Terms & Conditions
The Website and the Service is owned and operated by The Oil Club Ltd, a company registered in England and Wales the registered office of which The Oil Club Limited, 20-22 Wenlock Road, London, N1 7GU. Company Registration Number GB 7591051
1.1 You are reading a legal document which is the agreement between you, the Member (whom we refer to as "you", "your" or the "Member" in this document) and us. We are The Oil Club Limited and we are the owner of this website. The Oil Club is a company registered in England and we refer to ourselves as "The Oil Club", "TOC", "we" or "us" or "our" in this document). Our English company registration number is 07591051.
1.2 The Oil Club is a service to users of home heating oil, providing access to comparative prices for heating oil and related supplies and services from its participating suppliers. It operates as an independent price comparison website and quotes the lowest price available from its participating suppliers. Its database of suppliers is extensive are wholly separate from and independent of The Oil Club.
1.3 Please read this agreement carefully. By using the Service or by using any facilities or services made available through this Website or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
1.4 The latest version of these Terms and Conditions were updated on 20th March 2012. We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us (by post or by complete the web site contact form) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website will be deemed to constitute acceptance of the new terms and conditions.
1.5 As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
2.1 In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
2.1.1 "Home Heating Oil" means domestic heating oil Kerosene 28.
2.1.2 "Order" means any order for products or services via the Website
2.1.3 "Register" means "create an account on the Website" (and "Registration" shall be construed accordingly.
2.1.4 "Service" means all or any of the services provided by The Oil Club via the Website (or via other electronic or other communication from The Oil Club) including the information services, content and transaction capabilities on the Website.
2.1.5 "Supplier" means a third party seller of goods and services including Home Heating Oil.
2.1.6 "Website" means the oil-club.co.uk website.
2.2 In this Agreement:
2.2.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
2.2.2 clause headings such as ("2. DEFINITIONS" at the start of this Clause) and clause titles (such as "Interpretation :" at the start of this Clause 2.2) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and'
2.2.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
3.GENERAL ISSUES ABOUT THIS WEBSITE AND THE SERVICE
3.1 Use of the Service and the Website and any Order are each subject to the terms and conditions set out in this Agreement.
3.2 To use the Website and/or the Service (whether with or without registration) and to make any Order, you must be 18 years of age or over.
3.3 The Website and the Service and any Order are directed solely at those who access the Website from the United Kingdom. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of the United Kingdom. If you choose to access the Website (or use the Service or make a Order) from locations outside the United Kingdom, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
3.4 The Website, Service and any Order are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
3.5 We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Order.
3.6 The Service and use of the Website and the making of any Order does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Order. To use the Website or Service or to make a Order, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
4.REGISTRATION AND ACCOUNTS
4.1 You must Register in order to make an Order from the Website. This is so that we can provide you with easy access to print your orders, view your past orders and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
4.2 To Register you need to supply us with your name, address, postcode, telephone number, and email address,
4.3 Once you finish Registration, we will allocate a password to you and your account. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that any person to whom its user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
4.4 All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else's email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
4.5 We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-UK user pretends to be a UK user, or disrupts the Website or the Service in any way.
4.6 If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
5.1 Unless otherwise agreed in writing by the seller, all products shall be supplied in accordance with these conditions, to the exclusion of any terms and conditions (if any) stipulated by the buyer and any representations, warranties or communications not expressly incorporated in these Conditions.
5.2 The Member shall be soley responsibly for ensuring the accuracy of the terms of any order.
5.3 As a condition of Order, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and orders, as well as other promotional offers. (You can always opt-out of our promotional e-mails at any time by following the unsubscribe instructions' at the bottom of any of such e-mail correspondence.)
5.4 By making an Order, you acknowledge that the Order is made subject to this Agreement.
5.5 The seller reserves the right to amend ordered quantities without notice in order to comply with any legal restrictions or credit limits, whether previously agreed with the buyer or not.
5.6 An order request can be cancelled at any time without charge. However the Oil Club reserve the right to close your account if regular order requests are cancelled.
5.7 RESPONSIBILITY : The Supplier, and not The Oil Club, is:
5.7.1 the seller of the Home Heating Oil;
5.7.2 solely responsible for providing you with Home Heating Oil and any ancillary products.
5.7.3 A supplier may withdraw an agreed rate from the oil club web site if a mistake has been made. The Oil-Club will act as an arbiter in such cases and will have the final say in the decision.
5.8 YOUR RESPONSIBILITY : The member is:
5.8.1 Solely responsible for providing all the correct details to ensure smooth delivery;
5.8.2 Declaring the correct use of the oil is for either Domestic use only or Commercial use;
5.8.3 If you require more than 2300L at any one time you must complete the VAT Declaration form under your account if for domestic use.
