Fuelled Energy Marketing Inc. Website Terms of Use

Last Updated: February 2018

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE FUELLED ENERGY MARKETING INC. WEBSITE. THESE TERMS OF USE ARE A BINDING AGREEMENT THAT GOVERNS USE OF THE FUELLED ENERGY MARKETING INC. WEBSITE, EXEMPTS FUELLED ENERGY MARKETING INC. AND OTHER PERSONS FROM LIABILITY, SPECIFIES THE JURISDICTION FOR THE RESOLUTION OF DISPUTES AND CONTAINS OTHER IMPORTANT PROVISIONS.

BY USING THE FUELLED ENERGY MARKETING INC. WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE FUELLED ENERGY MARKETING INC. WEBSITE.

1. Your Acceptance of these Terms of Use

These Terms of Use are a binding agreement between you and Fuelled Energy Marketing Inc. (“Fuelled”) regarding your access to and use of the Fuelled website (the “Website”). Each time you use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Website. If you purchase equipment based on listings viewed on our Website or list equipment for sale on the Website separate terms and conditions will apply.

In this Agreement, a reference to the Website includes all of the Website’s content (including all text, graphics, images, video, and other elements available on or through the Website) and the design, structure, selection, arrangement and look and feel of each element of Website content and the Website as a whole.

2. Other Agreements

These Terms of Use related to the Website only. PRODUCTS AND SERVICES ADVERTISED ON OR AVAILABLE THROUGH THE WEBSITE ARE GOVERNED BY OTHER APPLICABLE AGREEMENTS PRESCRIBED BY FUELLED.

3. Changes to these Terms of Use

Fuelled in its discretion may change these Terms of Use at any time and from time to time, without any prior notice, by posting the changed Terms of Use on the Website at www.fuelled.com/legal.  The changed Terms of Use are effective immediately on posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Website after these Terms of Use have been changed by Fuelled, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use in any manner.

4. Permitted Users

The Website may be used only by individuals (natural persons), are the age of majority (which in most jurisdictions is either 18 or 19 years) in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. You may not use the Website if you do not accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Website has been suspended or terminated by Fuelled.

5. Personal Information Privacy

By using the Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Fuelled as explained in the Fuelled Privacy Policy (online: www.fuelled.com/privacy) as revised from time to time, and as otherwise permitted by applicable law.

6. Permitted and Prohibited Use of the Website

Subject to these Terms of Use and all applicable laws, you may use the Website for your lawful, personal use for non-commercial purposes only, only in the manner purposefully made available by the Website and subject to these Terms of Use and all applicable laws. Use of the Website for any other purpose or in any other manner is strictly prohibited.

You will not: (i) use the Website in any manner or for any purpose except as expressly permitted by these Terms of Use; (ii) use the Website for a commercial or business purpose (whether or not for profit) or on behalf of, or for the benefit of, any other person; (iii) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not purposely made available for that purpose by Fuelled; (iv) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data; (v) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (vi)  index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (vii) alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website; or (viii) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Website in a way that would constitute an infringement of the rights of Fuelled or a breach of these Terms of Use if it were done by you. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.

7. Ownership of Website

Copyright © 2018. Fuelled Energy Marketing Inc. All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by Fuelled and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.

8. Trademarks

FUELLED^TM, FUELLED & Design^TM, the Fuelled logo and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by Fuelled. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.

9. Linked Sites

For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from Fuelled, and Fuelled does not endorse, and have responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against Fuelled arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.

10. Disclaimers

General Disclaimers:  To the fullest extent permitted by applicable law, the Website is made available and provided to you on an “as is”, “as available” and “with all faults” basis and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to accuracy, capacity, completeness, delays, durability, errors, fitness for a particular purpose, lack of negligence, viruses or other harmful component, interrupted service, merchantability, non-infringement, performance, results, quality, timeliness, title or workmanlike effort, all of which are hereby waived by you and disclaimed by Fuelled to the fullest extent permitted by applicable law; and no representations, warranties, conditions or guarantees will be created by any advice or information, whether oral or written, provided by or on behalf of Fuelled. If you are dissatisfied with the Website, your sole remedy is to discontinue use of the Website.

