MyService.Expert TERMS AND CONDITIONS
Schedule 1 – Terms and Conditions of Use
Fuel Card Services Limited and MyService.Expert
TERMS AND CONDITIONS OF SALE OF SERVICES ON MYSERVICE.EXPERT
The following Terms and Conditions govern your use of the fuel cards issued and/or administered by Fuel Card Services Limited for the purchase of Service Maintenance and Repair through MyService.Expert
1.1 In these Terms and Conditions the following words, terms or expressions will have the following meanings:
“Ancillary Charges” means any administration fees, charges or other similar fees charged by FCS in relation to the Customer’s account;
“Business Day” means any day other than a Saturday, Sunday or bank or other public holiday in England;
“Card” means any and all Card Company cards issued to the Customer by FCS for the purpose of purchasing Goods and/or Services from a Site;
“Card Company” means the relevant fuel card supplier which has authorised FCS to issue Cards to Customers on its behalf;
“Contract” means a contract created by the acceptance by FCS of an order made by the Customer for Service Maintenance and Repair through MyService.Expert service (and which incorporates these Terms and Conditions).
“Customer” means a body corporate, partnership or individual acting in the course of its business and in whose name the Card account is held and maintained and includes employees, sub-contractors or any other person acting on behalf of the Customer;
“E-Bill” means an electronic invoice sent by FCS (in substitution of a paper invoice). E-Bills can be requested by the Customer but are sent solely at the discretion of FCS. References in these Terms and Conditions to invoices include E-Bills where appropriate;
“FCS” means Fuel Card Services Limited (CRN: 2107821) whose registered office is Alexandra House, Lawnswood Business Park, Redvers Close, Leeds, LS16 6QY;
“Goods and/or Services” means fuels, lubricants and other goods and/or services offered by Suppliers including Service Maintenance and Repair arranged through MyService.Expert;
“MyService.Expert” means the website operated by FCS by which the Customer may contact Suppliers who can provide Service, Maintenance and/or Repair to the Customer;
“Service Maintenance and Repair” means the services of service, maintenance and repair of the Customer’s vehicles by a Supplier;
“Site” means a site authorised by FCS for the sale of Goods and/or Services;
“Supplier” means the authorised person, company or partnership that accepts the Card and which operates a Site and sells the Goods and/or Services;
“MyService.Expert Terms and Conditions” means these terms and conditions, as amended by FCS from time to time;
1.2 The headings in these MyService.Expert Terms and Conditions are for convenience only and shall not affect the interpretation of these MyService.Expert Terms and Conditions or the Contract.
2.1 Use of a Card by the Customer for the purchase of the Goods and Services through MyService.Expert service constitutes acceptance of these MyService.Expert Terms and Conditions which supersede and shall be taken to override any terms and conditions proposed or stipulated by the Customer. FCS’s standard terms and conditions of Card use shall also apply, visit https://www.fuelcardservices.com/fuel-card-services-terms-and-conditions/.
2.2 All quotations, offers and/or tenders are made and all orders using the Card through MyService.Expert are accepted by FCS subject to these MyService.Expert Terms and Conditions. All prices quoted are subject to alteration or withdrawal by FCS from time to time without notice.
2.3 No Contract is created between FCS and the Customer until the duly authorised documentation relating to the Contract has been processed by FCS and all prior correspondence or oral communications are to be regarded as superseded and not forming part of the Contract.
2.4 All drawings, brochures, descriptive matter, price lists or advertisements howsoever supplied are approximate only and intended for general guidance and information purposes only and shall not form part of the Contract. The parties hereby acknowledge and confirm that they have not entered into the Contract in reliance upon any representation or warranty or other undertaking not fully reflected in the terms of the Contract.
2.5 These MyService.Expert Terms and Conditions (as amended) shall apply to all orders made using Cards, through MyService.Expert by the Customer, unless FCS notifies the Customer otherwise.
