TERMS OF SERVICE
Last updated: March 19, 2020
Thank you for choosing Fuel Donkey Inc.! For your convenience, we have made the Terms of Service as straightforward as possible, including a short, non-binding summary followed by the full legal terms.
IMPORTANT: Please review the arbitration clause and class action waiver in Section 6 of this Agreement. Except for certain types of disputes mentioned in the arbitration clause, you and Fuel Donkey Inc. agree that disputes between us will be resolved by mandatory binding arbitration. If you reside in Canada, this provision applies to all disputes with Fuel Donkey Inc.. If you reside outside of the Canada, this provision applies to any action you bring against Fuel Donkey Inc. in Canada.
Fuel Donkey Inc. is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them.
- CONTRACTUAL RELATIONSHIP
This is a contract (“Agreement”) between you and Fuel Donkey Inc., (“Fuel Donkey,” “we,” or “us”), applicable when you use or access the site, services and mobile application by Fuel Donkey, in existence now or in the future (“Fuel Donkey Services,” “Fuel Donkey,” or “Services”). In this Agreement, the words “including” and “include” mean “including, but not limited to.”
Your access and use of the Services constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Fuel Donkey. 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. Fuel Donkey may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion 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.
Fuel Donkey 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, Fuel Donkey will notify you by revising the date at the top of the Agreement, and/or by providing you additional notice. Your continued access or use of the Services after such posting constitutes your consent to be bound by the amended Agreement. If you do not agree with the amended Agreement, please do not use the Services.
- THE SERVICES
A person must create your account which allows Fuel Donkey 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 allow Fuel Donkey to collect your precise geolocation; and Fuel Donkey may send you informational and marketing text messages. You own your personal information and User Content, permitting Fuel Donkey to use your User Content, and 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 Fuel Donkey’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 Fuel Donkey 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, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Fuel Donkey 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 or accepted 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 Fuel Donkey’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 Fuel Donkey in writing, you may only possess one Account.
You agree to allow Fuel Donkey to collect your precise geolocation. We collect this geolocation for the purpose of improving your user experience – such as reminding you to request a fill. You may disable your geolocation but be advised this may impact Services from Fuel Donkey to you. We will not disclose your geolocation to any third parties without your consent.
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 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 Fuel Donkey or any other party. In certain jurisdictions and with certain fuel products, Fuel Donkey’s mobile refueling service can only be used when there is an emergency fuel need. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you 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 if you 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. Fuel Donkey does not guarantee that the Services, or any portion thereof, will function 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, Fuel Donkey grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferrable license to:
- access and use the Applications on your personal device solely in connection with your use of the Services; and
- access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and noncommercial use. Any rights not expressly granted herein are hereby reserved by Fuel Donkey and Fuel Donkey’s licensors.
You may not:
- have more than one active Account;
- remove any copyright, trademark or other proprietary notices from any portion of the Services;
- 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 Fuel Donkey;
- decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; link to, mirror or frame any portion of the Services;
- 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
- 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 Fuel Donkey’s property or the property of Fuel Donkey’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights:
- in or related to the Services except for the limited license granted above; or
- to use or reference in any manner Fuel Donkey’s company names, logos, product and service names, trademarks or services marks or those of Fuel Donkey’s licensors.
You agree to allow Fuel Donkey to send you informational text (SMS) messages. We send you messages for the purpose of delivering the service and improving your customer experience – for example, if we need to contact 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 Fuel Donkey to you.
Referral Program & Promotional Codes
Fuel Donkey may, in Fuel Donkey’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 Fuel Donkey establishes on a per promotional code basis. You agree that Promo Codes:
- must be used for the intended audience and purpose, and in a lawful manner;
- 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 Fuel Donkey;
- may only be used for new customers and Accounts, unless expressly permitted by Fuel Donkey;
- may be disabled by Fuel Donkey at any time for any reason without liability to Fuel Donkey;
- may only be used pursuant to the specific terms that Fuel Donkey establishes for such Promo Code;
- are not valid for cash; and
- may expire prior to your use.
