Terms and Conditions

fuelGenie terms and conditions

Definitions

1.1 The following terms shall have the following meanings:

“Account” an Account held under this Scheme

“Account Holder” the business in whose name the Account is held

“Agreement” the application form signed by the Account Holder and these Conditions of Use

“Card” fuelGenie fuel card

“Cardholder” any person using a Card issued under the Scheme

“Company” Worldline IT Services UK Limited, 4 Triton Square, Regent's Place, London NW1 3HG

“Conditions of Use” these conditions of use relating to the Scheme

“Deposit” the amount required by the Company to be paid by the Account Holder with the Agreement, such sum to be returned by the Company to the Account Holder (interest-free) at the expiry or termination of the Agreement

“Participating Site” an authorised site, which appears on the fuelGenie website

“Registered Vehicle” a vehicle registered on the Account by inclusion in the Agreement signed by the Account Holder

“Scheme” the Worldline Supermarket Fuel Card Scheme in respect of which Cards are issued under this Agreement

“Scheme Address” fuelGenie, PO Box 6139, Wolverhampton, WV1 9RQ Telephone 0845 371 2490

“Supplies” (i) fuel or (ii) fuel and oil, as set out in the Agreement

1.2 In these definitions the singular includes the plural and vice versa; words denoting any gender includes all genders; words denoting persons include partnerships and companies and vice versa.

1.3 Signature of and/or use of a Card constitutes acceptance by the Account Holder of these Conditions of Use which supersede and shall be taken to override any terms and conditions proposed or stipulated by the Account Holder.

The agreement

2.1 By applying for an Account under this Scheme, the Account Holder confirms that it is doing so in the course of business and not as a consumer and that it has authority to bind the business on whose behalf the Account and Cards are to be issued and used. The Account Holder further acknowledges and undertakes that all Card Holders are duly authorised to carry out transactions on its behalf under this Scheme.

2.2 Authorisation by the Company of an Agreement under this Scheme permits the Account Holder to use Cards to obtain Supplies for Registered Vehicles at Participating Sites. A sales voucher shall be issued to the Cardholder at the Participating Site in respect of each transaction.

2.3 Completion of this Agreement by the Account Holder constitutes authorisation to the Participating Sites to accept any Card issued to the Account in payment of Supplies, provided that the Account and the Card are valid and current at the date of supply.

2.4 The signature by a Cardholder of a sales voucher issued under this Scheme shall constitute acceptance by the Account Holder that the details shown on the sales voucher are true and accurate in all respects and that no other conditions affect that transaction except as set out in these Conditions of Use.

2.5 Completion of this Agreement by the Account Holder authorises the Company to debit the Account the sums contained in each sales voucher.

2.6 The business’s statutory rights are not affected by this Agreement.

2.7 The Account Holder may cancel this Agreement at any time by giving 14 days notice to the Company at the Scheme Address.

2.8 The Company may terminate this Agreement with immediate effect in the event that (a) the Account Holder becomes insolvent, goes into liquidation, whether compulsory or voluntary, has a receiver or administrator or administrative receiver appointed over all or part of its property or business or is declared bankrupt (as appropriate), (b) the Account Holder breaches any term of this Agreement, or (c) the Scheme ceases to operate for any reason.

2.9 In the event that the Agreement is terminated or cancelled for any reason by either party, the total outstanding balance on the Account shall immediately become due and payable by the Account Holder in full and cleared funds and the right to use the Cards shall automatically cease and all Cards issued to the Account must be returned forthwith.

Use of fuel cards

3.1 Cards shall be issued to the Account Holder on (a) acceptance by the Company of the completed Agreement, (b) completion of a satisfactory financial search of the Account Holder by the Company, and (c) receipt by the Company of the Deposit (where required).

3.2 Each Card shall include the name of the Account Holder, the Card number, and the Cardholder name or the vehicle registration number. Cards shall remain valid up to and including the date marked on the Card and shall be valid for the purchase of Supplies at Participating Sites up to any maximum aggregate credit limit placed on the Card as notified by the Company from time to time.

3.3 Cards remain the property of the Company and do not confer any right to receive Supplies. Cards may be cancelled by the Company at any time provided that notice, either oral or in writing, has been given to the Account Holder.

3.4 Cancelled Cards must be returned forthwith to the Company at the Scheme Address. Any cancelled Card presented in connection with any transaction for Supplies shall be retained; a sales voucher shall nevertheless be issued for any Supplies already obtained by the Cardholder and the purchase sum debited to the Account. Cancellation of a Card or termination of the Agreement shall be without prejudice to the Account Holder's liability in respect of such Card or Account.

3.5 The Account Holder shall notify the Company at the Scheme Address of any change of name, address or commercial status of the Account Holder. Where necessary replacement Cards shall be issued under the Scheme.

3.6 Damaged or faulty Card(s) shall be replaced by the Company on receipt of the Card(s) by the Company at the Scheme Address.

3.7 If any Card is lost, stolen or otherwise no longer in the possession of the Account Holder, the Account Holder shall immediately notify the Company at the Scheme Address. Oral notification shall be confirmed in writing by the Account Holder within 7 days. Notwithstanding the foregoing, the notification date shall be the date on which the Company receives the written notification. Provided there has been no fraud, negligence or other misuse of the Card by the Account Holder or Cardholder in respect of such Card, the Account Holder shall not be liable for any purchase made with the Card from the date of notification. The Account Holder shall indemnify the Company against all claims, costs and expenses incurred by the Company arising from theft, loss or misuse of the Card, whether fraudulent or not, prior to such notification above or occurring as a result of any breach by the Account Holder of these Conditions of Use.

