Terms & Conditions
Applegreen Fuel Card commercial Terms and Conditions of Use
1. DEFINITIONS
In these terms and conditions:
Account Holder means the person in whose name the Fuel Card(s) accounts are held and who is solely responsible and liable for the use and operation of the Card and payment for the Products received from the Company.
Applegreen Plus Fuel Cards means Fuel Cards accepted at Applegreen, Welcome Break, Morrison’s, Tesco and Sainsburys outlets.
Applicant means any prospective Customer applying to the Company to be a Fuel Card Account Holder and for the issue of Fuel Card.
Application Process means the process by which an Applicant applies to the Company and completes and submits various documentation to the Company enabling them to be considered to becoming a Fuel Card Account Holder. The Company reserves its right to amend this process from to time.
Authorised User(s) means the individual that the Account Holder has authorised to use the Fuel Card(s).
Card means Fuel Card.
Card Limit means the Product limit that the Company places on each Card on a rolling week basis.
Closure Request Date is the date as notified by the Account Holder to the Company that it requests the account to be closed on. It shall not be less than seven (7) days from the receipt of the request from the Account Holder to the Company to close the account. This date shall run up to 23:59 hours on the date in question.
Confidential Information means, information (in whatever form communicated or recorded) belonging or relating to a party, its business affairs or activities which is not in the public domain and which that party has marked as confidential or proprietary, or which has been described as confidential by that party to the other (orally or in writing), or which, due to its character or nature, a reasonable person in a like position to its recipient and under like circumstances would treat as confidential.
Commencement Date means the date that the Account Holder and/or Authorised User(s) first uses the card at which point and on which date the Contract shall come into existence.
Company means the Petrogas Group UK Limited trading as Applegreen, a company registered in the UK under company number 05952225 with registered office at Office 3 The Limes, Dunstable Street, Ampthill, MK45 2JG
Company Site means Outlet.
Contract is the agreement between the Company and the Account Holder and comprises of these Terms and Conditions, the Application Form and other Forms and documentation as may be specified.
Credit Limit means the maximum amount which the Company may from time to time specify to an Account Holder as being the limit of purchases on credit that may be made on the account with the issued Fuel Card(s).
Force Majeure means an event, or a series of related events, that is outside the reasonable control of the Party affected (including power failures, industrial disputes, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
GDPR means the General Data Protection Regulation which is effective from 25th May 2018.
Group means the Company and each subsidiary of the Company from time to time and references to “Group Company” shall be construed accordingly.
Interest means the amount of interest applied by the Company in addition to the Bank of England interest Rate and applies to late payments.
Fuel Card(s) means the card(s) known as ‘Applegreen Fuelcard, Applegreen Plus Fuel Card or Fuel Card’ and any other card as issued by the Company to the Account Holder that is used by the Account Holder and/or Authorised Users(s) to purchase the fuels in accordance with the contract between the parties.
Network means the Company’s Network of fuel Outlets through which the Company provides its products.
Notice may be given in writing by hand, by ordinary pre-paid post or by e-mail. Any such notice, if so given, shall be deemed to have been served: if sent by hand, when delivered; if sent by post, 1 business day after posting; and if sent by e-mail upon production by the sender’s email system of a delivery receipt (or equivalent) confirming delivery of the communication to the provided e-mail address.
Outlet means any Company service station or site either in the Republic of Ireland or Northern Ireland and Great Britain.
Paperless Direct enables the Company to sign customers up to pay via Direct Debit without needing to use paper forms.
Personal data means data involving a living individual who is or can be identified by that data or as set out in the Data Protection Acts 1988 and 2003 and in the GDPR with effect from 25th May 2018 when and relates only to personal data, or any part of such personal data.
PIN Code means personal identity number of the Account Holder and/or Authorised User(s) as the case may be.
Product(s) means petrol, diesel, fuel oil, lubricating products, car wash products, Ad Blue and such other products as may be specified by the Company from time to time, as made available in some or all of the Outlets.
Retuned Direct Debt Payment means a payment by the Account Holder to the Company that is rejected or refused by the respective banks for whatever reason.
Request for Personal data means where the Account Holder formally requests access to their data as processed by the Company. In the event that this occurs, the Company may charge a reasonable fee in the event that the request is either manifestly unfounded or excessive.