Fuel Donkey 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 Fuel Donkey 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
Fuel Donkey may, in Fuel Donkey’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Fuel Donkey through the Services textual, audio, and/or visual content and information, including commentary and feedback 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 Fuel Donkey, however, you grant Fuel Donkey 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 Fuel Donkey’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:
- you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Fuel Donkey the license to the User Content as set forth above; and
- neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Fuel Donkey’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, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Fuel Donkey in its sole discretion, whether or not such material may be protected by law. Fuel Donkey may, but shall not be obligated to, review, monitor, or remove User Content, at Fuel Donkey’s sole discretion and at any time and for any reason, without notice to you.
Fuel Donkey sometimes release products and features that we are still testing and evaluating (“Beta Services”). Fuel Donkey 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 be as reliable as Fuel Donkey’s other services, so please keep that in mind.
You are responsible for all fees associated with your use of Fuel Donkey’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 Fuel Donkey App itself. If a modification or cancellation of Services is necessary, Fuel Donkey will notify you of this. Drivers will not accept a tip for Services, though we would appreciate it you provided feedback about your experience.
You understand that use of the Services may result in charges to you for the services or goods you receive from Fuel Donkey (“Charges”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Fuel Donkey. All Charges are due immediately and payment will be facilitated by Fuel Donkey 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 Fuel Donkey may use the secondary payment method from your Account, if available. You agree that Fuel Donkey 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 protected] within 30 days of each fill, to request a physical receipt which will be mailed to you at our earliest convenience.
Modifications & Cancellations
In the event Client needs to cancel a scheduled fill request, one (1) hour notice to Fuel Donkey is required. Notice may be given through the app. Should Client fail to give one (1) hour notice on more than three (3) occasions, Client will be placed on a 7 day hold from scheduling a fill thereafter. Cancelling more than three (3) consecutive fills or more than seven (7) total scheduled fills, without prior approval from Fuel Donkey, will be deemed a material breach and allow Fuel Donkey to cancel the contract and/or pricing agreement or to seek legal remedies. In the event that Fuel Donkey needs to cancel a scheduled filled request 24 hours’ notice will be given to client. If Fuel Donkey fails to give 24-hour notice Client will be offered one free delivery fee valued at $5. If you think you were incorrectly charged a cancellation fee, reach out to [email protected]
Fuel Donkey, 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. Fuel Donkey 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.
Fuel Donkey may, at its sole discretion, elect to not fill a requested vehicle if Fuel Donkey 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 Fuel Donkey, or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is cancelled by Fuel Donkey, no payment will be charged. The Account holder will be notified.
Gratuities will not be accepted. You understand and agree that, while you are free to offer additional payment as a gratuity to any driver who provides you with services or goods obtained through the Services, the driver will not accept. 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.
Fuel Donkey may, in its sole discretion, round up or round down amounts that are payable to Fuel Donkey to the nearest whole functional base unit; for example, Fuel Donkey will round up an amount of $41.505 to $41.51, or $41.491 to $41.490.
- DISCLAIMERS & 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. Please read this section carefully as it limits our obligations to you.
YOU USE THE FUEL DONKEY SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
FUEL DONKEY 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, FUEL DONKEY 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. FUEL DONKEY 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.
LIMITATION OF LIABILITY
FUEL DONKEY 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 FUEL DONKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FUEL DONKEY 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. FUEL DONKEY SHALL NOT BE LIABLE FOR DELAY, FAILURE IN PERFORMANCE, OR OTHER INJURIES RESULTING FROM CAUSES BEYOND FUEL DONKEY’S REASONABLE CONTROL.
FURTHERMORE, FUEL DONKEY IS NOT LIABLE FOR ANY OTHER INTANGIBLE LOSSES RESULTING FROM:
- THE USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO USE THE SERVICE;
- 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;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO FUEL DONKEY SERVICES.
