Terms & Conditions

Harmony Fuels provides a means to purchase heating oil and propane (“Product”) from third party service providers (each a “Provider”).

PLEASE READ THESE TERMS OF SERVICE (COLLECTIVELY WITH HARMONY FUEL’S PRIVACY POLICY LOCATED AT www.harmonyfuels.com, THE “TERMS OF SERVICE”) CAREFULLY BEFORE USING THE HARMONY WEBSITE AND MOBILE APP (COLLECTIVELY THE “SITE”), AND THE SERVICES, FEATURES AND CONTENT OFFERED BY HARMONY (“HARMONY,” “WE,” “US” OR “OUR”) (TOGETHER WITH THE SITE AND THE APPLICATIONS, THE “SERVICES”). THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES.

YOUR RIGHT TO USE THE SERVICES IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TERMS OF SERVICE. BY VISITING THE SITE AND/OR USING THE SERVICES IN ANY MANNER, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.

  1. Acceptance of Terms of Service. By using the Services, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time through the Services by us, each of which is incorporated into these Terms of Service by this reference and each of which may be updated from time to time. These Terms of Service apply to all users of the Services (“Users”), registered or otherwise, and not just those Users who buy Product using the Services.
  2. Eligibility. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not use the Services. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your own personal use and not for you to use for the benefit of any third party. You may not use the Services to purchase Product for resale.
  3. Registration. Currently, there are no subscription charges or membership fees to use the Services – you pay only for the Product you purchase. However, using certain features of the Services, including buying Product, requires that you register an account with us (your “Account”). You agree to provide accurate and complete personal information in connection with such registration process, including without limitation your full name and email address. In order to facilitate transactions via the Services, we may request additional personal information in connection with such transactions, such as your delivery address and phone number. You must provide accurate and complete information and keep your Account information updated. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s User account or registration information for the Services without permission, or register any Account for the purpose of impersonating anyone else. You may only register one Account with us at a time. You must notify us immediately of any breach of security or unauthorized use of your Account.
  4. Content. The term “Content” means all content appearing on the Site or delivered through the Services, including, without limitation, information, data, text, photographs, videos, written posts and comments, and graphics. Content on the site may be provided by us, our partners, advertisers and our Users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. We do not guarantee that any specific Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason.
  5. Feedback. Any feedback, reviews, comments, survey response, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may provide us from time to time (the “Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto). You hereby assign and agree to assign all right, title and interest in and to the Feedback to us.
  6. Purchasing Product.
    1. Product Information. All information and descriptions for the Products are for Products that are sold by third parties and may be based on information provided to Harmony by Providers or based on information available to Harmony from other sources (e.g., third party reviews, company listings, etc.). Harmony does its best to provide information that it believes is correct, but cannot guarantee the accuracy or completeness of any Content on the Site. There may be information in our Services that contains typographical errors, inaccuracies, omissions and other types of errors, including without limitation errors that relate to descriptions of Products, pricing, promotions, offers, and availability. We are not responsible for these errors; however, we will take reasonably requested steps to correct any materials errors related to any of your listings for Products.
    2. Binding Sale. When you submit an order for Product via the Services, you are entering into a binding agreement to purchase the Product in the quantity specified directly from the Provider specified in the transaction summary. Harmony will charge the method of payment you supply according to the displayed purchase price and will submit your information to the Provider so that the Provider may deliver the Product to you. In some situations, the exact quantity of Product to be delivered is not known at the time of purchase. In these cases, you authorize us to charge your method of payment for the full amount at the time of your order (“Estimated Charges”), which might exceed or fall short of the final purchase amount. Within ten (10) days after receipt of confirmation of the final purchase amount (“Final Charges”) by the Provider, we will either charge your method of payment or refund to your method of payment (as applicable) any difference between the Estimated Charges and the Final Charges. We reserve the right to invoice Users (with payment due upon receipt of invoice) if we are unable to charge your payment method for the full amount of the Final Charges.
    3. Delivery Timeframe. You are responsible for ensuring that the path from the public road to your fill pipe is accessible to Providers. Our Providers commit to completing delivery within three (3) business days after your order is submitted. However, in some circumstances, it may take longer to receive Product (e.g., due to inclement weather, fill pipe accessibility, mechanical breakdowns, and other unforeseen conditions to include force majeure). Harmony, and our Providers will do their best to keep you informed as to the status of your order if there is a significant delay, but neither we nor our Providers shall be responsible for the consequences of any delay. During the off-season schedule of our Providers (March 1st through September 1st) the time frame for delivery may exceed 3 business days.
    4. Propane Delivery. You must own the propane tank and have the proof of ownership in order for deliveries to be made through Harmony. You agree that our Providers may enter your Property (even if you are not present) for the purpose of making deliveries of Propane, for gaining access to equipment into which Propane is delivered, and for any other purpose related to the Service. Harmony may refuse to provide Service if Provider believes that Product cannot safely be delivered due to conditions on or approaching your Property, including unsafe road conditions, dangerous animals, or locked gates. You agree to maintain the Property in a condition so that the weight of our vehicle will not damage your driveway or yard, and agree not to hold us responsible for any such damage. You agree to provide ingress and egress to the equipment. You agree not to erect structures, fences, or other improvements and not to plant or grow trees or shrubs that restrict access to the equipment.
