Terms & Conditions
As a Focused employee you already have access to our free Rewards portal, but as a Rewards+ subscriber you can unlock even more benefits. Not only can you take advantage of exclusive discounts at thousands of your favourite high street retailers, but Rewards+ also gives you access to a BP Plus Fuel card which can save you up to 20p per litre, gym membership discounts of up to 25% across the UK, and a full 24/7 online GP service.
Online GP BHSF T&Cs
Introduction
The Website [https://www.bhsf.co.uk/] (the ‘Website’) is owned and operated by BHSF Employee Benefits Limited, a company registered in England and Wales with company number 03897857 whose principal place of business is at Gamgee House, 2 Darnley Road, Birmingham, West Midlands, B16 8TE. In these terms BHSF Employee Benefits Limited is referred to as ‘Us’, ‘We’, ‘Our’ and ‘BHSF’.
This page sets out the terms and conditions (‘the Terms’) under which You (the visitor) may use Our Website. These Terms apply whether You are a guest or a registered user, and whether You are just accessing or browsing the website, or registering and creating an
account with Us.
Please read these Terms carefully before You use Our Website, and contact Us or a legal advisor if You have any questions.
By using the Website You confirm that You have read, understood and agree to the Terms and that You agree to be bound by them. If You do not agree to be bound by the Terms, please do not proceed and please refrain from using Our Website.
In addition to these Terms, there are other terms which also apply to Your use of Our Website such as Our Privacy Notice and Cookie Policy:
• Our Privacy Notice sets out how We protect and use information that We collect or that You provide to Us when You use Our website [https://www.bhsf.co.uk/]
• Our Cookie Policy sets out information about cookies used when You use the Website [https://www.bhsf.co.uk/]
We update the Website regularly and You should note that We may change, withdraw or correct any Website content or Our products and services at any time. While We endeavour to keep the Website up to date, please be aware that on very limited occasions, content
may be out of date.
We may also change the Terms from time to time without notice. You should check this page regularly to take account of any changes as the Terms are legally binding on You.
Access to the Website
You are responsible for making all arrangements to enable You to access the Website. You must also ensure that all persons who access the Website through Your internet connection are aware of the Terms and that they comply with them.
We make all reasonable efforts to keep Our Website up and running smoothly. However, We may from time to time be required to suspend the operation of the Website, withdraw or restrict access to it or to parts of it without notice, including for repair, maintenance,
improvement or other technical reason. We do not guarantee that use of the Website will be uninterrupted or error-free.
We try to ensure that the Website is free from software bugs, viruses and other malicious or harmful content, but We do not guarantee that the Website will be completely secure or free from these items. It is important that You have in place suitable security and
protection software to protect Your computer and other devices.
If You use, or We provide You with details to access Our Customer Portal, such as a user identifier or password for then You must keep these confidential and do not disclose them to anyone else. If We believe, in Our reasonable opinion, that You have not complied with
the Terms, We reserve the right to suspend Your account or disable access to the Website via Your user identifier. Please change Your password and inform Us immediately at enquires@bhsf.co.uk if You know or suspect that Your user identifier or password is no
longer secure.
Use of the Website from outside the UK
Unless specified otherwise, the Website and its content cover Our products and services available in the UK or the Republic of Ireland (ROI) as applicable. If You access the Website from outside the UK or the ROI, please be aware that You are responsible for compliance
with any applicable local laws.
Information about You
We process information about You in accordance with our Privacy Notice [https://www.bhsf.co.uk/privacy/] and Cookie Policy [https://www.bhsf.co.uk/cookies/]. Please note that any telephone calls between us may be recorded for quality monitoring and training purposes.
Content of the Website
We have taken reasonable care in the preparation of the content of the Website. Information and materials provided by Us are provided in good faith using sources that We believe to be reliable. However, the content of the Website is provided for general
information only and is not intended to amount to advice upon which You should rely. Any reliance You place on such content is at your own risk.
You are responsible for ensuring that any information, goods or services available on or through the Website meet Your specific requirements and You should seek specialist advice before taking or refraining from taking any action based on the content available on
or via the Website.