3.8 The Account Holder may cancel a Card on notification and return of the Card to the Company at the Scheme Address. The Account Holder shall be liable for all purchases made with such Card prior to receipt of the Card at the Scheme Address.

3.9 The Company shall not be liable to the Account Holder for any loss, damage, cost or expense incurred as a result of any failure or refusal to provide Supplies under the Scheme.

Payment

4.1 The Company shall debit the Account monthly with the aggregate sum of the sales vouchers issued in the preceding month.

4.2A statement and invoice showing the amount to be deducted from the Account shall be issued to the Account Holder on 2nd day of the month following the relevant calendar month (unless otherwise agreed with the Company). The statement and invoice shall include the date, time, Card number, Participating Site, description of Supplies provided, mileage and vehicle registration number (if available) and value (excluding and including VAT) of each transaction.

4.3 All sums owing to the Company by the Account Holder as shown in the statement and invoice referred to in 4.2 above shall be paid by means of the direct debit mandate attached to the Agreement. The monthly debit shall be enacted within 14 days (or on the next banking day thereafter) of the date of invoice, unless otherwise agreed by the Company. The Company shall be entitled to charge the Account Holder an administration fee of £25.00 for each occasion on which a direct debit fails for any reason (other than the default of the Company). Any payment made by credit card will be subject to a 2.35% handling fee.

4.4The Account Holder may request the Company to provide copies of sales vouchers for transactions made on their Cards provided that the transaction took place not more than 3 months prior to the date of the request.

General

5.1 The Company shall be entitled to amend these Conditions of Use at any time by reasonable written notice to the Account Holder.

5.2 The Company may assign or transfer this Agreement and any or all of its rights and liabilities under the Agreement by written notice to the Account Holder.

5.3 The Company accepts no liability and gives no warranty, express or implied, whether arising by common law or statue in relation to any transaction by or Supplies supplied to the Account Holder by virtue of entering into the Agreement and/or the use of the Card.

5.4 Save in relation to the Company’s liability for death or personal injury caused by its negligence or for fraudulent misrepresentation, which shall not be limited, the Company shall not be liable for loss whether arising from breach of contract, tort (including without limitation, negligence), statutory duty or otherwise, and whether direct or indirect, nor for any of the following: loss of profits, loss of revenue, loss of savings (anticipated or actual), loss of contract, loss of goodwill or loss of reputation, or any indirect or consequential loss or damage.

5.5 Failure by the Company at any time to enforce any breach by the Account Holder of these Conditions of Use or the Agreement shall not be construed as a waiver by the Company of such Conditions of Use or Agreement and the Company shall be entitled to enforce such breach at any time.

5.6 If any of these Conditions of Use or the Agreement shall be deemed void for any reason whatsoever, but would be valid if part of the wording were deleted any such conditions shall apply with such modifications as may be necessary to make it valid and effective.

5.7 The Company will collect, store and use any personal information provided by the Account Holder and/or Cardholders in connection with your Account (the “Customer Information”) in accordance with the requirements of the Data Protection Act 1998 and our Privacy Policy, details of which can be found here .

5.8 The Company will use Customer Information only in the following ways:

a) to set up and maintain your Account and all records relating to it;

b) for the administration of the Account and to process and communicate with you about all bookings and payments on your Account;

c) to provide you with requested information or correspondence, such as a response from us to an enquiry made by you;

d) to enable third parties to carry out technical, logistical or other functions on our behalf;

e) to carry out fraud prevention in accordance with 5.9 below;

f) to carry out credit checking in accordance with 5.10 below; and

g) for marketing purposes, subject to 5.11 below.

5.9 The Company and/or other organisations may access and use Customer Information to prevent fraud and money laundering, for example, when: (i) checking details on applications for credit and credit related or other facilities, (ii) managing credit and credit related accounts or facilities, (iii) recovering debt, (iv) checking details on proposals and claims for all types of insurance, and (v) checking details of job applicants and employees. If false or inaccurate information is provided by you and fraud is identified, details will be passed to fraud prevention agencies and law enforcement agencies may access and use this information. Please contact us if you want to receive details of the relevant fraud prevention agencies. The Company and other organisations may access and use the information recorded by fraud prevention agencies from other countries.

5.10 The Company may use Customer Information for credit checking in order to mitigate exposure to bad debts. By entering into this Agreement you confirm that you agree to the Company or a third party nominated by it undertaking such credit reference agency searches from time to time and that records of the searches may be seen by other organisations in relation to any application for credit in the future.

5.11 Your contact details may be used to supply information to you by telephone, email or post, about us and to send you occasional marketing material, such to recommend products, services and benefits that might be of interest to you. To unsubscribe at any time, please amend your marketing options by logging on to your online account here . For further details on how we collect and use your information for marketing purposes, please review our Privacy Policy.

5.12 The Agreement shall be governed by the laws of England & Wales and shall be subject to the jurisdiction of the courts of England & Wales.

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