Terms & Conditions
Powerzeek Terms & Conditions
Last Updated 6 March 2020 – v05
Powerzeek AS provides an online platform and marketplace owned and operated by Powerzeek AS (“Powerzeek”). This marketplace connects Buyers and Sellers for the supply of fuel, whereby Buyers may submit an enquiry or offer bids for the purchase of fuel, and whereby Sellers may submit an offer or enquiry quote for the supply of fuel (“Fuel Trade”)
These Terms of Service (“Terms”) apply to your access and use of website www.powerzeek.com. These terms also regulates any associated firmware, applications, software, websites, APIs, products, and services that is, or may be, provided by Powerzeek AS.
If you live in the European Economic Area, the United Kingdom or Switzerland, these Terms are an agreement between you and Powerzeek AS, an Norwegian company with its registered office at c/o Media City Bergen, Lars Hilles gate 30, 5007 BERGEN, Norway. When the Terms mention “Powerzeek”, “we”, “us” or “our”, they refer to the party to your agreement that provides you with marketplace and platform owned and operated by Powerzeek AS.
You must accept these Terms in order to create an account with Powerzeek and to access or use the Powerzeek platform, services and/or marketplace. If you do not have an account, you accept these Terms by using any part of the Powerzeek Service and/or the Powerzeek marketplace platform. If you do not accept these terms, do not create an account or use the services of Powerzeek. By not accepting these terms, you are prohibited from accessing or using the service and/or platform of Powerzeek.
2. USE OF THE Powerzeek Service AND PLATFORM
Persons under the age of 18, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Powerzeek service, site or online Platform. Additionally, you cannot access or use the Powerzeek Site and/or online Platform if you are barred from receiving services under applicable law or have previously been suspended or removed from the Powerzeek Platform.
You may only connect to the Powerzeek Service and/or Platform using (i) our mobile applications and software, or approved third-party applications, software or devices; or (iii) our websites (“Authorized Connections”).
You may not connect to the Powerzeek Service and/or Platform via any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Powerzeek Platform.
If you have questions about whether an application qualifies as an Authorised Connection, please contact email@example.com
3. DEFINITION OF TERMS
Seller means a fuel seller who sells fuel to the maritime sector. A Seller who accesses or uses the Service is an independent contractor and remains solely responsible for screening, selecting, hiring, training, supervising, managing, assigning, and dispatching its operators and partners; as well as for the inspection and maintenance of its own and its partners´ fuel equipment and accessories. A Seller is solely responsible for its own actions, omissions, training, oversight, compliance with regulatory and safety requirements, and all management of Seller’s equipment, services, operators, employees, contractors, agents and servants. A Seller maintains sole control over the methods and results by which it performs Fuel Trade services, and retains the sole duty to provide, maintain, manage and control the equipment, personnel, and expertise required to supply fuel. Powerzeek is not an agent of any Seller, and no Seller is an agent of Powerzeek.
You, as a Seller, warrant that you own, possess, or otherwise have rights to supply fuel you seek to supply by way of the Service.
POWERZEEK IS NOT A FUEL BUYER OR FUEL SELLER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE CONSTRUED TO IMPLY POWERZEEK IS A FUEL SELLER OR FUEL BUYER, OR THAT POWERZEEK IS SUBJECT TO THE REGULATORY OR LEGAL REQUIREMENTS OR LIABILITIES OF A FUEL SELLER OR FUEL BUYER. POWERZEEK HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRAD OR SUPPLY OF FUEL SERVICES PROVIDED TO ANY BUYER OR SELLER OR ANY OTHER PARTY USING THE SERVICES.
Seller means a fuel buyer who buys fuel to be used in the maritime sector. A Buyer who accesses or uses the Service is an independent contractor and remains solely responsible for screening, selecting, hiring, training, supervising, managing, assigning, and dispatching its operators; as well as for the inspection and maintenance of its fuel equipment and accessories. A Buyer is solely responsible for its own actions, omissions, training, oversight, compliance with regulatory and safety requirements, and all management of Buyer’s equipment, services, operators, employees, contractors, agents and servants. A Buyer maintains sole control over the methods and results by which it performs Fuel Trade services, and retains the sole duty to provide, maintain, manage and control the equipment, personnel, and expertise required to buy fuel. Powerzeek is not an agent of any Buyer, and no Buyer is an agent of Powerzeek.