5.8.4 Solely responsible for allowing plenty of time for delivery from the date payment is submitted and to make allowances for weather, supply and access restrictions that may delay delivery beyond the estimated delivery date.
6.1 Suppliers will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
6.1.1 Suppliers will apply their order and delivery terms to your order once you have committed to your order by submitting your payment details.
6.2 You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
6.3 It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
6.4 Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
6.4.1 to send or receive any material which is not civil or tasteful;
6.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
6.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
6.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
6.4.5 to cause annoyance, inconvenience or needless anxiety;
6.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.4.7 for a purpose other than which we have designed them or intended them to be used;
6.4.8 for any fraudulent purpose;
6.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; or
6.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
6.5 The following uses of the Service (and Website) are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
6.5.1 resale of the Service (or Website);
6.5.2 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
6.5.3 attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
6.5.4 accessing the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
6.5.5 executing any form of network monitoring which will intercept data not intended for you;
6.5.6 sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
6.5.7 creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
6.5.8 sending malicious email, including flooding a user or site with very large or numerous emails;
6.5.9 entering into fraudulent interactions or transactions with us or a Supplier (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
6.5.10 using the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;
6.5.11 unauthorised use, or forging, of mail header information;
6.5.12 engage in any unlawful activity in connection with the use of the Website and/or the Service; or
6.5.13 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
6.5.14 will not disparage the Company or any of its officers, directors, or employees in the press, on the internet or social media sites.
7.RULES ABOUT USE OF THE SERVICE AND THE WEBSITE
7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by using our contact form
7.2 We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
7.3 We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
7.4 Also, although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.
7.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information from the Website or Service at any time.
7.6 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
8.SUSPENSION AND TERMINATION
8.1 If you use (or anyone other than you, with your permission uses) the Website or Service or place an Order in contravention of this Agreement, we may suspend your use of the Service and/or Website (in whole or in part).
8.2 If we suspend the Service or Website, we may refuse to restore the Service or Website until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
8.3 The Oil Club shall fully co-operate with any law enforcement authorities or court order requesting or directing The Oil Club to disclose the identity or locate anyone in breach of this Agreement.
8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or Website; ii) suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
8.4.1 you commit any breach of this Agreement;
8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
8.5 Notwithstanding anything else in this Clause 8, we may terminate this Agreement at any time.
8.6 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
9.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:
9.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from:
a) your use of the Service or Website;
b) the use of the Service or Website through your password; or
9.1.2 any breach of this Agreement by you.
10. STANDARDS AND LIMITATION OF LIABILITY
10.1 We warrant that:
10.1.1 we will exercise reasonable care and skill in performing any obligation under this Agreement, and
10.2 This Clause 10 (and Clause 1.4) prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
10.2.1 the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Website (or any part of it or them); or
10.2.2 otherwise in relation to this Agreement or the entering into or performance of this Agreement.
10.3 Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by ss.12 and 14 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to Clause 1.4).
10.4 We do not warrant and we exclude all Liability in respect of:
10.4.1 the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise; and
10.4.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
10.4.3 your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility);
10.5 Save as provided in Clause 10.3 but subject to Clause 10.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person's) tangible property other than that caused by our Breach of Duty.
10.6 Save as provided in Clause 10.3 but subject to Clauses 10.4.3 and 10.8, our Liability for loss of or damage to your (or another person's) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed any sums paid by you to the Oil Club under this agreement. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 10.6.
10.7 Save as provided in Clauses 10.3 and 10.4.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.
10.8 Save as provided in Clause 10.3, we shall have no Liability for:
10.8.1 loss of revenue;
10.8.2 loss of actual or anticipated profits;
10.8.3 loss of contracts;
10.8.4 loss of the use of money;
10.8.5 loss of anticipated savings;
10.8.6 loss of business;
10.8.7 loss of opportunity;
10.8.8 loss of goodwill;
10.8.9 loss of reputation;
10.8.10 loss of, damage to or corruption of data; or
10.8.11 any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 10.8.1 to 10.8.10 apply whether such losses are direct, indirect, consequential or otherwise.
10.9 Save as provided in Clause 10.3, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
10.10 The limitation of Liability under Clause 10.9 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
10.11 In this Clause 10:
10.11.1 "Liability" means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to "this Agreement" shall be deemed to include any collateral contract); and
10.11.2 "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
12.INTELLECTUAL PROPERTY RIGHTS
12.1 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
12.2 None of the material listed in Clause 12.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
12.3 All rights (including goodwill and, where relevant, trade marks) in the The Oil Club name are owned by us.
13.2 No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
13.3 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
13.4 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
13.5 Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
13.7 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
13.8 Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
13.9 Third party rights: No term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
13.10 Survival: In any event, the provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service.
13.11 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
13.12 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of England.