Welcome to pumpapp.co.uk (the “Website”), mobile application, and online service operated by Pumpapp Ltd. (“Pumpapp,” “we,” or “us”). This page explains the terms by which all visitors, users, customers and others located in the United Kingdom (“Users” or “you”) may use our Mobile Software (as defined below) and Website (collectively, the “Platform”), content, products, and/or purchase our refuelling services and fuel (the “Refuelling Services”) (the Platform and Refuelling Services collectively referred to as our “Services”).
By accessing or using our Services, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Pumpapp’s Privacy Policy, whether or not you are a registered user of our Services. This Agreement applies to all Users.
Pumpapp reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
1. Information about Us and Description of Our Services
Pumpapp Ltd. is incorporated and registered in England and Wales under company number 07436591. Our registered office is at 43 Berkeley Square, London W1J 5AP, United Kingdom.
Pumpapp provides a convenient service for scheduling (through the Mobile Software) and receiving a refuelling of your car or other automobile.
A. Eligibility
This is a contract between you and Pumpapp Ltd. You must read and agree to these terms before using our Services. If you do not agree, you may not browse or otherwise use our Services.
You may use our Services only if you are capable of entering into a legally binding contract with Pumpapp Ltd, and only in compliance with this Agreement and all applicable local, national, and international laws, rules and regulations. Any use or access to our Services by anyone under 16 is strictly prohibited and in violation of this Agreement.
Our Services are not available to any Users previously restricted from using the Services by Pumpapp.
B. Access to the Services
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, revocable licence to use our Services for your personal, non-commercial use only and as permitted by the features of our Services.
Pumpapp reserves all rights not expressly granted herein in our Services and the Pumpapp Content (as defined below).
Subject to the terms of this Agreement, Pumpapp may terminate this licence at any time for any reason or no reason on giving reasonable notice to you through the Service.
C. Setting up an Account
In order to gain access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion you must register with Pumpapp and set up an account with an ID and password (an “Account”). We may maintain different types of Accounts for different types of Users. If you open an Account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you must be authorised to open the Account on behalf of that entity.
You may never use another User’s Account without permission. When creating your Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
You must notify Pumpapp immediately at info@pumpapp.co.uk of any breach of security or unauthorised use of your Account, or if your login details are lost, stolen or otherwise compromised. Pumpapp will not be liable for any losses caused by any unauthorised use of your Account.
You may control your User profile and how you interact with our Service by changing the settings in your Account. By providing Pumpapp your email address and mobile number you consent to our using the email address and mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
You are responsible for ensuring that the information you provide to Pumpapp (including your contact and payment details) is kept up to date.
Pumpapp has the right to disable your Account or your access to the Services if, in its sole opinion, you have failed to comply with any of the provisions of this Agreement.
D. Service Rules
You agree not to engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of our Platform in any medium, including without limitation, by any automated or non-automated “scraping”;
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access our Services in a manner that sends more request messages to the Pumpapp servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Pumpapp grants the operators of public search engines revocable permission to use spiders to copy publically available materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(iii) transmitting spam, chain letters, or other unsolicited email through the Platform;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running our Platform;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through our Platform;
(vii) collecting or harvesting any personal data (as defined in the Data Protection Act 1998), including Account names, from our Platform;
(viii) using our Services for any commercial solicitation purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of our Services;(xi) accessing any content on our Services through any technology or means other than those provided or authorised by our Services; or
(xii) bypassing the measures we may use to prevent or restrict access to our Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of our Services or the content therein.
Accessing any audiovisual content that may be available on our Platform for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of our Platform. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Platform to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may at any time, without prior notice:
(i) change our Services;
(ii) stop providing our Services or features of our Services, to you or to Users generally; or
(iii) create usage limits for our Services.
We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in this Agreement. We may contact you through the Platform (for example by asking you to accept the changes before you continue to use the Services) or via a separate email.
Once we have made any changes to the Services, your continued use of the Services will show that you have accepted any changes to the Services.
We may permanently or temporarily terminate or suspend your access to our Services on giving you reasonable notice through the Platform for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.
Termination of your use of the Services and the cancellation of your Account will not affect any of your obligations to pay any sums due to Pumpapp.
We reserve the right, but have no obligation, to monitor disputes between you and other Users.