Items for Sale: FUELLED IS NOT RESPONSIBLE FOR THE CONDITION OF ITEMS LISTED FOR SALE ON THE WEBSITE. ALL ITEMS ARE LISTED AND OWNED BY THIRD PARTY SELLERS AND FUELLED DOESN’T GUARANTEE THEIR AVAILABILITY, CONDITION, FITNESS FOR PURPOSE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY WTH RESPECT TO THE QUALITY AND AVAILABILITY OF THE PRODUCTS.

Linked Sites:  Without limiting the generality of any other disclaimer, you are solely responsible for the selection of Linked Sites to achieve your intended results, and you access, deal with, purchase and use Linked Sites at your own risk. Fuelled does not make or give any representation, warranty, condition or guarantee of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, regarding any Linked Site. Fuelled does not control, and is not responsible or liable for, any Linked Site.

Reservation:  The laws in some jurisdictions prohibit or limit the disclaimer of certain warranties and conditions or the exclusion or limitation of certain liabilities, and so the disclaimers and liability exclusions and limitations in these terms and conditions might not apply to you.

Definition:  In these Terms of Use, “Fuelled” means Fuelled Energy Marketing Inc.. and its licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors, and representatives, jointly and severally.

11. Liability Exclusions

To the fullest extent permitted by applicable law, in no event and under no circumstances will Fuelled be liable to you or any other person for any loss, damage or liability (including direct, indirect, special, incidental, consequential and punitive damages) arising from, connected with or relating to your use of, or inability to use, the items sold on the website, the Website or any related matter, under any theory (including contract, tort, strict liability, statutory liability or any other theory of law), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by or on behalf of Fuelled , even if other remedies are not available or do not adequately compensate you or any other person for the loss, damage and liability and even if Fuelled knew or should have known of the possibility of the potential loss, damage or liability being incurred.

12. Restrictions/Changes/Termination

The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). Fuelled in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of Fuelled, all without notice or liability to you or any other person.

If your permission to use the Website is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).

13. Governing Law

Fuelled has its head offices in Calgary, Alberta. These Terms of Use and the Website and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the Province of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction.

14. Disputes

Except as expressly set out below, and unless applicable law requires otherwise, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use or the Website or any related matter (a “Dispute”) will be referred to the Courts of Alberta, judicial district of Calgary.

Notwithstanding the foregoing, Fuelled may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use or to protect Fuelled’ rights and interests.

You will commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred, unless such limitation is prohibited by law.

15. General Matters

Miscellaneous:  These Terms of Use are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms of Use are for the benefit of Fuelled. No consent or waiver by Fuelled to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Fuelled or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of Fuelled under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Fuelled may be lawfully entitled under these Terms of Use or at law, and Fuelled may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use without the express prior written consent of Fuelled, which consent may be withheld in Fuelled’ discretion. Fuelled may, without your consent, assign its rights and obligations under these Terms of Use. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms of Use would fail in their essential purpose.

Interpretation:  In these Terms of Use:(i) a reference to “Terms of Use” refers to these General Terms of Use as a whole, and not just to the particular provision in which those words appear; (ii) headings are for reference only; (iii) words importing the singular number only include the plural, and vice versa; (iv) “person” includes an individual, corporation and any other legal entity; (v) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (vi)  “law” includes common law, equity, statutes and regulations; and (vii)“discretion” mean a person’s sole, absolute and unfettered discretion.

Complete Agreement:  These Terms of Use set out the entire agreement between you and Fuelled regarding your use of the Website. These Terms of Use may not be modified except as set out in section 3 There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Fuelled regarding the Website. For greater certainty, listing items for sale and  items advertised on or available through the Website are governed by other applicable agreements.

Language:  You and Fuelled have each expressly requested and required that these Terms of Use and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Terms of Use provided by Fuelled is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms of Use will take priority and govern.

If you have any questions or comments regarding these Terms of Use, please contact Fuelled’ customer care at privacy.officer@fuelled.com

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE WEBSITE.

