Refund Policy

Last updated on 25-09-2024 10:02:06

SCOPE

Thank you for using My Fuels. These terms hereinafter, are intended to make you aware of the respective legal rights and responsibilities associated with procurement and use of goods/products and services from My Fuels (“Services”). These ‘Terms of Use’ is formulated and published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and other applicable laws that requires the publication of rules and regulations, privacy policy (‘Privacy Policy’) and Terms of Use for access or usage of My Fuels Application (‘My Fuels Application’). These Terms of Use and/or service (“Terms”) together with our Privacy Policy govern your use of My Fuels Application including, without limitation, and to the extent applicable, the access, review, subscription and/or download of the My Fuels Application.

  1. Procurement of Services from My Fuels can be made through its website at https://myfuels.in/ (the “Website”) or the My Fuels Application, and/or any related mobile or software applications including but not limited to delivery of information or services whether existing now or in the future that link to the Terms. The services obtained by you through the Website or the My Fuels Application (which may be updated from time-to-time) shall mean one and the same.
  2. The My Fuels Application and the Website are owned and operated by Novo Fuelogy Bharat Private Limited, a Private Limited company registered under the Companies Act 2013(18 of 2013) and rules 18 of the companies (Incorporation) Rules- 2014, having its registered office at NO.1104, TOWER-17, ORCHID PETALS, SECTOR-49, Gurgaon-122018, Haryana.
  3. However, the performance and use of My Fuels Application with regards to any Privacy Policy is subject to separate terms and conditions as presented herewith. Please read the Terms carefully before subscribing/using the Services provided by the My Fuels Application. By accessing or using the My Fuels Application, you are agreeing to the Terms and concluding a legally binding contract with My Fuels. You may decline the Terms by choosing not to use the My Fuels Application. Your use of the My Fuels application and its services is at your sole risk, including the obligations that you might face after availing services from My Fuels. If you choose to access and/or use the My Fuels Application, you represent and warrant that you have the authority to avail Services and bind yourself to the Terms. For the purposes of these Terms “you” and “your” shall refer to such user. For the avoidance of any doubt, a user may be a consumer/customer, who may respectively mean an individual, person, company, partnership or a proprietorship firm, client, purchaser, principal or agent, all collectively and/or separately intended to mean the “User” who uses the My Fuels Application and who is the recipient of the Services procured using the My Fuels Application
  4. For the purposes of these Terms, “My Fuels”, “we” or “our” means Novo Fuelogy Bharat Private Limited or My Fuels Group and whereas, My Fuels is in the business of providing online-service of door-step delivery of fuel for use of private and/ or commercial purposes.

DEFINITIONS

  1. “My Fuels Application” means the proprietary online Website and/or the mobile based My Fuels Application of My Fuels, wherein the said mobile application is available on platforms operating on the Android OS and/or iOS, which enables a User to (a) place an order over the My Fuels Application for the purpose of availing Services; and (b) track the status of the order placed by such User; and (c) facilitate a provision of payment by the User towards the Services obtained from My Fuels.
  2. “Buyer” means the User, as illustrated in Clause 1 (d), who places an order to procure Services via My Fuels Application.
  3. “Delivery Model” means doorstep delivery of fuel by My Fuels, and its associated services and/or products, as the case may be, for an order place by a User for commercial purposes with a minimum order quantity of 20ltrs of Diesel.
  4. “Fuel” shall mean ready-to-use Diesel of applicable benchmark standards for use in vehicles.
  5. “My Fuels Group” shall mean Novo Fuelogy Bharat Private Limited and its Affiliates, and shall include its affiliated partners, distributors and delivery agents.
  6. “My Fuels Affiliate” shall mean any entity that is directly or indirectly Controlled by or under the common Control of Novo Fuelogy Bharat Private Limited. “Control” and shall mean the direct or indirect ownership or having a Control of more than 50% of the voting interests in the relevant My Fuels Affiliate and “Controlled” shall be construed accordingly.
  7. “Product” shall mean the goods and/or services as mentioned in clause 1 (a) that are available for sale via My Fuels Application.
  8. “Fuel To GO” means the model whereby User places an order via My Fuels Application to an associated seller and chooses to pick up the product or avail the service on its own accord, from the designated location of the Associated Seller.
  9. “Associated Seller” means the parties offering their products or services via the My Fuels Application, either under the Fuel To GO or Delivery Model, as the case may be, including but not limited to oil companies and their recognized refilling stations station, electronic vehicle charging and servicing stations, or offering any other products and/or services not described in clause 2 (d).

