Last Update: September 2023

Terms of Service

ARTICLE 1 ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE

1.01This is a contract (the “Agreement”) between you and Prairie Pump Mobile Fuel Inc. ("Company," "we," "us," "our"), applicable when you use or access the site, services and mobile application by the Company, in existence now or in the future (the “Services”). In this Agreement, the words “including” and “include” mean “including, but not limited to.” The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, and services offered on or through www.prairiepump.ca (the "Website") or the Company’s mobile application (the “App”).

1.02 By using the Website or App, you accept and agree to be bound and comply with these terms and conditions and our privacy policy, found at www.iubenda.com/privacy-policy/75340496, incorporated herein by reference. If you do not agree to these terms and conditions or the privacy policy, you must not access or use the Website or App.

1.03 By using the Website or App, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or App.

ARTICLE 2 THE SERVICES

2.01 In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (the “Account”). You must be at least 18 years of age to obtain an Account. You must upload the App on your smart device, follow the steps instructions and provide all required information in order to create your account to allow the Company to provide you Services and/or Services from third party partners or providers. Account registration requires you to submit to the Company certain personal information, such as your name, address, mobile phone number, password, vehicle year, make, license plate, and model, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or the Company’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the Company in writing, you may only possess one Account.

2.02 You hereby allow the Company to collect your personal information and your precise geolocation which you acknowledge as necessary for the Company to provide the Services.

2.03 The Services constitute a technology platform that enables users of the Company’s applications or websites to arrange and schedule logistics services, including delivery of fuel and other products and services. Unless otherwise agreed by the Company in a separate written agreement with you, the Services are made available solely for your personal and non-commercial use.

2.04 You agree to allow the Company to collect your precise geolocation. We collect this geolocation for the purpose of improving your user experience - such as reminding you to request a fill. You may disable your geolocation but be advised this may impact Services from the Company to you. We will not disclose your geolocation to any third parties without your consent.

2.05 You agree to allow the Company to collect your vehicle information, such as the general condition of your vehicle, license plate, make, model or year, or vehicle identification number (the “VIN”), on occasion if there is an error in the information you provided or for verification purposes. This may be collected by taking a picture of your vehicle. You agree to allow the Company to collect this data to be used for its own purposes to better provide services and may be used /sold to third parties only an aggregated vehicle data form without the requirement of payment to you.

2.06 You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws in the within your province/state/territory when using the Services, and you may only use the Services for lawful purposes. You will not use the Services to cause any nuisance, annoyance, inconvenience, or property damage, whether to the Company or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to use of the Services if you refuse to provide proof of identity.

2.07 You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

2.08 You agree to allow the Company to send you informational text (SMS) messages or app based push notifications. We send you messages for the purpose of delivering the service and improving your customer experience - for example, if we need to contact you if we are not able to locate your vehicle. You can opt out of receiving the text messages by replying “STOP” after any text message received, but be advised this may impact Services from the Company to you. After you sent the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed from the test message service. After this, you will no longer receive messages from us.

2.09 The Company may, in the Company’s sole discretion, create referral and/or promotional codes (the “Promo Codes”) that may be redeemed for Account credit, or other features or benefits related to the Services and, subject to any additional terms that the Company establishes on a per promotional code basis. You agree that Promo Codes:

(a) must be used for the intended audience and purpose, and in a lawful manner;

(b) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by the Company;

(d) may be disabled by the Company at any time for any reason without liability to the Company;

(e) may only be used pursuant to the specific terms that the Company establishes for such Promo Code;

(f) are not valid for cash; and

(g) may expire prior to your use.

The Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that the Company determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

2.10 The Company sometimes releases products and features that we are still testing and evaluating (the “Beta Services”). The Company will inform you of any Beta Services that may become available by identifying them as “beta”, “preview”, “early access”, or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as the Company 's other services, so please keep that in mind.

ARTICLE 3 PROHITBITED USER CONDUCT

3.01 The following conduct is expressly prohibited by you, while using the Services on the Website or Application:

(a) have more than one active Account;

(b) remove any copyright, trademark or other proprietary notices from any portion of the Services;

(c) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Company;

(d) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;

(e) perform any activity in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

(f) link to, mirror or frame any portion of the Services;

(g) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and functionality of any aspect of the Services; or

(h) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

ARTICLE 4 MODIFICATIONS TO THE TERMS AND CONDITIONS, THE WESBITE OR THE APP

4.01 We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website or App. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

4.02 The information and material on the Website and App, and the Website and App may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or App is restricted to users or unavailable at any time or for any period.

