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30 Mar 2022

MAXOL LOYALTY APP – TERMS AND CONDITIONS

 

1.              These terms

1.1           These are the terms which apply to your use of any of our mobile application software including any updates or supplements to such mobile application software (“Apps”) and related services and content (“Services”).

1.2           Please read these terms carefully before you download and/or use any Apps or any Services.

2.              Information about us and how to contact us

2.1           Who we are.  We are Maxol Limited a company registered in Ireland trading as MAXOL. Our company registration number is 80448 and our registered office is at 3 Custom House Plaza, International Financial Services Centre, Dublin 1, Ireland.

2.2           How to contact us (including with complaints).  You can contact us by by writing to us at This email address is being protected from spambots. You need JavaScript enabled to view it..

2.3           How we may contact you.  If we have to contact you we will do so by telephone or in writing using contact details you have provided to us.

2.4           “Writing” includes emails and SMS.  When we use the words “writing” or “written” in these terms, this includes emails and SMS.

3.              By using any Apps and/or any Services you accept these terms

3.1           By using any Apps and/or any Services, you confirm that you accept these terms and you agree to comply with them.

3.2           If you do not agree to these terms, you must not use any Apps or any Services.

4.              Your privacy and personal information

4.1           Our privacy statement is available at https://www.maxol.ie/privacy-statement.

4.2           Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy statement, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4.3           Please be aware that internet transmissions are never completely private or secure and that any message or information you send using any Apps or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

5.              Additional terms for specific Services

In addition the Services set out below will be governed by the following terms of use and privacy policies:

Service

Web address of terms of use

Web address of privacy policy

Maxol Loyalty Programme

www.maxol.ie/loyaltyapptermsandconditions

www.maxol.ie/privacy-statement

Maxol FuelPay

www.maxol.ie/loyaltyapptermsandconditions

www.maxol.ie/privacy-statement

6.              Apple App Store or Google Play Store terms also apply

The ways in which you can use any Apps and/or any Services may also be controlled by the rules and policies of (as applicable):

and such rules and policies will apply instead of these terms where there are differences between the two.

7.              Device requirements

Information regarding device hardware and software compatibility requirements for using any App is detailed on that App’s download page on the relevant appstore site.

8.              How you may use the Apps and Services

In return for your agreeing to comply with these terms you may download Apps onto your smartphone and view, use and display Apps and Services on such devices for your personal purposes only.

9.              You must be 18 to accept these terms

You must be 18 or over to accept these terms and download and/or use any Apps or any Services.

10.           Maxol User Account

10.1         Access to our Apps and Services may require you to have a Maxol Customer Account.

10.2         A Maxol Customer Account is an online account used across Apps and Services and other services provided by us.

10.3         You may create a Maxol Customer Account via certain Apps by providing accurate details of the following information:

10.3.1       your forename and surname;

10.3.2       your email address;

10.3.3       your date of birth; and

10.3.4       your mobile telephone number.

10.4         You must also choose a suitable secure password when creating your Maxol Customer Account.

10.5         You must not allow other persons to access your Maxol Customer Account. Please contact us immediately if you suspect that your Maxol Customer Account has been accessed without your permission or compromised.

10.6         You are responsible for keeping information associated with your Maxol Customer Account up to date.

10.7         You may delete your Maxol Customer Account at any time via one of the relevant Apps or by contacting us.

11.           You may not transfer Apps to someone else

We are giving you personally the right to use Apps and Services as set out above. You may not otherwise transfer any Apps or any Services to someone else, whether for money, for anything else or for free. If you sell any device on which any App is installed, you must remove such App from it.

12.           Changes to these terms

12.1         We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

12.2         We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the relevant App.

12.3         If you do not accept the notified changes you will not be permitted to continue to use the relevant Apps and Services.

13.           Update to Apps and changes to Services

13.1         From time to time we may automatically update Apps and change Services to improve performance, enhance functionality, reflect changes to operating systems or address security issues. Alternatively we may ask you to update Apps for these reasons.

13.2         If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Apps and Services.

14.           If someone else owns the device you are using

If you download or stream the Apps onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the device.