ACCEPTANCE OF TERMS

By accessing and using My Fuels Application, you agree to these Terms (including Privacy Policy). If you do not agree to Terms, you should immediately cease to use of My Fuels Application and you must not download the My Fuels Application. These Terms may be changed from time-to-time so you must read these Terms every time you access and use My Fuels Application.

By accessing and using My Fuels Application, you agree to these Terms as also mentioned in clause 1 (d) and the Privacy Policy referred hereinafter.

The Terms associated with the Use of My Fuels Application are binding upon the User unless My Fuels notifies you of any change(s) to these Terms, or if, My Fuels is obliged to make a change in these Terms as a result of changes to the applicable law.

USE OF MY FUELS APPLICATION

  1. Right to use:

    Subject to you complying with these Terms and paying all applicable charges, we hereby grant you a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable, right to access and use of My Fuels Application for your commercial purposes.

  2. Permitted use

    You agree not to access or use My Fuels Application for purposes that are inconsistent with our legitimate business interests or which is in breach of applicable law. In particular, you are permitted to use My Fuels Application only in strict compliance with these Terms, not limiting to what is mentioned in clause 2 (a)-(i), and to obtain information (so long as that information is not being gathered for a use in any manner which is or could be detrimental to My Fuels Group (unless such use is otherwise protected by law)); (ii) provide feedback or other constructive comments to My Fuels Group (which are not scandalous, denigrating or defamatory); and/or (iii) review the My Fuels Application on public platforms or other medium, as the case may be.

  3. Restrictions

    You agree that you shall not:

    • use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the My Fuels Application or any content, or in any way reproduce or circumvent the navigational structure or presentation of the My Fuels Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the My Fuels Application and we reserve our right to prohibit any such activity;
    • attempt to gain unauthorized access to any portion or feature of the My Fuels Application, or any other systems or networks connected to the My Fuels Application or to any server, computer, network, or to any of the services offered on or through the My Fuels Application, by hacking, “password mining” or any other illegitimate means;
    • probe, scan or test the vulnerability of the My Fuels Application or any network connected to the My Fuels Application nor breach the security or authentication measures on the My Fuels Application or any network connected to the My Fuels Application. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to My Fuels Application, or any other Buyer, including any account on the My Fuels Application not owned by you, to its source, or exploit the My Fuels Application or any service or information made available or offered by or through the My Fuels Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the My Fuels Application;
    • use any device, software or routine to interfere or attempt to interfere with the proper working of the My Fuels Application or any transaction being conducted on the My Fuels Application, or with any other person’s use of the My Fuels Application;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the My Fuels Application or any service offered on or through the My Fuels Application. You shall not misrepresent or impersonate any other individual or entity;
    • decompile, disassemble, reverse engineer, decrypt or otherwise attempt to derive any source code from My Fuels Application;
    • modify, adapt or create any derivative applications or derivative works of, or from, My Fuels Application;
    • destroy or remove any intellectual property, confidentiality or other proprietary or legal markings or notices on My Fuels Application;
    • sell, license, lease, transfer, advertise, access, use or distribute My Fuels Application to any third- party, except as expressly agreed by My Fuels in writing;
    • upload, post, input, add, transmit, display, store, distribute to, or otherwise make available through, My Fuels Application, content that (i) violates any legal, intellectual property rights, confidentiality or privacy rights of others; (ii) is inappropriate, inaccurate, illegal, or offensive; or (iii) that contains or triggers any viruses, Trojan horses, worms, malware, time bombs, cancelbots, corrupted files, or any other similar software/spyware, program or device that may be damaging;
    • access, use or distribute My Fuels Application for unlawful, fraudulent, infringing, inappropriate, or any illegal purposes;
    • extract and/or re-utilise any part of My Fuels Application;
    • create and/or publish your own database that features any part of My Fuels Application;
    • be a User expressly barred from availing products and services falling under the class/category of products and services similarly offered by the My Fuels Group, by any Government Agency, any Oil-producing and refinery company in India, or who is barred by any Court Order;
    • alter, add or remove any copyright, trademark or other proprietary notices from any portion of the My Fuels Application;
    • link to mirror or frame any portion of the Application;
    • making a false claim to obtain a right to use My Fuels Application; or
    • solicit the performance of any illegal activity or other activity that infringes the rights of My Fuels Application and/or others.