2. Refuelling Terms
Pumpapp provides a convenient refuelling service for motorists and others who may need fuel. You can make requests for refuelling by following the process outlined on the Mobile Software (as defined below). You acknowledge that due to the nature of Pumpapp’s business and of the refuelling process, we reserve the right at all times to deny or cancel a refuelling or other service if Pumpapp identifies, in its sole discretion, a safety or other concern of any kind, and you acknowledge and agree that Pumpapp shall have no liability for refusing to perform a refuelling or other service if Pumpapp identifies any such concern.
3. Mobile Software
A. General Mobile Software Terms
We may make available software to access our Services via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. You may use mobile data in connection with the Mobile Software and you may incur additional charges from your wireless provider for these services. Pumpapp hereby grants you a non-exclusive, non-transferable, revocable licence to use a copy of the Mobile Software for one Pumpapp Account on one mobile device for your personal use.
You may not:
(i)disassemble, decompile, reverse engineer, or otherwise reduce to human-perceivable form the Mobile Software (other than as permitted by law);
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
(iii) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Mobile Software in any form or media or by any means;
(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
(v) delete the copyright and other proprietary rights notices on the Mobile Software.
You acknowledge that Pumpapp may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
Any third-party code that may be operated in the Mobile Software is covered by the applicable open source or third-party/end user licence agreement, if any, authorising use of such code. The foregoing licence grant is not a sale of the Mobile Software or any copy thereof, and Pumpapp or our third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
Except as expressly provided for in this Agreement, you may not transfer any of your rights or obligations hereunder. Pumpapp reserves all rights not expressly granted under this Agreement.
The Mobile Software originates in the United Kingdom, and is subject to export laws and regulations applicable in the United Kingdom. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United Kingdom. You agree to comply with all applicable laws of England and foreign laws related to use of the Mobile Software and our Services.
B. Apple App Store Terms
This Clause 3(B) applies where the Mobile Software has been acquired from the Apple App Store. You acknowledge and agree that this Agreement is solely between you and Pumpapp, and not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Mobile Software or the content thereof. Your use of the Mobile Software must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. In the event of any failure of the Mobile Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the Mobile Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Mobile Software to conform to any warranty will be solely governed by this Agreement and any law applicable to Pumpapp as the provider of the Mobile Software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Mobile Software or your possession and/or use of the Mobile Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Software fails to conform to any applicable legal or regulatory requirements; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Pumpapp as the provider of the software.
You acknowledge that, in the event of any third-party claim that the Mobile Software or your possession and use of the Mobile Software infringes that third party’s intellectual property rights, Pumpapp, and not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and Pumpapp acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as it relates to your licence of the Mobile Software and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as relates to your licence of the Mobile Software against you as a third-party beneficiary thereof.
C. Google Play Store Provisions
This Clause 3(C) applies where the Mobile Software has been acquired from the Google Play Store:
(i) you acknowledge that this Agreement is between you and Pumpapp, and not with Google, Inc. (“Google”);
(ii) your use of the Mobile Software must comply with Google’s then-current Google Play Store Terms of Service;
(iii) Google is only a provider of the Google Play Store where you obtained the Mobile Software;
(iv) Pumpapp, and not Google, is solely responsible for the Mobile Software;
(v) Google has no obligation or liability to you with respect to the Mobile Software or this Agreement; and
(vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to the Mobile Software.
4. Our Proprietary Rights
Our Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content (the “Pumpapp Content”), and all intellectual property rights related thereto, are the exclusive property of Pumpapp Ltd. and its licensors.
We give you permission to use the Pumpapp Content for the sole purpose of using the Services in accordance with this Agreement. Except as explicitly provided herein, you have no other rights in or to any Pumpapp Content. Use of the Pumpapp Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about our Services, including without limitation about how to improve our Services (“Ideas”). By submitting any Idea, you agree that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
5. Paid Services
A. Billing Policies
Certain aspects of our Services may be provided for a fee or other charge, as identified on the Website and on the Mobile Software. If you elect to use paid aspects of our Services, you agree to the pricing and payment terms set out in this Agreement and on the Mobile Software, as we may update them from time to time.
Pumpapp may: add new services for additional fees and charges; add or amend fees and charges for existing services; and/or add, amend, or terminate any promotions or benefit programs; each at any time in Pumpapp’s sole discretion, on giving reasonable notice to you through the Service. Any change to our pricing or payment terms shall become effective upon your next order for Refuelling Services following notice of such change to you as provided in this Agreement.
