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Welcome to Island Full Up.
By subscribing to our services, you hereby consent to the following Terms of Service.
Our website www.islandfullup.com (the “Website”) and the associated application (the “App” and together with the Website, the “Platform”) are operated by Island Full Up Ltd., a company incorporated under the laws of The Bahamas with its registered address at East Bay St., Nassau, Bahamas (hereinafter referred to as “Island Full Up Ltd”). The terms “we”, “us” and “our” shall hereinafter refer to Island Full Up Ltd.
These Terms of Use are applicable to all visitors, users and others who access and/or use the Website and the App (the “Users").
Using or accessing any of the services offered by Island Full Up Ltd through the Website and/or the App (the “Services”) indicates your acceptance of these Terms of Use without the need for your handwritten signature. Therefore, if you do not accept these Terms of Use, generally or partially, please do not continue to use or access the Services.
Please read these Terms of Use carefully. Together with our Privacy Policy and other terms available on the Website or on the App, they govern our relationship with you and shall constitute a legally binding agreement between us (the "Agreement”).
This Agreement supersedes any prior agreements or arrangements between Island Full Up Ltd and you. Island Full Up Ltd may immediately terminate this Agreement and/or any provision of Services thereunder, or generally cease offering or deny access to the Services or any portion thereof at its sole discretion, at any time for any reason, without incurring any liability towards you.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you prior to accessing and/or using with the applicable Services (“Supplemental Terms”). Supplemental Terms are in addition to, and shall be deemed a part of this Agreement for the purposes of the applicable Services. The provisions of the Supplemental Terms shall prevail over the provisions of this Agreement in the event of a conflict with respect to the applicable Services.
By agreeing to these Terms of Use, you:
We reserve the right to prohibit any person from accessing and/or using the Services for any reason whatsoever and at any time without notice.
We exclusively own and control all intellectual property rights available on our Website and the App, including, without limitation, text, design, graphics, logos, images, downloads, code and software. Any copying, distributing, posting, linking or otherwise modifying of the Website and/or the App by you without our express written authorization will be considered an infringement of the relevant intellectual property right.
The Services constitute a technology platform that enables the Users to arrange and schedule logistics for delivery of fuel services. When using the Services, you agree to comply with all applicable laws of The Bahamas.
Unless otherwise agreed by Island Full Up Ltd in a separate written agreement with you, the Services are made available solely for your personal and non-commercial use.
Please note that we may add additional services from time to time to our existing Services provided by us. Any such additions or ammendment will be reflected in this Agreement or the Supplemental Terms, and you will be notified accordingly via the Website and the App.
The provision of the Services by Island Full Up Ltd is subject to the following terms and conditions:
In order to benefit from the Services, you must download the App on your smart device, follow the instructions and provide all required information to create your account (the “Account”) and allow Island Full Up Ltd to provide you with the Services. You should provide personal information requested by Island Full Up Ltd in order to create the Account. You hereby allow Island Full Up Ltd to collect your personal information and your precise geolocation in accordance with its Privacy Policy. Island Full Up Ltd may send you informational and marketing text messages unless you choose not to receive such messages.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Island Full Up Ltd in writing, you may only possess one Account.
You agree to allow Island Full Up Ltd to collect your precise geolocation. We collect this geolocation for the purpose of providing you with the Services and improving your user experience - such as reminding you to request a fill. You may disable your geolocation but be advised this may impact our provision of the Services to you.
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Island Full Up Ltd does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
You may only access the Services by using authorized means. Island Full Up Ltd reserves the right to terminate this Agreement if you use the Services with an unauthorized device.
Subject to your compliance with this Agreement, Island Full Up Ltd grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
The Website and/or the App may contain advertisements or links to third parties’ websites. The Services may be made available or accessed in connection with third party services and content (including advertising) that Island Full Up Ltd does not control. You acknowledge and agree to the terms of use and privacy policies or any other policies or cookies that may apply to your use of such third-party services and content that might differ from this Agreement. Island Full Up Ltd will not be responsible or liable for any products or services of such third-party providers, for any acts or omissions of any advertiser, etc.
Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited are third-party beneficiaries. If you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively by these third parties beneficiaries, you must abide by their terms as set forth in the terms of use/service of their applications. These third-party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to our Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of use/service. You agree to comply with any applicable third-party terms when using our Services.
The Services and all rights therein are and shall remain the property of Island Full Up Ltd. Neither this Agreement nor your use of the Services convey or grant to you any rights:
You agree to allow Island Full Up Ltd to send you informational text (SMS) messages for the purpose of delivering the Services and improving your customer experience - for example, if we need to contact you in the event we are not able to locate your vehicle. You can opt out of receiving the text messages by replying “STOP” after any text message received, but be advised this may impact Services from Island Full Up Ltd to you.
Island Full Up Ltd may, at its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for Account credit, or other features or benefits related to the Services and, subject to any additional terms that Island Full Up Ltd establishes on a per promotional code basis. You agree that Promo Codes:
Island Full Up Ltd reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other users in the event that Island Full Up Ltd determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
Island Full Up Ltd may, at its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Island Full Up Ltd through the Services - textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property.