PRIVACY POLICY OVERVIEW

This Privacy Policy establishes rules to govern the collection, use and disclosure of personal information collected by Fuelled Energy Marketing Inc. (the “Company”) in the course of business, in compliance with federal and provincial privacy laws including the Canada Personal Information Protection and Electronic Documents Act (PIPEDA) and Alberta’s Personal Information Protection Act.   

This Privacy Policy applies to all individuals whose personal information the Company collects, uses or discloses in the course of doing business. This includes individuals who are clients and all individuals who are contract workers, contractors, and consultants to the Company. It is our policy to only disclose your personal information as required or authorized by law or as otherwise set out in this policy.

We reserve the right to change this policy from time to time as industry practice, the law, and our procedures in this area may change from time to time.  We will post the current version of this policy at: http://www.fuelled.com/privacy

WHAT IS PERSONAL INFORMATION

For the purposes of this Privacy Policy, “personal information” means information about an identifiable individual, but does not include a person’s name, title, business address or telephone number, as an employee of an organization.  Where this Privacy Policy states that a list of items is “including”, the lists so described are meant to be examples and not exhaustive or exclusive.

This Privacy Policy applies to all personal information that is collected, used or disclosed by the Company. The Company has designated a Privacy Officer to be accountable for the operation of this Privacy Policy. Individuals may question or report any privacy concerns, breaches, violations or compliance issues to the Company's Privacy Officer at the address indicated below.

If the policies and procedures outlined in this document do not address a specific situation, individuals are advised to contact the Company's Privacy Officer for guidance or clarification. 

WHAT PERSONAL INFORMATION DO WE COLLECT?

The Company collects and uses only the personal information that we need for providing services and operating our business. Generally, the Company collects the following personal information from individuals for the various purposes set out below:

·       name,
·       email address (home and/or work)
·       phone number
·       work address
·       employer
·       title
·       LinkedIn profile name

The Company collects, uses and discloses personal information for the following purposes:

• to manage the Company's business and operations, including customer relationships and matters, and
• to meet legal and regulatory requirements;
• Inform individuals about the Company's products and services that we believe may be of interest to them.
• Better understand an individual’s interests in our products and services.
• Deliver, develop, enhance or improve products and services.
• Evaluate suitability of candidates for certain products and services
• Provide information on future opportunities;
• Verify access rights to our website
• Contact clients about appointments and meetings
• Conduct market research
• To enforce our legal relationship with you
• As is necessary in contemplation of a business transaction

We normally collect information directly from you. We may collect your information from other persons with your consent or as authorized by law.  Before or at the time of collecting personal information, we identify the purposes for which we are collecting the information. We do not provide this notification when personal information is volunteered for an obvious purpose. If we wish to use or disclose your information for a new purpose not included in this policy, we will notify you and seek your consent.

In addition, we also receive and send data from our servers and from your browser when you visit our website, including your IP address, the time and information about the page you requested and the website through which you were linked to our site, if any. We may use tracking technologies in a variety of ways, including the following: keeping count of return visits to our site; accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on website usage; and determining which features users like best.

Finally, your Internet browser has a feature called "cookies," which stores small amounts of data on your computer about your visit to our site. Cookies tell us nothing about who you are, however, unless you specifically give us personal information. You do not need to have cookies turned on to visit fuelled.com. You may also elect not to allow cookies to be collected by selecting certain options on your browser.

CONSENT

Ordinarily we ask for consent to collect, use or disclose personal information, except in specific circumstances where collection, use or disclosure without consent is authorized or required by law. We may assume your consent in cases where you volunteer information for an obvious purpose. 

You may withdraw consent to the use and disclosure of personal information at any time, unless the personal information is necessary for us to fulfil our reasonable business or legal obligations. We will respect your decision, but we may not be able to provide you with certain products and services if we do not have the necessary personal information.

COLLECTION OF PERSONAL INFORMATION?

The purpose for collecting personal information is set out in this policy. Any necessary consents shall be obtained before personal information is collected, used or disclosed. 

