Fuel Round’s Terms of Service
The Fuel Round Website and the Service is owned and operated by eTrend Ltd, a company registered in England and Wales the registered office of which eTrend Limited, Fergus & Fergus, 24 Oswald Road, Chorlton-Cum-Hardy, Manchester, M21 9LP. Company Registration Number 05603150.
- You are reading a legal document which is the agreement between you, the Member (whom we refer to as “you”, “your”, the “Customer” or the “Member” in this document) and us. We are eTrend Limited and we are the owner of this website (fuelround.co.uk). eTrend Limited is a company registered in England and we refer to ourselves as “eTrend”, “Fuel Round”, the “Group”, the “Club”, “we” or “us” or “our” in this document).
- Fuel Round is a service to users of home heating oil that aggregates potential (small) individual heating oil orders from a locality for delivery within the same period of time, with a view to achieving a discount from the heating oil suppliers – the volume of the order, and unlocked efficiencies in the areas of distribution and marketing is the ultimate source of the discounts. In addition, it facilitates the coordination of payment and delivery of fuel.
- For clarity, it is not a fuel supplier, and as such does not and cannot undertake to supply fuel. Likewise, we do not accept orders (we aggregate customer orders for auction and pricing purposes) and if successful, we place them with an oil supplier and co-ordinate some (e.g. excluding bank details) of the payment and delivery information, such as the supplier payment clerk and the customer delivery address.
- It operates as an independent service. It works with a selection of suppliers, who may change from time to time, and are wholly separate from and independent of Fuel Round. It may, without further notice, supply other related products or services.
- Fuel Round is a free to use service – the only revenue it receives is from the Service Bond (see separate section), a nominal charge that is a contribution to running costs, and an deterrant to the calsual abandoning of orders. As such, all of our services are used by you at your own risk, and our liability, in the event of a successful claim by you is strictly limited to the value of the Service Bond. The Fuel Round will run as a pilot, until further notice.
- Please read this agreement carefully. By using the Service or by using any facilities or services made available through this Website or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the “Agreement”). This Agreement is made between you and us.
- The latest version of these Terms and Conditions were updated on 18th March 2020. We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted online. You may terminate this Agreement by deactivating your account if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website will be deemed to constitute acceptance of the new terms and conditions.
- As a customer of the Supplier, your normal route of recourse for your consumer rights is via the Supplier. Nothing in this Agreement affects your non-excludable statutory rights.
In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
- “Home Heating Oil” means domestic heating oil Kerosene 28.
- ata p “Order” means any order for products or services you request us to place with a supplier on your behalf via the Website. An “Order Acknowledgement” is confirmation of receipt of your request to place an Order. Neither Orders placed with Fuel Round or Order Acknowledgements from Fuel Round constitute a commitment to supply, regardless of their content or wording. Dates and prices mentioned there in, and in all other communication from Fuel Round before price agreement with the Supplier are aspirational. Dates and prices mentioned there in, and in all other communication from Fuel Round after agreement, emanate from our discussion with the Supplier and are conveyed in good faith, but do not place Fuel Round under obligation in any way.
- “Register” means “create an account on the Website” (and “Registration” shall be construed accordingly.
- “Service” means all or any of the services provided by Fuel Round via the Website (or via other electronic or other communication from Fuel Round) including the information services, content and transaction capabilities on the Website.
- “Supplier” means a third party seller of goods and services including Home Heating Oil.
- “Website” means the fuelround.co.uk website, including subdomains such as app.fuelround.co.uk.
- Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
- Clause headings such as (“2. DEFINITIONS” at the start of this Clause) and clause titles (such as “Interpretation :” at the start of this Clause 2.2) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and’
- References to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
General Issues About this Website and the Service
- Use of the Service and the Website and any Order are each subject to the terms and conditions set out in this Agreement.
- To use the Website and/or the Service (whether with or without registration) and to make any Order, you must be 18 years of age or over and legal resident of Northern Ireland.
- The Website and the Service and any Order are directed solely at those who access the Website from Northern Ireland. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of Northern Ireland. If you choose to access the Website (or use the Service or make an Order) from locations outside Northern Ireland, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
- The Website, Service and any Order are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
- We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Order.