Term is an annual term which automatically rolls over and continues in force on the anniversary of the commencement date.
Terms and Conditions means these terms and conditions that are the basis for the agreement between the Company and the Account Holder.
Reference to “person” in these terms and conditions shall include sole traders, partnerships, firms, companies, organisations or any such other business entities.
2. APPLICATION OF TERMS AND CONDITIONS
2.1
The Fuel Card(s) can only be used in accordance with the Terms and Conditions as set out herein.
2.2
The granting of a Fuel Card(s) is strictly subject to the Account Holder complying with (and ensuring that the Authorised User(s) comply with) these terms and conditions.
2.3
Use of a Fuel Card as issued by the Company constitutes acceptance of the current terms and conditions of use. The current terms and conditions of use can be obtained via the web site (www.applegreenfuelcarduk.com) or by contacting the Company and requesting a copy.
2.4
The Company may vary or add to these terms and conditions at any time provided that notice is given to the Account Holder of such variations. Any use of Fuel Card(s) by the Account Holder or Authorised User(s) after such notice has been served on the Account Holder shall be construed as acceptance by the Account Holder of such variation or addition.
2.5
If the Account Holder is also a Bulk Fuel Supply Customer of the Company then these terms and conditions must be read in conjunction with the On Site Bulk Fuel Supply Agreement.
3. CARD USAGE
3.1
All risk of loss will pass to and be borne by the Account Holder from the date of despatch of the Fuel Card(s) from the Company to the Account Holder(s).
3.2
The Account Holder shall ensure that all Authorised User(s) using a Fuel Card(s) shall not tamper with or try to alter or interfere with the Fuel Card(s) and will follow full and proper procedures when using the card.
3.3
The Fuel Card(s) remains the property of the Company at all times and if required to do so must be handed back by the Account Holder to the Company and may only be used up to the expiry date.
3.4
The Company reserves all rights to grant or refuse the issue of Fuel Card(s) at is sole discretion and to stop and/or cancel Fuel Card(s) at any time without notice and/or to refuse to issue replacement Fuel Card(s).
3.5
The Company reserves the right to refuse any single Fuel Card(s) transactions from time to time for any reason connected with security (and without incurring liability).
3.6
Access and use of Fuel Card(s) is restricted to the Account Holder or any Authorised User(s) for the purposes of obtaining Products at the Outlets.
3.7
Fuel Card(s) shall remain valid until;
3.7.1
the Credit Limit is reached and/or exceeded;
3.7.2
a termination event occurs as provided for in Clause 15;
3.7.3
the closure of the Fuel Card(s) account by the Account Holder in accordance with Clause 16;
3.7.4
A card is cancelled as per Clause 14; or
3.7.5
whichever occurs earliest.
3.8
The Account Holder shall ensure that no Fuel Card(s) remain in the possession of any person who has ceased to be an Authorised User (for whatever reason).
3.9
The Account Holder is responsible for the safe keeping of Fuel Card(s) and the prevention of unauthorised use, and shall ensure that the Authorised User(s):
3.9.1
sign their name onto the panel on the reverse of the Fuel Card(s);
3.9.2
present Fuel Card(s) at the Outlet prior to any purchase of the Products;
3.9.3
provide such proof of identification as may be requested by the operator of any Outlet; and
3.9.4
enter PIN Code as to each purchase and check that such details are correct.
3.10
Fuel Card(s) do not automatically entitle the Account Holder to participate in any of the Company’s special offers that may be available from time to time.
3.11
The Account Holder shall ensure that any Authorised User(s) using Fuel Card(s) shall not in any way tamper, alter or interfere with either the Fuel Card or any of the fuel delivery equipment at any Outlet. In the event there appears to be a defect or fault in either the Fuel Card or fuel delivery equipment, the Account Holder or Authorised User(s) shall immediately report the same to the operator of the Outlet.
3.12
Products purchased on any Fuel Card(s) shall not be used by Account Holder for any purpose other than for fuel or lubricant (as appropriate) in the Account Holders own or contracted vehicles and shall not be resold or otherwise disposed of to any other persons.
