of windshield washer fluid per month.
Black Membership:
Your “Black Ultimate Membership” will ensure you are ready go with weekly mobile fuel service, weekly tire gauge check and top ups, eight litres of windshield washer fluid per month, window and tire wiping, and four windshield chip repairs per year.

SCHEDULE B

CONSENT TO USE IMAGE
I hereby give Fuel Donkey Inc. (“Sure Fuel”) permission to use images of me (including any motion picture or still photographs made by Fuel Donkey of my likeness, poses, acts and appearance) (“Images”) for any purposes in connection with promoting Fuel Donkey and its activities (the “Purposes”), which may include advertising, promotion and marketing. Fuel Donkey may crop, alter or modify Images of me and combine such Images with other images, text, and graphics without notifying me.
I understand that my personal information, including Images of me, is being collected pursuant to section Part 1, Division 1, of the Personal Information Protection and Electronic Documents Act, SC 2000, c 5, for the Purposes. I consent to my name and any other information provided by me to Fuel Donkey being displayed in connection with the appearance of my Image. I consent to any of my personal Information, including Images of me, being stored, accessed or disclosed by Sure Fuel.
Any questions about the collection and use of the Images should be directed to Sure Fuel.
This Consent may be accepted electronically by clicking “I Agree”.

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© Fuel Donkey Inc.

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© Fuel Donkey Inc.