2.6 FCS reserves the right to amend the MyService.Expert Terms and Conditions from time to time and the Customer shall be subject to the MyService.Expert Terms and Conditions that are in force at the time that the Card is used to purchase Goods or Services through MyService.Expert. Any changes to the MyService.Expert Terms and Conditions will be notified to the Customer via a change to the version number of the MyService.Expert Terms and Conditions which is set out on all invoices. The Customer agrees that it shall check FCS’s MyService.Expert website not less than once every 3 months (or following a change in version number notified on an invoice) in order to check whether the MyService.Expert Terms and Conditions have been amended.
- 3. PURCHASE OF GOODS AND/OR SERVICES AND PRICING
3.1 Supplies of Goods and/or Services, acquired with the Card through MyService.Expert by the Customer shall be invoiced at the price shown on the Customer’s receipt plus a reasonable handling fee. Full details of all costs and charges shall be made clear to the Customer prior to the Customer entering a transaction.
3.2 All prices are subject to all Government or other taxes, duties, levies, charges, surcharges, assessments or impositions where applicable at the appropriate rate and any variation of the same at any time for the account of the Customer.
- INVOICES AND VOUCHERS
4.1 An invoice (which may be in the form of an E-Bill) will be sent to the Customer once or twice (as appropriate) monthly in arrears, or weekly in arrears, detailing all purchases of Goods and/or Services made using the Card through MyService.Expert attributable to the Customer’s account and which have been processed as at the date of the raising of the relevant invoice, plus any Ancillary Charges. No invoice will be sent if no purchases of Goods and/or Services have been made in a relevant period and there are no Ancillary Charges. If E-Bills are not acceptable to the Customer, FCS will provide hard copy invoices at a cost per invoice.
5.1 Payment of each invoice shall be made in one payment by the Customer in full and cleared funds in the timescales and in accordance with the payment terms detailed on the relevant invoice.
5.2 If the Customer fails to pay an invoice by the due date (as referred to in clause 5.1), FCS may at its discretion:
5.2.1 place the Card on stop and suspend the MyService.Expert service; and/or
5.2.2 place the Card on stop and suspend the Customer’s ability to use MyService.Expert . For the avoidance of doubt, FCS’s rights under the FCS standard card terms and conditions shall apply in addition to any rights reserved in the MyService.Expert Terms and Conditions.
- INTEREST AND CHARGES
6.1 FCS reserves the right to charge interest and/or reasonable debt recovery costs in the event that any amounts payable by the Customer to FCS under these MyService.Expert Terms and Conditions are not paid by the due date (without prejudice to FCS’s other rights and remedies).
6.2 Interest shall be chargeable and payable in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, or at such lower rate as FCS may decide in its absolute discretion from time to time.
6.3 Reasonable debt recovery costs for the purposes of clause 6.1 shall include all third party debt recovery costs, charges and other liabilities reasonably incurred by FCS including collection agency costs and any costs incurred in ascertaining the location of the Customer.
6.4 All payments by the Customer or any credits or refunds due to the Customer will be applied first in settlement of any interest owed to FCS by the Customer and secondly in reduction of the Customer’s other indebtedness to FCS. No claim by any Customer or Authorised Cardholder against any Supplier shall entitle the Customer to set off or counterclaim against the amounts due to FCS.
7.1 The Contract may be terminated by either party at any time by giving not less than 30 working days’ prior written notice to the other party.
7.2 FCS shall be entitled to treat the Contract as terminated with immediate effect and without notice in the event that:-
7.2.1 the Customer is in breach of any of these MyService.Expert Terms and Conditions;
7.2.2 If the Customer (as applicable) goes into, or is perceived by FCS as likely to enter into receivership, administration, bankruptcy, liquidation or similar proceedings or makes any arrangement with its creditors or any other event occurs which, in the opinion of FCS, may affect the ability of the Customer to comply with any or all of its obligations or meet any of its liabilities under these MyService.Expert Terms and Conditions.