- The Service and use of the Website and the making of any Order does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Order. To use the Website or Service or to make an Order, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
Registration and Accounts
- You must Register in order to make an Order from the Website. This is so that we can provide you with easy access to print your orders, view your past orders and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
- To Register you need to supply us with your name, address, postcode, mobile telephone number, and email address. You may opt to provide some of these details, using the login with Facebook feature.
- You will also be asked for a username and password, during registration. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that any person to whom its user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
- All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
- We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-UK user pretends to be a UK user, or disrupts the Website or the Service in any way.
- If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
- Unless otherwise agreed in writing by the seller, all products shall be supplied in accordance with these conditions, to the exclusion of any terms and conditions (if any) stipulated by the buyer and any representations, warranties or communications not expressly incorporated in these Conditions.
- “Orders” placed with Fuel Round do not constitute a committment by us to fulfil that order, regardless of what communication you have had with uc, e.g. Order Acknowledgement. Once paid for, your consumer rights are applicable, with the oil supplier.
- If you do not accept the full quantity of your order, perhaps because your tank does not have sufficient free capacity, you will only be charged for teh amount of fuel actually delivered. However, the supplier has the right to charge you a greater per litre price than quoted, which may be in excess of our CAP price.
- The Member shall be solely responsible for ensuring the accuracy of the terms and details of any order we facilitate between you and the Supplier, e.g. ensuring delivery address is correct.
- As a condition of Order, we reserve the right to send you administrative and promotional communications (WhatsApp, Facebook, email and SMS). We may also send you information regarding your account activity and orders, as well as other promotional offers. (You can always opt-out of our promotional communications at any time by following the unsubscribe instructions’ at the bottom of any such correspondence, where the communication channel facilitates.)
- By placing an Order, you acknowledge that the Order is made subject to this Agreement, and the ability of all parties to fulfil the Order.
- The Club and/or the Supplier reserves the right to amend ordered quantities without notice in order to comply with any legal restrictions or credit limits, whether previously agreed with the buyer or not.
- An order request can be cancelled at any time without charge, up to the CAP date (see separate section on CAP price), which is 48hrs to 72hrs before quotation date, as specified in the Order Acknowledgement. However, Fuel Round reserves the right to close your account if regular order requests are cancelled. Cancellations after this date will incur a forfeit of the Service Bond, and Members may be readmitted at an inflated rate, at Fuel Rounds’ discretion.
- The price communicated by Fuel Round to the ordering customers may be adjusted upwards by the supplier, if the full order is not accepted – eg if the customers tank does not have sufficient capacity to accept the full order on the delivery day.
Supplier responsibility : The Supplier, and not Fuel Round, is:
- the seller of the Home Heating Oil
- solely responsible for providing you with Home Heating Oil and any ancillary products (future option)
Your responsibility : The customer/member is:
- Solely responsible for providing all the correct details to ensure smooth delivery;
- Ensuring contact is made with the supplier, until the payment is successfully made, even if this means the customer has to call the supplier repeatedly
- Making your payment, direct to the supplier, in the manner outlined by Fuel Round within the timescales outlined by Fuel Round, i.e. by Debit Card over the phone, on the nominated time slot. You may opt to pay by Credit Card, but the supplier may apply a surcharge. You may NOT pay by cash, unless you organise delivery of the cash to the suppliers office during the nominated time slot.
- Declaring the correct use of the oil is for either Domestic use only or Commercial use;
- If you require more than 2300L at any one time you must complete the VAT Declaration form under your account if for domestic use.
- Solely responsible for allowing plenty of time for delivery from the date payment is submitted and to make allowances for weather, supply and access restrictions that may delay delivery beyond the estimated delivery date.
The CAP Price
The basic function of Fuel Round is to collect orders from a locality over a period of time, for delivery in the same time frame, and negotiate the best price from suppliers for the entire group order. As a result, the price is not known at the time of order. To overcome this obstacle to ordering, Fuel Round makes a price guarantee, which we call the CAP Price – the CAP price is the maximum price you’ll be charged for your order.