ARTICLE 5 YOUR USE OF THE WEBSITE, APP AND ACCOUNT SET-UP AND SECURITY

5.01 Users are responsible for obtaining their own access to the Website and App, and for their availability and performance. Users are required to ensure that all persons who access the Website or App through a user's internet connection are aware of these Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website or App.

5.02 The Website and App, including content or areas of them may require user registration. It is a condition of your use of the Website and App that all the information you provide on them is correct, current, and complete.

5.03 Your provision of registration information and any submissions you make to the Website or App through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy www.iubenda.com/privacy-policy/75340496.

5.04 Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website, App or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

5.05 We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

5.06 You are prohibited from attempting to circumvent and from violating the security of the Website or App including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website or App owner's ability to monitor the Website or App; (f) use any robot, spider, or other automatic device, process, or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website and App; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Website or App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Website or App.

ARTICLE 6 PAYMENT AND PAYMENT TERMS

6.01 We reserve the right to cancel or modify a price at any time of the product or service. The Company strives to have the same or lower price than other retailers but cannot guarantee a price or price match competitor pricing.

6.02 You are responsible for all fees associated with your use of the Company’s Services. We are responsible for communicating those fees to you clearly and accurately. You agree to receive a receipt via email or text or through the Company App itself. If a modification or cancellation of Services is necessary, the Company will notify you of this. You are under no obligation to tip your driver for Services, though we would appreciate it you provided feedback about your experience. We may send out from time to time customer surveys to better provide you the products and services that the Company may offer.

6.03 You understand that use of the Services may result in charges to you for the services or goods you receive from the Company (the “Charges”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by the Company. All Charges are due immediately and payment will be facilitated by the Company using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that the Company may use the secondary payment method from your Account, if available. You agree that the Company will send you a receipt by email or text message, and/or through the application. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable law. If you prefer to receive a paper receipt, please contact admin@prairiepump.ca within 30 days of each fill, to request a physical receipt which will be mailed to you at our earliest convenience.

6.04 Payments are non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your billing period (Monthly or Yearly). At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (the “credits”). The amount and form of such credits, and the decision to provide them, are at the Company’s sole and absolute discretion. The provision of credits does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

6.05 The Company, at its sole discretion, reserves the right to create, modify, and remove Charges for any or all services or goods obtained through the use of the Services. The Company may from time to time provide certain users with Promo Codes and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. You agree that such Promo Codes and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to provision of the Services, in which case you may be charged a cancellation fee. The Company, may, at its sole discretion, elect to not fill a requested vehicle if the Company, deems it unsafe to do so, or if fuelling the vehicle would violate an applicable law, code, standard, or procedure. In such an event, the request may be cancelled by the Company, or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is cancelled by the Company, no payment will be charged. The Account holder will be notified.

6.06 The Company reserves the right, at its sole discretion, to offer special services for additional prices, which shall be considered Charges under this Agreement. The terms and conditions of such special services, including pricing and payment terms, shall be made at the sole discretion of the Company.

6.07 Gratuities are voluntary. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver who provides you with services or goods obtained through the Services, you are under no obligation to do so. After your Services have been completed, we would appreciate that you rate and leave additional feedback about your experience, but you are under no obligation to do so.

6.08 The Company may, in its sole discretion, round up or round down amounts that are payable to the Company to the nearest whole functional base unit; for example, the Company will round up an amount of $21.505 to $21.51, or $21.491 to $21.490.

6.09 Certain sections of the Website or App may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or App, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Please review our Privacy Policy for how we comply with securing your personal data.

6.10 Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website or App, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

6.11 Payment processing companies and merchants may ave privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Website or App, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase.

6.12 You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or App.

ARTICLE 7 INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

7.01 The Services and all rights therein are and shall remain the Company’s property or the property of the Company’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights:

(a) in or related to the Services except for the limited license granted herein; or

(b) to use or reference in any manner the Company’s company names, logos, product and service names, trademarks or services marks or those of the Company’s licensors.