7.2.3 FCS receives a credit reference (which the Customer hereby agrees FCS may carry out from time to time in relation to the Customer) which is, in FCS’s opinion, unsatisfactory;
7.2.4 the Customer undergoes a change in control (where “control” means the ability, directly or indirectly, to direct the affairs of another (whether by means of ownership, contract or otherwise)). The Customer agrees to notify FCS not later than 2 weeks prior to any change in control of it occurring; or
7.2.5 FCS receives notification from its insurers that credit insurance cover has been reduced or withdrawn from the Customer.
7.3 The Contract shall automatically terminate upon the termination for any reason whatsoever of any agreement with the Supplier and / or pursuant to termination of a Card under the FCS Standard Terms & Conditions of Card Use and such termination will be confirmed by written notice to the Customer by FCS.
7.4 FCS may cancel or suspend MyService.Expert at any time without notice and reserves the right to refuse to reinstate MyService.Expert.
- CONSEQUENCES OF TERMINATION
In the event of termination of the Contract:
8.1.1 the Customer shall cease using the MyService.Expert
8.1.2 the whole outstanding balance of the Customer’s account shall (at FCS’s discretion) become due and payable in full to FCS; and
8.1.3 the right of the Customer to use the Card on MyService.Expert shall terminate (but without prejudice to the Customer’s liability for the use of the Card after termination or to the rights of FCS already accrued at the date of such termination).
- IMPORTANT INFORMATION: LIMITATION OF FCS LIABILITY
9.1 Nothing in these MyService.Expert Terms and Conditions shall exclude or limit FCS’s liability for death or personal injury caused by its negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded by law.
9.2.1 The Customer acknowledges that FCS will sub-contract the provisionof the Goods and / or Services to the Suppliers. The Customer acknowledges that in the event the Customer does not authorise a transactionfor the supply of Goods and / or Services via the MyService.Expert websitewithin 60 minutes of it being presented to the Customer, thatthe Customer authorises FCS to review andauthorise the transaction on behalf of the Customer.
9.2.2 FCS warrants that on delivery, the Goods and / or Services shall be free from material defects in design, material and workmanship; be of satisfactory quality (within the meaning of the Consumer Rights Act 2015); and be fit for any purpose held out by FCS. FCS will to the extent permissible pass on to the Customer the benefit of any warranty given by the Supplier and the manufacturer of the Goods and / or Services.
9.2.3 Subject to thefollowing paragraph, if (i) the Customer gives to FCS and its Supplier notice in writing within a reasonable time of discovery that some or all of theGoods and/or Services do not comply with the warrantyset out above, (ii) FCS or the Supplier are given a reasonable opportunity ofexamining such Goods and (iii) the Customer (if asked to do so by FCS) return such Goods to theSupplier’s place of business, then FCS shall, at FCS’s option either repair or replace thedefective Goods or refund the price of the defectiveGoods in full.
9.2.4 FCS shall not be liable for the failure of the Goods and/orServices to comply with the above warranty if (i) the Customer makes any further use of such Goods after giving anotice in accordance with the paragraph above, unlessauthorised by FCS to as reasonably necessary to drivethe relevant vehicle to a home or business address ora garage, (ii)such Goods are altered or repaired by or on behalf of the Customer without FCS written consent or that of FCS Supplier, or (iii)the defect arises as a result of fair wear and tear, wilfuldamage, negligence, abuse or abnormal workingconditions.
9.2.5 Except as provided above FCS shall have no liability tothe Customer in respect of the failure of the Goods and /or Services tocomply with the warranty set out above.The above terms shall apply to any repaired or replacement Goods supplied by FCS as above. FCS warrants toyou that the Services will be provided using reasonablecare and skill. If the Customer gives to FCS and the Supplier noticein writing within a reasonable time of discovery that theServices do not comply with the warranty set out aboveFCS shall, at FCS option, re-perform the Services or refundthe price of the defective Services in full.Nothing in this agreement shall limit or exclude FCS liability for:death or personal injury caused by FCS negligence, orthe negligence of FCS employees, agents or subcontractors;fraud or fraudulent misrepresentation.