In practice, the CAP price is the Consumer Council price survey result for the average price of fuel in your area from the previous Friday, rounded up to the next pound, If you place the order earlier in the ordering cycle, we issue a Guide CAP, which is updated with the Actual CAP about 48 hours before the order cancellation deadline. We will communicate these prices to you by email. If you placed your order before the actual CAP is issued, we will ask for your agreement to the Actual CAP before we process your order.
All CAP prices and related communications assume you are based on the domestic VAT rate, i.e. 5% at the time of writing this document. Customers on other VAT rates should adjust these values to take account of he rate applicable to them. For example, a commercial customer, subject to 20% VAT at the time of writing, should multiply the CAP values by 1.2/1.05 and round up to the next pount to get their true CAP values.
If Fuel Round cannot secure supply at or below the CAP price, it will either cancel all transactions for the entire group or request each ordering customer to agree to the actual quoted price, without placing obligation on them. If all customers agree, the order may proceed, subject to time restraints and other limitations. If all customers do not agree to the quoted price, the transaction will normally be cancelled, although exceptions may apply.
Orders may be cancelled up to the notified date, which is normally ~48 hours after the Actual CAP announcement and 11pm on the Sunday before quotations. Cancellations after this time are subject to £20 cancellation fee.
Orders that are not fully delivered, maybe if the tank does not have enough room to accept the order, may be charged at a higher price than communicated by Fuel Round – that higher price could be in excess of the CAP Price.
- Suppliers will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
- Suppliers will apply their order and delivery terms to your order once you have committed to your order by submitting your payment details.
- Some suppliers will await your call for payment, and others will proactively call you when we send them the group order. In both cases, it is YOUR responsibility to ensure YOUR payment is made on time.
- We will never pass your details to a supplier, or anybody seeking payment or information, without first informing you (either by email, or other confirmed-contact (i.e. where we reasonably beleive you have received the message). It is your responsibility to ensure you are not responding to false or fradulent requests.
- You agree to accept and respond cosntructively to all communications from Fuel Round and oil suppliers fulfilling our group orders, in a timely manner.
- You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
- It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
- Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
- to send or receive any material which is not civil or tasteful;
- to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
- to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
- to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- cause annoyance, inconvenience or needless anxiety;
- to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
- for a purpose other than which we have designed them or intended them to be used;
- for any fraudulent purpose;
- other than in conformance with accepted Internet practices and practices of any connected networks; or
- in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
- The following uses of the Service (and Website) are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
- resale of the Service (or Website);
- furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
- attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
- accessing the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
- executing any form of network monitoring which will intercept data not intended for you;
- sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
- creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
- sending malicious email, including flooding a user or site with very large or numerous emails;
- entering into fraudulent interactions or transactions with us or a Supplier (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
- using the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;
- unauthorised use, or forging, of mail header information;
- engage in any unlawful activity in connection with the use of the Website and/or the Service; or
- engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
- will not disparage the Company or any of its officers, directors, or employees in the press, on the internet or social media sites.
Rules About Use of the Service and the Website
- We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by using our contact form
- We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
- We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
- Also, although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.
- We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, email clients). For the avoidance of doubt, we may also withdraw any information from the Website or Service at any time, even during Fuel Round cycles (period from ordering opened to delivery completed).
- We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
- We always strive to select the cheapest supplier. However, on occasion, we may not, e.g. if their service or your feedback has been poor.
- The price for fuel will be as quoted to you, except in cases of obvious error, and will be specific to an individual order. In cases of error, or cancellations from customers after quotations, the price may be adjusted or the entire group order may be cancelled.
- Customers and Suppliers must be honest in their dealings with the group and with each other, and vice versa.
- Customers cannot change their delivery date or time, unless the supplier agrees. Repeated requests for date changes may result in the termination of the customers account.
Suspension and Termination
- If you use (or anyone other than you, with your permission uses) the Website or Service or place an Order in contravention of this Agreement, we may suspend your use of the Service and/or Website (in whole or in part).