4. CARD CHARGES
4.1
The Company may charge an annual fee for the issue of fuel cards, for replacement cards, additional cards and the renewal of cards. Card charges are payable in advance at the prevailing rates. Details of current rates are available on request.
4.2
The scope and rate of any Fuel Card(s) charges for which the Account Holder shall be liable may be amended from time to time at the sole discretion of the Company provided that any such amendments are notified to Account Holder. Use of Fuel Card(s) following notification shall constitute acceptance of the new charge/rate.
5. APPLICATION FOR CARDS
5.1
All applications for the issue of Cards shall be at the absolute discretion of the Company.
5.2
The Company reserves its rights to update and amend its application process with respect to new Applicants.
5.3
The use of Paperless Direct Debit in an Application Process shall be a valid and enforceable authentication of the consent of the signee.
5.4
The Applicant and/or Account Holder hereby give permission to the Company to carry out any and all enquiries with respect to opening an account and the Account Holder shall immediately notify the Company in writing of any change in its application details (including, but not limited to, its address, email address, phone number and/or account details).
6. SECURITY
6.1
The Company reserves the right to call for security (whether in the form of a banker’s guarantee, personal guarantee, deposit, payment on account or otherwise) in respect of Fuel Card(s) transactions and any other sums due from Account Holder to the Company. The provision of security shall not affect the Account Holder’s payment liabilities under these terms and conditions.
6.2
In the event that security is not provided in accordance with Clause 6.1 (or otherwise expires and/or cease to be valid) and without prejudice to any rights or remedies the Company may have, the Company reserves its rights to immediately terminate any and all Fuel Card(s).
7. PRICE
7.1
At Applegreen owned outlets; UK Account Holder’s (Excluding Northern Ireland) will either be charged:
7.1.1
A fixed weekly rate for diesel and/or unleaded. The price is fixed from Monday at 00:00 am to Sunday 11:59:59 pm.
7.1.2
At the displayed price at the outlet plus a surcharge. Details of current rates are available on request.
7.2
The price for all products at partner outlets including but not exclusive to Welcome Break, Tesco, Morrison’s, Sainsburys, BP & Shell are subject to a variable handling fee. Details of current rates are available on request.
7.3
The Company reserves the right to vary rebates, discounts, allowances, premiums or surcharges at any time without notice.
7.4
All other Products will be charged at a price available from the Company.
7.5
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 Account Holder.
7.6
8. PINCODES
8.1
A four (4) digit PIN Code will be issued to individual Fuel Card(s) for use for purchases of Products at the Outlets. Not applicable to Applegreen Plus Fuel Cards.
8.2
The Account Holder and Authorised User(s) shall treat such PIN Codes as confidential information and shall undertake to keep such PIN Codes separate from Fuel Card(s) at all times. It is Account Holder’s responsibility to ensure that Authorised User(s) maintain the PIN Code in strict confidence so as to avoid unauthorised use.
8.3
In the event that a PIN Code is disclosed contrary to Clause 8.2 and/or is used or accessed by an unauthorised user, the Account Holder shall immediately notify the Company of the same and take all steps necessary to effect the “Stop Procedures” as detailed at www.applegreenstores.com/uk/fuel-card.
8.4
In the event that an Account Holders member of staff is no longer employed by the Account Holder or authorised by the Account Holder to be utilising the Fuel Card(s) on its behalf then the Account Holder must in advance of their employment termination or removal from driving activities take possession of the Fuel Card from that person and then follow “Stop Procedures” as detailed at www.applegreenstores.com/uk/fuel-card. This Clause should be read in conjunction with Clause 14.
9. CARD & CREDIT LIMITS
9.1
The Company at their own discretion may from time to time may alter the Card Limit and/or Credit Limit. These variations are based on a number of considerations including customer usage patterns and invoice payment history.
9.2
Any and all transactions are strictly limited to the Credit Limit. In the event that the Credit Limit is exceeded (as may be notified by an operator of an Outlet to an Authorised User(s) or as may be notified by the Company to Account Holder), the Company reserves the right to put the account on hold and the Account Holder shall be liable for all payments owing in excess of such Credit Limit and the Account Holder undertakes to:
9.2.1
take all steps necessary to ensure that the Credit Limit is not exceeded;
9.2.2
make immediate payments to eliminate any and all amounts in excess of such Credit Limit; and ensure that all Authorised User(s) have alternative payment methods in such circumstances;
9.2.3
agree and acknowledges that it shall notify all Authorised User(s) of the obligations under this Clause 9.