9.2.6 Subject to the paragraph above: FCS shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or
of all other losses arising under or in connection with the agreement in respect of any particular Goods and/ or Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of such Goods and /or Services. Any terms implied by the Consumer Rights Act 2015 are, to the fullest extent permitted by law, excluded from the Contract. This clause 14 shall survive termination of the agreement.
9.3 FCS and any of its employees, representatives, sub-contractors or agents of FCS shall not be liable to the Customer in respect of any inaccurate information about purchases of Goods and/or Services made by use of the Cards where such inaccuracy is caused by incorrect information provided by the Customer or a Supplier.
9.4 Neither FCS (nor the Card Company) shall be liable in any way if the Supplier refuses to supply Goods and/or Services for any reason whatsoever.
9.5 The Customer undertakes to indemnify FCS from and against any and all losses, claims, costs, demands or expenses which FCS may incur as a result of a Card being used by a third party other than the Customer to purchase Goods and / or Services through MyService.Expert or by reason of any negligence, fraudulent, dishonest or criminal conduct relating to the use of the Card by the Customer, and/or the Customer’s employees, agents, representatives and/or sub-contractors.
9.6 The terms of this clause 9 shall continue in force notwithstanding the termination of the Contract.
- LEGAL CONSTRUCTION
These Terms and Conditions shall be construed in accordance with English Law and the parties irrevocably agree, for the sole benefit of FCS that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these MyService.Expert Terms and Conditions or their subject matter or formation (including non-contractual claims). Nothing in this clause shall limit the right of FCS to take proceedings against the Customer in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
Your use of your card to buy Goods and / or Services through MyService.Expert indicates your agreement to comply with these MyService.Expert Terms and Conditions and the FCS standard terms and conditions https://www.fuelcardservices.com/fuel-card-services-terms-and-conditions/. It also means that you agree to pay us for any Goods and/ or Services you purchase through MyService.Expert from Suppliers.
- FCS WEBSITE
Fees may be charged if the Customer asks FCS to supply information or undertake tasks that are available or could be undertaken via the MyService.Expert website. The Customer must comply with the website conditions (below), and not allow anyone else to use the Customer’s password and other access permissions. FCS may at any time withdraw permission for the Customer to access the website. The Customer must keep any security or access codes confidential, and tell FCS immediately if anyone else knows or has had access to the codes.
- AGENCY, TRANSFER, CHANGE OF CONTROL AND SUBSIDIARIES
The Customer must not transfer this agreement without FCS’s written permission. If the Customer’s business changes significantly at any time during this agreement, FCS has the right to end this agreement immediately, and all of its responsibilities in it will end.
You can contact us in the following ways:
By email: firstname.lastname@example.org
By phone: 0333 122 5759
(08:45am to 5.00pm, Monday to Friday not
including bank holidays)
By post – Fuel Card Services Ltd, Alexandra House, Lawnswood Business Park, Redvers Close, LS16 6QY
TERMS AND CONDITIONS GOVERNING YOUR USE OF MYSERVICE.EXPERT WEBSITE
1.1 In this contract unless the context otherwise requires: “Agreement” means the card agreementbetween you and us incorporating these terms and conditions
“Information” means the visual, textual orother information published or otherwise madeavailable (directly or indirectly) on the Internetusing the Service;
“Intellectual Property Rights” means all the interests and rights of any nature whatsoever to and in any intellectual property, whether such rights and interests exist at the time of the Agreement or come into existence afterwards, including without limitation: copyright (including copyright in software) database rights, designs, inventions, know-how, confidential information and any application for and registrations of them and the right to apply for any form of protection for any of these things and rights in every part of the world;
“Internet” means the global data networkcomprising interconnected networks using TCP/IP (“Transmission Control Protocol/InternetProtocol”);
“Service” means the electronic trading platformon website https://www.fuelcardservices.com/my-service-expert/ service-point relating to the MyService.Expertsolution and any other optional services;
“Service Documentation” means all documentation supplied (or to be supplied) by us in connection with the provision of the Service either in electronic or written form; “Site” means the MyService.Expert website https://www.fuelcardservices.com/my-service-expert/
“Software” means the program(s) which will be made available by us to you for use by you to gain access to the Service;
“Subscriber” meansa person or organisation licensed by us or Epyx Ltdto use the Service under a contract;“Third Party Systems” means any softwareprogram(s) used in or incorporated into theSoftware or the provision of the Service which isnot owned by us;
“Third Party Supplier” means a person ororganisation with whom Epyx Ltd and Allstar Business Solutions Ltd has, on behalf of us, reachedagreement for the provision of Information through the Service;
“Transaction” means any event where youcreate or transmit an enquiry on the Service toa Subscriber or Third Party Supplier, resulting inthe transmission of Information.
