App Terms & Conditions
Welcome to the terms and conditions (“Terms”) for INSTAOIL, LLC. These Terms are between you (the “User”) and INSTAOIL, LLC and/or its affiliates (“Instaoil” or “Us”) and govern our respective rights and obligations. Please note that your use of the Instaoil App or Website are also governed by the agreements listed below, as well as all other applicable terms, conditions, limitations, and requirements on the App or Website (“the Platforms”), as amended from time to time, all of which are incorporated into these Terms. If you create an account on the Platforms, or request a delivery of oil through the Platforms, you accept these terms, conditions, limitations and requirements.
1. The Service: Instaoil is a service that allows a User to request oil deliveries through the Platforms in exchange for an immediate payment made through the Platforms (the “Service”). Nothing in the Service shall create an obligation for Instaoil to provide “automatic delivery services” or to otherwise track the fuel oil usage of any User, as each User shall be responsible to monitor their own fuel oil levels and request oil as needed. Instaoil shall endeavor to, but not be responsible to guarantee same day service. The User must recognize that due to weather, road conditions, supply chain issues, demand, and Acts of God it may not be possible for Instaoil to provide a delivery in the time frame requested by the User. Instaoil reserves the right to cancel or reschedule any delivery in its sole and exclusive discretion and as a result, a User must appropriately plan ahead for requested deliveries in order to provide for adequate time for completion.
2. User Accounts: To use the app, a User must create a User Account to include the following information:
- Email Address and a Password
- Street Address for Deliveries
- Credit/Debit Card Information
- Phone Number
Instaoil reserves the right to set a User Account to “on hold” if Instaoil identifies an issue fulfilling your Delivery Request (e.g., we notice something is broken and are unable to complete the delivery). You will receive a notification of the inability to deliver via email. Following such notification, you will have the option to mark the issue as resolved and then place a new order.
Instaoil reserves the right to set a User Account to “suspended” if we attempt delivery after you indicate that a recognized issue has been fixed, and a second delivery attempt reveals that the issue has not been resolved. If an account is suspended, the User will no longer be able to place orders and the User will need to contact Instaoil to have service restored.
A User may configure push and email notification options in the “Notifications” section of the app, however not all Notifications shall be optional and Instaoil reserves the right to send push notifications as it, in its discretion, determines are necessary, concerning deliveries.
3. Geographical Limitations: User recognizes that Instaoil services only the following zip codes:
- 06037
- 06450
- 06451
- WHAT ZIPs DO YOU WANT TO SERVICE
4. Ordering, Delivery, and Charges:
- The use of the Platforms is free.
- A Delivery between 100-999 gallons may be requested through the Platforms.
- Payments for Delivery, in the amount identified on the Platform at the time of the Delivery Request, are processed at the time of the Order. Tax will not charged for commercial properties only. Your property must be accurately identified as commercial or residential.
- If selecting a same-day delivery, a fee for expedited delivery of $50.00 shall apply in addition to the cost of the delivery. Same-day deliveries may be requested until noon only.
- A Delivery may be cancelled or refunded up to 4:00 PM on the day before the scheduled Delivery for full credit card refund, or account credit. A Delivery Request cannot be refunded or cancelled on the Delivery Day.
- Once placed, a Delivery Request cannot be edited. In the event of an error in a Delivery Request the Request should be cancelled, in accordance with these terms and a new Delivery Request should be placed.
- The User understands and acknowledges that the Service includes only the delivery of oil. Instaoil is not a full-service HVAC company, and will not provide service to the User’s system, including without limitation priming the system in the event that a run out has occurred.
5. Inability to Deliver: If Instaoil is unable to deliver your oil for a reason that is not attributable to Instaoil, including without limitation, a broken whistle or other defective infrastructure at the User’s Property, a frozen or leaking pipe, an inability to access fill location due to site conditions such as an accumulation of snow or ice, your order will be cancelled and you will be notified of the reason for the cancellation via email and push notification on the app. Refunds will be handled on a case-by-case basis following communication concerning an attempt to rectify the reason that Delivery could not be accomplished.
If Instaoil is unable to deliver your oil for a reason attributable to either Instaoil or weather, you will be notified via email and push notification on the app you will have the option to reschedule to the next available day or cancel the delivery in which event a full refund will be issued. Instaoil, reserves the right to reschedule any and all deliveries, subject to User approval.
If for any reason a delivery has not been made within seven (7) days of the requested delivery date, the Order shall be cancelled. In the event that the inability to deliver was attributable to the user, Instaoil shall be entitled to retain $25.00 for each attempted delivery, with the balance of funds to be returned to the User.
6. Account Credits: For every 100 gallons delivered to your Property through your User Account, you will earn a $5.00 credit. Credits are automatically added to your account. Any available credits are automatically applied to your next order but will not be refunded in cash or cash equivalent.
7. Excess Oil: Upon the completion of your requested delivery, you will be notified of how many gallons were delivered via email and push notification on the app. If you did not take/require the amount of oil ordered you will be charged for the amount actually delivered and any overpayment will be automatically added as a credit to your account. You may also request, through the Platforms, that a credit card refund for the overpayment be provided if desired.
There is a 100-gallon minimum charge. If we deliver less than 100 gallons, you will still be charged for 100 gallons and no refund will be provided.
8. Credit/Debit Card Refunds: Refunds are processed same day but may take 7-10 days to show on your bank/credit card statement. Refunds may only be applied to the same method of payment used for the underlying payment. Credit/Debit Card Refunds may not be provided more than 60 days following a credit card payment. Following such 60-day period, only account credits will be provided.
9. Limitation of Liability: In addition to other limitations and exclusions herein, our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the last delivery fee you paid. This limitation of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your User Account. Instaoil specifically and completely disclaims liability for defective equipment located at a User Property including without limitation disconnected fill pipes which have not been properly sealed or abandoned, or old and failing pipes and tanks. The User acknowledges this disclaimer and specifically understands that any loss or damage attributable to a release of oil resulting from aged or defective equipment at the User’s Property shall be the responsibility of the User. In consideration of Instaoil’s delivery of oil based upon this limitation of liability the User agrees to indemnify and hold Instaoil harmless from any loss or damage caused by the release of oil at the User’s property which results from a condition at the Property.
10. Disputes: Any dispute or claim relating in any way to these Terms or your use of Instaoil will be adjudicated in the Connecticut State Court sitting in New Haven County, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
11. Contacting Us: In order to contact us you may submit a support ticket through the app or email us using our online contact form.