This Agreement sets forth the terms and conditions for use of the RoadEx Fleet Cards and the account established on fuel.roadex.com
- Scope:This Agreement, as amended from time to time, governs your use of Fuel transactions and applies when you access or use the Services, regardless of the technology you use to access the Services.
- Other Agreements:This Agreement supplements any other existing and future written agreements that you have with us and any terms, conditions or disclaimers provided on our Web Site. For example, there are a variety of additional terms, conditions and disclaimers in other agreements that govern your use of Accounts and Services. If there is a conflict between a term in this Agreement and any other written agreement with us, the term of the other agreement will apply to the extent necessary to resolve the conflict.
- Changes to this Agreement:We may change this Agreement at any time by giving notice to you. We will notify you of a change to this Agreement by posting a notice on our Web Site. Your use of Fuel transactions after we post the notice means that you agree to and accept this Agreement as amended. If you do not agree to a change in this Agreement, you must immediately stop using fuel.roadex.com website
- Changes to the Services:You understand that we may add, remove or change any part or feature of the Services, including Online access to your fuel report, your T-cheks access, add/remove unauthorized users using the Information Services or the Web Site at any time, without giving notice to you.
PART A: PASSWORDS, INSTRUCTIONS, AND E-MAIL
- Use:You must use your Email and Password to access fuel.roadex.com website and your User ID and Password to access Fuel Management Online. You may also be required to answer your Secret Key when accessing Fuel transactions.
- Roadex.com Passwords & Account Secret Key:You agree to keep your Passwords and Secret Key are confidential; they are for your use alone. You will not disclose to others (including a close family member, a friend or any FUEL or public official) what your Passwords or Secret Key are. You must carefully select your Passwords and Secret Key so that they cannot be easily guessed or reverse engineered by anyone else. When choosing Passwords or Secret Key, you must not use:
Password must include
- One Capital Letter, one special character & one number.
Password must not include
- Using your name or a close relative's name will result in wrong password selection or weak password
- Your birth date, year of birth, telephone number or address, or that of a close relative;
- Your Account number or fuel card number;
- A number on any ID card you keep with your FUEL Card or in your purse or wallet (such as your social insurance number or driver's license number);
- Any other number which can be easily obtained or guessed by someone else; or
- A password you use for any other service.
You should memorize your Passwords and Secret Key rather than keep any written record of them. However, if you decide that you truly need to keep a written record, you agree that:
- Your Password and Secret Key must be disguised within the written record you make so that no else can easily guess that it is a record of your Password or Secret Key.
- Responsibility for Losses:You are responsible for any Losses that result from your own use of your FUEL Card or User ID and your Passwords or Secret Key. You are also responsible for any Losses that result from any use by a third party of your FUEL Card or User ID and your Passwords or Secret Key, including, without limitation, use by a service provider that provides an online account aggregation service, which retrieves, consolidates, and presents your Accounts for the sole purpose of allowing you to view your Accounts in one place. You agree that you are responsible for any Losses that result from your own use of your Fuel card to access the Services or that result from any use by a third party of your Electronic Device to access the Services.
- Statements and Reporting: Account statements and standard fleet management reports are available on-line free of charge on Fuel.roadex.com. ROADEX can also provide paper copies of each statement and the accompanying management report with transaction details via mail. ROADEX reserves the right to charge a "Paper Report Fee" up to a maximum of fifteen dollars ($5.0) per billing cycle. Customer understands and agrees that ROADEX may be required to filter data received from merchants from time to time as necessary to provide complete reporting information to Customer when the merchant is unable to deliver complete purchase detail data (e.g. product code, gallons, price per liter). Customer also understands and agrees that any transactional information provided, including tax rate details, are for informational purposes only and should not be relied upon without review and validation by the Customer.
- Instructions:You acknowledge that each Instruction that you provide to us is final. You agree that we may rely on your Instructions (including your electronic acceptance of this Agreement and other online Fuel agreements) as if you had provided us with a paper copy of them. You agree that you will be liable for the transactions that are conducted on your Instructions, and any Losses that may arise from these transactions. You agree that we may maintain a record of your Instructions, and, if you provide Instructions by telephone, that we may record your voice or responses and you consent to such recording. Our records of your Instructions will be binding on you in a dispute, including any legal proceedings, unless you provide clear proof that our records are wrong or incomplete.