“You”, “Your” means the account holder set out in the agreement. It includes any person whom we believe is acting with your authority or knowledge; “We”, “Us”, “Our” means Fuel Card Services Ltd. Please note that the Service is provided for us by Allstar Business Solutions Limited and Epyx Ltd.
1.2 Subject to Condition 1.1, words andphrases defined in the Agreement shallhave the same meaning where used inthese terms and conditions.
1.3 The Agreement, these terms andconditions and the Service accountapplication form displayed andcompleted online or offline set out theentire agreement between you and usfor the provision of the Service.
1.4 Any gender includes all genders andreferences to the singular shall includereference to the plural and vice versa;
1.5 Reference to either party shall include a reference to that party’s employees, agents and sub-contractors;
PROVISION OF THE SERVICE
2.1 These terms and conditions are incorporated into the Agreement and any use by you of the Service shall be deemed to be confirmation of your acceptance of them.
2.2 We agree to provide you with the Service for the duration of the Agreement.
2.3 The Agreement does not include the provision of telecommunication services necessary for connection to the Service. You are responsible for arranging the appropriate telecommunications service.
2.4 You are responsible for providing suitable hardware or communications equipment necessary to enable access to the Service.
3.1 Subject to the terms of the Agreement, you may use the Software and Service Documentation on a non-exclusive basis, but only to the extent necessary for you to access the Service and only in the United Kingdom.
3.2 You must not transfer, assign or sub-license the right to use the Software or Service or attempt to do so.
3.3 The Licence may not be transferred or assigned without the prior written agreement from us.
3.4 The Service must not be used:
3.4.1 Fraudulently or in connection with a criminal offence;
3.4.2 to send, receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
3.4.3 to cause annoyance, inconvenience or needless anxiety whether to us, any internet or platform service provider, any Subscriber or any other person by any means including using the Site for persistently sending requests for information without a corresponding level of transaction; or 3.4.4 to send unsolicited advertising or promotional material; or
3.4.5 other than in accordance with the acceptable use policies of any connected networks or Third Party Suppliers; or
3.4.6 in a way, whether knowingly or otherwise, which would impair the operation of the Site or Service or put it in jeopardy.
3.5 All Intellectual Property Rights in the Software and Service Documentation supplied by us or the platform service provider for use in connection with provision of the Service remain the property of FCS or our licensors.
3.6 Without written consent and without affecting any applicable statutory rights under the Copyright, Designs and Patents Act 1988 (as amended by the Copyright (Computer Program) Regulation 1992) you must not and must not permit any other person to:
3.6.1 disassemble, reverse engineer, decompile or in any other way interfere with the Software;
3.6.2 modify the Software;
3.6.3 copy, reproduce, download or make the Software available online; or
3.6.4 create any new software partly or wholly based on the Software or otherwise commercially exploit the Software for any purpose.
3.7 You must tell us immediately if any third party makes or threatens to make any claim or issue legal proceedings against you relating to use of the Service and you will, upon request, immediately stop the act or acts complained of. If requested by us, you will send us details of the claim(s) in writing.