7.02 You understand and agree that the Website, App and their entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

7.03 The Company name, the Company logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website or App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

7.04 You may only use the Website and App for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or App, in any form or medium whatsoever except: (i) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; (ii)a reasonable number of copies for

personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and (iii) in the event social media features are provided with respect to certain content are on our Website or App, you may take such actions as our Website or App permits for such features.

7.05 Users are not permitted to modify copies of any materials from this Website or App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website or App. You must not access or use for any commercial purposes any part of the Website, App or any services or materials available through the Website or App.

7.06 If you print off, copy or download any part of our Website or App in breach of these Terms and Conditions, your right to use the Website and App will cease immediatelyand you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website and App or to any content on the Website and App, and all rights not expressly granted are reserved by the Company. Any use of the Website or App not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.

ARTICLE 8 CONDITIONS OF USE AND USER SUBMISSIONS AND CONTENT STANDARDS

8.01 As a condition of your access and use you agree that you may use the Website and App only for lawful purposes and in accordance with these Terms and Conditions.

8.02 The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Website or App, to other users or other persons ("User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.

8.03 Without limiting the foregoing you warrant and agree that your use of the Website, App and any User Submissions shall not:

(a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy https://www.iubenda.com/privacy-policy/75340496;

(b) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;

(c) Involve stalking, attempting to exploit any individual or harm minors in any way by exposing them to inappropriate content or otherwise nor ask for personal information;

(d) Involve, provide or contribute any false, inaccurate or misleading information;

(e) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms and Conditions;

(f) Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);

(g) Transmit, or procure the sending of, any advertisements or promotions [without our prior written consent], commercial activities or sales, including without limitation any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;

(h) Include engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or App, or which, as determined by us, may harm the Company or users of the Website and App, or expose them to liability;

(i) Include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;

(j) Promote any illegal activity, or advocate, promote, or assist any unlawful act; and/or

(k) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

ARTICLE 9 USER SUBMISSIONS: GRANT OF LICENSE

9.01 Subject to your compliance with this Agreement, the Company grants you a limited, non exclusive, non-sublicensable, revocable, non-transferrable license to:

(a) access and use the Website and App on your personal device solely in connection with your use of the Services; and

(b) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal direct to consumer or commercial use. Any rights not expressly granted herein are hereby reserved by the Company and the Company’s licensors.

9.02 The Website or App may contain Interactive Functions allowing User Submissions on or through the Website or App.

9.03 None of the User Submissions you submit to the Website or App will be subject to any confidentiality by the Company. By providing any User Submission to the Website or App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

9.04 By submitting the User Submissions you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and the User Submissions and Site Content Standards set out in these Terms and Conditions.

9.05 You understand and agree that you, not the Company, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website or App.

ARTICLE 10 MONITORING AND ENFORCEMENT, SUSPENSION AND TERMINATION

10.01 Company has the right, without provision of notice to:

(a) Remove or refuse to post on the Website or App any User Submissions for any or no reason in our sole discretion;

(b) At all times, to take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including without limitation, for violating the Website, App and User Submissions and Site Content Standards or Terms and Conditions;

(c) Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website or App. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App; and/or

(d) Terminate or suspend your access to all or part of the Website or App for any or no reason, including without limitation, any violation of these Terms and Conditions.

10.02 You waive and hold harmless the Company and its affiliates, licensees and service provider from any and all claims resulting from any action taken by the Company and any of the foregoing parties relating to any, investigations by either the Company or such parties or by law enforcement authorities.

10.03 We have no obligation, nor any responsibility to any party to monitor the Website, App or use, and do not and cannot undertake to review material that you or other users submit to the Website or App. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

ARTICLE 11 NO RELIANCE

11.01 The content on our Website and App is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

11.02 Although we make reasonable efforts to update the information on our Website and App, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website or App is accurate, complete or up to date. Your use of the Website or App is at your own risk and the Company has no responsibility or liability whatsoever for your use of this Website or App.

11.03 The Website and App may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any third-party materials.

ARTICLE 12 PRIVACY

12.01 Any user information and User Submissions will be deemed our property and your submissions and use of our Website or App constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any such User Submissions in compliance with our Privacy Policy https://www.iubenda.com/privacy-policy/75340496, as we deem necessary for use of the Website, App and provision of Services.

12.02 By using this Website or App you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze Website and App use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website or App may not function adequately.