You acknowledge that by making a request for Refuelling Services (and “order”), you will be under an obligation pay for the order. All orders are subject to acceptance by us. Pumpapp will notify you through the Platform to confirm our acceptance, which shall take place prior to the one-hour time slot scheduled for the refuelling. If you pay for the Refuelling Services on a pay as you go basis, the contract for purchase in relation to each order between you and Pumpapp will only be made when Pumpapp sends you this confirmation of acceptance, and Pumpapp will charge your chosen payment method after Pumpapp completes the order. If you pay for the Refuelling Services on a subscription model, the contract for purchase between you and Pumpapp will be made on confirmation of your subscription by Pumpapp, and Pumpapp will charge you on the payment terms described in the separate contract entered into between you and Pumpapp. Pumpapp will send you a further confirmation on completion of each requested Refuelling Service.
B. Prices for Paid Aspects of Our Services
Pumpapp reserves the right to change the prices it charges for fuel and other aspects of our Services, in Pumpapp’s sole discretion, on giving you reasonable notice. The price for a particular transaction is set on the day on which the Refuelling Service is to be performed.
For customers using the Refuelling Service on a pay as you go basis, the applicable pricing for fuel will be made available on the Platform on the day of performance of the Refuelling Service, and the price for each transaction will be confirmed in the notice given by Pumpapp to you after the Refuelling Service has been completed.
C. Cancellation Rights
You have a legal right to cancel your contract with Pumpapp:
(i) if you pay for the Services on a pay as you go basis, you may cancel your order at any time prior to Pumpapp’s completion of the order, however Pumpapp reserves the right to charge you the delivery fee in the event you cancel the order within one hour prior to the scheduled one-hour time slot; or
(ii) if you pay for the Services on a subscription basis, within 14 days from the date on which the subscription is accepted by Pumpapp or such other date as set forth in the separate contract entered into between you and Pumpapp,
each the “Cancellation Period”. If you wish to cancel your contract during the Cancellation Period, please notify Pumpapp that you are exercising your legal right to cancel to moc.leuf-arbez@ofni.
You acknowledge and agree that by making a request for Refuelling Services to be provided before the end of the Cancellation Period, you agree that Pumpapp may perform the Refuelling Service before the end of the Cancellation Period and you will cease to have the right to cancel a request for Refuelling Services if it has been fully performed before the end of the Cancellation Period.
If you make a request for Refuelling Services to be performed during the Cancellation Period, and the request for Refuelling Services is partially performed prior to you exercising your legal right to cancel, you will be liable to pay to Pumpapp an amount for the partial performance of the Refuelling Service, ending on the time at which Pumpapp is informed of your decision to cancel the contract, which amount shall be in proportion to the Refuelling Services that have been performed.
You may cancel your Account at any time; if you pay for the Services on a subscription basis, you will receive a refund of any unused prepaid amounts on your Account at the date of termination. In the event that Pumpapp suspends or terminates your Account or this Agreement, and you pay for the Services on a subscription basis, you will receive a refund of any unused prepaid amounts on your Account at the date of termination.
D. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary interaction with our Services must be accurate, complete, and current, and nothing in this Agreement excludes or limits your liability for fraud or fraudulent misrepresentation. You agree to pay all charges incurred by use of your credit card, debit card, or other payment method in connection with a purchase or transaction or other monetary transaction interaction with our Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
6. Text Messaging
You may sign up to receive certain Pumpapp notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
7. Privacy & Security
We care about the privacy of our Users and the security of their information. Please read our Privacy Policy to understand how we collect, use and share information about you.
8. Third-Party Links and Information
Our Platform may contain links to third-party sites and materials that are not owned or controlled by Pumpapp. Pumpapp does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from our Platform or share content on or through any third-party website or service, you do so at your own risk, add you understand that this Agreement and Pumpapp’s Privacy Policy do not apply to your use of such third-party sites. You expressly relieve Pumpapp from any and all liability arising from your use of any third-party website, service, or content, including without limitation content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on our Platform, if any, are solely between you and such advertisers. You agree that Pumpapp shall not be responsible for any loss or damage or liability of any kind arising from or relating to your dealings with such advertisers.
