Reports
WEBSITE TERMS AND CONDITIONS
By using or subscribing to this website you agree to be bound by these terms
and conditions ("Terms and Conditions") and, in particular, you agree
and accept the disclaimers and limitations of liability contained in the Terms
and Conditions. If you do not agree to and accept these Terms and Conditions
please leave this website immediately.
1 Definitions
In these Terms and Conditions:
1.1 "our site" means the website accessed via the website address
"www.fuelpricesonline.com";
1.2 "our", "we" and "us" means
fuelpriceseonline.com and, where applicable, its officers, employees and
authorized agents;
1.3 "Material(s)" means material relating to the Services provided on
our website or sent to you by e-mail, text message or otherwise for which a subscription
fee is payable and includes any ancillary software, supplied by us;
1.4 "Services" means any services provided by us through this
website;
1.5 "Subscription" means your right to use the Services and the
Materials;
1.6 "Subscription Fee" means the subscription fee agreed with us for
receiving all or any of the Services available on our site for a period of
twelve months and payable in advance or in installments.
1.7 "you" and/or "your" means the person or organization
entering into this agreement with us by accepting these Terms and Conditions;
1.8 "your business" means the company or the filling station(s) on
behalf of which we have agreed that you may use our site.
2 Terms of Use of our site
2.1 We will permit you to access, use and interact with our site subject to
these Terms and Conditions.
2.2 Our site is directed exclusively at commercial enterprises in the United
Kingdom and Ireland.
2.3 You are permitted to search, view, copy, print out and use the Materials
and to use the Services provided on our site for your own business use.
3 Your Obligations
3.1 You will not:
3.1.1 copy, print out or otherwise reproduce any part of the Materials, except
as permitted by these Terms and Conditions or authorized by us in writing;
3.1.2 make any part of the Services or Materials available to any third party
other than to your employees for the sole purpose of use in your business,
except as permitted under this agreement or authorized by us in writing;
3.1.3 alter any part of the Materials; or
3.1.4 assign or otherwise dispose of all or any of your rights under these
Terms and Conditions.
3.2 You will take reasonable steps to ensure that no persons, other than those
authorized hereunder, access the Services using accounts created with your
username and password.
3.3 You are responsible for configuring your information technology, computer
programs and platform in order to access the Services and/or Materials.
Notwithstanding sub-paragraph 4.1.3 below, you should use your own virus
protection software.
4 Our Obligations
4.1 We will:
4.1.1 exercise reasonable care in compiling our site;
4.1.2 use reasonable efforts to make our site available;
4.1.3 take reasonable steps to ensure that any software and data files supplied
to you as part of the Services are virus-free;
4.1.4 take reasonable steps to ensure that the Services are continuous and that
any interruptions to access to our site by any event within our control are
kept to a minimum;
4.1.5 use reasonable endeavours to secure any personal data, bank details and
credit card information you give us.
5 Subscription to our site
5.1 We authorize you to use the Services and Materials subject to payment of
the Subscription Fee. You may authorize any of the employees of the your
business provided that such authority extends only to use of the Services and
Materials in your business only. This authority starts when you enter into this
agreement and ends if your Subscription is terminated or is suspended.
5.2 If you fail at any time to pay the Subscription Fee due in accordance with
these Terms and Conditions we may, in our discretion and without prejudice to
our other rights, deny you access to those areas of our site which are
exclusively available to subscribers and/or suspend your Subscription. We need
not provide you with advance notice in such circumstances.
5.3 In consideration of your being allowed to use the Services and Materials,
you agree:
a) to provide true, accurate, current and complete information about yourself
when prompted by our registration form or any other form we ask you to complete
at any time, and
b) to maintain and update promptly any personal information which you are able
to update on our site so as to keep it true, accurate, current and complete.
5.4 No person other than you or any employees you have authorized under clause
5.1 is authorized to use your username or password. You must keep your username
and password confidential and take all reasonable precautions to prevent
unauthorized use thereof. If you suspect that anyone else has used or is using
your username or password, you must notify us immediately. You are responsible
for all use of our site with your username or password whether or not the use was
actually yours.
6 Platts Market Data and Reports
6.1 The Platts Market Data feeds and the "Daily Reports" consist of
information provided to us by third parties. Accordingly, we will not be liable
in any way whatsoever for:
(a) any of the content of the Daily Reports;
(b) any technical, factual, textual or typographical inaccuracies, errors or
omissions in the Daily Reports;
(c) any delay or failure in the provision of the Daily Reports or any of them;
and/or
(d) your reliance on the Daily Reports which will be entirely at your own risk
and we make no warranties or representations that such Daily Reports will be
accurate and/or up to date.