    Further, My Fuels Group shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally in any DoS/DDoS (Distributed Denial of Services), pen-testing attempts to the My Fuels Application and the My Fuels Group’s associated website(s). Furthermore, User shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) the Digital Personal Data Protection Act, 2023; and (c) all applicable domestic laws, rules and regulations regarding your use of the My Fuels Application.

  4. Compliance with laws

    You agree to comply with all applicable law while accessing and using My Fuels Application.

YOUR ACCOUNT

You may need to create your own account (“Account”) to use My Fuels Application and you may be required to log into your Account to make a payment from a list of RBI-authorized payment systems/methods. If there is a problem processing a payment through your selected payment method, we may allow you any other valid payment methods associated with your Account as said further in these Terms.

You are responsible for maintaining the ownership, and confidentiality of your Account, including and not limited to username and password for use of the My Fuels Application, and also restrict unauthorized access and use of your Account by any third-party. You agree to ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. You shall take appropriate preventive steps if you have any reason to believe that your username and/or password has become known to anyone else, or if the username and/or password is being, or is likely to be used in an un-authorised or illegal manner.

You are responsible for ensuring that the details given by you (and each of your authorised users) to us are correct, accurate and complete and, shall update us regarding any subsequent change, and illustratively being name and address of delivery of Service.

You must not use your Account or My Fuels Application: (i) in any way that causes, or is likely to cause, My Fuels Application, or any access to it, to be interrupted, damaged or impaired in any way; or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety or (iv) in any manner which may cause any loss to My Fuels Group.

You acknowledge and agree that if My Fuels disables access to your Account, for breach of the Terms or for any reasons whatsoever, you may be prevented, in the interim or permanently, from accessing the My Fuels Application, your account details or any files or other content, which is contained in your account.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable law, these Terms or any other applicable terms and conditions, guidelines or policies that may apply.

By using My Fuels Application, you hereby further undertake and/or state:

  1. That you are above 18 years of age, and a major as per laws of India.
  2. That the mobile/cell phone number used to register for the Account, belongs to you, and the mobile number required for the specific purpose of registering with My Fuels Application.
  3. That the payment method used to pay, either belongs to you for the specific purpose of obtaining a Service.
  4. To pay all applicable charges including procurement, delivery-charges, surge-charges, handling-charges, and statutory and payment facilitation charges, including taxes, levies, charges, surcharges, cess, and fees that may be charged as applicable.
  5. That you are acting on your own accord and you are willing to be bind yourself to all Terms, when using My Fuels Application and which Terms may be updated from time-to-time.
  6. To not assign or transfer the Account to any other third-person or entity.
  7. To comply with all applicable law.
  8. That in certain instances you may be asked to provide proof-of-identity to access or use My Fuels Application for KYC purposes.
  9. That all information that has been shared by you with My Fuels is factually correct and accurate.
  10. That in case there are quality or quantity issues with the goods procured, you will direct all claims with the Associated Seller.