9. Your Liability to Pumpapp
You agree to reimburse Pumpapp from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (ii) your violation of any third-party right, including without limitation any right of privacy or other intellectual property rights; (iii) your violation of any applicable law, rule or regulation; (iv) your content or any content that is submitted via your Account including without limitation misleading, false, or inaccurate information; or (v) your willful misconduct.
10. Our Liability to You – Platform
Unfortunately, due to the nature of the Internet and technology, our Platform is provided on an “as is” and “as available” basis. This means that we are unable to promise that your use of the Platform will be uninterrupted, without delays, error-free, or will meet your expectations, and we do not give any commitment relating to the performance or availability of the Platform in this Agreement. To the maximum extent permitted by applicable law, we exclude any commitments that may be implied by law.
To the extent permitted by law, we do not accept any responsibility whatsoever for any claims arising out of the provision of the Platform.
In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
No advice or information, whether oral or written, obtained by you from Pumpapp through our Services will create any warranty not expressly stated herein.
Pumpapp does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Platform or any hyperlinked website or service, and Pumpapp will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. The applicable laws of several jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from the foregoing. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.
In the event of a claim arising out of your use of the Platform, Pumpapp’s responsibility to you will never be more than the amount you have paid to Pumpapp in the 6 months prior to the claim arising and, in the event that you have not paid any money to Pumpapp in that period, Pumpapp will have no liability whatsoever to you.
11. Our Liability to You – Refuelling Services
Pumpapp is under a legal duty to supply fuel that is in conformity with this Agreement.
If Pumpapp fails to provide fuel in accordance with this Agreement and any additional agreements that you enter into with Pumpapp for the performance of Refuelling Services, Pumpapp will be responsible for loss or damage which you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but Pumpapp will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of Pumpapp’s breach or if the loss or damage was contemplated by you and Pumpapp at the time you and Pumpapp entered into the Agreement.
The maximum loss or damage Pumpapp will be responsible for under this Clause 12 is limited to the price you paid Pumpapp for the transaction to which the loss or damage you suffer relates; however, Pumpapp does not in any way exclude or limit its liability where it would be unlawful for Pumpapp to do so, including for:
(i) death or personal injury caused by Pumpapp’s negligence;
(ii) fraud or fraudulent misrepresentation; or
(iii) any breach of terms implied by law (such as those relating to title and quiet possession, description, satisfactory quality, fitness for purpose and defective products) except to the extent such terms can be excluded or limed under applicable law.
12. Limitation of Liability
Our Services are controlled and operated from facilities in the United Kingdom. Pumpapp makes no representations that our Services are appropriate or available for use in other locations.
Those who access or use our Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable English and local laws and regulations, including but not limited to export and import regulations.
You may not use our Services if you are a resident of a country embargoed by the United Kingdom, or are a foreign person or entity blocked or denied by the U.K. government. Unless otherwise explicitly stated, all materials found on our Services are solely directed to individuals, companies, or other entities located in the United Kingdom.
13. Governing Law, and Resolving Disputes
A. Governing Law and Jurisdiction
You agree that the Services shall be deemed solely based in the United Kingdom. This Agreement is governed by English law and the courts of England will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Services.
B. Resolving Disputes
If you have a dispute with Pumpapp relating to the Services, in the first instance please contact Pumpapp at moc.leuf-arbez@ofni.
In the unlikely event that Pumpapp is not able to resolve a dispute informally, Pumpapp will discuss and agree with you the most effective way of resolving the dispute.
14. General
A. Assignment
This Agreement, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Pumpapp without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement
Pumpapp may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, text messaging, written or hard copy notice, or through posting of such notice on our Platform, as determined by Pumpapp in our sole discretion.
Pumpapp reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Pumpapp is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Pumpapp may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Where possible and reasonable, we will try to give you some warning before the new Agreement becomes effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice. Your continued use of our Services after any such change constitutes your acceptance of the new Terms of Use.
If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) our Services.
C. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Pumpapp in connection with our Services, shall constitute the entire agreement between you and Pumpapp concerning our Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. Notification Procedures and Changes to the Agreement
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Pumpapp’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Notification Procedures and Changes to the Agreement
Please contact us at info@pumpapp.co.uk with any questions, feedback or complaints you may have regarding this Agreement or any other document mentioned in this Agreement. This Agreement was last modified on 06 July 2017