3.8 You acknowledge that we are providing a communication service and play no part in, and have no responsibility for, the accuracy or timeliness of Information which you may access and retrieve through your use of the Service. As the Information is ultimately provided by a Third Party Supplier, we give no warranty, representation, condition or undertaking whatsoever whether express or implied and whether by statutory or common law or otherwise as to the accuracy or fitness for purpose of the Information.
3.9 As the originator of the Information is aThird Party Supplier, you will at all timescomply with the Third Party Supplier’sterms and conditions in relation tothe access, provision and use of theInformation.
3.10 You acknowledge that we may vary thetechnical specification of the Servicefrom time to time and offer updates ormodifications to the Software.
3.11 You will use the Software and the Service only for the purpose of your own business and will not market or exploit the Software or Service in any way, or sell the Information to any Subscriber or other third party without our prior written consent.
4.1 We warrant that the Software will not infringe any third party rights when used, as intended, in relation to the Services.
4.2 We will take reasonable steps to ensurethat the Software is free of any viruses,but we recommend that you use yourown virus protection software.
4.3 We will take reasonable steps to ensurethat the Service is continuous and that no interruption in the access to the Siteor the Service, relating to an event withinour control, is longer than 90 minutes.
4.4 We give no guarantee that the Software and/or the Service will never be faulty but agree to use all reasonable endeavours to correct reported faults as soon as we reasonably can. Faults should be reported by telephone, electronic mail or in writing to the MyService.Expert Customer Service Helpdesk.
5.1 You acknowledge that: we may temporarily suspend the service
18.104.22.168 for contravention by you ofConditions 3, 6, 8 and 9 and in suchinstance we will not restore the Serviceuntil we receive an adequate assurancefrom you that there will be no furthercontravention;
22.214.171.124.2 for operational reasons, in whichinstance we will give you as much noticeas is reasonably practicable and shalluse reasonable endeavours to restorethe Service as soon as reasonablypracticable;
126.96.36.199 if you are in material breach of any otherterm of the Agreement.
5.2 Where the provision of the Service is reliant in whole or in part on a Third Party Supplier, we may suspend the provision of the Service to you or terminate the Service if the relevant contract for the provision of service between us and the Third Party Supplier is terminated for any reason, in which circumstances we will provide you with as much notice of such suspension or termination as we are able to.
6.1 You warrant that:
6.1.1 Information (whether stored on orsent over the Site) will not contain anymaterial which is (or the accessing ofwhich) would be obscene, offensive,defamatory or a criminal offence orotherwise unlawful;
6.1.2 all necessary licences and consents(including those from any third partylicensors) have been obtained and thatyou will comply with all legislation,instructions or guidelines issued byregulatory authorities, relevant licensorsand any other codes of practice whichrelate to Information or are applicable orrelevant to your business.
6.2 You agree to indemnify us and keep usindemnified fully and effectively againstall actions, proceedings, claims, demands,damages and costs (including legal costson a full indemnity basis) incurred as aresult of any breach of the warranties setout in this Condition 6.
6.3 You agree to notify us immediatelyof any changes to the informationthat is provided when registering forthe Service and you warrant that allinformation supplied at the time ofregistration of the Service and anychanges notified to those details willbe true, complete and accurate in allrespects.
6.4 You agree that we may distribute any information related to the Service or any associated optional services or associated sales information to you in the form of written or electronic communication, and you further agree to keep your contact details up to date within the Service in order to receive such communications.
7.1 In order to access the Service you will beissued with a set of unique passwords.You are responsible for the security andproper use of all passwords relating tothe Service and must take all necessarysteps to ensure that all passwords arekept confidential, secure, used properlyand not disclosed to other people andwe may periodically require you tochange the passwords and shall notifyyou accordingly.
7.2 If you forget any password, you mustcontact the Customer Service Helpdeskand upon satisfaction of such securitychecks as we may determine, you will begiven a new password to enable use ofthe Service.
7.3 You must inform us immediately ifthere is any reason to believe thatany password has become known tosomeone not authorised to use it or ifany password is being or is likely to beused in an unauthorised way.
