Welcome to zebra-fuel.com (the "Website"), mobile application, and online service operated by Zebra Fuel Ltd. (“Zebra Fuel,” “we,” or “us”). This page explains the terms by which all visitors, users, customers and others located in the United Kingdom (“Users” or “you”) may use our Mobile Software (as defined below) and Website (collectively, the "Platform"), content, products, and/or purchase our refuelling services and fuel (the "Refuelling Services") (the Platform and Refuelling Services collectively referred to as our “Services”).
Zebra Fuel reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
Zebra Fuel Ltd. is incorporated and registered in England and Wales under company number 10233811. Our registered office is at 9th Floor, 107 Cheapside, London, EC2V 6DN, United Kingdom.
Zebra Fuel provides a convenient service for scheduling (through the Mobile Software) and receiving a refuelling of your car or other automobile.
This is a contract between you and Zebra Fuel Ltd. You must read and agree to these terms before using our Services. If you do not agree, you may not browse or otherwise use our Services.
You may use our Services only if you are capable of entering into a legally binding contract with Zebra Fuel Ltd, and only in compliance with this Agreement and all applicable local, national, and international laws, rules and regulations. Any use or access to our Services by anyone under 16 is strictly prohibited and in violation of this Agreement.
Our Services are not available to any Users previously restricted from using the Services by Zebra Fuel.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, revocable licence to use our Services for your personal, non-commercial use only and as permitted by the features of our Services.
Zebra Fuel reserves all rights not expressly granted herein in our Services and the Zebra Fuel Content (as defined below).
Subject to the terms of this Agreement, Zebra Fuel may terminate this licence at any time for any reason or no reason on giving reasonable notice to you through the Service.
In order to gain access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion you must register with Zebra Fuel and set up an account with an ID and password (an "Account"). We may maintain different types of Accounts for different types of Users. If you open an Account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you must be authorised to open the Account on behalf of that entity.
You may never use another User’s Account without permission. When creating your Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
You must notify Zebra Fuel immediately at moc.leuf-arbez@ofni of any breach of security or unauthorised use of your Account, or if your login details are lost, stolen or otherwise compromised. Zebra Fuel will not be liable for any losses caused by any unauthorised use of your Account.
You may control your User profile and how you interact with our Service by changing the settings in your Account. By providing Zebra Fuel your email address and mobile number you consent to our using the email address and mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
You are responsible for ensuring that the information you provide to Zebra Fuel (including your contact and payment details) is kept up to date.
Zebra Fuel has the right to disable your Account or your access to the Services if, in its sole opinion, you have failed to comply with any of the provisions of this Agreement.
You agree not to engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of our Platform in any medium, including without limitation, by any automated or non-automated “scraping”;
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access our Services in a manner that sends more request messages to the Zebra Fuel servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Zebra Fuel grants the operators of public search engines revocable permission to use spiders to copy publically available materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(iii) transmitting spam, chain letters, or other unsolicited email through the Platform;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running our Platform;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through our Platform;
(vii) collecting or harvesting any personal data (as defined in the Data Protection Act 1998), including Account names, from our Platform;
(viii) using our Services for any commercial solicitation purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of our Services;(xi) accessing any content on our Services through any technology or means other than those provided or authorised by our Services; or
(xii) bypassing the measures we may use to prevent or restrict access to our Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of our Services or the content therein.
Accessing any audiovisual content that may be available on our Platform for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of our Platform. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Platform to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may at any time, without prior notice:
(i) change our Services;
(ii) stop providing our Services or features of our Services, to you or to Users generally; or
(iii) create usage limits for our Services.
We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in this Agreement. We may contact you through the Platform (for example by asking you to accept the changes before you continue to use the Services) or via a separate email.
Once we have made any changes to the Services, your continued use of the Services will show that you have accepted any changes to the Services.
We may permanently or temporarily terminate or suspend your access to our Services on giving you reasonable notice through the Platform for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.
Termination of your use of the Services and the cancellation of your Account will not affect any of your obligations to pay any sums due to Zebra Fuel.
