Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by You on any electronic device, named QUICKFILL, including the customer-facing mobile app and the driver mobile app.
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service, including a Customer Account or a Driver Account, as applicable.
- Admin Panel means the web-based Super Admin control panel used by the Company to manage orders, Drivers, Customers, pricing, and reports.
- Service Area means Sarasota County, Florida, and any additional areas the Company may designate from time to time as being served by the Application.
- Country refers to: Florida, United States.
- Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to Quick Fill LLC, 3100 Jamaica street Sarasota Florida 34231.
- Content refers to content such as text, images, ratings, delivery instructions, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- Customer means an individual who registers a Customer Account to request Fuel deliveries through the Application.
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- Driver means an individual who registers and is approved by the Company as a Driver Account holder to accept and fulfill Fuel delivery jobs through the Application.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Fuel means gasoline, diesel, or other motor fuel ordered by a Customer for delivery through the Service.
- OTP means the one-time passcode sent to Your registered phone number or email address for identity verification during sign-up, login, or other secure actions.
- Service refers to the Application, together with the on-demand Fuel delivery service, driver-dispatch functionality, and Admin Panel that support it.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You, including recurring or scheduled Fuel delivery plans.
- Terms and Conditions (also referred to as "Terms") means these Terms and Conditions, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service.
- Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service.
- Wallet means the in-app payment balance or saved payment methods associated with Your Account, used to pay for orders.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable, including both Customers and Drivers unless the context requires otherwise.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service, including Customers, Drivers, and Admin Panel users.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
The Service is currently offered only within the Service Area. The Company does not guarantee availability outside of Sarasota County, Florida, and reserves the right to limit, suspend, or expand the Service Area at its sole discretion.
Eligibility and Parental Consent: You represent that You are at least 13 years of age. If You are under the age of 18, You represent that You have obtained the consent of a parent or legal guardian to use the Service, to arrange for Fuel delivery, and to make any related payments, and that a parent or legal guardian accepts financial and legal responsibility for Your use of the Service.
Because the Service involves the handling and delivery of flammable and hazardous materials, the Company reserves the right to request proof of age or guardian consent, and to refuse or cancel any order where such consent cannot be verified.
Drivers must be at least 18 years of age, hold a valid driver's license, and meet any additional vehicle, insurance, and background-check requirements set by the Company before being approved to accept jobs through the Application.
Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information, including OTP verification data and location data. Please read Our Privacy Policy carefully before using Our Service.
Nature of the Service; Fuel Delivery Safety
The Service enables a Customer to request the on-demand delivery of Fuel to a vehicle, at a location selected via GPS or a saved address, through the Application. Orders are dispatched to available Drivers, who accept, navigate to, and fulfill the delivery, confirm the delivered quantity, and mark the job complete. Fuel is delivered by Drivers using equipment intended to comply with applicable federal, State of Florida, and local fire, safety, environmental, and fuel-handling codes.
You agree that You will:
- Only request delivery to a vehicle that is suitable and legally permitted to receive Fuel;
- Provide accurate vehicle, fuel type, quantity, and delivery-location information, including access instructions;
- Not smoke, use open flame, or permit others to do so near the vehicle or delivery site during delivery;
- Ensure the delivery location is safely accessible and free of hazards that could endanger the Driver or others;
- Comply with all instructions given by the Driver for safety purposes.
The Company and its Drivers reserve the right to refuse or halt delivery at any time if, in their reasonable judgment, a delivery location or circumstance presents a safety, legal, or environmental risk. The Company, through the Admin Panel, may suspend or deactivate a Driver at any time to enforce safety and compliance standards.
Fuel is a hazardous, flammable substance. You acknowledge the inherent risks associated with the storage, handling, and use of Fuel and agree to use the Service at Your own risk.
Account Registration and Verification
To use the Service, You must create an Account by signing up with a phone number or email address. The Company will send an OTP to verify Your identity. You are responsible for entering a valid OTP and may request a new one if it expires or is not received.
During onboarding, Customers may be asked to create a profile, add a default vehicle and fuel type, add a default delivery location (manually or via GPS), and add a payment method to the Wallet; adding a payment method during onboarding may be optional but will be required before an order can be placed.
You agree not to disclose Your OTP, password, or Account credentials to any third party, and to notify Us immediately upon becoming aware of any unauthorized use of Your Account. You may not use a username that infringes another person's or entity's rights or that is offensive, vulgar, or obscene.
Subscriptions
Subscription Period
The Service or some parts of the Service, including recurring or scheduled Fuel delivery plans, are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as weekly, bi-weekly, monthly, or per scheduled delivery), depending on the type of Subscription plan You select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
One-Time Orders
In addition to Subscriptions, You may place one-time, on-demand orders through the "Refill Now" flow. One-time orders are billed via Your selected Wallet payment method at the time the order is placed or upon completion of delivery, at the Company's discretion, at the price and delivery fee displayed to You in the order summary before You confirm the order.
Subscription Cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.
Billing and Wallet
You shall provide the Company with accurate and complete billing information, including full name, delivery address, phone number, and a valid payment method saved to Your Wallet. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period or order as indicated on the invoice.