7.4 The issue and control of user log ins and passwords relating to use of the Service by your employees or agents for the processing of Transactions is solely your responsibility.
8.1 For the purpose of this condition and inthe context of the Data Protection Act 2018 (the “Act”), you shall be known asthe Controller (as defined by the Act)we shall be known as the Processor (asdefined by the Act) and “Personal Data”shall have the meaning ascribed to it bythe Act.
8.2 You warrant to us that if and to theextent your Information contains orwill contain Personal Data (the “YourPersonal Data”), you are authorised in respect of Your Personal Data andwill maintain such authorisation at alltimes during the continuance of theAgreement.
8.3 You warrant and undertake to us thatyou will comply with all obligations ofthe Act when using Personal Data inconnection with any Services.
8.4 We shall process Your Personal Dataonly to the extent, and in such amanner, as is necessary to facilitatethe functionality incorporated withinor associated with any Service (the“Purpose”), and we shall not processYour Personal Data for any otherpurpose.
8.5 In relation to any of Your Personal Data, the processing of which is governed by the provisions of the Act, we warrant that:
8.5.1 we will ensure that only those employees who need to have access to Your Personal Data for the Purpose are permitted access and that all such employees receive appropriate training in respect of Personal Data;
8.5.2 we will not, by any act or omission, place you in breach of the Act;
8.5.3 we will take appropriate technicaland organisational measures againstunlawful and/or unauthorised processingof Your Personal Data, and against accidental loss or destruction of, ordamage to, Your Personal Data andthat, having regard to the state oftechnological developments and the costof implementing any measures in dataprotection, we will ensure compliancewith our obligations under the Act. These measures willbe appropriate to the harm that mightresult from unlawful or unauthorisedprocessing, accidental loss, destructionor damage to Your Personal Data;
8.5.4 we shall promptly inform you if any ofYour Personal Data is lost or destroyedor becomes damaged, corrupted, orunusable, and we will use all reasonableendeavours to restore Your PersonalData at our own expense;
8.5.5 we will provide you with such cooperation, assistance and information as you may reasonably request to enable you to comply with your obligations under the Act and to co-operate with the local data protection authority as and when required.
8.6 We shall provide you with full cooperation and assistance in relation toany request made by an individual tohave access to that person’s PersonalData.
8.7 You acknowledge that Your PersonalData will be passed to and processedby Allstar Business Solutions Ltd and Epyx Ltd as sub-processors and we will procure that each party complies with this Condition and their obligations under the Act. Anyother non-personal Data (e.g ServiceMaintenance and Repair Data) may beused by us for reporting, analysis andbenchmark purposes.
8.8 Each Party agrees to indemnify and keep indemnified the other fully and effectively against all actions, proceedings, claims demands, damages and costs (including legal costs on a full indemnity basis) which the other may sustain or incur as a result of any breach of the provisions of this Condition in respect of each Party’s respective undertakings as a Controller and Processor of Personal Data.
9.1 We may change these terms and conditions, at any time:
9.1.1 upon giving you 7 days’ notice of such changes before they take effect; or
9.1.2 immediately if required to do so by law.
10.1 We shall not be liable for any delay or failure to perform our obligations if such delay and failure is due to something beyond our reasonable control.
11.1 Privacy when visiting the Site isimportant. We will collect specific dataabout you when you register for theService and when you use the Softwareand transmit Information through theSite. You expressly acknowledge thatwe and any member of the group ofcompanies of which we are a membermay use such Information for publicitypurposes or for the purposes ofencouraging other Subscribers.
11.2 You agree that we may collate data fromthe Site in order to provide analysis andreports for the benefit of customers,other Subscribers and third parties.
You can contact us in the following ways:
By email: email@example.com
By phone: 0333 122 5759
(08:45am to 5.00pm, Monday to Friday not
including bank holidays)
By post – Fuel Card Services Ltd, Alexandra House, Lawnswood Business Park, Redvers Close, LS16 6QY