We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Zebra Fuel provides a convenient refuelling service for motorists and others who may need fuel. You can make requests for refuelling by following the process outlined on the Mobile Software (as defined below). You acknowledge that due to the nature of Zebra Fuel’s business and of the refuelling process, we reserve the right at all times to deny or cancel a refuelling or other service if Zebra Fuel identifies, in its sole discretion, a safety or other concern of any kind, and you acknowledge and agree that Zebra Fuel shall have no liability for refusing to perform a refuelling or other service if Zebra Fuel identifies any such concern.
We may make available software to access our Services via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. You may use mobile data in connection with the Mobile Software and you may incur additional charges from your wireless provider for these services. Zebra Fuel hereby grants you a non-exclusive, non-transferable, revocable licence to use a copy of the Mobile Software for one Zebra Fuel Account on one mobile device for your personal use.
You may not:
(i)disassemble, decompile, reverse engineer, or otherwise reduce to human-perceivable form the Mobile Software (other than as permitted by law);
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
(iii) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Mobile Software in any form or media or by any means;
(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
(v) delete the copyright and other proprietary rights notices on the Mobile Software.
You acknowledge that Zebra Fuel may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
Any third-party code that may be operated in the Mobile Software is covered by the applicable open source or third-party/end user licence agreement, if any, authorising use of such code. The foregoing licence grant is not a sale of the Mobile Software or any copy thereof, and Zebra Fuel or our third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
Except as expressly provided for in this Agreement, you may not transfer any of your rights or obligations hereunder. Zebra Fuel reserves all rights not expressly granted under this Agreement.
The Mobile Software originates in the United Kingdom, and is subject to export laws and regulations applicable in the United Kingdom. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United Kingdom. You agree to comply with all applicable laws of England and foreign laws related to use of the Mobile Software and our Services.
This Clause 3(B) applies where the Mobile Software has been acquired from the Apple App Store. You acknowledge and agree that this Agreement is solely between you and Zebra Fuel, and not Apple, Inc. ("Apple") and that Apple has no responsibility for the Mobile Software or the content thereof. Your use of the Mobile Software must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. In the event of any failure of the Mobile Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the Mobile Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Mobile Software to conform to any warranty will be solely governed by this Agreement and any law applicable to Zebra Fuel as the provider of the Mobile Software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Mobile Software or your possession and/or use of the Mobile Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Software fails to conform to any applicable legal or regulatory requirements; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Zebra Fuel as the provider of the software.
You acknowledge that, in the event of any third-party claim that the Mobile Software or your possession and use of the Mobile Software infringes that third party's intellectual property rights, Zebra Fuel, and not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and Zebra Fuel acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as it relates to your licence of the Mobile Software and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as relates to your licence of the Mobile Software against you as a third-party beneficiary thereof.
This Clause 3(C) applies where the Mobile Software has been acquired from the Google Play Store:
(i) you acknowledge that this Agreement is between you and Zebra Fuel, and not with Google, Inc. ("Google");
(ii) your use of the Mobile Software must comply with Google's then-current Google Play Store Terms of Service;
(iii) Google is only a provider of the Google Play Store where you obtained the Mobile Software;
(iv) Zebra Fuel, and not Google, is solely responsible for the Mobile Software;
(v) Google has no obligation or liability to you with respect to the Mobile Software or this Agreement; and
(vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to the Mobile Software.
Our Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content (the “Zebra Fuel Content”), and all intellectual property rights related thereto, are the exclusive property of Zebra Fuel Ltd. and its licensors.
We give you permission to use the Zebra Fuel Content for the sole purpose of using the Services in accordance with this Agreement. Except as explicitly provided herein, you have no other rights in or to any Zebra Fuel Content. Use of the Zebra Fuel Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about our Services, including without limitation about how to improve our Services (“Ideas”). By submitting any Idea, you agree that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
Certain aspects of our Services may be provided for a fee or other charge, as identified on the Website and on the Mobile Software. If you elect to use paid aspects of our Services, you agree to the pricing and payment terms set out in this Agreement and on the Mobile Software, as we may update them from time to time.
