Terms & Conditions
Thank you for choosing Paz Fuels Ltd. For your convenience, we have made the Terms of Service as straight forward as possible. Please not the process for disputes noted below.
This agreement and the rights and obligations of the parties hereto shall be governed by the laws of the Province of British Columbia, Canada without regard to principles of conflict of laws. Any controversy or claim arising out of or relating to this Agreement shall be resolved by binding arbitration in the city of Vancouver in the Province of British Columbia, in accordance with Arbitration Laws of British Columbia and judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration, all filings, written evidence and testimony connected with the arbitration and all relevant allegations and events leading up to the arbitration, shall be held in strict confidence.
Paz Fuels Ltd. 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 will provide notice for any changes made. Note as well that Paz Mobile Fuels Ltd. is contracted to deliver the fuel requests and is only responsible for said service.
1. CONTRACTUAL RELATIONSHIP - Summary
Your access and use of the Services constitute your agreement to be bound by this Agreement, which establishes a contractual relationship between Paz Fuels and yourself. If you do not agree to any of theterms of this Agreement, you may not access or use the Services. This Agreement expressly supersedes any prior agreements or arrangements with you. Paz FuelsLtd. 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.
PazFuels Ltd. 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, Paz Fuels Ltd. 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
2. THE SERVICES - Summary
An authorized person must create your account which allows Paz Fuels Ltd. to provide you Services; you must include in this application the people authorized to place orders other than the original applicant. Any order placed through our portal will to be assumed to be authorized personal as the account will be password protected and not shared with other personnel. Paz Fuels Ltd. will ask to provide a certain amount of personal information to create an account; you allow Paz Fuels Ltd to collect your precise geolocation; and Paz Fuels Ltd. may send you informational text messages. You own your personal information and User Content, permitting Paz Fuels Ltd. 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 Paz FuelsLtd. 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 Paz Fuels Ltd. in a separate written agreement with you, the Services are made available solely for your personal and non commercial use.
User Eligibility & Accounts
In order to use most aspects of the Services, you must register for and maintain an active user Services account (“Account”). You must be an authorized individual for account registration which requires you to submit to Paz FuelsLtd. certain personal information, such as your name, address, mobile phone number, password, vehicle year, make, license plate, and model, as well as atleast 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 Paz FuelsLtd.’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless otherwise permitted by Paz Fuels Ltd. in writing, you may only possess one Account.
You agree to allow Paz Fuels Ltd. and/or Paz Fuels Mobile to collect your precise geo location. 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 must advise Paz Fuels Ltd. prior to disabling. Please note, this may affect the delivery of fuel in a timely manner.
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 Paz Fuels Ltd. or any other party.
Network Access & Devices
You are responsible for obtaining the data network access necessary to use the Online Order Service. 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. Paz Fuels Ltd. does not guarantee that the Services, or any portion thereof, will function on any 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, Paz Fuels Ltd. grants you the right to place online orders using the online application that will be forwarded to you upon acknowledgement of this agreement.
You may not:
- have more than one active Account unless otherwise authorized.
- 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 Paz Fuels
- de-compile, 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 Paz Fuels Ltd.’s property or the property of Paz Fuels Ltd.’s licensors. Neither this Agreement or 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 Paz Fuel Ltd.’s company names, logos, product and service names, trademarks or services marks or those of Paz Fuels Ltd.’s licensors.
- Text Messaging, you agree to allow Paz Fuels Ltd. 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 PazFuels to you.
User Provided Content
Paz Fuels Ltd. may, in Paz Fuels Ltd.’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Paz FuelsLtd. 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 Paz Fuels Ltd., however, you grant PazFuels Ltd. 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 Paz Fuels Ltd.’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 Paz Fuels Ltd. the license to the User Contentas set forth above; and neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Paz Fuels Ltd. use of the User Content as permitted herein will infringe, misappropriate or violate athird 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 Paz Fuels Ltd. in its sole discretion, whether or not such material may be protected by law. Paz Fuels Ltd. may, but shall not be obligated to, review, monitor, or remove User Content, at Paz Fuels Ltd.’s sole discretion and at any time and for any reason, without notice to you.