FUEL DONKEY ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR A DELAY, FAILURE IN 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 FUEL DONKEY’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY 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 hold Fuel Donkey and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “Fuel Donkey Entities”) from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in any way connected with:
- your access to, use of, or alleged use of, the Services or services or goods obtained through your use of the Services;
- your breach or violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
- Fuel Donkey’s use of your User Content;
- your violation of the rights of any third party, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or
- 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 that case, you agree to cooperate with our defense of that claim.
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 Fuel Donkey.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Fuel Donkey 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 Fuel Donkey, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Fuel Donkey 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 Fuel Donkey. You acknowledge and agree that you and Fuel Donkey 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 Fuel Donkey 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 the right of either party to:
- bring an individual action in small claims court;
- pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
- seek injunctive relief in a court of law; or
- 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 at https://canadianarbitrationassociation.ca/ or by calling the CAA at 1-800-856-5154. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for 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 Alberta 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 Demand for 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, Fuel Donkey will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the CAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Edmonton, Alberta, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted:
- solely on the basis of documents submitted to the arbitrator;
- through a non-appearance based telephone hearing; or
- by an in-person hearing as established by the CAA Rules in the county (or parish) of your billing address.
If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the CAA Rules. In that case, you agree to reimburse Fuel Donkey 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 is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings 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 14 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 arbitrator based 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. Fuel Donkey will not seek, and hereby waives all rights Fuel Donkey may have under applicable law to recover, attorneys’ fees and expenses if Fuel Donkey prevail in arbitration.
NO CLASS ACTION
YOU AND FUEL DONKEY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fuel Donkey 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 Fuel Donkey makes any future change to this arbitration provision, other than a change to Fuel Donkey’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Fuel Donkey’s address for Notice, in which case your account with Fuel Donkey will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If the subsection (Enforceability) is found to be unenforceable or if the entirety of this Section 6 is found to be unenforceable, then the entirety of this Section 6 (other than, in the latter case, this subsection (Enforceability)) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 7 will govern any action arising out of or related to these Terms.
- CHOICE OF LAW AND CLAIMS OF COPYRIGHT INFRINGEMENT
This agreement is governed by the laws of Alberta.
Choice of Law
This Agreement is governed by and construed in accordance with the laws of Alberta, Canada, without giving effect to any conflict of law principles.
Claims of Copyright Infringement
Claims of copyright infringement should be sent to Fuel Donkey’s designated agent, at [email protected] .
Fuel Donkey 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 by first class mail or pre-paid post to your address in your Account. Such notice s hall 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 Fuel Donkey, with such notice deemed given when received by Fuel Donkey, at any time by first class mail or pre-paid post to Fuel Donkey Inc., Attn: Legal, 10260 21 Street, Edmonton, Alberta, T6P 1W4.
- GENERAL PROVISIONS
Neither you nor Fuel Donkey may transfer your obligations under this Agreement to anyone else without written consent.
You may not assign this Agreement without Fuel Donkey’s prior written approval. Fuel Donkey may assign these Terms without your consent to:
- a subsidiary or affiliate;
- an acquirer of Fuel Donkey’s equity, business or assets; or
- 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, Fuel Donkey 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 struck and the remaining provisions shall be enforced to the fullest extent under law. Fuel Donkey’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 Fuel Donkey 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 Fuel Donkey 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 purchase price 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:
- product liability claims;
- any claim that the Services fail to conform to any applicable legal or regulatory requirement; and
- 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:
- you are not located in a country that is subject to a Canadian Government embargo, or that has been designated by the Canadian Government as a “terrorist supporting” country; and
- you are not listed on any Canadian Government list of prohibited or restricted parties.
Notice Regarding Other App Stores or Services
Contacting Fuel Donkey
If you have any questions about these Terms of Service, the practices of Fuel Donkey, or your dealings with Fuel Donkey, you may contact us at Fuel Donkey Inc., Attn: Legal, 10260 21 Street, Edmonton, Alberta, T6P 1W4, or sup[email protected] .