USER GENERATED CONTENT

You may post constructive reviews, and comments on My Fuels Application, send electronic communications to us and submit suggestions, ideas, comments, questions or other information (“User Generated Content”), as long as the User Generated Content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third-parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false/anonymous e-mail address, impersonate any person or entity (unless you are given special rights under the Terms to administer accounts and perform tasks on behalf of another person or entity), or otherwise mislead as to the origin of the User Generated Content. We reserve the right to remove or edit such User Generated Content. If you believe that any User Generated Content posted by other users of My Fuels Application contains a defamatory statement, or that your intellectual property rights are being infringed by such User Generated Content, please notify My Fuels as soon as possible.

If you post any User Generated Content on My Fuels Application, you grant My Fuels Group (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such User Generated Content, including the moral rights associated with said content, throughout the world (including the right to sublicense these rights to third-parties); and (b) the right to use the name that you submit in connection with such User Generated Content.

You represent and warrant that you own or otherwise control all of the rights to the User Generated Content that you post; that, as on the date that the User Generated Content is posted: (i) the User Generated Content is accurate; and (ii) use of the User Generated Content you supply does not breach any applicable policies, laws or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

You agree to indemnify, over and above what is contained in clause 21, My Fuels Group and its affiliated companies for all claims brought by a third-party against My Fuels Group and/or its affiliated companies arising out of or in connection with the User Generated Content you supply to My Fuels Application or for any breach of the Terms.

You agree to use such User Generated Content at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable, and we shall take all reasonable steps to remove such Content from the My Fuels Application.

For the avoidance of any doubt, any User Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the User Generated Content, and My Fuels Group shall not be liable for any claims or losses arising from such User Generated Content.

THIRD PARTY SERVICES AND MATERIALS

My Fuels Application may contain or have embedded in itself, software, information, services and materials received from third-parties and/or or provide links to third party-websites not under My Fuels Group’s control (“Third Party Materials”). Such Third Party Materials may be subject to restrictions and terms in addition to those set out in these Terms.

My Fuels Group may have formed partnerships or alliances with some third-parties from time-to-time in order to facilitate the Services to you. Nevertheless, you acknowledge and agree that at no time are we making any representation or warranty regarding any Third Party Materials nor will we be liable to you or any third-party for any consequences or claims arising from or in connection with such third-party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third-party. You hereby disclaim and waive any rights and claims you may have against us with respect to third-party’s services/Third Party Materials.

You agree to comply with all such restrictions and terms and that any third-party shall have the right to enforce these Terms with respect to the use of the Third Party Materials owned and/or supplied by that third-party.

Further, My Fuels Application may contain Open Source Software that may be provided to you, under the terms of the open source license agreement or copyright notice accompanying such Open Source Software, each of which you agree to comply with. As used herein, the term “Open Source Software” means any software, program, module, code, library, database, driver or similar component (or portion thereof) that is royalty free, proprietary software, the use of which requires any contractual obligations by the User to a third-party or any license that has been approved by the Open Source Initiative, Free Software Foundation or any similar group.

You acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials.

You agree to use such Third Party Materials at your sole risk and we shall not have any liability to you for Third Party Materials that may be found to be inaccurate, misleading, offensive, indecent, or objectionable.

WE DO NOT ENDORSE, WARRANT, ASSUME LIABILITY OR GUARANTEE ANY APPLICATION, PRODUCT, INFORMATION OR SERVICE OFFERED BY ANY THIRD PARTY (INCLUDING ANY ISV) THROUGH MY FUELS APPLICATION, AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY SUCH THIRD PARTY, EXCEPT, AND TO THE EXTENT, AS OTHERWISE STATED IN THESE TERMS.

Websites of third-parties may contain links to My Fuels Application and that we have no responsibility or liability for any material on such web sites. We reserve the right to disable any unauthorised links to My Fuels Application on any third-party website.