You, as a BUYER, warrant that you own, possess, or otherwise have rights to buy fuel you seek to buy by way of the Service.
Powerzeek AS is a technology company registered under the laws of Norway. Powerzeek’s sole obligation is to connect sellers and buyers of fuel, who themselves need to be appropriate and authorized to operate by all applicable international, national, federal, provincial, local governments and governmental agencies. As a technology provider, Powerzeek does not take possession, custody or control of any fuel or quantities thereof.
Powerzeek does not assume any liability, possessory rights or obligations, and assumes no financial responsibility whatsoever, for fuel, including loss, theft, damage or delayed delivery thereof.
Powerzeek offers an online platform and marketplace to connect Buyers and Sellers, but does not provide actual supply or purchase of fuel services or act in any way as a Seller or Buyer. It is the Seller’s obligation to provide supply of fuel services and it is the Buyer´s obligation to buy fuel services, which both may be scheduled through the use of the Service. Powerzeek has no responsibility for any supply services or trading services.
A User is any entity, which registers, accesses or uses the Service and/or Platform, and may be a Seller or a Buyer.
4. DESCRIPTION OF SERVICES
Powerzeek provides an online platform and marketplace via the Web and mobile App and Website, through which Sellers and Buyers may perform Fuel Trades. As a Buyer you must provide information as part of an enquiry or offer bid, and as a Seller you must provide information as part of an offer or enquiry quote. This information may include information such as:
- Place and Date of Delivery
- Ship to be loaded with fuel and Supply point to supply the fuel
- Type of fuel, Quantity of fuel and Specification of fuel
- Price of Fuel
- Payment terms and Terms of delivery
- Any other information necessary for the safe and proper supply of fuel.
Powerzeek is not responsible for any Fuel Trade terms and/or, without limitation, legal contract, entered into between a Buyer and a Seller. Once Powerzeek accepts a Fuel Trade for posting, the Fuel Trade’s details will be posted to the Service and/or Platform. You may cancel a Fuel Trade, but you will only be allowed to do so maximum three times during a month (30-days) and at a cancellation fee.
If you cancel more than three times during a month you will not be allowed to log in again until after a 30-day grace period. A Seller may view a list of enquiries and offer bids available to it at any time and enter into a Fuel Trade through the Service, and a Buyer may view a list of offers and enquiry quotes available to it at any time and enter into a Fuel Trade through the Service. Once a Fuel Trade has been entered into, the Seller and Buyer need to carry out the agreed service related to the Fuel Trade. Powerzeek will notify a Buyer of the status relative to the Seller and vice-versa. Powerzeek does not guarantee that a Fuel Trade will be accepted by the other party.
Within 24 hours after delivery of the fuel, the Fuel Trade parties shall upload information relative to the actual Fuel Trade and close the Fuel Trade.
Fuel Trade parties shall not name Powerzeek as either a Seller or Buyer of the Fuel Trade. Powerzeek is not responsible for any Fuel Trade terms entered into between the Seller and the Buyer. Powerzeek does not guarantee that invoices for Fuel Trades will be paid by the Buyer to the Seller.
5. YOUR CONTENT ON THE POWERZEEK AS PLATFORM
Powerzeek AS under the Powerzeek Service and/or the Powerzeek Platform may enable you to, upload, store, share, send, or display photos, images, video, data, text, and other information and content (“Your Content”) to the Powerzeek Service and via the Powerzeek Platform. By making Your data available on or through the Powerzeek Platform, you hereby grant to Powerzeek AS a non-exclusive, transferable, sub-licensable, worldwide, royalty-free licence to use, copy, modify, and/or translate your content in whole or in part, in any form and to any party. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Powerzeek service and/or the Powerzeek Platform, as well as also making Powerzeek AS able to commercialize the censored data of its users by targeted sale of collected data to third parties, such as i.e. insurance companies.