15.           We may collect technical data about your device

By using Apps or Services, you agree to us collecting and using technical information about the devices you use the Apps on and related software, hardware and peripherals to improve our products and to provide any Services to you.

16.           We may collect location data (but you can turn location services off)

Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the relevant App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.

17.           We are not responsible for other websites you link to

17.1         Apps or Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

17.2         You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

18.           Licence

18.1         You will not own any Apps and Services. Instead we give you permission to use Apps and Services (also known as a “licence”) for the purpose of you using such Apps and Services in accordance with these terms.

18.2         If you download our Apps from the Apple App Store, your licence to use our Apps and Services is set out in the Licensed Application End User License Agreement in the Apple App Store Rules.

18.3         If you download our Apps from the Google Play Store, your licence to use our Apps and Services is set out in the Google Play Store Rules and in clauses 18.4 and 18.5 below.

18.4         Your licence to use our Apps and Services is not exclusive to you. We may supply our Apps and Services to other users.

18.5         You agree that you will:

18.5.1       not rent, lease, sub-license, loan, provide, or otherwise make available, any Apps or any Services in any form, in whole or in part to any person without prior written consent from us;

18.5.2       not copy any Apps or any Services or any documentation relating to such Apps and Services, except as part of the normal use of such Apps or where it is necessary for the purpose of back-up or operational security;

18.5.3       not translate, merge, adapt, vary, alter or modify, the whole or any part of any Apps or any Services or any documentation relating to such Apps and Services nor permit such Apps or Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use such Apps or Services on devices as permitted in these terms;

18.5.4       not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of any Apps or any Services nor attempt to do any such things, except to the extent that such actions do not constitute an infringement of copyright in any Apps under sections 80 or 81 of the Copyright and Related Rights Act 2000 provided that the information obtained by you during such activities:

18.5.4.1           is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve an objective described in section 80 or section 81 of the Copyright and Related Rights Act 2000 (a “Permitted Objective”); and

18.5.4.2           is kept secure; and

18.5.4.3           is used only for the Permitted Objective;

18.5.5       comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by any Apps or any Services.

19.           Acceptable use restrictions

You must not:

19.1         use any Apps or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into any Apps, any Services or any operating system;

19.2         infringe our intellectual property rights or those of any third party in relation to your use of any Apps or any Services (to the extent that such use is not permitted by these terms);

19.3         not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of any Apps or any Services;

19.4         not use any Apps or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

19.5         not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.

20.           Intellectual property rights

All intellectual property rights in any Apps or any Services or any documentation relating to such Apps and Services throughout the world belong to us (or our licensors) and the rights in such Apps and Services are licensed (not sold) to you. You have no intellectual property rights in, or to, any Apps or any Services or any documentation relating to such Apps and Services other than the right to use them in accordance with these terms.

21.           Our responsibility for loss or damage suffered by you

21.1         We are responsible to you for foreseeable loss and damage caused by us.  If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill.

21.2         We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

21.3         When we are liable for damage to your property.  If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

21.4         We are not liable for business losses.  Any Apps are for domestic and private use. If you use any Apps for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

21.5         Limitations to Apps and Services.  Any Apps and any Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from any Apps or Services. Although we make reasonable efforts to update the information provided by any Apps and any Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

21.6         Please back-up content and data used with Apps.  We recommend that you back up any content and data used in connection with any Apps, to protect yourself in case of problems with any Apps or any Services.

21.7         Check that Apps and Services are suitable for you.  Apps and Services have not been developed to meet your individual requirements. Please check that the facilities and functions of any Apps and any Services (as described on the relevant appstore site and in any documentation relating to such Apps and Services) meet your requirements.

21.8         We are not responsible for events outside our control.  If our provision of the Services or support for any App or any Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

22.           We may end your rights to use Apps and Services if you break these terms

22.1         We may end your rights to use any App and any Services at any time by contacting you if you have broken these terms in a serious way (for example, by breaching the acceptable use restrictions). If what you have done can be put right we will give you a reasonable opportunity to do so.

22.2         If we end your rights to use any Apps or any Services:

22.2.1       you must stop all activities authorised by these terms, including your use of any Apps and any Services; and

22.2.2       you must delete or remove any Apps from all devices in your possession and immediately destroy all copies of such Apps which you have and confirm to us that you have done this.