- If we suspend the Service or Website, we may refuse to restore the Service or Website until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
- Fuel Round shall fully cooperate with any law enforcement authorities or court order requesting or directing Fuel Round to disclose the identity or locate anyone in breach of this Agreement.
- Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or Website; ii) suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
- you commit any breach of this Agreement;
- we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
- We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
- Notwithstanding anything else in this Clause 8, we may terminate this Agreement at any time.
- Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
- You shall indemnify us against each loss, liability or cost incurred by us arising out of:
- any claims or legal proceedings which are brought or threatened against us by any person arising from (i) your use of the Service or Website, and (ii) the use of the Service or Website through your password, or
- any breach of this Agreement by you.
Standards and Limitation of Liability
- We warrant that we will exercise reasonable care and skill in performing any obligation under this Agreement, and
- This Clause 10 (and Clause 1.7) prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
- the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Website (or any part of it or them); or
- otherwise in relation to this Agreement or the entering into or performance of this Agreement.
- Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by ss.12 and 14 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to Clause 1.7).
- We do not warrant and we exclude all Liability in respect of:
- the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise; and
- the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
- your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility);
- Save as provided in Clause 10.3 but subject to Clause 10.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.
- Save as provided in Clause 10.3 but subject to Clauses 10.4.3 and 10.8, our Liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed any sums paid by you to Fuel Round under this agreement. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 10.6.
- Save as provided in Clauses 10.3 and 10.4.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.
- Save as provided in Clause 10.3, we shall have no Liability for:
- loss of revenue;
- loss of actual or anticipated profits;
- loss of contracts;
- loss of the use of money;
- loss of anticipated savings;
- loss of business;
- loss of opportunity;
- loss of goodwill;
- loss of reputation;
- loss of, damage to or corruption of data; or
- any indirect or consequential loss;
- damage or loss to property;
- Save as provided in Clause 10.3, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
- The limitation of Liability under Clause 10.9 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
- In this Clause 10:
- “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract); and
- “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
We comply with protection regulations, as required by United Kingdom law. .
- See our DPO details here.
- Any concerns about these policies or suspicions of breached, you may contact us here.
Intellectual Property Rights
- All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
- None of the material listed in Clause 12.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
- All rights (including goodwill and, where relevant, trade marks) in the Fuel Round name are owned by us.
- No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
- No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
- Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
- Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including non-cooperation from third parties (such as IT infrastructure), Customers or Suppliers.
- Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
- No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
- Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
- Third party rights: No term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
- Survival: In any event, the provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service.
- Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
- Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with Northern Irish law and both parties hereby submit to the exclusive jurisdiction of the courts of Northern Ireland.
A maximum of one promotion, discount or other cost reducing mechanis shall apply to each transaction (order of oil or purchase of Service Bond, or other), unless specifically stated otherwise.
Customer Referral Scheme
Customers who refer other customers are eligible for a £5 credit on their account towards their next order, if all of the following terms are satisfied:
- the new/referred customer mentions the referrers name at the time of registration
- there is only one name identified as a referrer
- the referrer is already a fully registered customer of Fuel Rond
- both the referred customer and referrer place an order, and successfully complete the transaction within 6 months of the referrer signing up to Fuel Round
- neither the referred customer or referrer cancel their Service Bond subscription under our 2 week no-quibble refund policy.
Special Terms, Free Forever plan
Users on the Free Forever plan are bound by the same terms as all other account holders, as outlined in this document. In addition, the following special terms apply to these users:
- they are subject to a reduced number of ordering channels, as indicated on the registeration page
- they are subject to fees for certain communications, as indicated on the registeration page
- they are subject to other notes and conditions, as indicated on the registeration page, at the time of order (not at the time of joining)
- these special terms may change without notification
Service Bond (Currently being phased out)
Fuel Round charges a service bond to customers to ensure they comply with the above terms. Failure to comply will, on most occasions, result in the termination of service and the forfeit of the Service Bond. The following notes and conditions apply:
- customers may register on our systems, and place orders, but orders will not be processed if the Service Bond is not paid before the last day of ordering for the cycle
- customers may avail of a “no-quibble” refund on their Service Bond up to 14 days after the delivery of their first order (to allow a risk-free trial period), providing there are no incompleted orders associated with the cutsomer. Customers availing of this offer will have their services terminated.