We use reasonable endeavours to make sure that the information on the Website is correct, but We do not guarantee that the Website content is accurate, up-to-date, error-free, complete or suitable for Your particular requirements or will achieve any particular results
in Your or any case, and We do not guarantee that it does not infringe the rights of any third party.
Disclaimers and Limit of Liability
Please read these provisions carefully as they limit Our legal liability in connection with Your use of the Website. As far as is permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it. We shall be liable to You in respect of any fraud or other criminal act committed by Us, and in respect of any personal injury or death arising from Our negligence. All other liabilities
are excluded to the fullest extent permitted by English law.
Except where required by applicable law, We will not be responsible for or liable to any user or third party for any loss or damage arising in connection with:
the use of, or inability to use, the Website;
the use of or reliance on any content displayed on or given via the Website or any related social media or third party sites;
any errors or inaccuracies in such content;
use of websites linked to Our Website;
any unavailability of the Website;
the use of or reliance on content submitted by any user of the website, whether appearing on the Website or on a related social media site or other related third party site;
a virus or other technologically harmful material that may affect Your computer, software, data or other materials and which arises from Your use of the Website or Your downloading of any content.
If You are a business, You may only use the Website for Your own internal business purposes and please note that We will not be liable for:
loss of profits, sales, business, or revenue;
loss of use, or any business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If You are a consumer, please note that the Website is for Your private use only and You agree that You will not use it for any commercial or business purposes. We will not be liable to You for any loss of profit, loss of business, business interruption, or loss of business
opportunity.
Copyright and Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Website, the computer code comprising the Website, and in the content on the Website including any materials published on it. The Website and these materials, including any trademarks and
logos, is copyright of BHSF or Our licensors, and all rights are reserved.
Unless We have given You Our express written permission, You may not commercially exploit, or use for any commercial purpose whatsoever, all or any part of the Website or its content. If You wish to make enquiries about a licence to reproduce material from the
Website, please contact Us or the copyright owner.
Unless We have given You Our express written permission, You are not allowed to copy, download, print, redistribute, reproduce, transmit, broadcast, record, edit, re-post any part of or all of the Website or its content in any form, except that:
You may print off one copy of the content and may download extracts of the content in an unaltered form for Your personal reference and non-commercial use only;
You may copy the content to individual third parties for their personal and non-commercial use, but only if You acknowledge the Website as the source of the material and also acknowledge Our intellectual property rights in the content.
You must also acknowledge Our status (and that of any contributors) as originators and authors of the content.
You must not modify any such copies or downloads, and any illustrations, photographs, video sequences or graphics must include their accompanying text.
Linking to and from Our Website
Our Website must not be framed on any other site without Our prior written permission, nor may You create a link to any part of Our Website other than the homepage. We reserve the right to withdraw linking permission without notice at Our sole discretion.
You may link to Our homepage provided that You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
You must not establish a link from any website not owned by You, and the website from which You are linking must comply in all material respects with the principles set out in Our content standards set out below and the Terms.
You may find that the Website includes links to other websites provided by third parties. These links are provided for Your convenience and We have no control over and shall not be responsible for the content of any linked websites. The existence of any links does not imply that We recommend or endorse the content in any linked websites.
Your Use of the Website
You may only use the Website for lawful purposes and You may not use it in a way that infringes anyone else’s rights or that restricts or inhibits anyone else’s enjoyment of the Website.
You are prohibited from using or exploiting Our Website or content:
for any commercial purposes without Our express written permission;
for data mining or for market research purposes or for collecting users’ personal or contact information;
for the purpose of harming or attempting to harm anyone in any way;
to divert users to other websites;
to promote, advertise or market any other services or products without Our prior written approval;
for any unlawful or fraudulent purpose, or in a way which breaches any applicable local, national, or international law or regulation;
to transmit, or procure the sending of unsolicited or unauthorized advertising or promotional material (spam);
to knowingly transmit, send or upload any data or material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware or other programs or code designed to harm or adversely affect the operation of any computer software or hardware;
to interfere with, damage or disrupt the Website or any part of it including any computer code, equipment, network comprising or used in the provision of the Website.