23.           We may transfer our rights to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

24.           You may not transfer your rights to someone else

Your licence to use any Apps and Services is personal to you. Therefore, you may not transfer your rights or your obligations under these terms to another person.

25.           If a court finds any term illegal, the rest of the terms will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

26.           Which laws apply to these terms and where you may bring legal proceedings

These terms are governed by Irish law and you can bring legal proceedings in respect of Apps and Services in the Irish courts.

 

MAXOL LOYALTY PROGRAMME – TERMS OF USE

1.              What these terms cover.  These terms apply specifically to your participation in our loyalty programme via the Maxol Loyalty App (“Maxol Loyalty Programme”). The Maxol Apps terms of use (available at www.maxol.ie/loyaltyapptermsandconditions) also apply generally to your use of the Maxol Loyalty App and your participation in the Maxol Loyalty Programme.

2.              Acceptance of terms.  By participating in the Maxol Loyalty Programme, you confirm that you accept these terms and you agree to comply with them. If you do not agree to these terms, you must not participate in the Maxol Loyalty Programme.

3.              Who it is for.  The Maxol Loyalty Programme is for consumers residing in the Republic of Ireland who wish to receive personalised information about our special offers and those of selected partners.

4.              Requirements for participation.  To participate in the Maxol Loyalty Programme you must:

4.1           be 18 years of age or older;

4.2           download the Maxol Loyalty App; and

4.3           create or already hold a Maxol Customer Account.

5.              Personal.  Your participation in the Maxol Loyalty Programme is personal to you.

6.              How the Maxol Loyalty Programme works.

6.1           When you purchase fuel or other products at participating MAXOL service stations, you may collect gold stars through the Maxol Loyalty App.

6.2           To collect gold stars you must log in to the Maxol Loyalty App on your smartphone and present an in-app QR code at the till prior to paying for your purchases.

6.3           You will collect a gold star for every €30.00 you spend on fuel and every €5.00 you spend in-store on other products (excluding alcohol, tobacco, lottery, paracetomol). Collecting gold stars will give you access to special offers.

6.4           If you collect 10 gold stars over a 90-day period, you become a Gold Member. Becoming a Gold Member will give you access to exclusive special offers.

6.5           We may also provide access to in-app games through the Maxol Loyalty App. Winning games will give you access to additional special offers and/or prizes.

6.6           Details of all special offers, promotions and competitions and any additional terms that apply to the Maxol Loyalty Programme from time to time are provided in the Maxol Loyalty App or sent to you via SMS, email or push notifications.

7.              Cost.  The Maxol Loyalty App and the Maxol Loyalty Programme are provided to our customers free of charge. Access to the Maxol Loyalty App and the Maxol Loyalty Programme may require your smartphone to have an internet connection and you are responsible to your mobile carrier or internet service provider for any data or internet charges incurred by you in accessing the Maxol Loyalty App and the Maxol Loyalty Programme.

8.              We may suspend or withdraw the Maxol Loyalty App or the Maxol Loyalty Programme.  We do not guarantee that the Maxol Loyalty App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Maxol Loyalty App or the Maxol Loyalty Programme for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

9.              Termination.  You have the right to stop participating in the Maxol Loyalty Programme at any time by deleting your Maxol Customer Account and/or the Maxol Loyalty App.

10.           Changes to terms  We may need to change the Maxol Loyalty Programme terms of use from time to time and you will be notified through the Maxol Loyalty App if we do so. If you do not accept the notified changes you will not be permitted to continue to use the Maxol Loyalty App and participate in the Maxol Loyalty Programme.

 

MAXOLFUEL PAY – TERMS OF USE

1.              What these terms cover.  These terms apply specifically to your use of the Maxol “FuelPay” service via the Maxol Loyalty App (“Maxol FuelPay Service”). The Maxol Apps terms of use (available at www.maxol.ie/loyaltyapptermsandconditions ) also apply generally to your use of the Maxol Loyalty App and your use of the Maxol FuelPay Service.