You represent and warrant that Your Content, the use and provision of Your Content on the Powerzeek Platform, and your use of the Powerzeek Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
6. Powerzeek AS’S RIGHTS
The Powerzeek Service and/or Powerzeek Data includes any photos, images, graphics, video, audio, data, text, music, fuel trading regimens, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Powerzeek Platform. Powerzeek Data, the Powerzeek Service and Platform, as well as its underlying technology, may be protected by legal mechanisms and institutes such as copyright, trademark, patent, intellectual property, and other laws of Norway and/or foreign countries, without prejudice. Powerzeek AS reserves all rights not expressly set out in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Powerzeek Service and/or Platform. Our logos and any other Powerzeek AS trademarks that may appear on the Powerzeek Service and/or Platform, and the overall look and feel of the Powerzeek Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, Platform, and/or service names and/or company names or logos mentioned on the Powerzeek Service and/or Platform are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
Powerzeek AS grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable licence to (1) access and use the Powerzeek Service, (2) access and view the Powerzeek Platform, (3) access and use the software and mobile applications provided by Powerzeek, and (4) use any potential software that is embedded into the Powerzeek Platform as authorised in these Terms. With respect to items (3) and (4), this licence includes any third-party software embedded in any Powerzeek Service.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Powerzeek Content, Powerzeek Service, the Powerzeek Platform or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Powerzeek AS or its licensors, except for the licences and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Powerzeek Service or Platform: (1) use, display, mirror, or frame the Powerzeek Service or any individual element within the Powerzeek Platform, including the layout and design of any page, without Powerzeek AS’s express written consent; (2) use Powerzeek’ s name, any Powerzeek trademark or logo, or any Powerzeek proprietary information without Powerzeek’s express written consent; (3) access or tamper with non-public areas of the Powerzeek Service and/or Platform, Powerzeek’s computer systems, or the technical systems of the Powerzeek Platform; (4) test the vulnerability of any Powerzeek system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Powerzeek or any of Powerzeek’s providers or any other third party (including another user) to protect the Powerzeek Service; (6) access the Powerzeek Service or Platform through the use of any mechanism other than through the use of an Authorized Connection, Powerzeek Service, or Powerzeek API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Powerzeek provides to you or any other part of the Powerzeek Service and/or Platform.
You are granted a limited, nonexclusive, and non-transferable right to create a text hyperlink to the Powerzeek Service, provided that such link does not portray us or any of our services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Powerzeek’s sole discretion.
9. OUR ENFORCEMENT RIGHTS
We reserve the right (but are not required) to remove or disable access to the Powerzeek Service and/or Platform at any time and without notice, and at our sole discretion, if we determine that your use of the Powerzeek Service is objectionable or in violation of these Terms. We have the right to investigate violation of these Terms and any conduct that affects the Powerzeek Service, and in response may take any action we may deem appropriate.
10. COPYRIGHT POLICY
Powerzeek AS respects the intellectual property of others and expects its users to do the same. It is Powerzeek’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to Powerzeek’s Copyright Agent at mail@Powerzeek.com
11. YOUR RESPONSIBILITIES
11.1 Representations and Warranties
Users hereby represent and warrant they will not use the Service to ship non-compliant fuels, that they have ownership to or control of the ship and supply points used for delivery of the fuel that Sellers have ownership to the fuel they will sell. Users agree that Powerzeek will not be liable for loss, damage, theft, destruction, or delayed delivery of any fuel. Users are solely responsible for obtaining any first-party insurance to cover any anticipated losses of fuel.
11.2 Documents due at registration
Upon registering with the Service, you may be required to provide to Powerzeek: (i) a copy of operations permits and other relevant permits; and (ii) proof of insurance as described in Section 11.3 below.
Users shall procure and maintain, at their sole cost and expense, with reputable and financially responsible insurance underwriters maintaining a rating of B+ or higher, insurance including but not limited to Liability insurance and any other insurance that may be required by Powerzeek or any applicable international, national, federal, state or local laws, rules, regulations or ordinances. You shall provide to Powerzeek certificates of insurance and, on enquiry, copies of all policies and endorsements. Seller or Buyer will not provide services under this Agreement at any time that they are not in compliance with these obligations related to insurance.
You shall not re-broker, co-broker, subcontract, assign, or cause or permit any other person or entity to perform any of your obligations hereunder, or cause or permit any Fuel Trade tendered hereunder to be supplied by any other third-party Seller, or any other substitute mode of supply. If Seller or Buyer breaches this provision, Buyer and Seller shall remain fully liable.
