41. Any promotional incentives offered to the Customer or Cardholder for any purpose or period may be withdrawn by the Company at any time without notice.

42.i The Company may in connection with the proper operation of the Maxol Fuel Cards scheme, at any time, disclose to its agents, sub-contractors or to any other company in the Maxol Group, any information concerning its Customers’ accounts.

42.ii The Customer authorises the Company to at any time disclose to it’s agents or subcontractors any information necessary to enable the Company to perform this Agreement (including personal data relating to that individual as defined in the Data Protection Acts, 1988 and 2003) and which is provided by the Customer or is in relation to the Customer’s account. The Customer consents to any of that information being stored electronically and processed by the Company, its agent or subcontractors.

42.iii The Company may make periodic searches of records of companies within the Maxol Group, credit reference and fraud prevention agencies so as to manage the Customer’s account, to make decisions regarding credit, including whether to make credit available or to continue or extend credit.

43.i Neither party shall be under liability whatsoever to the other for failure or delay in the performance of any of its obligations hereunder if and for so long as such performance becomes impracticable by reason of Force Majeure.

43.ii Force Majeure shall include without limitation acts of God, flood, fire, tempest, war, civil commotion, riot, shortage of materials, enactment of legislation by Government or municipal authorities industrial disputes or any other cause (whether or not of the same nature as the foregoing) which is beyond the reasonable control of the party affected.

43.iii The party which is prevented from performing its obligations hereunder by Force Majeure shall advise the other party when such difficulty ceases.

43.iv The Company shall not be liable for any failure to perform its obligations under this Agreement due to any cause or circumstance beyond its control which shall include amongst other things (but without limitation) failure of any data processing or other system, transmission link or other equipment of any third party.

44. This Agreement shall be governed by and construed in accordance with the laws of Ireland. The Customer and the Company agree to submit to exclusive jurisdiction of the Courts of Ireland to settle any disputes which may arise out of or in connection with this Agreement or its performance and accordingly that any suit, action or proceedings so arising may be brought in such courts.

45. This Agreement is personal to and is not assignable by the Customer under any conditions whatsoever and it will bind his personal representatives and executors if an individual and successors if a company. The benefit of this Agreement may be assignable at any time by the Company at its sole discretion.

46. Any waiver by the Company or any failure on the part of the Company to take any action for enforcement of a contract in consequence of any breach of any of the terms of this Agreement by the Customer shall not operate as a continuing waiver of the breach in question or prevent the Company from subsequently enforcing its rights in respect of any continuing or like breach.

47. In the event of the invalidity or unenforceability of any part or provision of this Agreement such invalidity or unenforceability shall be deemed omitted or, as the case may be, reduced in size or duration to the extent necessary to render such provision or part enforceable but it shall not affect the validity or enforceability of any other part or provision.