- in certain circumstances, customers who breach these terms of service through no fault of their own may not be removed from Fuel Round. If this arises, it will be fully dependent upon them paying a order cancellation fee to Fuel Round that equates to 125% of the current supplier compensation for failed orders that is paid by Fuel Round to suppliers. The supplier compensation fee is currently set at £20, giving rise to a customer order cancellation fee of £25. These fees are subject to adjustments, up or down, and those adjustments may not be announced here – it will be dependent upon the deal offered to the suppliers in the relevant cycle. However, they will be announced in emails sent to you during the course of the transaction.
- customers whose service has been terminated (either due to breach of terms or refund of the Service Bond) may be permitted to rejoin the group, at the discretion of Fuel Round.
- rejoining customers will not have any discounts applied to their Service Bond, regardless of what offers are available to other customers.
- in the event that Fuel Round ceases to operate, whilst liquid, it will refund multi-year service bond holders for unused years, by pro-rata. A lifetime Service Bond will be viewed as a 5 year bond for the purposes of this term/condition.
The Fuel Round Easy-Pay scheme allows customers to spread the cost of their heating oil by making regular payments into our client account. The following notes and conditions apply:
- we are holding your money solely as an accommodation to you, and the transfer of these funds to our account does not constitute a contract to supply oil, or any other service. Specifically, customers are reminded that Fuel Round facilitates a transaction between the customer and the oil supplier – we are not a retailer, nor are we an oil supplier. nor do we offer you any consumer protections in relation to your transaction with the oil supplier.
- the basic mechanism behind the Easy-Pay scheme is a regular standing order from your account, to our account. You may start, stop or adjust it freely. However, all money deposited using the scheme must be accompanied by the reference provided on the dashboard (this reference is specific to each tank (and pay contact) on your account).
- the money in the Easy-Pay account remains the sole ownership of the person who legally owns the bank account from which it was paid. If any money is disputed between customers who, say, share an account, we will hold the funds uuntil both parties have agreed on ownership, or we are instructed by a court to do otherwise. We are not responsible or liable for any disputes arising between customers, or for resulting losses that may be incurred.
- Easy-Pay is an optional service, which is subject to a 0% and 1% fee, for Premium and Free Forever customers, respectively – these fees may change at any time, and are intended to cover operating costs only.
- rejoining customers will not have any discounts applied to their Service Bond, regardless of what offers are available to other customers.
- you may request your unspent back from the Easy-Pay scheme at any time – it will be returned to the account(s) from which it came.
Competition, launched 30 November
- The Promoter of this prize draw is Fuel Round, a trading name of eTrend Ltd, 24a Oswald Road, Chorlton, M21 9LP.
- The prize draw is open to all Northern Ireland residents aged 18 years or over except employees of the Promoter or its holding or subsidiary companies, their families agents or any third party directly associated with administration of the prize draw.
- This prize draw is free to enter but internet access and your own genuine personal Facebook account are required.
- To enter into the prize draw, simply visit the Promoter’s Facebook page (https://www.facebook.com/fuelround/) and invite your (Northern Ireland resident (member and invitees)) friends to join the Fuel Round (club members) Facebook group (aka, the Facebook group). Entries are automatically validated when the invitee has completed their Fuel Round ordering app registration.
- Each entrant may make multiple entries, providing they are recognised by Facebook as having invited their friend to join the group. The Promoter shall also have the right to disqualify any entrants that are in breach of Facebook’s Terms of Service (https://www.facebook.com/legal/terms). Invitees that were subject to multiple invites from different persons, will be associated with one entry for one person only.
- The opening date for entries is 09:00 hrs on Monday 30 Nov 2021. The closing date of the prize draw will be 23:59 hrs on Monday 28 February 2022, whichever comes first. Entries received outside of this time frame will not be valid.