11.5 Compliance with laws
Seller acknowledges that it is authorized to provide supply of any Fuel Trades enquired or agreed through the Service in accordance with any and all applicable laws, rules and regulations. You represent and warrant that you are licensed as a fuel Seller. With respect to the supply services provided under this Agreement, including any operators that the Seller may use, you shall comply with all applicable international, national, federal, state and local laws, rules, regulations and ordinances. You shall defend, indemnify and hold Powerzeek and Buyers harmless from and against any and all fines, penalties, judgments, liabilities, expenses and costs of any nature resulting from your failure to comply with all such laws, rules, regulations and ordinances. The foregoing obligations include, but are not limited to, compliance with all applicable laws, rules and regulations applicable to supply of maritime fuel.
As a User you warrant that that you are compliant with any and all applicable international, national, federal, provincial and local air, water and other types of environmental regulations and requirements.
As a User you warrant that you shall perform all services pursuant to this Agreement with equipment that is regularly maintained and is in good order, condition and repair and that meets with all applicable international, national, federal, provincial and local laws, rules and regulations. You will not supply equipment that has been used to supply non-compliant fuel of any kind. You will furnish equipment for supplying and loading fuel which is suitable for its purpose. You acknowledge that Powerzeek will never be in possession of any fuel being supplied in connection with use of the Service, and that Powerzeek will not be responsible or have any role in the securement of fuel for supply.
During the term of this Agreement, and for a period of one (1) year from its termination, you shall neither initiate nor accept any direct or indirect business relationship with any User where Fuel Trades to or from such User were first supplied pursuant to the Service, or in connection with use of the Service. Your obligation in this regard extends to instances where a User contacts you and seeks to establish a business relationship that does not include Powerzeek. This provision shall continue in force beyond termination of this Agreement for one (1) year subsequent to termination. If you trade or otherwise makes available any direct or indirect business relationship with any User that was first introduced to you by Powerzeek in violation of this Agreement, you shall be jointly and severally liable with the User to Powerzeek for each such violation in an amount equal to twenty percent (20%) of all revenues paid by the other party to you.
11.8 Liability for Fuel Loss or Damage
Seller and Buyer are fully responsible for any fuel loss or damage that may occur as part of delivery of fuel. Powerzeek has no role or responsibility in terms of any fuel loss or damage to equipment, personnel or other as a result of the Fuel Trade.
11.9 Shipping Documents
You shall not insert “Powerzeek” or “Powerzeek AS” on any receipt, delivery note, or other fuel or shipping document. In the event you do so, such insertion shall be deemed to be for your convenience, or due to your oversight, and shall not operate to alter Powerzeek’s status as a marketplace technology provider, or the Seller’s status as the responsible Seller or the Buyer´s status as the responsible Buyer.
11.10 Compliance with Instructions
Seller and Buyer shall comply with any and all instructions regarding the handling of the Fuel Trade. In addition, Seller shall, and shall cause its operators, to comply with facility rules in effect at any locations where Seller is performing fuel supply services.
Users shall defend, indemnify, and hold Powerzeek, and each of their affiliated entities harmless from and against, and shall pay and reimburse, any and all direct or indirect loss, liability, damage, claim, fine, cost or expense, including reasonable attorney’s fees, arising out of or in any way related to the performance or breach of this Agreement by the Seller or Buyer, its employees, subcontractors or independent contractors (collectively, the “claims”), including, but not limited to, claims for or related to personal injury (including death), property damage and seller’s possession, use, maintenance, custody or operation of the equipment; provided, however, that seller’s indemnification and hold harmless obligations under this paragraph will not apply to the prorated extent that any claim is directly and proximately caused by the negligence or other wrongful conduct of the party to be defended, indemnified or held harmless. Seller and Buyer hereby expressly waives any exclusive remedy defense, including, but not limited to, those available under any workers’ compensation or other occupational accident statutory regime, to the extent necessary to effectuate the user’s obligations under this provision.
11.12 Fuel Securement
The Buyer shall bear the responsibility to review and accept or decline the Seller’s supply point for cleanliness, leaks, dirt or other conditions that may be unacceptable to you. If a supply point or any equipment is unacceptable, it is your responsibility to refuse loading of the ship. You should ensure in coordination with Seller that adequate loading for the safe supply of fuel is used. You acknowledge that Powerzeek will never be in possession of any fuel being supplied in connection with use of the Service, and that Powerzeek will not be responsible or have any role in the securement of fuel for supply.
12. SELLER AND BUYER SELECTION
Powerzeek establishes and follows procedures to evaluate Sellers and Buyers prior to their trading on Powerzeek´s online platform and marketplace. Powerzeek will continue to evaluate certain Sellers and Buyers at certain intervals, as set forth by Powerzeek’s “Know Your Customer (KYC)” policies, which may be amended from time to time with or without notice to Sellers or Buyers. Powerzeek is not responsible in any way for the acts and/or omissions of Sellers or Buyers, nor their employees, operators or business partners.