    5. Condition of Oil Storage Tanks. All fuel storage tanks and associated piping must be in safe operating condition and installed in compliance with all local building codes and regulations. Fuel tank “vent alarms” or “whistles” must be in proper operating condition. Harmony abides by a “No whistle, no delivery policy”. It is in our Providers sole discretion to determine if a delivery can be made in a safe manner. In the event that the Provider determines that a delivery cannot be made in a safe manner, you may be liable for a minimum delivery fee at the discretion of Harmony not to exceed $150.00. In some jurisdictions, and as a requirement of some Providers insurance companies, a “first delivery tank inspection” may be required. If this is the case for your delivery you will be notified and a convenient time will be arranged for the Provider to conduct your tank inspection. You must supply the Provider with access to your tank for this inspection. This inspection is only required prior to the first delivery, unless conditions change for your tank or location. There is no charge for this inspection. Customers requesting and/or in need of a whole house system check must be present at time of service.
    6. Automatic Delivery Service. Harmony may offer a service that uses technology whether software and/or hardware that predicts your heating oil tanks level and uses this data to automatically create delivery tickets. You understand that this technology may not accurately predict your tanks level and that every house and fuel usage situation is different. You expressly indemnify Harmony from any situation that may arise from you running out of heating oil. ?It is understood that Harmony is in no way guaranteeing you will not run out of oil. There are situations where whether weather related or technological malfunction that may limit or prevent Harmony from delivering product in a meaningful timeframe. Should any adverse situation arise as a result of your usage of this service, you are fully and wholly responsible for any damages and you agree that you will not hold Harmony responsible in any manner.
    7. Order Cancellation. Due to the automated and real time nature of the Harmony order and delivery process, we are unable to cancel orders once the order is confirmed, except as a result of force majeure (see Delivery Timeframe). Should you inadvertently place more than one order with Harmony or another fuel company, contact Harmony immediately by phone or email. Multiple deliveries to the same tank can cause an unsafe condition and could result in an accidental fuel release resulting in environmental contamination or an otherwise hazardous situation.
    8. Territory Restrictions. We can only accept orders for Product from Users located in the United States for delivery within our then-current service area, which you can find on our Site (“Service Area”). No Product advertised or offer to deliver Product is valid outside our Service Area. Orders for Product to be delivered outside the Service Area are subject to cancellation.
    9. Claims. THE APPLICABLE PROVIDER, NOT HARMONY, IS RESPONSIBLE FOR DELIVERING PRODUCT TO YOU AND FOR PERFORMING ANY SERVICES THAT ARE ASSOCIATED WITH YOUR PURCHASE. ANY CLAIMS RELATED TO THE DELIVERY OF THE PRODUCT, INCLUDING CLAIMS THAT PRODUCT WAS NOT DELIVERED, CLAIMS OF DAMAGE TO PROPERTY, OR CLAIMS RELATED TO PRODUCT QUALITY ISSUES MUST BE HANDLED SOLELY BETWEEN YOU AND THE APPLICABLE PROVIDER. YOU ARE RESPONSIBLE FOR MAKING ANY CLAIMS DIRECTLY WITH THE PROVIDER AND AGREE THAT YOU WILL NOT SEEK TO HOLD HARMONY RESPONSIBLE FOR THE FOREGOING CLAIMS.
  7. Rules of Conduct.
    1. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
    2. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services that:
      1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
      2. you know is false, misleading, untruthful or inaccurate;
      3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
      4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
      5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
      6. impersonates any person or entity, including any of our employees or representatives; or
      7. includes anyone’s identification documents or sensitive financial information.
    3. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
    4. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
  8. Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
  9. Termination We may terminate the Services and/or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  10. Warranty Disclaimer.
    1. We have no special relationship with or fiduciary duty to you. You release us from all liability for you having acquired or not acquired Content or Product through the Services. We make no representations or warranty concerning any Content or Product contained in or acquired through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of Content or Product contained in or acquired through the Services.
    2. Harmony has no control over the quality, safety, or legality of any aspect of the Product sold by Providers, the truth or accuracy of the any Product descriptions, or the ability of Providers to sell and deliver the Product. Your use of the Services and any Product acquired through the Services is at your own risk.
    3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM HARMONY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
  11. Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or inability to use the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
  12. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO SUCH DAMAGES OR (B) $50.00. SOME STATES DO NOT PERMIT THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  13. Dispute Resolution. A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in any dispute resolution or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. User and Harmony agree that any claim or cause of action arising out of or related to the Service must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Service are governed by and will be construed under the laws of the commonwealth of Pennsylvania, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Pennsylvania, in English, in accordance with the Rules of the American Arbitration Association (“AAA”). Such arbitration shall take place in Pennsylvania and shall be conducted by an arbitrator in accordance with the then existing rules of AAA. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in the State of Pennsylvania. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND HARMONY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  14. Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of material modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
  15. Miscellaneous.
    1. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    2. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
    3. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
    4. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
    5. Notices. Unless otherwise specified in these Term of Services, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected].
    6. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
    7. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
  16. Contact. You may contact us at the following address: 415 Norway St., York PA 17403.

Effective Date: November 5, 2019