- E-mail:E-mail sent over the Internet is not secure and may be lost, intercepted, or altered. Except as otherwise specified in another written agreement that you have entered into with us, you agree that we are under no obligation to accept or act on any instructions you provide to us by e-mail. If you send us confidential information by e-mail, we will not be liable if it is lost or intercepted, altered or misused by someone else. If you send us an e-mail, you agree that we may (at our sole discretion) respond to you by e-mail, and provide by e-mail any confidential information that you have requested; you also agree we will not be liable if the information we provide to you by e-mail as contemplated in this Section 11 is lost or intercepted, altered or misused by someone else.
- Use an Anti-Virus Program, Anti-Spyware or Anti Ransomware Program and Firewall; Signing Off:The Electronic Device you use may be vulnerable to viruses or online attacks that seek to intercept or alter information including sensitive information that you provide through the Internet. To reduce the chances of harm, you should take all reasonable precautions, including ensuring that any Electronic Device you use to access Fuel transactions has an up-to-date anti-virus program, Anti Ransomware Program, anti-spyware program and a firewall, if such security measures are available for your Electronic Device. To prevent unauthorized access to your Accounts, you must sign off your fuel.roadex.com account, close your browser, or sign-off of the mobile applications used by you for Mobile Fueling, as soon as you finish using them.
- Other Use of FUEL Card and Password for Online Applications:You understand that your FUEL Card login ID, together with your Password, may be used by us in order to pre-populate your personal information for the purpose of completing a ROADEX online application form on the Web Site.
PART B: PROVISIONS FOR ONLINE T-CHEKS ONLY - Declining Your Instructions:When ISSUING ONLINE COMCHEKS, you agree that we may decline to act on an Instruction if we suspect that the Instructions are not from you, are inaccurate or unclear, exceeds your credit limit, have not been properly authorized by you, or are provided by you for some illegal or improper purpose. We will not be liable if we decline to act on an Instruction in these circumstances.
- Bill Payment:All invoices generated on fuel.roadex.com will be withdrawn from the Account through pre-authorized debit from your bank according to the billing cycle you agreed upon as per the signed E-Agreement with ROADEX. To change your Billing dates, you need to give us a notice several business days in advance of the date on which you wish a bill payment to be effective. We will not be responsible for disruption of your services due to non payment or any Losses resulting the disruption of services.
PART C: PROVISIONS FOR ONLINE FUEL MANAGEMENT - Privacy policy Protecting your data is Important to us. We and our contracting parties maintain information security programs designed to secure your data, protect against anticipated threats and unauthorized access and comply with applicable law. We share information to perform banking transactions and related activities. You consent to our sharing the information we collect with ROADEX’s affiliates & our issuing Bank. Transaction processors and networks, suppliers, and merchants in connection with payment card transactions and related activities. ROADEX has retained their service provider to provide data and support to manage https://fuel.roadex.com a commercial fleet card website/ program on its behalf and in doing so collects personal/commercial information about you on behalf of ROADEX. The personal information collected may be stored in either or both of Canada and the United States. If you have any questions or concerns regarding the collection, use or disclosure of your personal information as described above, please feel free to contact RoadEx's privacy officer at “accounting@roadex.com” For additional information please refer to RoadEx's privacy policy available at https://fuel.roadex.com.
- Privacy of Customer Data: You consent to ROADEX's use and storage of information as provided in ROADEX’s privacy policy available at https://fuel.roadex.com. All customer and transaction data relating to transactions on, or utilization of, Cards is processed by, and will be provided by RoadEx’s service provider. You consent to our delivery of all such Information to RoadEx and its use and storage of information as Provided in RoadEx"s privacy policy available at https://fuel.roadex.com. RoadEx may communicate directly with you
- Intellectual Property Rights: All information and tools we provide online, and all software and systems used by us to provide the Services and the Web Site, are proprietary to ROADEX and is processed by their service provider, our Information Providers and our other licensors, and are protected by intellectual property laws. You agree not to sell, distribute or commercially exploit the information or tools. You further agree not to use the information or tools except for your own company use. Except as otherwise permitted under this Agreement, you will not do any of the following: (i) modify, adapt, translate, reverse engineer, decompile, or disassemble any software and systems used by us to provide the Services or the Web Site; (ii) copy, mirror, reproduce, distribute, publish, download, post, transmit, or create derivative works based on any of the content found, accessible, or made available to you on the Web Site or through the Services in any form or in any manner ; (iii) sell, resell, or make any commercial use of such content; and (iv) use any robots, bots, spiders, web crawlers, data mining software, or any other automated tools or data gathering or extracting software on such content or to collect any information from the Web Site or from other users of the Services. Nothing in this Agreement or on the Web Site will be construed as providing you with any right, title, and interest in or to any of ROADEX’s intellectual property rights, or to grant you any licenses, whether by implication or otherwise.