9.3
Details of these terms and conditions and the conduct of Account Holder’s account may be registered with an appropriate credit reference agency (at the discretion of the Company). Information so registered may be used to help make credit decisions, or occasionally, for fraud prevention or the tracing of debtors.
10. RECEIPTS AND INVOICING
10.1
Sales receipts are automatically issued for every Fuel Card transaction (with the exception of automated terminals where the issue of a receipt is optional and upon request). The Account Holder shall ensure that the Authorised User(s) retain all such receipts and provide the same against each invoice to the Account Holder.
10.2
If requested by the Account Holder in writing, the Company will provide a transaction history for the Account Holder. Transaction history is available online at www.applegreenfuelcarduk.com
10.3
The Account Holder acknowledges that it shall be liable to pay all amounts due under the relevant Fuel Card(s) transactions (including where the transaction is in respect of a vehicle other than that which may be identified on the Fuel Card(s)).
10.4
Any charges which are applicable as per Clause 4 will either be included in the invoice period in which they arise or in subsequent periods.
10.5
The Account Holder shall have online access to its invoices via www.applegreenfuelcarduk.com in accordance within the timeframes noted at Clause 11. Soft Copy Invoices can be requested by the Account Holder.
10.6
For the avoidance of doubt, the Company will not produce or post hard copy invoices at all. Soft copy invoices are only available through www.applegreenfuelcarduk.com
10.7
For the avoidance of doubt the company is not obliged to respond to any invoice queries relating to transactions which took place over 3 months prior to the date of the initial request.
11. PAYMENTS
11.1
The Company has a number of distinct invoicing and payment options. The option utilised for the Account Holder is at the discretion of the Company. The Account Holder may discuss these options with its account manager. Options are as follows:
11.1.1
Weekly Invoicing
• Weekly Invoice Period – payments in respect of the period of Monday to Sunday (inclusive) of each calendar week (the “Weekly Invoice Period”) shall be due and payable within 7 days of the last day of the applicable Weekly Invoice Period (the “Weekly Payment Due Date”). The invoice in respect of each Weekly Invoice Period shall be available for access to Account holder via www.applegreenfuelcarduk.com not later than 5 days from the last day of the applicable Weekly Invoice Period;
11.1.2
Twice Monthly Invoicing
• First Half Month Invoice Period – payments in respect of the period of 1st to 15th (inclusive) of each month (the “First Half Month Invoice Period”) shall be due and payable within 15 days of the last day of the applicable First Half Month Invoice Period (the “First Half Payment Due Date”). The invoice in respect of each First Half Month Invoice Period shall be available for access to Account holder via www.applegreenfuelcarduk.com not later than 5 days from the last day of the applicable First Half Month Invoice Period; and
• Second Half Month Invoice Period – payments in respect of the period of 16th to 30th/31st (as applicable and inclusive) of each month (the “Second Half Month Invoice Period”) shall be due and payable within 15 days of the last day of the applicable Second Half Month Invoice Period (the “Second Half Payment Due Date”). The invoice in respect of any Second Half Month Invoice Period shall be available for access to Account holder via www.applegreenfuelcarduk.com later than 5 days from the last day of the applicable Second Half Month Invoice Period.
11.1.3
Monthly + 15 days Invoicing
• Monthly + 15 days Invoice Period – payments in respect of the period of 01st to 30th/31st (as applicable and inclusive) of each month (the “Monthly + 15 days Invoice Period”) shall be due and payable within 15 days of the last day of the applicable Monthly + 15 days Invoice Period (the “Monthly + 15 days Payment Due Date”). The invoice in respect of any Monthly + 15 days Invoice Period shall be available for access to Account holder via www.applegreenfuelcarduk.com not later than 5 days from the last day of the applicable Monthly + 15 days Invoice Period.
