Last Updated: October 15, 2023
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and NordFuel ApS ("NordFuel," "we," "us," or "our"), concerning your access to and use of the NordFuel website (www.nordfuel.com), mobile application, and services offered at our gas stations throughout Denmark (collectively, the "Services").
You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Services and must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services after the date such revised Terms of Service are posted.
Unless otherwise indicated, the Services and all content and materials, including but not limited to text, images, designs, graphics, logos, icons, images, and software, are the property of NordFuel or our licensors and are protected by copyright, trademark, and other intellectual property laws.
Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services and Content.
You must not:
By using the Services, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
We make every effort to display as accurately as possible the descriptions, prices, and images of the products and services available through our Services. However, we do not guarantee that the descriptions, prices, or other content on the Services are accurate, complete, reliable, current, or error-free. In the event of any error relating to the pricing or availability of products or services, we reserve the right to correct such errors and revise your order accordingly or to cancel the order and refund any amount charged.
All fuel, products, and services descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to limit the quantities of any products or services that we offer. All descriptions and pricing of products and services are subject to change at any time without notice, at our sole discretion.
We accept various payment methods for the purchase of our products and services, including credit cards, debit cards, mobile payment methods, and NordFuel loyalty cards. You represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any purchase; and (ii) the information you supply to us is true, correct, and complete.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
By initiating a fuel purchase at our pumps, you authorize us to charge your designated payment method for the amount of fuel dispensed plus any applicable taxes and fees. For EV charging, you authorize us to charge based on the electricity consumed, the time spent charging, or any applicable flat fees, depending on the charging station's pricing model.
Due to the nature of fuel and most products sold at our stations, refunds are generally not available once products have been dispensed or consumed. However, if you believe you have been incorrectly charged or experience an issue with our products or services, please contact our customer service team within 48 hours of the transaction.
For non-fuel retail products purchased at our convenience stores that are unopened and in original packaging, returns may be accepted within 14 days of purchase with a valid receipt. Food items, once purchased, cannot be returned.
For issues with EV charging services, including charging sessions that did not start correctly or were prematurely terminated due to technical issues, please contact our customer service for assistance.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
The Services may invite you to create, submit, or share content, such as reviews, feedback, comments, or suggestions. By providing User Generated Content, you represent and warrant that:
We have the right, in our sole and absolute discretion, to (1) edit, redact, or otherwise change any User Generated Content; (2) re-categorize any User Generated Content to place it in more appropriate locations on the Services; and (3) remove any User Generated Content at any time and for any reason, without notice.
By posting, uploading, or otherwise making available any User Generated Content on or through the Services, you grant to NordFuel a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Generated Content in connection with the Services and NordFuel's business operations, including without limitation for promoting and redistributing part or all of the Services.
You also grant to other users of the Services a non-exclusive license to access your User Generated Content through the Services, and to use, reproduce, distribute, and display such User Generated Content as permitted through the functionality of the Services and under these Terms of Service.
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Services are hosted in Denmark. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Denmark, then through your continued use of the Services, you are transferring your data to Denmark, and you agree to have your data transferred to and processed in Denmark.
These Terms of Service shall remain in full force and effect while you use the Services. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Terms of Service and your use of the Services are governed by and construed in accordance with the laws of Denmark, without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the courts located in Copenhagen, Denmark, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
In any dispute arising out of or relating to these Terms of Service, including without limitation their validity, interpretation, or execution, the parties shall first attempt to resolve the dispute through informal negotiation. If the dispute cannot be resolved through informal negotiation, it shall be resolved through mediation administered by the Danish Institute of Arbitration. If mediation fails, the dispute shall be finally settled by arbitration in accordance with the Rules of Arbitration of the Danish Institute of Arbitration by one or more arbitrators appointed in accordance with the said Rules.
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR DKK 5,000.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
If you have any questions about these Terms of Service, please contact us at:
NordFuel ApS
Nørrebrogade 102
2200 Copenhagen N
Denmark
Email: [email protected]
Phone: +45 8890 1122