Paz Fuels Ltd. sometimes release products and features that we are still testing and evaluating (“Beta Services”). Paz Fuels Ltd. 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 Paz Fuels Ltd. other services, so please keep that in mind
PAYMENT - Summary
You are responsible for all fees associated with your use of Paz Fuels Ltd.Services. We are responsible for communicating those fees to you clearly and accurately. You agree to receive a receipt via email, text or by paper through the PazFuels portal or only delivery through paper receipt. If a modification or cancellation of Services is necessary, Paz Fuels Ltd. 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 Paz Fuels Ltd. (“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 Paz Fuels Ltd. All Charges are due immediately and payment will be facilitated by Paz Fuels Ltd. 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 Paz Fuels Ltd. may use the secondary payment method from yourAccount, if available. You agree that Paz Fuels Ltd. will send you a receipt byemail, text message, and/or paper receipt. These electronic receipts are sufficient for all purposes, including any specific requirements under applicable law. Ifyou prefer to receive a paper receipt, please contact firstname.lastname@example.org 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 hundred and twenty (120) minutes notice to Paz Fuels Ltd. is required. Notice may be given through the online portal or over the phone. A user can cancel the same day delivery one hundred and twenty (120) minutes prior to the time slot window. If a user cancels during the one hundred and twenty (120) minutes preceding the requested time, user will be charged a fee of $75 as a result of the cancellation. User can not cancel order if status of driver is in “Arrived” state. Should Client fail to give one hundred and twenty (120) minute notice on more than three (3) occasions, Client will be notified of the account cancellation. In the event that Paz Fuels Ltd. needs to cancel a scheduled filled request 24 hours’ notice will be given to client. If Paz Fuels Ltd. fails to give 24-hour notice Client will be offered a discounted delivery that Paz Fuels deems appropriate. If you think you were incorrectly charged a cancellation fee, reach out to email@example.com
Paz Fuels Ltd, 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. Paz Fuels Ltd. 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
Paz Fuels Ltd. may, at its sole discretion, elect to not fill a requested vehicle if Paz Fuels Ltd. or Paz Mobile Fuels Ltd. 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 Paz Fuels Ltd. or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is cancelled by Paz Fuels Ltd. 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.
Paz Fuels Ltd. may, in its sole discretion, round up or round down amounts that are payable to Paz Fuels to the nearest whole functional base unit; for example, Paz Fuels Ltd. will round up an amount of $58.905 to $58.91, or $30.892 to $30.89.
DISCLAIMERS & LIMITATION OF LIABILITY - Summary
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 PAZ FUELS LTD. SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PAZ FUELS LTD. 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, PAZ FUELS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE.
By accessing this Website, accessible from www.pazfuels.com, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials on Paz Fuel's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:modify or copy the materials;use the materials for any commercial purpose or for any public display;attempt to reverse engineer any software contained on Paz Fuel's Website;remove any copyright or other proprietary notations from the materials; ortransferring the materials to another person or "mirror" the materials on any other server.This will let Paz Fuels terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.
All the materials on Paz Fuel's Website are provided “as is”. Paz Fuels makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Paz Fuels does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.
Paz Fuels or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on Paz Fuel's Website, even if Paz Fuels or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Paz Fuel's Website may include technical, typographical, or photographic errors. Paz Fuels will not promise that any of the materials in this Website are accurate, complete, or current. Paz Fuels may change the materials contained on its Website at any time without notice. Paz Fuels does not make any commitment to update the materials.
Paz Fuels has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Paz Fuels of the site. The use of any linked website is at the user's own risk.
8. Governing Law
Any claim related to Paz Fuel's Website shall be governed by the laws of Canada without regards to its conflict of law provisions.