Powerzeek provides a means for Buyers and Sellers to rate and review each other and to have those ratings made available to other Users. We do not express any opinion, nor does Powerzeek make any assurances regarding, the truth or accuracy of any User reviews or ratings. Powerzeek does not regularly monitor or remove reviews or ratings, or any portion thereof, unless they contain content we deem inappropriate.
13. PAYMENT TERMS
For each Fuel Trade, Buyer will pay the Seller the cost of the fuel. Payment for delivery of fuel between a fuel Seller and a fuel Buyer will therefore be done outside the Powerzeek platform. Payment for purchase of fuel shall therefore be done directly from Buyer to Seller. Powerzeek is not involved in the payment of the fuel. Sellers that Powerzeek connects with are required to provide advance notice of ancillary services for which they intend to charge additional fees. However, advance notice is not always possible or practical, and Powerzeek may not be able to receive and communicate to Buyers for approval of additional charges before the services are rendered. In that event, you agree to pay the costs of any accessorial and/or ancillary services which are deemed reasonable and necessary. You understand and agree that fuel charges quoted to you for a specific supply shall not apply to any future fuel supplies you might seek to order through Powerzeek, as the costs of services evolve over time and are subject to changing market conditions.
For the use of the Powerzeek Service, it is free for Buyers to register a User on the Powerzeek platform/marketplace. There is also no cost for the Buyer for using the Fuel Trade Services, unless a cancellation is made or added-value services are requested. In case a cancellation is made, you will pay Powerzeek the cancellation fee quoted to you upon confirmation of cancellation of the Service (“Cancellation Fee”), plus any additional charges we may incur related to your cancellation of the Service. Powerzeek may change pricing for the Service (from time to time at its sole discretion) by updating the Site and Web/mobile App and without notice to Users.
For each Fuel Trade, Buyer will pay the Seller the cost of the fuel. Payment for delivery of fuel between a fuel Seller and a fuel Buyer will therefore be done outside the Powerzeek platform. Payment for purchase of fuel shall therefore be done directly from Buyer to Seller. Powerzeek is not involved in the payment of the fuel. When the Seller receives payment from a Buyer for a Service, the Seller shall add a note on this on the Powerzeek platform/marketplace.
For the use of the Powerzeek Service, it is free for Sellers to register a User on the Powerzeek platform/marketplace. There is however a cost for the Seller for using the Fuel Trade Services (“Marketplace Fee”). The Marketplace Fee includes, but is not limited to, a fee/commission on the Fuel Trade transaction and a fee for purchase of credit insurance. In case a cancellation is made, you will pay Powerzeek the cancellation fee quoted to you upon confirmation of cancellation of the Service (“Cancellation Fee”), plus any additional charges we may incur related to your cancellation of the Service. Powerzeek may change pricing for the Service (from time to time at its sole discretion) by updating the Site and Web/mobile App and without notice to Users. You warrant that you have the right to use any credit card(s), or other payment means provided to Powerzeek and used to initiate payment of any fees. All information you provide to Powerzeek must be accurate, current and complete. You agree to immediately notify Powerzeek of any change in your billing address or the credit card or bank account used for payment hereunder. In the event Powerzeek is unable to collect all charges from you due to insufficient funds, you shall be liable for all costs and expenses incurred by Powerzeek in connection with collection of the Marketplace Fee and/or Cancellation Fee, including costs and expenses of a third-party collection agency and attorneys’ fees. Powerzeek may, in its sole discretion, offer to Seller a Service Discount (“SD”) based on parameters such as volume and turnover.
13.3 Payment of taxes
You agree that you are responsible for the collection and/or payment of all taxes, which you may be liable for in any jurisdiction arising from your use of the Service. Powerzeek is not responsible for collecting, reporting, paying, or remitting to you any such taxes.
13.4 Payment Facilitation and Processing
All charges are facilitated through a third-party payment processing service. Powerzeek may replace its third-party payment processing services without notice to you.
