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Last Revised: August 31st, 2018

NOTICE: The Privacy Policy below will become effective September 1st, 2018.

Amber Fuels cares about your privacy. For this reason, we collect and use personal data only as it might be needed for us to provide to you our world-class services, products and mobile applications (collectively, our "Services").

Your personal data includes information such as:

Name
Date of Birth
Address
Phone Number
Email Address
Vehicle Registration Number
Vehicle Manufacturer’s Name
Vehicle Model Name

Other data collected that could directly or indirectly identify you.

Our Privacy Policy is intended to describe to you how and what data we collect, and how and why we use your personal data. It also describes options we provide for you to access, update or otherwise take control of your personal data that we process.

If at any time you have questions about our practices or any of your rights described below, you may reach our dedicated team that supports this office by contacting us at info@amberfuels.com. This inbox is actively monitored and managed so that we can deliver an experience that you can confidently trust.

You can update the information we retain on you and use to manage your ongoing experience with us when doing business at any time by going to your profile in the mobile application and modifying the information anytime or by sending us an email at info@amberfuels.com.

Amber Fuels Limited ("We") are committed to protecting and respecting your privacy. This policy (together with our terms of use and any other documents referred to on it), sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting amberfuels.com you are accepting and consenting to the practices described in this policy.

WHAT INFORMATION DO WE COLLECT?

We collect information so that we can provide the best possible experience when you utilize our Services. Much of what you likely consider personal data is collected directly from you when you:

  • create your profile on the mobile application or purchase any of our Services (ex: billing information, including name, address, credit card number, government identification);
  • Request assistance from our customer support team (e.g.: via phone number, live chat, email support);
  • Complete contact forms or request newsletters or other information from us (e.g.: email); or
  • Participate in contests and surveys, apply for a job, or otherwise participate in activities we promote that might require information about you.
  • However, we also collect additional information when delivering our Services to you to ensure necessary and optimal performance. These methods of collection may not be as obvious to you, so we wanted to highlight and explain below a bit more about what these might be (as they vary from time to time) and how they work:
  • Account related information is collected in association with your use of our Services, such as account number, purchases and customer service requests and notes or details explaining what you asked for and how we responded.
  • Cookies and similar technologies on our websites and our mobile applications allow us to track your browsing behavior, links clicked, items purchased, your device (mobile) type, and to collect various data, including analytics, about how you use and interact with our Services. This allows us to provide you with more relevant product offerings, a better experience on our sites and mobile applications, and to collect, analyze and improve the performance of our Services. We may also collect your location (IP address) so that we can personalize our Services. For additional information, and to learn how to manage the technologies we utilize, please read our Cookie Policy below.
  • Data about Usage of Services is automatically collected when you use and interact with our Services, including metadata, log files, cookie/device IDs and location information. This information includes specific data about your interactions with the features, content and links (including those of third-parties) contained within the Services, Internet Protocol (IP) address, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data, information about the device accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and error data, and some of this data collected might be capable of and be used to approximate your location.
  • Information you give us. You may give us information about you by filling in forms on our site amberfuels.com (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph, and location-based data.
  • Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
  • We will not save the entire card number/cvc2/cvv2 during online purchase. Only the last 4 digits of the card number will be stored for sending receipts to customers.
  • Technical information, including the Internet protocol (IP) address used to connect your device to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  • Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
  • Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

COOKIES

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and allows us to improve our site. Cookies enable us to identify what browser you are using, or you when you have logged into your account on our server. We use cookies that are strictly necessary to enable you to move around the site or to provide certain basic features. We use cookies to enhance our ability to analyze our web traffic using Google Analytics. We also use cookies to help us to provide international language support and translation services integrated into our website.

We don't sell the information collected by cookies, nor do we disclose the information to third parties, except where required by law (for example to government bodies and law enforcement agencies).

HOW WE UTILIZE INFORMATION

We strongly believe in both minimizing the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services you purchase or interact with, or (3) as we might be required or permitted for legal compliance or other lawful purposes. These uses include: Delivering, improving, updating and enhancing the Services we provide to you. We collect various information relating to your purchase, use and/or interactions with our Services. We utilize this information to:

  • Improve and optimize the operation and performance of our Services (again, including our websites or applications)
  • Diagnose problems with and identify any security risks, errors, or needed enhancements to the Services
  • Detect and prevent fraud and abuse of our Services and systems
  • Collecting aggregate statistics about use of the Services
  • Understand and analyze how you use our Services and what products and services are most relevant to you. Often, much of the data collected is aggregated or statistical data about how individuals use our Services, and is not linked to any personal data, but to the extent it is itself personal data, or is linked or linkable to personal data, we treat it accordingly.