11.1.4
Monthly + 30 days Invoicing
• Monthly + 30 days Invoice Period – payments in respect of the period of 01st to 30th/31st (as applicable and inclusive) of each month (the “Monthly + 30 days Invoice Period”) shall be due and payable within 30 days of the last day of the applicable Monthly + 30 days Invoice Period (the “Monthly + 30 days Payment Due Date”). The invoice in respect of any Monthly + 30 days Invoice Period shall be available for access to Account holder via www.applegreenfuelcarduk.com not later than 5 days from the last day of the applicable Monthly + 30 days Invoice Period.
11.2
In order to comply with the direct debit requirements the Account Holder shall at all times maintain a bank account capable of accepting direct debits and keep the Company provided with effective direct debiting mandate against such account.
11.3
In the event that any payment owing under Clause 10 is not made on or by the applicable Payment Due Date as the case may be and without prejudice to any other rights or remedies the Company may have, the Company reserves the right to charge Interest at the rate of 5% per month above the Bank of England interest rate on any balance outstanding until settlement is received.
11.4
The Company reserves its rights to charge any and all reasonable debt recovery costs inclusive of the Company’s costs and costs accrued as a result of engaging Solicitors for the recovery of the Debt owing to the Company. Initial Debt Recovery charge for Solicitors are as per Clause 4.
11.5
If a direct debit drawn by The Company on Account Holder’s accounts is returned unpaid or a cheque sent by the Account Holder is returned unpaid then the Account Holder shall pay The Company the relevant charge as at Clause 4.
11.6
The Company reserves it’s rights of set-off in respect of any payments by the Account Holder and any credits or refunds due against payment of any interest due and/or in reduction of the Account Holders other monies owing to the Company. No claim by the Account Holder against any other third party shall be the subject of any set-off or counter-claim against the Company.
11.7
Without prejudice to any other rights or remedies the Company may have, all monies due and owing by the Account Holder shall become due and payable immediately in the event that any of the information provided by the Account Holder in connection with its application for a Fuel Card(s) is false or incomplete or if the Account Holder is deemed by the Company to be in breach of these terms and conditions.
11.8
Fuel Card(s) can be used for transactions in the Republic of Ireland, Northern Ireland and Great Britain. Prices charged in Great Britain are as displayed at the relevant Outlet. The Company will invoice these transactions and will convert the gross value of any such transactions (inclusive of VAT) into Euros at a rate to be determined by the Company. Payment for these transactions will be made in accordance with Clause 11.1.
12. INDEMNITY
12.1
The Company accepts no liability and gives no warranty, express or implied, whether arising by common law or statute in relation to any transaction by or Product supplied to the Account Holder and/or to Authorised User(s) arising out of or in connection with these terms and conditions. All warranties are excluded to the fullest extent permitted by law.
12.2
The Account Holder shall fully indemnify the Company and keep the Company fully indemnified against all liability including employer’s liability in respect of any damage to the property of the Account Holder or the death or personal injury of employees or agents of either the Account Holder or the Company arising out of or consequent upon the use of the Fuel Card, the Outlets and/or the Product except where said damage, death or personal injury is caused by the negligence of the Company.
12.3
The Account Holder acknowledges that the Company shall in no event be liable in respect of any failure, refusal and/or delay of any Outlet in accepting a Fuel Card(s) and/or in the supply of the Products (including, but not limited to dispensing pump failure at any Outlet).
12.4
Subject to Condition 12.5 below, the Company shall not be liable for loss whether arising from breach of contract, tort (including without limitation, negligence), statutory duty or otherwise, and whether flowing naturally and directly or indirectly from such breach, tort, statutory duty or other cause; or not for the following: loss of revenue; loss of profit; loss of anticipated savings; loss of goodwill; loss of reputation; loss of anticipated contracts; and/or any loss special to the particular circumstances of Account Holder.
12.5
Nothing in these terms and conditions shall exclude or limit the Company’s liability for death or personal injury caused by its negligence or for fraudulent misrepresentation.
12.6
The Account Holder shall indemnify and keep the Company fully indemnified against any and all losses, damages, claims, costs, penalties, fines, demands and expenses (including legal fees on a full indemnity basis) suffered by the Account Holder and arising out of or in connection with the use of Fuel Card(s) and/or the breach of these terms and conditions.