PART E: PROVISIONS FOR USE - Application of this Agreement to Business Use:In addition to the remainder of this Agreement, this Part E will apply if fuel.roadex.com website are used by or on behalf of a Business. In such a case:
- "You"and "your" will mean both the Business and you as an individual Business User, wherever these terms are used throughout this Agreement
- Each provision of this Agreement will apply to both the Business and to you as an individual Business User, unless the language of the provision refers only to the Business.
- Access to Business Accounts and Services:By designating a person as a Business User, the Business is authorizing that person to view information about the Business and, if online transactions are permitted through the Services, to carry out online transactions on behalf of the Business (subject to any limits on the Business User's access, as described in Section 28). The Business accepts the responsibility for all Losses that may arise from any unauthorized use including a Business User misusing his or her authority in any way, either purportedly on the Business' behalf or for personal or other purposes. The Business and individual Business User will ensure that the Business User meets any eligibility or other requirements for online access that are communicated by us as part of the application process.
- Use of FUEL Card and Driver ID:For Fueling, the Business will ensure that each FUEL Card will be used only by the individual Business User that was authorized by the Business, and to whom we issued the FUEL Card.
- Different Levels of Access:At the request of the Business, we may provide different levels of access to Online Fuel reports, activating & deactivating your cards or for making changes to the card limits. for different categories of Business Users. For example, one category of User may be limited by the level of access that we or you provide to him or her. It is the responsibility of the Business to ensure that the level of access you provide to a particular Business User is appropriate for that person.
- Authorized Use/Entry Errors:The Business accepts the responsibility for all Losses that result if: a Business User uses a FUEL Card, User ID or Password, whether with or without the Business' specific authorization in any particular instance; a Business User authorizes anyone else to use a FUEL Card, User ID or Password; or a Business User makes entry errors.
- Indemnity by Business:The Business agrees to indemnify and save us harmless from and against all Losses that we may incur (other than due to our own gross negligence or misconduct), including legal fees and disbursements reasonably incurred by us, arising from a breach by the Business or a Business User of any part of this Agreement, or from our acting or declining to act upon any Instruction or information given to us in accordance with this Agreement. This indemnity is in addition to any other indemnity or assurance against loss that the Business may provide to us, and will survive any termination of this Agreement.
- Sharing Business User IDs and Passwords:For fuel Management Online only, if we permit a Business to share its User ID among individual Business Users, a Business User may provide the User ID and Password to one or more other persons who have also been authorized by the Business and (if online transactions are permitted through the applicable Service). In these circumstances, the Business User need not change the Password or notify us merely because the other authorized persons are using the User ID or the Password.
PART J: LIABILITY AND WITHDRAWAL OF ACCESS - Limitation of Liability: You understand and agree that, in addition to those limitations of liability set out elsewhere in this Agreement, we will be liable to you only for direct damages resulting from our gross negligence, fraud or willful misconduct arising directly from the performance by us of our obligations under this Agreement and we will not be liable to you for any other damages. Also, we will not under any circumstances be liable to you for any other Losses, including indirect, incidental, special, punitive or consequential losses or damages including without limitation, loss of profits, damages for inconvenience, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement or any services, including the Services, provided to you by us, even if we were advised of the possibility of damages or were negligent. These limitations apply to any act or omission of us or our officers, directors, affiliates, agents or suppliers, whether or not the act or omission would otherwise give rise to a cause of action in contract.
- Change of Terms: Notwithstanding the foregoing, ROADEX may change the terms of this Agreement at any time, including. without limitation, in the event of any future damages to laws, regulations, or the interpretation thereof or changes in the Supplier’s rules and will notify the Customer of any such changes in writing. Retention or use or any Card or the Account after the effective date of any such change will constitute acceptance of the new terms. If the Customer does not agree to any such change, the Customer may terminate this Agreement by notifying ROADEX before the effective date or the change, returning all Cards to ROADEX or destroying all Cards and paying what is owed or accruing due under the terms of this Agreement.
- Withdrawal of Access:We may terminate your services & access to the fuel.roadex.com in case of the return of the pre-authorize debit from the financial institute against your invoice as per the Agreement with you or withdraw your access to Fuel transactions at any time, without notice to you, in which case this Agreement will continue to apply in respect of your past access. We will not be liable for any Losses to your business that result from our withdrawal of your access.