Fuel Pricing
Fuel prices displayed in the Application reflect average market fuel prices plus an additional margin and service fees set by the Company through the Admin Panel, and may fluctuate without notice due to changes in wholesale fuel costs. The price per gallon and total cost confirmed in the order summary at the time You place an order is the price that will be charged for that order.
Fee Changes
The Company, in its sole discretion and at any time, may modify Subscription fees, delivery fees, or service fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the fee change comes into effect constitutes Your agreement to pay the modified fee amount.
Refunds
Except when required by law, paid Subscription fees and fees for Fuel already delivered are non-refundable. Certain refund requests, including for non-delivery, delivery errors, or Fuel quality issues, may be reviewed and initiated by the Company through the Admin Panel on a case-by-case basis and granted at the sole discretion of the Company.
Orders, Delivery Windows, and Order Errors
Estimated Time of Arrival (ETA) and delivery windows displayed in the Application are estimates only. The Company and its Drivers are not liable for delays caused by traffic, weather, mechanical issues, supply availability, or other circumstances beyond their reasonable control.
You are responsible for reviewing Your order summary — including delivery location, vehicle, fuel type, quantity, price per gallon, and total cost — before confirming. The Company is not responsible for orders delayed, misdelivered, or rejected due to inaccurate information provided by You.
You may cancel a pending one-time order before a Driver has been assigned. Once a Driver has been assigned and is en route, the order may no longer be cancelled without applicable fees. Live order status (such as Assigned, En route, Arrived, and Fueling) is provided for tracking purposes and does not create any guarantee as to timing.
Upon completion, You will receive a digital receipt and Your Wallet payment method will be charged automatically. You may rate the Driver and reorder from Your order history at any time.
Driver Terms
Drivers are independent contractors, not employees of the Company, unless otherwise agreed in a separate written agreement. Drivers must be approved by the Company before going Online and accepting jobs, and may be required to provide vehicle, license, and insurance documentation.
Drivers are responsible for accurately entering the delivered Fuel quantity, updating job status in the Application (including Arrived, Fueling, and Completed), and, where required, uploading proof of delivery.
Driver earnings are calculated based on completed jobs as recorded in the Application and are subject to the payout schedule and terms communicated by the Company. The Company may suspend or deactivate a Driver Account at any time for safety, compliance, or performance reasons.
Content
Your Right to Post Content
Our Service allows You to post Content, such as delivery instructions, driver ratings, and reviews. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine- or randomly-generated, constituting unauthorized or unsolicited advertising, chain letters, or any other form of unauthorized solicitation.
- Containing or installing any viruses, worms, malware, trojan horses, or other harmful content.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, or right of publicity.
- Impersonating any person or entity, including the Company, Drivers, or employees.
- Violating the privacy of any third person.
- False information and features, including false delivery instructions, false ratings, or fraudulent payment information.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and to refuse or remove such Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property right of any person. If You are a copyright owner and believe that copyrighted work has been copied in a way that constitutes infringement through the Service, You must submit a written notice to our copyright agent at info@quickfillllc.com.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and Procedure
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
- A description of the copyrighted work that You claim has been infringed.
- Identification of the URL or other specific location on the Service where the allegedly infringing material is located.
- Your address, telephone number, and email address.
- A statement that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the above information is accurate and that You are the copyright owner or authorized to act on the owner's behalf.
You can contact our copyright agent via email at info@quickfillllc.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Links from a Third-Party Social Media Service
The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. A Third-Party Social Media Service is not owned or controlled by the Company, and the Company does not endorse or assume responsibility for any Third-Party Social Media Service.
Your use of any Third-Party Social Media Service is governed by that Third-Party Social Media Service's own terms and privacy policies.
Termination
We may terminate or suspend Your Account (Customer or Driver) immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions or if the Company reasonably believes continued use presents a safety, compliance, or fraud risk.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service or contact the Company.
If We terminate Your Subscription for convenience (and not due to Your breach), We will refund any prepaid fees covering the remainder of the term of the Subscription after the effective date of termination. In no event will any termination relieve You of the obligation to pay any fees payable to Us, including for Fuel already delivered, for the period prior to the effective date of termination.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers or Drivers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Service, or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company, its suppliers, or Drivers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, business interruption, personal injury, property damage, or loss of privacy) arising out of or in any way related to the use of or inability to use the Service, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Florida law does not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages in certain circumstances, including for gross negligence or willful misconduct, which means that some of the above limitations may not apply. In such cases, each party's liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limitation to the foregoing, the Company provides no warranty or undertaking that the Service will meet Your requirements, be available at any particular time or location, be uninterrupted, or be error-free, including with respect to live tracking, GPS accuracy, OTP delivery, or push notifications, or that any errors or defects can or will be corrected. This disclaimer does not affect any statutory rights that cannot be excluded under applicable Florida or federal law.
Governing Law
The laws of the State of Florida, United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws, including those governing the transport, sale, and delivery of motor fuel.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: info@quickfillllc.com
- By mail: 3100 Jamaica street Sarasota Florida 34231