12.7
The Account Holder shall draw the attention of any its employees and agents or any persons whosoever handling or using the Products on behalf of the Account Holder to all proper instructions, warnings or suggestions concerning the methods whereby or the conditions whereupon the products should be used or handled.
13. FORCE MAJEURE
13.1
Any obligation of the Company to supply Products to the Account Holder shall be suspended through necessity by an event of Force Majeure whether this directly or indirectly affects the Company and/or its ability to reasonably conduct its business.
13.2
On the occurrence of an event of Force Majeure the Company shall determine (and may from time to time re-determine) the extent (if any) to which supplies to the Account Holder are to be maintained whilst such circumstances continue, having regard to its ability to obtain process and to deliver supplies, the costs of doing so, the requirements of all its Account Holders local needs and any other considerations it considers relevant.
13.3
As soon as practicable after the circumstances mentioned in 13.1 above cease the Company shall inform the Account Holder of the resumption of supplies.
14. LOST OR STOLEN CARDS OR UNAUTHORISED USE/MISUSE
14.1
Fuel Card(s) remain the property of the Company at all times. Subject to Clause 14.3, all risks of loss will pass to and be borne by the Account Holder from the date of dispatch of Fuel Card(s).
14.2
If Fuel Card(s) are lost, stolen, skimmed, copied or cloned (including constructive theft as a result of any person in possession of a Fuel Card(s) having ceased to be an Authorised User through termination of employment or otherwise as per Clause 8.4), the Account Holder must immediately cancel the card. They can do this online by following the relevant steps at www.applegreenfuelcarduk.com. This service provides the Account Holder with the ability to cancel the card on a 24 hour basis. This online cancellation by the Account Holder must be immediately notified to the Company by e-mail to fuelcarduk@applegreenstores.com The Account Holder Email Notification must be received prior to 12:00 hours in order to be accepted as notification on the day of receipt. Notification received after 12:00 hours will be deemed to have been accepted as notification on the following working day (Monday to Friday, excluding Bank Holidays in the Republic of Ireland).
14.3
The Account Holder shall remain liable to the Company for all transactions arising from the use of such lost, stolen, skimmed, copied or cloned Fuel Card(s) by any person until the earlier of either the cancelation by the Account Holder as per Clause 14.2 via www.applegreenfuelcarduk.com or 12.00 hours on the day following the day on which Clause 14.2 notification is received by the Company. After such time, the Account Holder shall have no further liability for purchases of Products resulting from the use of Fuel Card(s) other than for purchases by the Account Holder or any Authorised User(s) provided that no such release of liability will be given to the Account Holder in the event that:
14.3.1
The Account Holder or Authorised User(s) or persons who were Authorised Users gave the relevant Fuel Card(s) and /or Pin Code to an unauthorised person;
14.3.2
The loss of Fuel Card(s) was due to the negligence of either the Account Holder or any Authorised User(s);
14.3.3
The Account Holder or the Authorised User(s) failed to adhere to a request to destroy or return Fuel Card(s) to The Company; and/or
14.3.4
The Account Holder was in breach of any of these terms and conditions;
14.3.5
The Account Holder had reasonable grounds to suspect that the card was lost, stolen, skimmed, copied or cloned and did not cancel the card;
in such circumstances the Account Holder remains liable for all Fuel Card(s) transactions notwithstanding that the Fuel Card(s) has been reported lost or stolen.
14.4
Subject to Clause 14.3, the Account Holder shall give the Company any and all information as to the circumstances surrounding the loss, theft, skimming, copying or cloning or otherwise misuse of Fuel Card(s) and shall take all steps necessary to assist the Company in the recovery of any missing or stolen Fuel Card(s).
14.5
For the avoidance of doubt on the occurrence of a lost, stolen skimmed, copied or cloned Fuel Card, the Account Holder shall immediately take all steps necessary to effect the “Stop Procedures” as detailed at www.Fuel Card.ie.
14.6
The Account Holder must co-operate with the Company and the Gardai/Police Service to help recover any Fuel Card. If the Company suspects that a Fuel Card is lost, stolen, skimmed, copied or cloned then the Company may give the Gardai/Police Service any information which is relevant and the Company may take appropriate action.