Zebra Fuel may: add new services for additional fees and charges; add or amend fees and charges for existing services; and/or add, amend, or terminate any promotions or benefit programs; each at any time in Zebra Fuel’s sole discretion, on giving reasonable notice to you through the Service. Any change to our pricing or payment terms shall become effective upon your next order for Refuelling Services following notice of such change to you as provided in this Agreement.
You acknowledge that by making a request for Refuelling Services (and “order”), you will be under an obligation pay for the order. All orders are subject to acceptance by us. Zebra Fuel will notify you through the Platform to confirm our acceptance, which shall take place prior to the one-hour time slot scheduled for the refuelling. If you pay for the Refuelling Services on a pay as you go basis, the contract for purchase in relation to each order between you and Zebra Fuel will only be made when Zebra Fuel sends you this confirmation of acceptance, and Zebra Fuel will charge your chosen payment method after Zebra Fuel completes the order. If you pay for the Refuelling Services on a subscription model, the contract for purchase between you and Zebra Fuel will be made on confirmation of your subscription by Zebra Fuel, and Zebra Fuel will charge you on the payment terms described in the separate contract entered into between you and Zebra Fuel. Zebra Fuel will send you a further confirmation on completion of each requested Refuelling Service.
Zebra Fuel reserves the right to change the prices it charges for fuel and other aspects of our Services, in Zebra Fuel’s sole discretion, on giving you reasonable notice. The price for a particular transaction is set on the day on which the Refuelling Service is to be performed.
For customers using the Refuelling Service on a pay as you go basis, the applicable pricing for fuel will be made available on the Platform on the day of performance of the Refuelling Service, and the price for each transaction will be confirmed in the notice given by Zebra Fuel to you after the Refuelling Service has been completed.
You have a legal right to cancel your contract with Zebra Fuel:
(i) if you pay for the Services on a pay as you go basis, you may cancel your order at any time prior to Zebra Fuel’s completion of the order, however Zebra Fuel reserves the right to charge you the delivery fee in the event you cancel the order within one hour prior to the scheduled one-hour time slot; or
(ii) if you pay for the Services on a subscription basis, within 14 days from the date on which the subscription is accepted by Zebra Fuel or such other date as set forth in the separate contract entered into between you and Zebra Fuel,
each the "Cancellation Period". If you wish to cancel your contract during the Cancellation Period, please notify Zebra Fuel that you are exercising your legal right to cancel to moc.leuf-arbez@ofni.
You acknowledge and agree that by making a request for Refuelling Services to be provided before the end of the Cancellation Period, you agree that Zebra Fuel may perform the Refuelling Service before the end of the Cancellation Period and you will cease to have the right to cancel a request for Refuelling Services if it has been fully performed before the end of the Cancellation Period.
If you make a request for Refuelling Services to be performed during the Cancellation Period, and the request for Refuelling Services is partially performed prior to you exercising your legal right to cancel, you will be liable to pay to Zebra Fuel an amount for the partial performance of the Refuelling Service, ending on the time at which Zebra Fuel is informed of your decision to cancel the contract, which amount shall be in proportion to the Refuelling Services that have been performed.
You may cancel your Account at any time; if you pay for the Services on a subscription basis, you will receive a refund of any unused prepaid amounts on your Account at the date of termination. In the event that Zebra Fuel suspends or terminates your Account or this Agreement, and you pay for the Services on a subscription basis, you will receive a refund of any unused prepaid amounts on your Account at the date of termination.
All information that you provide in connection with a purchase or transaction or other monetary interaction with our Services must be accurate, complete, and current, and nothing in this Agreement excludes or limits your liability for fraud or fraudulent misrepresentation. You agree to pay all charges incurred by use of your credit card, debit card, or other payment method in connection with a purchase or transaction or other monetary transaction interaction with our Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
You may sign up to receive certain Zebra Fuel notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
You agree to reimburse Zebra Fuel from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (ii) your violation of any third-party right, including without limitation any right of privacy or other intellectual property rights; (iii) your violation of any applicable law, rule or regulation; (iv) your content or any content that is submitted via your Account including without limitation misleading, false, or inaccurate information; or (v) your willful misconduct.