How we use the information held about you.

  • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
  • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
  • to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we may collect your data (the order form);
  • to notify you about changes to our service;
  • to ensure that content from our site is presented in the most effective manner for you and for your computer.

Information we collect about you. We will use this information:

  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
  • to allow you to participate in interactive features of our service, when you choose to do so;
  • as part of our efforts to keep our site safe and secure;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
  • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
  • Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

DISCLOSURE OF YOUR INFORMATION

  • We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the Companies Act of Jamaica.
  • We may share your information with selected third parties including: Business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.
  • Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
  • Analytics and search engine providers that assist us in the improvement and optimization of our site.
  • Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
  • We may disclose your personal information to third parties:
  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If Amber Fuels Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Amber Fuels Limited, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

SHARING WITH TRUSTED THIRD PARTIES

We may share your personal data with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third-party service providers as necessary for them to perform services on our behalf, such as:

  • Processing credit card transactions at your request -we never retain any Credit Card Information directly ourselves and once a transaction is processed it is not available to us any longer for any purpose.
  • Trusted Resellers who you have designated and authorized to represent you when purchasing our products, if you wish to change your designated Reseller at a later date, You, not the Reseller will need to inform us directly of this change.
  • Performing analysis of our Services and customers demographics
  • Communicating with you, such as by way email or survey delivery
  • Customer relationship management.

We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent).

WHERE WE STORE YOUR PERSONAL DATA

The data that We collect from you may be transferred to, and stored at, a destination outside Jamaica. It may also be processed by staff operating outside of Jamaica who work for us or for one of our suppliers. These staff may be engaged in the fulfilment of your orders, requests or queries, the processing of your payment details (if any) and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted. Where We have given you (or where you have chosen) a password that enables you to access certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorized access. We may collect and store personal data on your device using application data caches and browser web storage (including HTML 5) and other technology.

WEBSITE AND APP ANALYTICS

We use multiple web analytics tools provided by service partners such as Google Analytics, MixPanel and Singular to collect information about how you interact with our website or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (e.g.: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies. You can control the technologies we use by managing your settings through our 'cookie banners' that may be presented (depending on the URL of website visited) when you first visit our webpages, or by utilizing settings in your browser or third-party tools, such as Disconnect, Ghostery and others.

THIRD-PARTY WEBSITES

Our website and our mobile applications contain links to third-party websites. We are not responsible for the privacy practices or the content of third-party sites. Please read the privacy policy of any website you visit.

HOW YOU CAN ACCESS, UPDATE OR DELETE YOUR DATA

To easily access, view, update, delete or port your personal data (where available), or to update your subscription preferences, please sign into your profile and update the information available to you there - this is the primary location for all personal data we retain and use on an ongoing basis to manage our relationship other than any historical data we have retained with regards to any prior transactions or service/support requests you may have previously exchanged with us.

If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.

If you are unable for any reason to access your Account Settings or our Privacy Center, you may also contact us by one of the methods described in the "Contact Us" section of our website.

HOW WE SECURE, STORE AND RETAIN YOUR DATA.

We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilization of encryption where appropriate. We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:

  • mandated by law, contract or similar obligations applicable to our business operations;
  • for preserving, resolving, defending or enforcing our legal/contractual rights; or

If you have any questions about the security or retention of your personal data, you can contact us at info@amberfuels.com

'DO NOT TRACK' NOTIFICATIONS

Some browsers allow you to automatically notify websites you visit not to track you using a "Do Not Track" signal. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, we currently do not alter our practices when we receive a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you may wish to visit www.allaboutdnt.com.

AGE RESTRICTIONS.

Our Services are available for purchase only for those over the age of 18. Our Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal data, please contact us.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we may use to collect your data. You can also exercise the right at any time by contacting us at info@amberfuels.com.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy as you will be bound by the policy when you use the site.

CONTACT US

If you have any questions, concerns or complaints about our Privacy Policy, our practices or our Services, you may contact our Office of the DPO by email at info@amberfuels.com In the alternative, you may contact us by mail to: Data Privacy Officer, Amber Fuels LTD, 7-9, Harbour Street, Kingston, Jamaica, W.I. We will respond to all requests, inquiries or concerns within thirty (30) days.