Powerzeek’s Payment processing services are provided by Stripe and subject to the Stripe Agreement (available at www.stripe.com). By using the Powerzeek Platform, you agree to be bound by the Stripe Terms for payment of Marketplace Fee and Cancellation Fee. The Stripe Terms may be modified from time to time. As a condition of Powerzeek enabling payment processing services through Stripe, you authorize Powerzeek to obtain all necessary access and perform all necessary activity on your Stripe Account to facilitate your payment of Services as contemplated by the Agreement and your relationship with Powerzeek. You further agree to provide accurate and complete information about you and your business, and authorize Powerzeek to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. Powerzeek reserves the right to switch payment processing vendors in its sole discretion.
14. LIMITED SUPPORT
Users may contact Powerzeek for any support-related issues arising from the use of the Service by following the instructions on the Service.
Upon enquiry, Powerzeek may procure insurance coverage, and the evidence of such coverage shall be in the form of an insurance certificate provided to you on enquiry. Powerzeek’s maximum liability to Buyer or Seller for any loss shall be limited to Powerzeek’s insurance policy terms and conditions and the money amounts for coverage hereinbelow.
Powerzeek’s insurance is subject to the terms, conditions and certain limitations and/or exclusions as contained in the policy, and the terms, conditions and requirements as outlined within this Agreement, which are subject to change at any time. The existence of Powerzeek’s insurance in no way shifts or places any legal or contractual liability on Powerzeek, nor does it exonerate the Buyer´s or Seller’s duties and liabilities under this Agreement.
16. MODIFICATION OF THE SERVICE
Powerzeek reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that Powerzeek will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
16.1 Limitations on use of the service
You agree not to use the Service to upload, transmit, display, or distribute any User Content that: (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way.
In addition, you agree not to use the Service to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Service, other computer systems or networks connected to or used together with the Service, through password mining or other means; (f) harass or interfere with another User’s use and enjoyment of the Service; or (g) introduce software or automated agents or scripts to the Service so as to produce multiple accounts, generate automated searches, enquiries and queries, or to strip, scrape, or mine data from the Service.
Powerzeek reserves the right to review any User Content, investigate, and /or take appropriate action against you in its sole discretion, including removing or modifying User Content, terminating your Account, and/or reporting you to law enforcement authorities. However, Powerzeek has no obligation, to monitor, modify or remove any User Content.
17.1 Indemnification of Powerzeek
You agree to defend, indemnify and hold Powerzeek (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your (i) use of the Service, (ii) User Content, (iii) interaction with any other User, (iv) violation of this Agreement; (v) violation of applicable laws or regulations; or (vi) your Fuel Trade. Powerzeek reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without Powerzeek’s prior written consent. Powerzeek will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
17.2 Indemnification of counterparty
You agree to defend, indemnify and hold Seller or Buyer (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any and all damages, claims or losses arising out of its performance of this Agreement, to the extent such damages, claims or losses are caused by your or your employee’ or agents’ negligence or other intentional conduct.
18. CHOICE OF LAW
This Agreement shall be deemed executed in the Kingdom of Norway and shall be interpreted, in the event of a dispute arising hereunder, under the laws of Norway without regard to its conflicts of laws provisions.
19. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Powerzeek arising out of or relating to these Terms of Service, the Powerzeek Platform, or any other Powerzeek Service (collectively, “Disputes”), will be governed by the arbitration procedure outlined below.
Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the Laws of Norway without regard to its conflict of laws principles.
We want to address your concerns without needing a formal legal case. Before filing a claim against Powerzeek AS, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org
We will try to resolve the Dispute informally by contacting you via email. If a dispute is not resolved within 15 days after submission, you or Powerzeek may bring formal proceedings. Legal venue is Bergen District Court in Norway.
This paragraph does not apply to claims you may have against Seller or Buyer.
20. TERM OF AGREEMENT
This Agreement will remain in full force and effect while you use the Service. Powerzeek may at any time terminate this Agreement in its sole discretion if (a) you have breached any provision of this Agreement (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with this Agreement); (b) Powerzeek is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); (c) Powerzeek has elected to discontinue the Service; or (d) for your poor performance as a Buyer or Seller in Powerzeek’s sole discretion. Upon termination of this Agreement, your Account and right to access and use the Service will terminate immediately.