You must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored, or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, your right to use Our Website will cease immediately.
Please note that any unauthorised use of the Website, any part of it or its content may give rise to a claim for damages and may be a criminal offence.
Submitting Enquiries
All enquiries submitted to Us should be polite, in English and must not:
contain any material which is defamatory of any person or which is obscene, offensive, hateful or inflammatory;
be threatening, abusive or be likely to harass, upset, embarrass, alarm or annoy any other person;
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Governing Law
If You are a consumer, please note that the Terms, their subject matter and their formation, are governed by English law. You and We both agree to that the courts of England will have non-exclusive jurisdiction over any claim arising from or related to a visit to the Website. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are resident of Scotland, you may also bring proceedings in Scotland.
If You are a business, the Terms, their subject matter and their formation (and any noncontractual disputes or claims) are governed by English law. You and We both agree to the exclusive jurisdiction of the courts of England over any claim arising from or related to a visit to the Website, although We retain the right to bring proceedings against You for breach of the Terms in Your country of residence or any other relevant country.
General
If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
The Terms, together with Our Privacy Policy and Cookies Policy, constitute the entire agreement between You and Us with respect to the subject matter hereof and shall supersede all previous representations, agreements and other communications between You and Us, both oral and written.
Our Contact Details
To contact Us, send an email to enquiries@bhsf.co.uk or call on 0800 622 552 or via the Contact page on the Website.
BP Plus Fuel Card Terms and Conditions
The following Terms and Conditions shall apply to, and govern the use of, the BP Plus Fuel Card the Customer has ordered through the Advantage service.
1. Definitions and Interpretation
1.1 In these Terms and Conditions the following words, terms or expressions have the following meanings:
Advantage: means the website provided to the Customer to complete an Application Form to request a Card;
Agreement: means the binding contract between the Company and the Customer governing the operation of the Customer’s account and the use of the Card and bound by these Terms and Conditions;
Annual Fee: means the annual administration fee for the Card. Application Form: means the online form headed “Order Fuel Card”, completed and submitted online, to which these Terms and Conditions are incorporated;
BP: means the fuel forecourts that the Card can be used.
Card: means the BP Plus Fuel Card ordered by the Customer from the Company which can be used to obtain Standard Fuel from BP service stations;
Company: means People Value Limited, Company number 4516741, whose registered office is at Victor House, Wheatley Business Centre, Old London Road, Wheatley Oxon and its authorised affiliates or subsidiaries;
Credit Limit: means the Customer: means any person that has ordered a Card through the Advantage service who is specified in the Application Form and in whose name the account relating to the Card(s) is to be held;
Direct Debit: means the instruction to the Customers bank detailed in the Application Form to entitle Company to request funds to pay for the Products purchased by the Customer using the card;
Full Pump Price: means the price as shown on the pump or other point of sale material in force at the time of the transaction;
Fuel Limit means the maximum amount expressed in money terms of transactions in any given month whether invoiced or not.
Order: means the completion of the Application Form and the acceptance of the Order by Company;
PIN: means the Personal Identification Number issued for use in conjunction with a Card;
Products: means the Standard Fuel that can be purchased using the Card from BP service stations;
Scheme: means the Scheme which the Customer is part of that allows them to place an Order;
Service: means the Card and its purpose of purchasing Standard Fuel at Supplier’s service stations;
Standard Fuel: means either standard diesel or unleaded fuel and precludes any premium fuels or other products available from BP;
Supplier: means any BP service station from time to time nominated by the Company or the Card Operator within a network of sites who has been approved and authorised by the Company or the Card Operator to accept payment for Products by means of a Card;
Weekly Price: means the fixed weekly price payable per litre for fuel which will be available to the Customer on a weekly basis.
1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and, in the plural, include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Condition headings do not affect the interpretation of these Terms and Conditions.
1.6 Where the Customer is a person and there is only one Authorised Cardholder, references below to the Authorised Cardholder shall also mean the Customer and vice versa.