15. TERM & TERMINATION
15.1
The Contract for the Fuel Card will come into force on the Commencement date, and will continue in force until either;
15.1.1
The Account Holder closes the account with due notice in accordance with the provisions of Clause 16;
15.1.2
A termination event in accordance with Clause 15.2,15.3 or 15.4 occurs.
15.2
The Account Holder may, on giving written notice, terminate the Contract on not less than 7 days’ notice as per Clause 16; or
15.3
Each Party may, without prejudice to any of its other rights arising under this Contract, on giving written notice, terminate the Contract with immediate effect, if;
15.3.1
The other party fails to observe or perform any material term or condition hereof, including any event of non-payment; and such default or breach (if capable of remedy) shall not be remedied within 20 calendar days after notice, specifying the breach and requiring the same to be remedied, has been given;
15.3.2
the presentation of a petition for winding up of the other Party or the other Party is the subject of an order or an effective resolution is passed for winding up the other Party;
15.3.3
the application for an order or application for the appointment of a receiver (including an administrative receiver), examiner, trustee, liquidator or similar officer in respect of the other Party;
15.3.4
if a receiver, administrative receiver, examiner or similar office is appointed over all or any part of the assets or undertaking of the other Party;
15.3.5
the other Party making a composition or arrangement with its creditors generally or an assignment for the benefit of its creditors or other similar arrangement;
15.3.6
the other Party becoming unable to pay its debts as within the meaning of section 570 of the Companies Act 2014 or otherwise becoming insolvent, or the other Party ceasing, or threatening to cease, to carry on business;
15.3.7
there has been any delay or failure in performance under the Contract resulting from any event of Force Majeure, which delay or failure shall have continued for a period of three months;
15.3.8
there is a breach of the Company’s Intellectual Property Rights.
15.4
The Company reserves its rights to immediately terminate any and all Fuel Card(s) at any time.
15.5
On termination (howsoever arising), or otherwise at the written request of The Company, the Account Holder shall return all issued Fuel Card(s) to The Company within seven (7) days from the date of such termination or request. Where the Account Holder returns Fuel Card(s) by registered post, the Account Holder must ensure that it is cut in two and the magnetic strip severed.
15.6
Termination of Fuel Card(s) (howsoever arising) shall be without prejudice to any and all liabilities of Account Holder which have accrued prior to the date of such termination or expiry.
16. ACCOUNT CLOSURE
16.1
The Account Holder may close the account by giving at least seven (7) days’ notice to the Company in writing and by returning all Cards to the Company within that notice period. The date of expiry of this notice is the Closure Request Date and that date must be stated clearly in the notice provided.
16.2
The Account Holder will be liable to repay immediately on demand the outstanding balance on the account, including all charges, fees and costs up to and including the Closure Request Date.
16.3
The Account Holder must ensure that there are no transactions whatsoever after the Closure Request Date.
16.4
The Account Holder shall only cancel the direct debit mandate with the Company when all outstanding payments have already been discharged and where this discharge of debts is confirmed by the Company in writing to the Account Holder.
16.5
It shall be the responsibility of the Account Holder to pay the company for withdrawals of Stock made using any one of the Account Holder’s Cards after the closing of the account and/or the Closure Account Date.
16.6
The account shall be closed only when all Cards are returned to the Company and all liabilities under these terms and conditions are paid. Where the Account Holder returns the Card by registered post, the Account Holder must ensure that it is cut in two and the magnetic strip is severed.
17. PERSONAL DATA
17.1
The Parties will each observe all provisions of the relevant Data Protection Acts, Regulations and GDPR and will take all necessary steps to ensure robust data protection measures are in place.
17.2
The Personal Data provided to the Company by the Account Holder, or obtained by the Company in the manner set out below, or otherwise relating to the Account Holder and/or Authorised User(s) will be processed by the Company for the following purposes:
17.2.1
to process Fuel Card(s) applications, to administer Fuel Card(s) accounts and respond to queries relating to Fuel Card(s);
17.2.2
prior to opening a Fuel Card(s) account, to make enquiries with, and obtain information relating to the Account Holder and/or Authorised User(s) from, third parties, including, without limitation, banks, financial institutions, credit reference agencies for the purposes of assessing credit worthiness and verifying identity;
17.2.3
where credit is granted to the Account Holder, the Company may also disclose details about the Fuel Card(s) account and the Account Holder and/or Authorised User(s)’s conduct regarding the Fuel Card(s) to credit reference agencies or debt collection agencies; and
17.2.4
for the purposes of complying with legal and regulatory requirements, such as anti-money laundering legislation, and for the prevention or detection of fraud. For this purpose we may share personal information with third parties, including, without limitation, The Police, organisations involved in fraud prevention and detection and (for the purposes of complying with an order of the courts) banks, financial institutions and credit reference agencies.