PLEASE READ CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE BY DOWNLOADING THE APP AND CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST CANCEL THE DOWNLOAD. This end-user licence agreement (EULA) is a binding agreement between you and Amber Fuels Limited (Licensor / us or we) for use of Amber Fuels mobile application software, the data supplied with the software, and the associated media (App).

ACKNOWLEDGEMENTS

The terms of this EULA apply to the App, any Services accessible through the App (Services), including any updates or supplements to the App or Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source License may override some of the terms of the EULA. We may change these terms at any time. You agree to read them from time to time and that your continued use of the App will mean you agree to any such changes. From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

You may be charged by your service provider for internet access on the device. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any device, whether or not it is owned by you.

The terms of our privacy policy at amberfuels.com (Privacy Policy) are incorporated herein by reference and apply once the Service being used by you does not have a separate privacy policy. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

The App may be used with Services governed by third party contracts, terms of use and privacy policies. On your use of them, you will also be bound by those contracts, terms of use and privacy policies. By using the App or any of the Services, you consent to us dealing with your information in accordance with the Privacy Policy including: collecting and using technical information about the device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you; and sharing your account information and personal data with our third party service partners to ensure the effective activation and provision of Services hereunder;

Certain Services will make use of location data sent from the device. If you use these Services, you consent to us and our third-party partners, 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.

The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

GRANT AND SCOPE OF LICENCE

In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the device, subject to these terms, the Privacy Policy and rules or policies applied by any app store provider or operator from whose site (App Store), you downloaded the App (App Store Rules) incorporated into this EULA by reference. We reserve all other rights. We have not limited the number of devices to which you may download the App provided it is only for your personal display and use.

LICENCE RESTRICTIONS

Except as expressly set out in this EULA or as permitted by any local law, you agree to each and all of the following License Restrictions: not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security; not to adapt, alter, vary or modify the App or any part of it, nor attempt to do so; not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by law) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App with another software program, and provided that the information obtained by you during such activities: (a) is used only for the purpose of achieving interoperability of the App with another software program: (b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (c) is not used to create any software that is substantially similar to the App; to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App; to include our copyright notice on all entire and partial copies you make of the App on any medium; not to sell, re-sell or otherwise exploit for any commercial purpose nor provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),

ACCEPTABLE USE RESTRICTIONS

You also agree to each and all of the following Acceptable Use Restrictions: You must:- not use the App or any Service in any fraudulent, malicious or unlawful manner, or for any fraudulent, malicious or unlawful purpose, or in any manner inconsistent with this EULA or the laws of Jamaica; not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA); not transmit or otherwise make available in connection with the App any virus, worm, Trojan horse, or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment; not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users ; and not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. You should be aware that you might be liable to criminal penalties if you use the App in any of the ways prohibited above.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights in the App, and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, or the Technology other than the right to use each of them in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the App in source-code form.

LIMITED WARRANTY

We warrant that the App will, when properly used and on an operating system for which it was designed and with the requisite data connection, perform substantially in accordance with the functions described on amberfuels.com. The App is however used at your own risk, we do not warrant that it is compatible with any other security system you may use and should not be relied upon to provide specific security, consultancy, logistic or other advice, for which you should rely on the advice of a professional or official personnel. You should acquaint yourself with the Customer Advisory and Product Disclaimer provided with the Products when purchased. If you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to a free download of the App, but nothing further. The warranty does not apply: if the defect or fault in the App or any Service results from you having altered or modified the App or tried to do so; if the defect or fault in the App results from you having used the App in breach of the terms of this EULA; if the failure to obtain the results you seek were never offered by this App or were as a result of your act or omission; if the failure to obtain the results you seek are due to an Event Outside of Our Control; or if you breach any of the Licence Restrictions or the Acceptable Use Restrictions. For the avoidance of doubt, We do not warrant that any of the functions of the App will be uninterrupted or error-free, nor that the server which makes the App available will be virus free. Although significant efforts have been made to ensure that the information in the App is as accurate as possible, We give no warranty to that effect and accept no responsibility for the accuracy or completeness of the App. The information on the App may be changed or withdrawn without notice to you. Should you have any concerns about how the App functions, you may contact us at info@amberfuels.com.

LIMITATION OF LIABILITY

You acknowledge (a) that the App has been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the and App as described on the website meet your requirements (b) that the App relies on coordinates from GPS Satellite signals and Third Party information including mapping information and therefore we do not warrant accuracy of the coordinates or content provided by such signals or Third Parties; (c) that you are responsible for keeping your passwords and other important information private, that you are responsible for keeping the battery in your device charged. We will not be responsible for any direct or indirect consequences of your failure to undertake the actions in paras (a) and (c) or to acknowledge the warranty in (b).