7 Bulletin Board
7.1 It is a condition of your Subscription that any use by you of our site"s
bulletin board will not be, or be capable of being, defamatory, blasphemous,
obscene or otherwise offensive. In the event that you or any person authorized
to use our site by you hereunder posts any material on our site"s bulletin
board which is, in our sole opinion, defamatory, blasphemous, obscene,
offensive, infringes the rights of any person or is otherwise illegal, we
reserve the right to censor and/or remove all and any offending statements,
phrases, words and/or graphical items without prior notice.
7.2 In the event of a repeated and/or flagrant breach of the provisions of
clause 11.1 above, we reserve the right, at our sole discretion, to immediately
suspend or terminate your Subscription, without prior notice and without refund
of the Subscription Fee or any part thereof, as we feel necessary to protect
our interests and the integrity of our site in the circumstances.
8 Classified Advertisements
8.1 From time to time, subscribers to our site will be entitled to post
classified advertisements for goods and/or services on our site. We will not be
liable in any way whatsoever and we make no representations, warranties,
endorsements or recommendations in connection with any products and/or services
purchased from other subscribers or any other person in response to such
classified advertisements.
8.2 In the event that you or any person authorized to use our site by you
hereunder places a classified advertisement which:
(a) is or contains material which is, in our sole opinion, defamatory,
blasphemous, obscene, offensive, infringes the rights of any person or is
otherwise illegal; or
(b) advertises goods and/or services which, in our sole opinion, are obscene,
offensive, infringe the rights of any person or are otherwise illegal
we reserve the right to censor and/or remove all and any such classified
advertisements without prior notice.
9 General Disclaimer and Limitation
of Liability
9.1 We are providing our site on an "as is" basis and make no
representations or warranties of any kind with respect to the contents of our
site, the Materials or the Services, and disclaim all such representations and
warranties. In addition, we make no representations or warranties about the
accuracy, completeness, or suitability for any purpose of the information and
any related graphics published on our site. The information contained on our
site may contain technical inaccuracies or typographical errors. Any and all
liability howsoever arising for any such inaccuracies or errors or for
a) any technical, factual, textual or typographical inaccuracies, errors or
omissions on or relating to our site or any information on our site, the
Materials and/or the Services;
b) the unavailability of our site (or any part of it) or any materials and/or
services;
c) any statement made by third parties using our site;
d) any delay in providing, or failure to provide or make available, services or
materials any negligent provision of Services and/or Materials; or
e) any goods purchased in response to Classified Advertisements or any other
feature on our site not being of satisfactory quality or fit for their intended
purpose; or
f) any misrepresentation on or relating to our site or Services or Materials,
(other than a fraudulent misrepresentation made by us or on our behalf)
is expressly excluded to the fullest extent permitted by law.
9.2 Neither we nor any of our directors, employees or other representatives
will be liable for any loss or damage arising out of or in connection with the
use of our site, including by way of negligence. This is a comprehensive
limitation of liability that applies to all damages of any kind, including
(without limitation) compensatory, direct, indirect or consequential damages,
loss of data, income or profit, loss of or damage to property and claims of
third parties.
9.3 We do not warrant or represent that:
(a) access to our site and/or the Services, or any part thereof will be
uninterrupted, reliable or fault free;
(b) the Services, or any services (whether or not provided by us) will be
provided with due care and skill;
(c) our site and/or the Services and/or the Materials or any of their contents
will be accurate, complete or reliable; or
(d) any goods (whether or not provided by us) will be of satisfactory quality
or will be fit for any purpose (even if that purpose has been previously
notified to us).
9.4 Notwithstanding the foregoing, none of the exclusions and limitations in
this paragraph 14 are intended to limit any rights you may have as a consumer
under local law or other statutory rights which may not be excluded nor in any
way to exclude or limit our liability to you for death or personal injury
resulting from our negligence or that of our employees or agents.
9.5 You should note in particular that:
9.5.1 the Materials include archived information and resources, which may be
incorrect or out of date;
9.5.2 the Services and/or Materials and our means of delivering them may be
incompatible with your software or computer configuration; and
9.5.3 we may change or withdraw part or all of any Services at our discretion.
9.6 You agree that each of these limitations is reasonable having regard to the
nature of our site and in particular given that when you purchase information,
goods or services through our site you will enter into a separate contract with
the supplier in each case.
9.7 Each of the above exclusions or limitations shall be construed as a
separate, and severable, provision of these Terms and Conditions.
10 Information and Data Protection
10.1 During the registration process or at any subsequent time when you may
answer questions or when "cookies" may be used we may collect and
process the personal information you have provided. We may use information we
have collected for improving and running our site, providing usage statistics
and other feedback to business and advertisers who provide or contribute to the
contents of our site and for any other purpose to which you consent. If you
wish to object to such collection, processing and/or use of information, please
contact us.