We ask for your express consent for some purposes and may not be able to provide certain services if you are unwilling to provide consent to the collection, use or disclosure of certain personal information. Where express consent is needed, we will normally ask clients to provide their consent orally (in person, by telephone), in writing (by signing a consent form), or electronically (by clicking a button).

In cases that do not involve sensitive personal information, we may rely on “opt-out” consent.

The amount and type of personal information collected by the Company shall be limited to what is necessary to fulfill the identified purpose. Personal information shall only be used or disclosed for the purposes for which it is collected. Exceptions may be made with the consent of the individual or if authorized or required by law.

Personal information collected by the Company or on behalf of the Company will be sent to the Company’s head office in Calgary, Alberta and will be subject to the laws of Canada.

OBTAINING ACCCESS TO PERSONAL INFORMATION

Upon request received by the Company in writing, individuals shall be informed of the existence, use, and disclosure of their personal information records and shall be given access to that information. Requests to access personal information held by the Company should be directed to the Company's Privacy Officer. 

Requests must be made in writing or by e-mail. Individuals may be required to verify their identity in order to access their personal information. Any such documentation provided shall be used for verification purposes only

The Company responds to requests for access to personal information within thirty (30) days of receipt of the request, or as may be permitted in accordance with applicable privacy legislation.

A fee for reasonable costs incurred may be charged when responding to more complex requests. The individual will be informed of the applicable fee.

Requested information will be provided in a form that is generally understandable.

The Company will be as specific as possible when describing third parties to whom it has disclosed personal information about an individual. When it is not possible to provide a list of the organizations to which it has actually disclosed information, the Company will provide a list of organizations to which it is likely to have disclosed information.

Individuals are permitted either to view the original record, or to request a copy, subject to limitations as permitted or required by law. To preserve the integrity of the record and ensure that documents are not removed from the Company, individuals wishing to view an original record will do so at the Company's head office and under the supervision of designated the Company personnel.

LIMITATION TO ACCESS 

The Company will only refuse access to information about you in those circumstances permitted or required by applicable privacy legislation.

In the event that the Company refuses to provide access to information, it will provide you with the reasons for its refusal upon request. Exceptions may include information that contains references to or opinions of other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, or information that is subject to solicitor-client or litigation privilege. The Company will respond to your requests for access in accordance with applicable privacy legislation. 

MAINTENANCE OF PERSONAL INFORMATION

Personal information shall be kept as accurate, complete, and up-to-date as necessary for the purposes for which it is to be used.

Individuals have the right to challenge the accuracy and completeness of the personal information that is maintained by the Company and have it amended as appropriate.

Individuals seeking a correction or amendment to their personal information should direct their requests in writing to the Company's Privacy Officer. 

All formal requests to amend personal information must be accompanied by appropriate supporting documentation. The Company’s Privacy Officer will manage any exceptions. The amended information will be transmitted to third parties, as appropriate.

If the individual is not satisfied with the results of the request, the Company shall internally document the issue, and provide a response. The existence of the unresolved challenge will be transmitted to third parties, as appropriate.

SECURITY OF PERSONAL INFORMATION 

Personal information will be retained only as long as necessary and will be disposed of in a manner that is appropriate to the sensitivity of the information. We render client personal information non-identifying, or destroy records containing personal information once the information is no longer needed. We use appropriate security measures when destroying client personal information, including shredding paper records and permanently deleting electronic records.

Personal information will be protected by security safeguards, appropriate to the sensitivity of the personal information.

We will notify the Office of the Information and Privacy Commissioner of Alberta, without delay, of a security breach affecting personal information if it creates a real risk of significant harm to individuals.

CHALLENGING COMPLIANCE 

Inquiries or complaints concerning compliance with this Privacy Policy should be addressed, in writing, to the Company's Privacy Officer.

If you are not satisfied with the response from our Privacy Officer after making a complaint, you may have recourse to additional remedies under applicable privacy legislation. For further information, please contact the Federal Privacy Commissioner or your provincial Privacy Commissioner, as applicable.

QUESTIONS AND COMPLAINTS

If you have a question or concern about any collection, use or disclosure of personal information by the Company, or would like to request access to your own personal information, please contact:

Privacy Officer: privacy.officer@fuelled.com