- The Promoter accepts no responsibility for entries not successfully completed dues to a technical fault, technical malfunction computer hardware or software failure, satellite, network or server failure of any kind. The promoter accepts no responsibility for entries not successfully completed due to anomalies in the Facebook system, the promoters misuse of the Facebook system or other errors.
- The winner will be randomly selected within 2 weeks after the close of the draw.
- The winner will be selected as follows – entrants will be added to a spreadsheet in approximate chronological order, along with the number of entries they qualify for. An online random number generator will be used to generate a random number between 1 and the total number of entries. That number will be used to determine the winner, e.g. is 125 is generated, the owner of entry 125 will be the winner.
- The winner will receive 200 litres of home heating oil, which will be appended to the winning members next club order, which must be within 6 months of the winning date. If the winner wants the oil delivered to a location outside Fuel Round’s current operation area, but within Northern Ireland, the promoter may opt to offer a substitute price of similar value. If the winner wants the oil delivered to a location outside of Northern Ireland, they will be disqualified from the competition, and the draw will be rerun. The value of the prize will be the a pro-rata value of our smallest order for the BT33 postcode, for the soonest cycle in which the fuel could be delivered, i.e. the ordering cycle of the draw.
- To claim your prize – winner to place their fuel order, respond to the order acknowledgement email indicating their wish to draw down their prize. Fuel Round will pay the appropriate portion of their invoice to the supplier (in cases where more than 200 litres are ordered), reducing their liability.
- Any costs incidental to the fulfillment of the prize, other than the truck delivery costs, are the responsibility of the winners. Failure to take delivery of the oil on the first attempt, of which you’ll be notified in advance, will incur a £36 repeat delivery charge.
- The winner will be notified on the Draw Date by way of private message via the Facebook account they used to enter and will be provided with details of to how to claim their prize and how to take delivery. If a winner does not claim their prize before midnight on 15 February 2022 then the prize will be forfeited, and the Promoter will be entitled to select another winner in accordance with the process described above.
- The prize for the winner is non-exchangeable, non-negotiable, non-transferable and no cash alternative is offered.
- The Promoter reserves the right to replace the prizes with alternative prizes of equal or higher value if circumstances beyond the Promoter’s control makes it necessary to do so.
- The decision of the Promoter regarding any aspect of this prize draw is final and binding and no correspondence will be entered into about it.
- The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will send the surname and county of the prize winner and, if applicable copies of their winning entries, to anyone who writes to the address set out in condition 1 (enclosing a self-addressed envelope) within 30 days of the closing date stated in condition 6. If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter at the address set out in condition 1. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
- Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. The Promoter reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.
- The Promoter reserves the right to hold void, suspend, cancel, or amend the prize draw where it becomes necessary to do so.
- Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winners or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter or its agents (note the fuel supplier is not an agent of the promoter). Your statutory rights are not affected.
- Personal data provided by you in entering this prize draw will be processed by the Promoter for the purpose of administering this prize draw. Entry to this prize draw will be deemed as your consent to this processing. If you do not wish your personal data to be processed in this way, please do not enter this prize draw. If your name was offered by a friend, and you wish to be removed from the Facebook group, you may let us know and we’ll remove you within 7 days of receipt of notification.
- Personal data, of the eventual winner, supplied during the course of this prize draw may be passed on to third party suppliers only insofar as required for fulfillment/delivery/arrangement of the prize. If you do not wish your personal data to be processed in this way, please do not enter this prize draw.
- Personal data, of the eventual winner, supplied during the course of this prize draw may be passed on to third party suppliers only insofar as required for Fuel Round promotion. If you do not wish your personal data to be processed in this way, please do not enter this prize draw.
- The winning member is bound by our Terms of Service in all regards, with the sole exception of those directly relating to the payment of the prize amount/volume.
- This prize draw is in no way sponsored, endorsed, or administered by or associated with Facebook and entrants hereby acknowledge and agree that Facebook has no liability whatsoever in respect of these terms and conditions nor the prize draw to which they relate.
- The prize draw shall be governed by Northern Irish law, and the parties submit to the jurisdiction
The winner, a female from BT31, contacted on 17th Feb requested anonymity.