21. GENERAL PROVISIONS
21.1 Changes to Agreement
This Agreement is subject to occasional revision by Powerzeek. In the event of any material changes made to the Agreement, Powerzeek will notify you by electronic mail, or other means of communication, before your next use of the changes on the Service. Any changes to this agreement will be effective upon the earlier of (a) the date you accept the new terms or (b) thirty (30) calendar days following your receipt of the notice of the changes. These changes will be effective immediately for new Users of the Service. Continued use of the Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
21.2 Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the use of the Service. Powerzeek’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement may be executed in counterparts.
This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Powerzeek’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
All notices as required by any of the terms and conditions of this Agreement shall be deemed given with the notices prepared, adequately addressed and deposited in the United States mail, postage prepaid. Notices to Powerzeek are adequately addressed as follows:
Powerzeek AS, Media City Bergen, Lars Hillesgate 30, 5008 Bergen, Norway
21.5 Publication of Information and Confidentiality
Powerzeek has your permission to identify you as a customer of Powerzeek or user of our Services and to reproduce your name and logo on the Site and in any other marketing materials.
If you provide Powerzeek any feedback, suggestions, or other information or ideas regarding the Service (“Feedback”), you hereby assign to Powerzeek all rights in the Feedback and agree that Powerzeek has the right to use such Feedback and related information in any manner it deems appropriate. Powerzeek will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to Powerzeek any information or ideas that you consider to be confidential or proprietary.
If Powerzeek, Buyer or Buyer’s Affiliated entities, or Sellers or Seller´s Afiliated entities, provide you with confidential information relating in any way to their business operations, you shall keep all information strictly confidential, unless disclosure is required by law or judicial process or such information is publicly known or obtained by you without any breach of any confidentiality agreement.
In the event that the operation of any portion of this Agreement results in a violation of any law, or if any provision herein is determined by a court of competent jurisdiction to be invalid or unenforceable, Buyer, Powerzeek and Seller agree that such portion or provision shall be severable and that the remaining provisions herein shall continue in full force and effect. The terms and conditions set forth herein shall survive the termination of this Agreement.
The service is provided “as is” and “as available.” Powerzeek expressly disclaims any warranties and conditions of any kind, whether express or implied or statutory, including the warranties or conditions of merchantability, fitness for a particular purpose, or non- infringement. Powerzeek makes no warranty that the service: (a) will meet your requirements or expectations; (b) will be available on an uninterrupted, timely, secure, or error-free basis; (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe; or (d) result in any revenue, profits, or cost reduction. The service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Powerzeek is not responsible for any delays, delivery failures or other damages resulting from such problems.
You agree that the entire risk arising out of your use of the services, and any service or good enquired in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Powerzeek’s services may be used by you to trade fuel with other users, but you agree that Powerzeek has no responsibility or liability to you related to the services or any supply services coordinated or offered or purchased or sold by you through the services other than as expressly set forth in this agreement. You assume all liability and risk of using the services and coordinating and/or offering supply services.
We reserve the right, but have no obligation, to monitor disputes between you and other users. Please carefully select the type of information that you post on the site or through the services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or “hackers”). Powerzeek only offers technology that enables buyers and sellers to coordinate fuel supply. Powerzeek is neither a seller nor a buyer. We are not involved in the actual supply or purchase of fuel. As a result, we have no control over the quality or safety of any ship or supply point, fuel supply that occurs as a result of this Service; nor do we have any control over the truth or accuracy of users’ information listed on Powerzeek. We reserve the right to change any and all content, software and other fuels used or contained in the services at any time without notice.
The service may be temporarily unavailable from time to time for maintenance or other reasons. Powerzeek assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Powerzeek is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or web/mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to a user’s or to any other person’s computer, web/mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the services.
23. Limitation of Liability
Powerzeek shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Powerzeek has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Powerzeek shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the service or your inability to access or use the service; or (ii) any transaction or relationship between you and any other user or any third party. Powerzeek shall not be liable for delay or failure in performance resulting from causes beyond Powerzeek’s reasonable control. In no event shall Powerzeek’s total liability to you in connection with the service for all damages, losses and causes of action exceed five hundred Euros (EUR 500.00).
24. GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Powerzeek AS and you regarding the Powerzeek Service, and/or the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Powerzeek and you regarding the Powerzeek Service and/or Powerzeek Platform.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Platform. When you use the Powerzeek Service after a modification becomes effective, you are telling us that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Powerzeek’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be invalid. Powerzeek AS may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Power under these Terms, including those regarding modifications to these Terms, will be given via email. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Powerzeek’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Powerzeek. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
25. ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at email@example.com