1.7 Where the Customer consists of two or more persons such expression throughout shall mean and include such two persons and each or any of them. All obligations of the Customer are joint and several obligations of such persons.
2. Acceptance
2.1 All Application Forms for the issue of Cards shall be accepted at the absolute discretion of the Company and shall be subject to these Terms and Conditions.
2.2 The Customer’s completion of the Application Form online shall be deemed to be an offer by the Customer to open an account with the Company subject to these Terms and Conditions, which will apply to the exclusion of all other terms and conditions, and to enter into an Agreement.
2.3 All drawings, brochures, descriptive matter, price lists or advertisements howsoever supplied are approximate only and intended for general guidance and information purposes only and shall not form part of the Agreement. The parties hereby acknowledge and confirm that they have not entered into the Agreement in reliance
upon any representation or warranty or other undertaking not fully reflected in the terms of the Agreement.
2.4 The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Agreement. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
3. Ownership of the Cards
The Cards remain the property of the Company at all times and shall be returned to the Company by the Customer promptly at the Company’s request.
4. Issue of Cards
4.1 If an Application Form is accepted by the Company and an Agreement is formed, Cards will be despatched by the Company to the Customer’s address within 15 working days from the first years Annual Fee payment being received by Company from Customer via Direct Debit. The annual Card issue fee will show on the Customers Advantage account.
4.2 All risk of loss will pass to and be borne by the Customer from the date of despatch of the Card.
4.3 The Customer shall receive via SMS text a PIN for the Card supplied to the Customer for use in the United Kingdom.
4.4 No Card will be valid unless the signature strip on the reverse of the Card has been signed by the Customer.
4.5 The Company will endeavour to notify the Customer when a Card is due for renewal, but it is the Customer’s responsibility to arrange a timely replacement of a Card held before the relevant expiry date and to request a new Card when any Card is lost, stolen or damaged. The Company shall not be liable for any direct, indirect or consequential loss suffered by the Customer as a result of the Customer’s failure to request any renewal or replacement Card in accordance with this condition.
5. Use of the Cards
5.1 The issue of Card to the Customer shall permit the Customer to purchase standard fuel from BP.
5.2 The Card remains the responsibility of the Customer at all times and may only be used:
(a) by the Customer to obtain Products from BP; (b) if the Customer inputs the PIN where required by BP; (c) if it is a current Card that has not expired or been stopped or cancelled and during the period of validity embossed on the Card; (d) in accordance with these Terms and Conditions and any particular instructions or procedural requirements indicated by BP; and (e) if it has not been reported as lost or stolen in accordance with condition 14.
5.3 The right is reserved by the Company to unilaterally withdraw at any time any entitlement to purchase the Products for which the Card can be used and to issue to the Customer a new Card indicating the appropriate Products in replacement of the previous Card.
5.4 The Customer shall be liable for all purchases made using the Card subject to condition 14 irrespective of the driver or vehicle in respect of which the supplies were made.
5.5 The Customer shall be solely responsible for the safe-keeping and security of any Card issued to them and for their correct use in accordance with these Terms and Conditions.
5.6 It is the Customer’s responsibility to prevent fraudulent use of the Cards.
5.7 All Cards shall be used only for the purchase of Products from BP and shall not be used as the basis of cheque guarantee or for other similar use.
5.8 The Customer shall be liable for all amounts due under any Card transaction.
5.9 The Customer shall not tamper with or try to alter or interfere with the fuel monitoring device or fuel delivery equipment at the site of any BP service station. In the event there appears to be a defect or fault in such monitoring or fuel delivery equipment the Customer shall forthwith report the same to BP.
5.10 BP may refuse to accept a Card which is not being used in accordance with the restrictions placed on the Card or where the PIN has been incorrectly entered.
6. Purchase of Products
6.1 The Customer acknowledges that use of a Card for the purchase of Products constitutes a purchase of such Products from the Company through the Supplier of such Products.
6.2 The Company cannot give any warranty that the Products will be available to purchase from the Supplier.
6.3 Risk in Products will, where relevant, pass on delivery. Title in the Products will not pass from to the Customer until such Products have been paid for in full by the Customer.