Unfortunately, due to the nature of the Internet and technology, our Platform is provided on an “as is” and “as available” basis. This means that we are unable to promise that your use of the Platform will be uninterrupted, without delays, error-free, or will meet your expectations, and we do not give any commitment relating to the performance or availability of the Platform in this Agreement. To the maximum extent permitted by applicable law, we exclude any commitments that may be implied by law.
To the extent permitted by law, we do not accept any responsibility whatsoever for any claims arising out of the provision of the Platform.
In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
No advice or information, whether oral or written, obtained by you from Zebra Fuel through our Services will create any warranty not expressly stated herein.
Zebra Fuel does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Platform or any hyperlinked website or service, and Zebra Fuel will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. The applicable laws of several jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from the foregoing. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.
In the event of a claim arising out of your use of the Platform, Zebra Fuel's responsibility to you will never be more than the amount you have paid to Zebra Fuel in the 6 months prior to the claim arising and, in the event that you have not paid any money to Zebra Fuel in that period, Zebra Fuel will have no liability whatsoever to you.
Zebra Fuel is under a legal duty to supply fuel that is in conformity with this Agreement.
If Zebra Fuel fails to provide fuel in accordance with this Agreement and any additional agreements that you enter into with Zebra Fuel for the performance of Refuelling Services, Zebra Fuel will be responsible for loss or damage which you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but Zebra Fuel will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of Zebra Fuel's breach or if the loss or damage was contemplated by you and Zebra Fuel at the time you and Zebra Fuel entered into the Agreement.
The maximum loss or damage Zebra Fuel will be responsible for under this Clause 12 is limited to the price you paid Zebra Fuel for the transaction to which the loss or damage you suffer relates; however, Zebra Fuel does not in any way exclude or limit its liability where it would be unlawful for Zebra Fuel to do so, including for:
(i) death or personal injury caused by Zebra Fuel's negligence;
(ii) fraud or fraudulent misrepresentation; or
(iii) any breach of terms implied by law (such as those relating to title and quiet possession, description, satisfactory quality, fitness for purpose and defective products) except to the extent such terms can be excluded or limed under applicable law.
Our Services are controlled and operated from facilities in the United Kingdom. Zebra Fuel makes no representations that our Services are appropriate or available for use in other locations.
Those who access or use our Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable English and local laws and regulations, including but not limited to export and import regulations.
You may not use our Services if you are a resident of a country embargoed by the United Kingdom, or are a foreign person or entity blocked or denied by the U.K. government. Unless otherwise explicitly stated, all materials found on our Services are solely directed to individuals, companies, or other entities located in the United Kingdom.
You agree that the Services shall be deemed solely based in the United Kingdom. This Agreement is governed by English law and the courts of England will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Services.
If you have a dispute with Zebra Fuel relating to the Services, in the first instance please contact Zebra Fuel at moc.leuf-arbez@ofni.
In the unlikely event that Zebra Fuel is not able to resolve a dispute informally, Zebra Fuel will discuss and agree with you the most effective way of resolving the dispute.
This Agreement, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Zebra Fuel without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Zebra Fuel may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, text messaging, written or hard copy notice, or through posting of such notice on our Platform, as determined by Zebra Fuel in our sole discretion.
Zebra Fuel reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Zebra Fuel is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
This Agreement, together with any amendments and any additional agreements you may enter into with Zebra Fuel in connection with our Services, shall constitute the entire agreement between you and Zebra Fuel concerning our Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Zebra Fuel’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at moc.leuf-arbez@ofni with any questions, feedback or complaints you may have regarding this Agreement or any other document mentioned in this Agreement. This Agreement was last modified on 06 July 2017