ARTICLE 13 THIRD PARTY WEBSITES AND APPS

13.01 The Services may be made available or accessed in connection with third party services and content (including advertising) that the Company does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. The Company does not endorse such third-party services and content, and in no event shall the Company be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service. You agree to comply with any applicable third-party terms when using the Services.

13.02 For your convenience, the Website or App may provide links or pointers to third party sites. We make no representations about any other websites or mobile applications that may be accessed from the Website or App. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party sites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them.

13.03 Such links to third party sites from the Website or App, may include links to certain social media features that enable you to link or transmit on your own or using certain third party websites, certain limited content from this Website or App. You may only use these features when they are provided by us and solely with respect to the content identified. Such features and links to third party sites are subject to any additional terms and conditions we provide with respect to such features.

13.04 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website and App must not be framed on any other site, nor may you create a link to any part of our Website or App other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

ARTICLE 14 GEOGRAPHIC RESTRICTIONS

14.01 The owner of the Website and App is based in the Province of Saskatchewan, Canada. We provide the Website and App for use only by persons located in the Province of Saskatchewan, Canada. The Website and App are not intended for use in any jurisdiction where its use is not permitted. If you access the Website or App from outside Saskatchewan, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

ARTICLE 15 OPERATIONS

15.01 The Company reserves the right to deliver fuel to the areas specified by us. Your order will not always be prioritized and will be assigned to a list. The Company will maintain to reasonable efforts to provide the purest grades of fuel but not provide any warranty as to the quality or type of fuel provided. We do not commit to fulfilling a specific order based on various reasons. The Company reserves the right to reject an order. You agree that there could be a variation in quantity ordered and quantity supplied. You will always be billed based on the quantity supplied. The Company will not be liable for any damage to your vehicle for any reason whatsoever. The Company 's employees reserve the right to contact you through various channels during the order process. The Company will not commit to the accuracy of the location provided by you. The Company reserves the right to charge delivery charge if your vehicle is not accessible. The Company reserves the right not to fill a customer if vehicle details are incorrect and the Company will reserve the right charge delivery cost. The Company reserves the right to not deliver if truck equipment is faulty. The Company reserves the right to fill a smaller quantity then what is ordered by you if your vehicle tank capacity is lower than quantity ordered.

15.02 Before any products or services are delivered, it is the sole responsibility of the Company's driver, the Company licensee or third-party provider to ensure that all safety measures are in place and there are no risks to safety. This control must be constant to prevent dangerous situations from arising. To achieve this, the Company request that you:

(a) Agree to abide by all safety instruction as indicated by the Company, the Company licensee, or third-party driver;

(b) Ensure that the vehicle to be serviced is parked and the engine switched off;

(d) Make no attempt to operate or handle any of the equipment being used either to deliver the services, or provide a safe environment for the process;

(e) Do not smoke within the Designated Exclusion Zone;

(f) Do not use a mobile phone or other electronic device within the Designated Exclusion Zone;

(g) Ensure children are kept under control and do not interfere with equipment or distract the driver during the service process;

(h) Agree not to attempt to enter or exit the vehicle during the service delivery to avoid the potential for any build-up of static electricity during the service process;

(i) Do not interfere in the driver operations in any way as driver will reserve the right to lodge a formal complaint.

(j) Be respectful to our employees.

(k) The Company reserves the right to charge delivery charge if your vehicle is not accessible/the Company led due to non-compliance to safety requirements.

ARTICLE 16 DISCLAIMER OF WARRANTIES

16.01 You understand and agree that your use of the Website or App, its content, and any services or items found or attained through the Website and App is at your own risk. The Website, App, their content, and any services or items found or attained through the Website or App are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

16.02 Neither the Company nor any affiliates nor their respective directors, officers, employees, agents or service providers makes any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Website, App or their contents. Without limiting the foregoing, neither the Company nor any affiliates nor their respective directors, officers, employees, agents or service providers represents or warrants that the Website, App, their content, or any services or items found or attained through the Website or App will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website and App, or the server(s) that makes them available are free of viruses or other harmful components.

16.03 We cannot and do not guarantee or warrant that files or data available for downloading from the internet, the Website or the App will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website, App and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website, App or any services or items found or attained through the Website or App, or to your downloading of any material posted on it, or on any website linked to them.

