TERMS OF SERVICE

These terms of service (“Terms”) apply to your access and use of Fillme (the ‘’Service’’). Please read them carefully.

Accepting these Terms

If you access or use the Fillme Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing contact@fillmefuels.ca

Changes to these Terms

We reserve the right to modify and add to these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective 3 days after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check Fillme for changes to these Terms

If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms. If you do not agree to the modified terms for the Service, you should discontinue your use of the Service. If there is a conflict between current terms and additional terms, the additional terms will control for that conflict.

If it turns out that a particular term is not enforceable, this will not affect any other terms.

Privacy Policy

For information about how we collect and use information about users of the Service, please check out our privacy policy available at https://www.fillmefuels.ca/privacy

Creating Accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

Third Party Services & Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that Fillme does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Fillme does not endorse such third-party services and content, and in no event shall Fillme be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

WARRANTIES & DISCLAIMERS

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE OR THE MOBILE APPLICATION. IN ADDITION, WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF, OR RELATING TO, ANY OF THE FOLLOWING, REGARDLESS OF WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE:

LEAVING THE GAS TANK DOOR OPEN — YOU AGREE THAT YOU LEAVE THE GAS TANK DOOR TO YOUR VEHICLE OPEN AT YOUR OWN RISK, AND THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM LEAVING YOUR GAS TANK DOOR OPEN.

ANY SIPHONING OF GASOLINE FROM YOUR VEHICLE.

ACCESS BY ANY THIRD PARTY TO ANY AREA WITHIN WHICH YOUR VEHICLE IS LOCATED, WHETHER OR NOT YOU HAVE GIVEN US ANY KEY, PIN OR PASSCODE TO ALLOW US ACCESS TO SUCH AREA.

ANY SPILLAGE OF GASOLINE, WHETHER OR NOT RELATED TO OUR SERVICES.

THE GASOLINE USED TO FILL YOUR GAS TANK.

ANY DAMAGE TO YOUR VEHICLE OR OTHER REAL OR TANGIBLE PERSONAL PROPERTY, WHETHER OWNED BY YOU OR BY A THIRD PARTY — BY AGREEING TO THESE TERMS OF USE AND GRANTING ACCESS TO YOUR VEHICLE GAS TANK AND THE PROPERTY ON WHICH YOUR VEHICLE IS LOCATED, YOU ASSUME ALL LIABILITY FOR ANY DAMAGES ARISING FROM OUR ACCESS TO YOUR VEHICLE.

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, REGARDLESS OF WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN SERVICE FEES (WHICH DOES NOT INCLUDE FEES ALLOCATED TO THE PRICE OF GASOLINE) DURING THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100) https://fillmefuels.ca/

YOU AGREE THAT ANY INSURANCE UNDER WHICH YOU ARE INSURED, WHICH MAY BE AVAILABLE TO ADDRESS ANY DAMAGES ARISING OUT OF, OR RELATING TO, ANY OF THE PRECEDING LISTED EVENTS, SHALL BE THE PRIMARY SOURCE OF INSURANCE TO ADDRESS ANY SUCH DAMAGES. YOU AGREE THAT ANY INSURANCE UNDER WHICH WE ARE INSURED SHALL NOT BE THE PRIMARY SOURCE OF INSURANCE TO ADDRESS ANY DAMAGES, AND MAY ONLY BE ACCESSED AT OUR SOLE DISCRETION AND ELECTION, OR NOT AT ALL.

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the Canada laws, without regard to conflicts of law principles.

Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FILLME, Co. AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You and Fillme, Co. agree to arbitrate any dispute arising from these Terms or your use of the Service, except that you and Fillme, Co. are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Fillme, Co. agree (a) that any arbitration will occur in New Brunswick; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS (Judicial Arbitration and Mediation Service); and (c) that the courts of New Brunswick have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND FILLME Co WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

Jurisdiction

A lawsuit, if any, by you or Fillme, Co. against the other will occur in provincial court in New Brunswick. You and Fillme, Co. agree that the jurisdiction and venue of these courts is exclusive. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of New Brunswick located in Canada in connection with any such dispute including any claim involving Service https://fillmefuels.ca/become-a-driver/

Fillme, Co. Materials

We put a lot of time, money and effort into creating the Service, including, the logo and all designs, text, graphics, pictures, website, database, algorithms, analytics, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by Canada and international copyright laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include: (i) modifying or otherwise making any derivative uses of the Service or any portion thereof; (ii) using any data mining, robots or similar data gathering or extraction methods; (iii) downloading (other than page caching) of any portion of the Service or any information contained therein; (iv) reverse engineering or accessing the Service in order to build a competitive product or service; or (v) using the Service other than for its intended purposes. If you do any of these actions, we may terminate your use of the Service and reserve the right to pursue legal action.

PAYMENT

Summary

You are responsible for all fees associated with your use of Fillme’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 Fillme App itself. If a modification or cancellation of Services is necessary, Fillme 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 https://fillmefuels.ca/wiper-blades/

Charges

You understand that use of the Services may result in charges to you for the services or goods you receive from Fillme (“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 Fillme. All Charges are due immediately and payment will be facilitated by Fillme 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 Fillme may use the secondary payment method from your Account, if available. You agree that Fillme 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 contact@fillmerfuels.ca within 30 days of each Boost, to request a physical receipt which will be mailed to you at our earliest convenience.

Modifications & Cancellations

Fillme, 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. Fillme 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.

Fillme may, at its sole discretion, elect to not fill a requested vehicle if Fillme 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 Fillme, or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is cancelled by Fillme, no payment will be charged. The Account holder will be notified 

Gratuities

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.

Rounding Off

Fillme may, in its sole discretion, round up or round down amounts that are payable to Fillme to the nearest whole functional base unit; for example, Fillme will round up an amount of $23.505 to $23.51, or $23.491 to $23.490.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service https://www.paulinngweth.com/a-propos/

Entire Agreement

These Terms constitute the entire agreement between you and Fillme, Co. regarding the use of the Service, superseding any prior agreements between you and Fillme, Co relating to your use of the Service.

Feedback

Please let us know what you think of the Service, these Terms and, in general, Fillme.  When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Fillme, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions https://fillmefuels.ca/privacy-politic/

Contact

Questions or comments about the Service or Fillme, Co. may be directed to us at the email address contact@fillmefuels.ca You may also write to:

Fillme, Co. 35 Danny St, Dieppe E1A 0H6 – New Brunswick Canada