However, by providing User Content to Island Full Up Ltd, you grant Island Full Up Ltd a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise utilize in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Island Full Up Ltd's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You further represent and warrant that:
Island Full Up Ltd sometimes releases products, services, and features that we are still testing and evaluating (“Beta Services”). Island Full Up Ltd will inform you of any Beta Services that may become available by identifying them as “beta”, “preview”, “early access”, or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as Island Full Up Ltd's other services, so please keep that in mind.
You can place your booking for a full up by logging into your Account and choosing one of the available time-slots from the list of available time-slots (“Time-slots”) shown in the App. You should make sure that sufficient, accurate and correct information about the vehicle to be serviced (the “Vehicle”) and it’s location is provided to Island Full Up Ltd.
We deliver fuel across The Bahamas, either directly or through our partners, franchisees and/or licensees (the “Areas”). Island Full Up Ltd may also, depending on the Areas, deliver certain add-ons such as Fuel Additives & Windshield Cleaning Liquids (herein after referred to as “Add-ons”). You can place an Add-ons order only along with a fuel order. Your order will be fulfilled as per the time specified for your specific delivery and cannot be prioritized. Island Full Up Ltd does not commit to a certain time period to fulfil orders. Island Full Up Ltd will not be responsible for any damage or harm done to the Vehicles upon adding the Add-ons or fuel except in the case of gross negligence and willful misconduct. In addition, you acknowledge and agree that Island Full Up Ltd will not be responsible for any third parties’ products and services sold/bought on the App.
The delivery of the fuel and the Add-ons is subject to the following:
Any change/cancellation to the order shall be made at least two (2) hours prior to the delivery. Otherwise, the order will be delivered as per your initial request. If you cancel a fuel order, the Add-ons order will also be cancelled by default. Island Full Up Ltd will reserve the right to charge you a cancellation charge up to the delivery charge amount, at its sole discretion.
Cancelling an Add-ons order without cancelling the fuel order is not possible. In case the cancellation is due to a reason attributable to Island Full Up Ltd, you will not be charged any amount for the order.
Subject to any other cancellation terms provided under this Agreement, Island Full Up Ltd also reserves the right to cancel or restrict Add-ons orders subject to availability and without any liability to you and subject to the terms and conditions elsewhere under this Agreement.
Prior to any fuel delivery, it is your responsibility to ensure that all safety measures are in place and there are no risks that might emanate from such delivery. This control must be constant to prevent dangerous situations from arising when fulfilling the orders by us and or provision of Services to you.
To achieve the above, you must:
Island Full Up Ltd reserves the right to charge delivery charge if your Vehicle is not accessible/refueled due to non-compliance to safety requirements.
You are responsible for all fees associated with your purchase of the Services (the “Fees”). We are responsible for communicating those Fees to you clearly and accurately on the App and the Website prior to placing any order and you are responsible to paying the Fees upon requesting a Service. You agree to receive a receipt via email or text or through the App itself following your payment of the Fees. If a modification or cancellation of Services is necessary, Island Full Up Ltd will notify you of this. Tipping is prohibited to our Fuel Pilots, though we would appreciate it if you provide feedback about your experience.
You understand that the use of the Services may result in charges in addition to the Fees (“Charges”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Island Full Up Ltd at its sole discretion. All Charges are due for payment at the same time (and in the same way) as the payment of the Fees.
Payment of the Fees and the Charges will be facilitated by Island Full Up Ltd using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Island Full Up Ltd may automatically use the secondary payment method from your Account, if available. It may be that specific pricing terms will apply to your Account, depending on promotions, the type of device, type of subscription and the term you select at the time of purchase (e.g. monthly plans, etc., as described in more detail below).
By placing a purchase order on the Website and/or the App, you agree that your email address may be included in our marketing email list at Island Full Up Ltd. You agree that Island Full Up Ltd will send you a receipt by email or text message, and/or through the App. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable laws.
Island Full Up Ltd offers on-demand, monthly plans and annual plans. In the event you subscribe for the monthly or annual plans, you agree to be charged each month for the same amount of the monthly subscription. Some of our subscription plans renew automatically unless such subscription is cancelled by you. In this case, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee. The date that your subscription is automatically renewed is provided on your Account and payment confirmation email sent after your initial purchase. If you purchase a monthly plan, you will be charged for the full month’s payment each month; if you purchase a yearly plan, you will be charged for the entire year at one time.
We may offer subscription plans that combine one or more of our Services subject to the terms and conditions mentioned under each subscription plans.
By providing payment information to us, you agree that the payment information is valid and in your name or in the name of an individual who has authorized you to use their payment information for your purchase or subscription of the Services.
In the event you wish to cancel your subscription, cancel it on the App before the end of your billing cycle. In case of cancellation, you will still be able to use the Services until the end of your billing cycle.