7. Price of Products
7.1 The Customer must pay the Company for all Products obtained from use of the Card.
7.2 The Company reserves the right to vary rebates, discounts, allowances, premiums or surcharges at any time and reserves the right to make an administration charge in respect of any stopped or replacement Cards.
7.3 All prices are subject to all Government or other taxes, duties, levies, charges, surcharges, assessments or impositions where applicable at the appropriate rate.
7.4 The Company may alter or withdraw the Weekly Price at any time by giving notice to the Customer and may alter or withdraw any other price quoted at any time without notice.
8. Additional Charges
8.1 The Company charges a fee to the Customer for the issue of each Card (either on setting up of the Customer’s account and/or upon replacement or renewal of the Card) and charge an Annual Fee for the account as set out on the website.
8.2 The Company may charge such other reasonable fees and charges as are notified to the Customer from time to time.
8.3 Any purchases made from BP that is not a supported using the Card will be charged at the Full Pump Price plus an additional handling charge.
8.4 For lost or stolen cards a replacement Card must be ordered on the Advantage service and any Annual Fee paid by the Customer will not be refundable for the lost or stolen card and a new Annual Fee will be payable by the Customer for the replacement Card.
9. Payment
9.1 On completion of an Order and after a two-week cooling off period an instruction will be placed through the Direct Debit mandate for the Annual Fee payment for the Card.
9.2 A list of transactions will be available to view on the Customer’s online account within 7 days of the Customer incurring the Product spend detailing all purchases on the Customer’s account processed to the date of the request for payment by Direct Debit.
9.3 Payment shall be made immediately in full weekly by Direct Debit from such account as specified on the Application Form.
9.4 For the avoidance of doubt, if the Direct Debit payment due date falls on a Saturday, Sunday or Bank Holiday, payment will be taken on the following working day.
9.5 The Company reserves the right, in its absolute discretion, to withdraw or alter any agreed Credit Limit at any time without notice.
9.6 All sums due to the Company shall be immediately due and payable on demand.
9.7 The Customer cannot purchase Products to a value in excess of the Credit Limit.
9.8 In order to comply with the Direct Debit requirements the Customer shall at all times:
(a) maintain a bank account capable of processing Direct Debits; (b) keep the Company provided with an effective Direct Debiting mandate against such account; and (c) ensure that every Direct Debit properly instanced by the Company against such account is duly met with a payment.
9.10 If a Customer’s payment by Direct Debit fails or any other payment is not honoured, the Company shall immediately suspend and cancel the Card and the Customer will provide the Company with an alternative payment mechanism for the sums due to the Company.
9.11 Customer may only order a new card once they have paid the Company any outstanding payments from use of the Card up to the point that the Card was suspended and cancelled.
9.12 If the Compnay is unable to collect by whatever means the outstanding payment from the Customer the Company will pass the debt to their appointed debt recovery agency which may result in legal action to secure the outstanding debt.
10. Electronic Transaction Statement
10.1 The Company shall display the Customer’s fuel transactions on the Customer’s Advantage online account.
10.2 The Customer is responsible for informing their local tax office, if required, of any taxable benefit the Customer may receive in using the Card.
11. Customer Queries
11.1 In determining whether a Customer has obtained Products using the Card, the Company’s computer records shall, in the absence of fraud or manifest error, be deemed conclusive evidence of the charges incurred by the Customer.
12. Term and Termination/Cancellation
12.1 Unless otherwise agreed in writing, the Agreement may be terminated by Company at any time for any reason with immediate effect by giving the other party written notice including via email or SMS text.
12.2 The Company will stop or cancel an individual Card on the Customer’s request.
12.3 Subject to clause 12.1 and 12.2 the term of the card is 24 months from the date the Customer ordered the card.
12.4 If Customer no longer is part of a Scheme that provides access to the Service, the Card will be automatically cancelled.
13. Consequences of Termination or Cancellation
13.1 In the event of termination, cancellation or stoppage of the Card, the whole outstanding balance of the Customer’s Card account shall become due and payable immediately in full in cleared funds to the Company and the Customer must stop using the Card. If the Customer uses or attempts to use any Card after cancellation, stoppage or termination the Company may make an administration charge on top of any costs of Products purchased.