10.2 We follow appropriate security procedures in the storage of personal
information so as to prevent unauthorized access by third parties. However, the
Internet is not a totally secure medium and you acknowledge and agree that, to
the fullest extent permitted by law, we shall not be responsible for any
unauthorised use, distribution, damage or destruction of personal data.
11 Cookies
Our site uses "cookie" information collection technology. Cookies may
also be used by advertisers and agencies that post adverts on our site or by
companies to which we link. If you do not wish to receive cookies, it is your
responsibility to either:
(a) contact us; or
(b) use a browser which does not (or is configured not to) accept cookies
(which may then limit the functionality of our site).
12 Links to other sites
Certain links, including hypertext links, in our site will take you outside our
site. Links are provided for your convenience and inclusion of any link does
not imply endorsement, recommendation or approval by us of the linked site, its
operator or its content. We are not responsible or liable in any way whatsoever
for the content of any website outside our site.
13 Commencement, Payment and
Termination of Subscription
13.1 Your Subscription commences once you have:
(a) contacted us and we have agreed with you the specific details (including
any further terms and conditions) of your Subscription; and
(b) paid, in cleared funds, your Subscription Fee or the first Direct Debit
installment thereof
and shall continue until terminated pursuant to paragraph 18.3.
13.2 Where you pay your Subscription Fee yearly in advance, your Subscription
Fee shall be payable within 7 days of each anniversary of the commencement of
your Subscription.
13.3 We may terminate your Subscription immediately if you are in material
breach of any of these Terms and Conditions and in particular upon any failure
by you to pay your Subscription Fee in accordance with these Terms and
Conditions and/or any other terms and conditions agreed between you and us. You
may terminate your subscription at any time on 30 days notice to us. If we
terminate your Subscription pursuant to this clause 18.3, any outstanding
balance of your Subscription Fee will become immediately due and payable within
30 days of the date of such termination.
13.4 We may suspend your subscription for any period of time at our absolute
discretion, without refund of the Subscription Fee or any part thereof:
(a) pursuant to clause 5.2 above; and/or
(b) pursuant to clause 11.2 above; and/or
(c) if you are in material breach of any of these Terms and Conditions.
13.5 Any rights that have accrued to either party at the date of termination
will remain enforceable after termination.
14 Internal Use Only
You agree that you will use our site only for your internal business purposes
and that you shall not exploit our site or any of its contents for any other
purpose.
15 Intellectual Property Rights
15.1 All intellectual property rights (including copyright) in the design,
text, graphics and other material on our site and the selection or arrangement
thereof are owned by us or other third parties. Permission is granted to
electronically copy and print in hard copy portions of our site solely in
connection with the acquisition of goods or services through our site. Any
other use of materials on our site (including reproduction for purposes other
than those noted above and alteration, modification, distribution, or
republication) without our prior written permission is strictly prohibited.
15.2 You hereby grant to us a perpetual royalty-free, irrevocable license to
copy, issue copies, communicate to the public, make publicly available and
include in a cable programme service (either in whole or in part or in a
modified or edited form) any material you up-load or post to our site (whether
to the bulletin board or otherwise). You acknowledge and agree that such
material is not up-loaded or posted subject to any obligation of confidence.
16 Taxes
We have made every effort to make clear whether the quoted prices for goods and
services available through our site include any relevant tax or duty or do not.
Where in any case it is not clear please note before you make an order that you
may incur a liability to tax or duty (for example value added tax) imposed by
the supplier or by operation of law that is in addition to the price.
17 Disclaimer – Use of Platts
Data
This information has been obtained from sources believed reliable. However,
because of the possibility of human or mechanical error by sources, McGraw-Hill
does not guarantee the accuracy, adequacy or completeness of any such
information and is not responsible for any errors or omissions or for results
obtained from use of such information. All data is provided "as is"
without warranties of any kind, express or implied. Redistribution of these
proprietary price assessments is prohibited.
18 Force Majeure
The Company shall not
be liable for any delay in performing its obligations under the Contract if
such delay is caused by circumstances beyond its reasonable control.
19 General
19.1 We reserve the right at any time without notice to revise the content of
our site (including the services offered by us) and these Terms and Conditions.
Any changes to these Terms and Conditions will be posted on our site and by
continuing to use our site following any such change you will signify that you
agree to be bound by the revised terms and conditions of use.
19.2 We reserve the right in our sole discretion to deny users access to our
site or any part of our site without notice and to decline to provide any
services to any user that is in breach of these Terms and Conditions.
19.3 If any court holds any provision of these Terms and Conditions to be void
or unenforceable, it shall be deleted and the remaining provisions shall
continue in full force and effect.
19.4 These Terms and Conditions shall be governed by and construed in
accordance with the laws of England and Wales and you agree to submit to the
exclusive jurisdiction of the Courts of England and Wales.