Island Full Up Ltd, at its sole discretion, reserves the right to create, modify, and remove Charges for any or all Services obtained through the use of our App and/or Website. Island Full Up Ltd may from time to time provide certain users with Promo Codes and discounts that may result in different amounts charged for the same or similar Services obtained through the use of our App and/or Website. You agree that such Promo Codes and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to provision of the Services, in which case you may be charged a cancellation fee at our discretion. Any refund will be done through the original mode of payment and if such refund is justifiable at the sole discretion of Island Full Up Ltd.
Island Full Up Ltd may, at its sole discretion, elect not to provide specific Services to you without any justification (for example, not to fill a requested vehicle if Island Full Up Ltd deems it unsafe to do so or if fueling the vehicle would violate an applicable law, code, standard, or procedure). In such an event, the request may be cancelled by Island Full Up Ltd, and you may be notified and asked to move your Vehicle to a safe filling area. If the request is cancelled by Island Full Up Ltd, no payment will be charged and the Account holder will be notified.
We will not be liable for damages or losses arising from your use or inability to use the Website, the App or the Services, or otherwise arising under this Agreement. Please read this section carefully as it limits our obligations and liability towards you.
You will use the Services at your own risk. The Services are provided on an “as is” and “as available” basis. Island Full Up Ltd disclaims all representations and warranties, express, implied, or statutory, not expressly set out in the Agreement, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Island Full Up Ltd makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free.
The fuel delivered by Island Full Up Ltd is provided by Sunoil Ltd.
You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law in the country where the Services are provided.
Island Full Up Ltd shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if Island Full Up Ltd has been advised of the possibility of such damages. Island Full Up Ltd. shall not be liable for any damages, liability or losses arising out of your use of or reliance on the Services or your inability to access or use the Services. Island Full Up Ltd shall not be liable for delay, failure in performance, or other injuries resulting from causes beyond Island Full Up Ltd's reasonable control.
Furthermore, Island Full Up Ltd is not liable for any other intangible losses resulting from:
Island Full Up Ltd also assumes no liability or responsibility for a delay, failure in performance, any bugs, viruses, trojan horses or the like that be transmitted to or through the Services by any third party and/or any user content or the defamatory, offensive, or illegal conduct of any third party, or any other injury resulting from causes beyond Island Full Up Ltd's reasonable control. The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You are responsible for your use of the Website, the App and the Services, and you will indemnify and hold Island Full Up Ltd and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, “Island Full Up Ltd Entities”) from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in any way connected with:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
You hereby consent to the collection and/or processing of your personal data by Island Full Up Ltd. Island Full Up Ltd. is committed to protecting the personal data that Island Full Up Ltd receives from you, or otherwise processes, in the course of or in connection with the Services according to the Privacy Policy.
This Agreement is governed by and construed in accordance with the laws of The Bahamas.
You and Island Full Up Ltd agree that we will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a representative of each of the parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within fourteen (14) days from the date on which either Party has served written notice on the other of the dispute then the remaining provisions of this arbitration clause shall apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services, or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be exclusively and finally resolved by arbitration under the Arbitration Act of The Bahamas. The Dispute shall be resolved by one (1) arbitrator and the place of arbitration shall be Nassau, Bahamas. The language of arbitration shall be English. The existence and content of the arbitration proceedings, including documents and briefs submitted by the Parties, correspondence from the arbitrator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
You and Island Full Up Ltd agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Island Full Up Ltd agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
You can review the most current version of these Terms of Use at any time on the Website and the App.
We reserve the right, at our sole discretion and at any time, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website and App. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
The provisions contained in each paragraph in these Terms of Use shall be enforceable independently of each of the others and the validity of any of those provisions shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.
Island Full Up Ltd may give notice by means of a general notice on the Services on the Website or by electronic mail to your email address in your Account. Such notice shall be deemed to have been given 12 hours after sending (if sent by email). You may give notice to Island Full Up Ltd, with such notice deemed given when received by Island Full Up Ltd, at any time by first class/registered mail or pre-paid post to Island Full Up Ltd, P. O. Box N-8332, Nassau, Bahamas, for the attention of Legal Department or by electronic mail to info@islandfullup.com.
You shall not disclose any terms or the existence of this Agreement to anyone other than your attorneys, accountants, and other professional advisors under a duty of confidentiality.
You may not assign this Agreement without Island Full Up Ltd's prior written approval. Island Full Up Ltd may assign the Agreement without your consent to:
Any purported assignment in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you and Island Full Up Ltd as a result of this Agreement or the use of the Services.
Island Full Up Ltd's failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Island Full Up Ltd in writing.
This Agreement contains the entire Agreement between you and Island Full Up Ltd regarding the use of the Website, the App and the Services and supersedes all previous negotiations or agreements both orally or in writing regarding the subject matter of this Agreement.
You can review the most current version of these Terms of Use at any time on our Website.
We reserve the right, at our sole discretion and at any time, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to the Website, the App or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
By using our Services, you acknowledge that you have read these Terms of Use, understand them and agree to be bound hereby.
If you have any questions about these Terms of Use, you may contact us at info@islandfullup.com.