2.              Acceptance of terms.  By using the Maxol FuelPay Service, you confirm that you accept these terms and you agree to comply with them. If you do not agree to these terms, you must not use the Maxol FuelPay Service.

3.              Who it is for.  The Maxol FuelPay Service is for consumers residing in the Republic of Ireland who wish to pre-pay for fuel at a participating MAXOL service station via the Maxol Loyalty App.

4.              How the Maxol FuelPay Service works.

4.1           You may purchase fuel using the Maxol FuelPay Service at participating MAXOL service stations.

4.2           After you have parked your vehicle beside a Maxol FuelPay Service compatible fuel pump and switched off the vehicle’s engine, you may access the Maxol FuelPayService on the Maxol Loyalty App.

4.3           You will be prompted to confirm that you are located at a participating MAXOL service station.

4.4           Once you have confirmed your location, you select the code of the fuel pump at which you are parked. It will be marked on the pump dispenser. e.g 0101

4.5           You then select the fuel type, and the amount (in Euro) of fuel, that you wish to purchase.

4.6           You then select the method of payment. You have the option of storing payment card details to use with the Maxol FuelPay Service in the future.

4.7           Once you have confirmed the payment method, the fuel pump will be released for use and you can start dispensing fuel. Risk in the fuel passes to you when you lift the pump and start dispensing the fuel.

4.8           You may cancel a Maxol FuelPay Service transaction up until the point that you lift the pump and start dispensing fuel. A Maxol FuelPay Service transaction will be cancelled automatically if you do not lift the pump and start dispensing fuel within 90 seconds after confirming the payment method.

4.9           When the amount (in Euro) of fuel that you have selected during a Maxol FuelPay Service transaction has been dispensed the fuel pump will automatically stop dispensing fuel.

4.10         If you dispense less fuel than the amount (in Euro) of fuel that you have selected during a Maxol FuelPay Service transaction, you will only be charged for the amount (in Euro) of fuel dispensed.

4.11         If you:

4.11.1       cancel a Maxol FuelPay Service transaction; or

4.11.2       dispense less fuel than the amount (in Euro) of fuel that you have selected during a Maxol FuelPay Service transaction,

a hold may be placed by your payment card issuer on any amount that you have pre-authorised during a Maxol FuelPay Service transaction but has not been charged by us. You card issuer can advise on the applicable pre-authorisation procedures.

4.12         You will be issued with a digital receipt in respect of fuel purchased using the Maxol FuelPay Service.

5.              User restrictions and access.

5.1           You must be 18 years of age or older to use the Maxol FuelPay Service.

5.2           You must download the Maxol Loyalty App and create or already hold a Maxol Customer Account to use the Maxol FuelPay Service.

5.3           You must not access or use the Maxol FuelPay Service whilst driving.

5.4           You must allow the Maxol Loyalty App to access to your smartphone’s location in order to use the Maxol FuelPay Service.

5.5           You must only use the Maxol FuelPay Service at a participating MAXOL service station while you are still in your vehicle.

5.6           You must provide a valid payment method in order to use the Maxol FuelPay Service.

5.7           You must not use a debit/credit card as a payment method with the Maxol FuelPay Service without the consent of the owner of the card.

6.              Cost.  The Maxol Loyalty App and the Maxol FuelPay Service are provided to our customers free of charge. Access to the Maxol Loyalty App and the Maxol FuelPay Service may require your smartphone to have an internet connection and you are responsible to your mobile carrier or internet service provider for any data or internet charges incurred by you in accessing the Maxol Loyalty App and the Maxol FuelPay Service.

7.              We may suspend or withdraw the Maxol Loyalty App or the Maxol FuelPayService.  We do not guarantee that the Maxol Loyalty App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Maxol Loyalty App or the Maxol FuelPay Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

8.              Termination.  You have the right to stop using the Maxol FuelPay Service at any time.

9.              Changes to terms  We may need to change the Maxol FuelPay Service terms of use from time to time and you will be notified through the Maxol Loyalty App if we do so. If you do not accept the notified changes you will not be permitted to continue to use the Maxol Loyalty App and the Maxol FuelPay Service.

By accepting you will be accessing a service provided by a third-party external to https://maxol.ie/