13.2 In the event of termination or cancellation by whatever means, the Customer shall return all the Card to the Company within 7 days.
13.3 Notwithstanding any other provisions of the Agreement, the Customer will remain liable in respect of any transactions made with the Card after its cancellation or after termination of the Agreement.
13.4 The termination of the Agreement, howsoever arising, shall be without prejudice to the rights and duties of the Company accrued prior to termination. The Terms and Conditions which expressly or impliedly have effect after termination shall continue to be enforceable notwithstanding termination.
14. Lost or Stolen Cards and Security
14.1 If a Card is lost, stolen (including constructive theft as a result of any person in possession of a Card having ceased to be a Customer through termination of employment or otherwise), mislaid, damaged, fraudulently reproduced or subject to such other similar circumstances, the Customer must immediately notify the Company of such event by e-mail, fax or telephone (the “Customer’s Notification”). The Customer should note that, for the purposes of the Customer’s Notification, proof of sending is not proof of receipt and an acknowledgement must be received from the Company in order to complete the Customer Notification.
14.2 When the Company receives the Customer’s Notification it will notify the Card operator and the Card will be placed on stop. Provided condition 14.10 has been complied with, the Customer shall have no further liability for Card transactions made after the Card Operator has been able to affect the stop at all sites other than for transactions made by the Customer prior to the time of the stop.
14.3 The Customer shall give to the Company and/or the Card operator all information in their possession as to the circumstances of the loss and shall take all reasonable steps to assist the Company and/or the Card operator to recover the missing card.
14.4 The Customer shall ensure that it keeps the Card and PIN safe at all times with the PIN being kept separate from the Card at all times. The PIN must not be written on the Card and if it is necessary to keep a written record of the PIN it shall be adequately disguised so as to prevent unauthorised use.
14.5 The PIN must not be disclosed by the Customer to any other person. If the PIN is disclosed to an unauthorised person, the Customer must immediately notify the Company in accordance with this condition 14. The Customer shall be liable for all transactions on a Card made by a third party who has obtained the PIN for that Card.
14.6 Subject to this condition 14, the Customer undertakes to indemnify the Company from and against all losses, claims, demands, expenses or costs which the Company suffers or incurs as a result of or in connection with the use of the Card by a person other than the Customer. This indemnity shall survive the expiry or early termination of these Terms and Conditions.
14.7 Replacement cards must be ordered through the Customers Advantage service and will incur a new Annual Fee.
14.8 No refunds of Annual Fees will be payable by the Company for any provision in this condition 14.
15. Resale
15 The Card issued to the Customer shall not be used by the Customer for any purpose other than for fuel in the Customer’s own vehicles and shall not be resold or otherwise disposed of to any other persons.
16. Change of Details
The Customer shall immediately notify the Company in writing of any changes in the Customer’s name, address, bank details, or any other material change.
17. Limitation of Liability
17.1 Subject to the other provisions of these Terms and Conditions the provisions of this condition 17 set out the entire financial liability of the Company.
17.2 Nothing in these Terms and Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or for fraud or fraudulent misrepresentation.
17.3 Subject to condition 17.2:
(a) the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to £1,000.; and (b) the Company shall not be liable to the Customer for: (i) any pure economic loss; (ii) or, loss of profit; or (iii) loss of business; or (iv) depletion of goodwill or otherwise; (v) in each case whether direct, indirect or consequential; or (vi) or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Agreement; and (c) the Company shall not be liable to the Customer for any loss resulting from the condition, quality or efficiency of any fuel or other Products or Services or arising out of or in connection with the storage, use or handling of the Products under the Agreement. (d) The Company accepts no liability and gives no warranty, express or implied, whether arising by common law or statute under the Agreement in relation to any Products supplied to the Customer as a result of use of the Card and the Company’s only liability is in relation to the provision of the Card itself as a mechanism for obtaining Products. Liability in relation to the purchase of the Products is a contract between the Customer and the Supplier and the standard consumer warranties for the provision of the Products will apply between the Customer and Supplier.