16.04 WITHOUT LIMITING THE ABOVE, YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OF FUELS PROVIDED TO YOU. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

ARTICLE 17 LIMITATION ON LIABILITY

17.01 UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR

ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

17.02 FURTHERMORE, THE COMPANY IS NOT LIABLE FOR ANY OTHER INTANGIBLE LOSSES RESULTING FROM:

(a) THE USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO USE THE SERVICE;

(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

(e) ANY OTHER MATTER RELATING TO THE COMPANY SERVICES.

17.03 THE COMPANY ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR A DELAY, FAILURE IN PERFORMANCE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND/OR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY OTHER INJURY RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

ARTICLE 18 INDEMNIFICATION

18.01 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions.

18.02 You are responsible for your use of the Services, and you will indemnify and hold the Company and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in any way connected with:

(a) your access to, use of, or alleged use of, the Services or services or goods obtained through your use of the Services;

(b) your breach or violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;

(d) your violation of the rights of any third party, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or

(e) any dispute or issue between you and any third party.

18.03 We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.

ARTICLE 19 DISPUTE RESOLUTION

19.01 You agree to binding arbitration which means that you waive your right to have a judge potentially hear your claim and instead agree to neutral third party, an arbitrator, hear both sides and decide upon the claim. You also waive your right to be in a class action suit. Please read this section carefully as it limits the manner in which you can seek relief from the Company.

19.02 You and the Company (the "Parties") agree that we will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a director of each of the Parties with authority to settle the relevant dispute within Thirty (30) days written notice. By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against the Company on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against the Company, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Company by someone else.

19.03 You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and the Company. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:

(a) bring an individual action in small claims court;

(b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available;

(d) to file suit in a court of law to address an intellectual property infringement claim.

19.04 The arbitration will be administered by the Canadian Arbitration Association (the “CAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “CAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The CAA Rules are available at https://canadianarbitrationassociation.ca/?page_id=17 or by calling the CAA at 1-800-856- 5154. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

19.05 Arbitration as specified in the CAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the province of Saskatchewan and will be selected by the parties from the CAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Arbitration, then the CAA will appoint the arbitrator in accordance with the CAA Rules.

19.06 If you commence arbitration in accordance with these Terms, the Company will reimburse you for your payment of the filing fee, unless your claim is for more than $1,000, in which case the payment of any fees will be decided by the CAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Saskatoon, Saskatchewan, but if the claim is for $1,000 or less, you may choose whether the arbitration will be conducted:

(a) solely on the basis of documents submitted to the arbitrator;

(b) through a non-appearance based telephone hearing; or

19.07 If the arbitrator finds that either the substance of your claim or the relief sought in the Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure, then the payment of all fees will be governed by the CAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the CAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within Thirty (30) days of the arbitrator’s ruling on the merits.

19.08 The arbitrator will render an award within the time frame specified in the CAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section herein as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. The Company will not seek, and hereby waives all rights the Company may have under applicable law to recover, attorneys’ fees and expenses if the Company prevail in arbitration.

19.09 YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration section will be null and void.

19.10 If the Company makes any future change to this arbitration provision, other than a change to the Company’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to the Company’s address for Notice, in which case your account with the Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

19.11 This dispute resolution shall survive the termination or expiry of this Agreement.

19.12 The Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company with such notice deemed given when received by the Company, at any time by first class mail or pre-paid post to the Company at 613 Main Street, Martensville, Saskatchewan S0K 2T0.

ARTICLE 20 GOVERNING LAW AND JURISDICTION

20.01 The Website, App and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Saskatchewan or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

20.02 Any action or proceeding arising out of or relating to this Website or App and under these Terms and Conditions will be instituted in the courts of the Province of Saskatchewan and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

ARTICLE 21 WAIVER

21.01 No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

ARTICLE 22 SEVERABILITY

22.01 If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect anyother term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

ARTICLE 23 ENTIRE AGREEMENT

23.01 The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Prairie Pump Mobile Fuel Inc. regarding the Website or App and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

ARTICLE 24 REPORTING AND CONTACT

24.01 This Website and App is operated by Prairie Pump Mobile Fuel Inc. with their head office located at Martensville, Saskatchewan S0K 2T0.

24.02 Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at admin@prairiepump.ca.

24.03 All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to admin@prairiepump.ca.

This Agreement Dated Effective the 1st day of, January, 2023.