Unless you have purchased the Amber Fuels Fleet Service, we only supply the App to you for private use. In any event, You agree not to use the Vehicle Tag or App for re-sale or any similar commercial purposes. You agree that in no circumstances whatsoever will we have any liability to you for any loss of income, loss of profit, loss of business, business interruption, or loss of business opportunity. In no event shall We be liable for any form of loss or direct, indirect or consequential damages or any damages whatsoever which may arise out of your use of our Products or App. You acknowledge and agree that you are personally responsible for your conduct while using the App and agree to indemnify Amber Fuels Limited, its affiliates, service and content providers, and any of their employees, officers and agents against any loss, damage, liability, cost, or expense of any kind (including legal fees) that We may incur in connection with a third party claim or otherwise in relation to your use of the App or any of the apps linked to the App or your violation of this EULA or our Terms of Use. Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to US$20.00. This does not apply to the death or personal injury resulting from our negligence and any other liability that cannot be excluded or limited by Jamaican law.

TERMINATION

We may terminate this EULA immediately by written notice to you: if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and On termination for any reason: all rights granted to you under this EULA shall cease; you must immediately cease all activities authorised by this EULA, including your use of any Services; and you must immediately delete or remove the App from every device.

COMMUNICATION BETWEEN US

If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by registered post to Amber Fuels Limited at Units 1-3, 6 Haining Road, Kingston 5, Jamaica and info@amberfuels.com. We will confirm receipt by e-mail. If we have to contact you or give you notice in writing, you hereby agree that we may do so by e-mail to the address you provide to us in your request for the App.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including disruption of GPS satellite signals, inaccuracy of 3rd party mapping providers, poor weather, failure of public or private telecommunications networks, lack of network coverage in a particular location, disruption of telecommunications services due to technical issues, poor weather or any other cause, improper installation of a Product by an installer or any other failure of any Third Party with whom you have contracted for a Service used with the App whether same was foreseeable or not and whether it was due to their negligence or wilful default or not strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or impossibility of use of railways, shipping, aircraft, motor transport or other means of public or private transport (Event Outside Our Control). If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA: our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and we will use commercially reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under this EULA to another organisation without prior notice to you, but this will not affect your rights or our obligations under this EULA. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Please note that this EULA, its subject matter and its formation, are governed by Jamaican law. We both agree that the courts of Jamaica will have exclusive jurisdiction over any matters related to use of the Product or the App or the Services.

This agreement has been entered into as of the date on which You first downloaded this App.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Terms of website use

These terms of use together with the documents referred to in it tells you the terms of use on which you may make use of our website amberfuels.com (our site). Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.

Information about us

amberfuels.com is a site operated by Amber Fuel Limited ("We").

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@amberfuels.com.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to security advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up'to'date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or any other liability that cannot be excluded or limited by Jamaican law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
  • If you are a business user, please note that in particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Please note that we only provide our site for private use. You agree not to use our site for re'sale or similar business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial'of'service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. [If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non'confidential and non'proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Rights you licence

When you upload or post content to our site, you grant the following licenses:

LICENCES GRANTED TO THE WEBSITE OWNER a perpetual, worldwide, non'exclusive, royalty'free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user generated content in connection with the services provided by and through the website and across different media.

LICENCES GRANTED TO THIRD PARTIES a license to permit our service partners to use the content for their own purposes as needed to ensure the functionality of the site, the Amber App and services.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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 to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, We have no control over the contents of those sites or resources and it is your responsibility to assure yourself regarding their content.

Applicable law

Please note that these terms of use, its subject matter and its formation, are governed by Jamaican law. You and we both agree to that the courts of Jamaica will have exclusive jurisdiction.

Trade marks

Amber Fuels is a registered trade mark of Amber Fuel Limited.

Contact us

To contact us, please email info@amberfuels.com.

Thank you for visiting our site.

This Acceptable Use Policy sets out the terms between you and us under which you may access our website amberfuels.com (our site). This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

amberfuels.com is a site operated by Amber Connect Limited (we or us). We are registered in Jamaica under company number 90051 and we have our registered office at Units 1'3, 6 Haining Road, Kingston 5, Jamaica. Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards set out below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re'sell any part of our site in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use [INSERT AS LINK TO TERMS OF USE] upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.