17.3
The Company may disclose Fuel Card(s) account information, including personal data relating to the Account Holder and/or Authorised User(s):
17.3.1
to its agents, sub-contractors or any Group Company; or
17.3.2
to any third party service provider or product manufacturer or the Company where the Account Holder uses the Fuel Card(s) account to avail of such third party products or services;
17.3.3
for any of the above purposes or for the purposes of performing this agreement or any other agreement that the Company or a Group Company has with the Account Holder.
17.4
The Company hereby notifies the Account Holder that it lawfully processes the Data of the Account Holder as Data Controller on the basis of; necessity for the performance of a contract and necessity for the purposes of legitimate interests in accordance with Article 6, Section 1 of the GDPR.
17.5
The Account Holder confirms it has obtained and will maintain all necessary consents from Authorised User(s) to the processing of personal data in the manner and for the purposes outlined in this agreement.
17.6
The Account Holder has the right to ask for a copy of the personal data held by the Company at any time. The Account Holder may be charged a reasonable fee if the request is either “manifestly unfounded or excessive”. The Account Holder also has the right to request the Company to correct any inaccuracy in his or her personal data or erase information. Additional rights available to the Account Holder include the right to object to direct marketing, to restrict the processing of their information and data portability. A person also has the right to request access to his or her personal data held by any credit and fraud agency from which the Company received personal data, and the Company is happy to supply their names and addresses upon request. A person should direct all requests and queries regarding personal data fuelcarduk@applegreenstores.com
17.7
The Account Holder approves that the Company is allowed to outsource the hosting of its data to a third party within the European Economic Area. The Company will ensure that such third party is legally bound to provisions equivalent to those in clause 17 of this Contract regarding the Processing of Personal Data.
17.8
The Company shall implement appropriate technical and organisational measures to protect any Personal Data collected under the Contract against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of Processing.
18. CONFIDENTIALITY
18.1
Each Party agrees that for the duration of this Contract and for a subsequent period of one year they will at all times treat any Confidential Information of the other Party as confidential and shall not permit the same to be copied, used, disclosed or disposed of except in accordance with this Contract. The provisions of this clause 18 shall not apply to Confidential Information which is already in the public domain or becomes so at a future date other than by breach of this Contract.
19. LIABILITY OF THE COMPANY
19.1
The Company accepts no liability and gives no warranty, express or implied, whether arising by common law or statue in relation to any transaction by or Products supplied to the Account Holder by virtue of entering into this Agreement with the Account Holder.
19.2
The Company accepts no responsibility and shall not be liable to the Account Holder for a failure (for whatever reason) on the part of a dispensing pump to dispense Product at an Outlet.
20. GENERAL
20.1
These terms and conditions and any supplies of goods made in conjunction with the use of the Fuel Card(s) shall be governed by the laws of the Republic of Ireland and be subject to the non-exclusive jurisdiction of the Laws of the Republic of Ireland.
20.2
This Agreement shall not be assignable in whole or in part by the Account Holder without prior written consent of the Company.
20.3
Where any provisions of this agreement shall be prohibited by or adjudged by a Court to be unlawful, void or unenforceable, such provision shall to the extent required be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and shall not, in any way, affect any other circumstances or the validity or enforcement of this agreement. Failure or delay by the Company in enforcing or partially enforcing any provisions of these terms and conditions will not be construed as a waiver of any of its rights under these terms and conditions.
20.4
The Company shall be entitled to assign or transfer all or any of its rights and obligations hereunder. The Account Holder shall not be entitled to assign or transfer all or any of its rights and obligations hereunder.
20.5
The Account Holder shall immediately notify the Company of any change to the Cardholder’s details inclusive of address, email address, phone number and relevant bank account details.