18. Indemnity
18.1 The Customer shall indemnify the Company and keep the Company indemnified against any claim made against the Company by any third party for death, personal injury or damage to property arising out of or in connection with use of any Products purchased using the Card save as to the extent that such death, personal injury or damage to persons or property is not as a result of the negligence of the Company.
18.2 The Customer shall take notice when handling or using the Products or having access to them to any instructions, warnings or suggestions concerning the methods whereby or the conditions whereupon they should be used or handled or other literature relating to the Products or upon any label attached to them and ensure compliance by any person using or handling them with the instructions, warnings or suggestions mentioned or referred to in this condition.
18.3 Customer shall indemnify the Company in respect of any loss or liability whatsoever or whensoever suffered or incurred by the Company by reason or any breach by the Customer of condition 18.2 or by reason of any failure by the Customer to comply with the warnings, suggestions or instructions referred to in condition 18.2.
19. Data Protection
19.1 The Company will comply with the DPA meaning the Data Protection Act 2018 replaced or superseded from time to time, including without limitation by the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council (“GDPR”) and collectively with the foregoing “EU Data Protection Laws” and any data protection laws substantially amending, replacing or superseding the GDPR following any exit by the United Kingdom from the European Union together with binding guidance and codes of practice issued from time to time by relevant supervisory authorities;
19.2 The Customer acknowledges that their personal data may be held, processed and used in ways provided for in the Company’s privacy policy.
20. Force Majeure
If the performance of the Agreement by the Company shall be delayed by any circumstances or conditions beyond the reasonable control (including without limitation, fire, flood, war, acts of terrorism, acts of God, government actions, strikes, lock outs and fuel shortages) of the Company, the Company shall have the right at its option: (a) to suspend further performance of the Agreement until such time as the cause of the delay shall no longer be present; or (b) to be discharged from further performance of and liability under the Agreement.
21. Assignment
21.1 The Company may assign the Agreement or any part of it to any person, firm or company.
21.2 The Customer shall not be entitled to assign the Agreement or any part of it without the prior written consent of the Company.
22. General
22.1 Each right or remedy of the Company under the Agreement is without prejudice to any other right or remedy of the Company whether under the Agreement or not.
22.2 If any provision of the Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable,
unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Agreement and the remainder of such provision shall continue in full force and effect.
22.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Agreement shall not be construed as a waiver of any of its rights under the Agreement.
22.4 Any waiver by the Company of any breach of, or any default under, any provision of the Agreement by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Agreement.
22.5 The parties to the Agreement do not intend that any term of the Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
22.6 The Company reserves the right to sub-contract the fulfilment of the Contract or any part thereof.
22.7 The formation, existence, construction, performance, validity and all aspects of the Agreement shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts.
23. Communications
23.1 All communications between the parties about the Agreement shall be in writing and delivered by hand or sent by pre-paid first class post or sent by e-mail:
(a) (in case of communications to the Company) to its registered office, Victor House, Wheatley Business Centre, Old London Road, Wheatley, Oxford OX33 1XW or such changed address as shall be notified to the Customer or in the case of e-mail to csdept@peoplevalue.co.uk or as notified to the Customer by the Company from time to time; or (b) (in the case of the communications to the Customer) to the address of the Customer set out on their Advantage account which forms part of the Agreement or such other address as shall be notified to the Company by the Customer or in the case of email such email as on the Customers Advantage account or e-mail address notified to the Company by the Customer from time to time.
23.2 Communications shall be deemed to have been received:
(a) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or (b) if delivered by hand, on the day of delivery; or (c) if sent by e-mail on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
23.3 Communications addressed to the Company shall be marked for the attention of Customer Services.
24. Variation
The Company reserves the right at all times to vary any of the terms of the Agreement at any time. Publication of any variation or addition by such means at the Company may reasonably select and notification to the Customers online Advantage account shall constitute effective notification to the Customer. Customer is advised to check their online account at least once a month. © 2019 People Value Ltd (v1.02 March 2019)