CONFIDENTIAL INFORMATION

  1. Your information

    Except for the checkout pages, any account administration pages (including pages containing your leads, quotes, invoices and orders) and any other parts of My Fuels Application which are clearly identified as confidential or have restricted access (each a “Non-Public Forum”), My Fuels Application is intended to be a public forum and you agree not to provide us or other Users of My Fuels Application with any confidential or proprietary information, unless otherwise required for delivery of Service, that you or the owner of the information do not intend to become public information. Except for information inputted into the checkout or account administration pages of My Fuels Application or any content clearly labelled as confidential that you upload into a Non-Public Forum, any information and/or content that you send or upload to My Fuels Application including but not limited to any article, information, data, text, image, video, photograph, message, review, or posting to any forum or blog (“Your Content”) will be deemed NOT to be confidential or proprietary, and you expressly agree that you waive any trade secret or other confidentiality rights with respect to Your Content.

    ALL UPLOADED INFORMATION OR CONTENT BY YOU INTO MY FUELS APPLICATION, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND TO THE MAXIMUM EXTENT PERMITTED BY LAW MY FUELS GROUP TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USEROF MY FUELS APPLICATION.

  2. Your access to confidential information

    You agree not to reproduce any Confidential Information to which you are provided access through My Fuels Application in any form except as authorised at the time of disclosure. Any reproduction of our Confidential Information shall remain our property and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to:

    • take all reasonable steps (defined below) to keep all Confidential Information strictly confidential;
    • to use Confidential Information solely as authorised at the time of disclosure; and
    • not to disclose any Confidential Information to any party without our prior written consent.

    You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall you use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the My Fuels Application, or compete with the My Fuels Application in whole or in part.

    For the purposes of these Terms, “Confidential Information” shall mean all information of a confidential or proprietary nature, including all trade secrets and other information which we or third-parties protect against unrestricted disclosure to others, which is either labelled confidential, accessed through a restricted area of My Fuels Application or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and “reasonable steps” means those steps you and/or your Company take to protect your own similar Confidential Information, which shall not be less than a reasonable standard of care.

PRIVACY AND DATA PROTECTION

  1. Personal information

    You understand that we collect, use, store and process your personal data (“Personal Data”) in accordance with applicable laws, and the terms of our Privacy Policy and you agree to comply with the Privacy Policy. Where you provide Personal Data, you warrant and represent that you have all necessary rights, authorities, consents and approvals required to transfer such Personal Data to us in accordance with all applicable data protection laws.

  2. Our data use

    Use of the Personal Data shall be governed by Our Privacy Policy, in accordance with the provisions of Digital Personal Data Protection Act, 2023. You understand and agree that we (including the My Fuels Affiliates and third-party service providers) collect, use, store and otherwise process your data for the purposes of improving or providing Services associated with the My Fuels Application, gathering business insights, providing you with personalized content and suggesting other products and services that may be of interest to you, subject to the terms of our Privacy Policy. Please refer to our Privacy Policy as uploaded on our website.

  3. Payment information

    Where we through My Fuels Application, as per applicable RBI guidelines temporarily store your credit card and/or direct debit information provided by you for the purposes of processing the data provided on My Fuels Application and the Services rendered through it. The collection and processing of such information will be treated in compliance with our Privacy Policy and the applicable data protection law as stated in clause 9 (B).

  4. Disclosure of information

    You agree that we may access, preserve and disclose your information and/or content (including any Personal Data, account information and User Generated Content) if required to do so by law or to:

    1. comply with a legal process;
    2. respond to claims that any content violates the rights of third-parties;
    3. protect the rights, our property or personal safety, users of My Fuels Application, and the public; or
    4. enable My Fuels Application to process business transactions.
  5. Updating the Application

    My Fuels Application may include functionality to automatically receive updates or upgrades to the said application/software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that My Fuels Application may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the said Application, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.

NETWORK ACCESS AND DEVICES

The User is solely responsible for maintaining compatible smartphone or any wireless device along with necessary internet connectivity to use My Fuels Application. The User’s mobile/cell network’s data and fees may apply, if the User accesses or uses My Fuels Application from a wireless-enabled device. The User is responsible for acquiring and updating compatible hardware or devices necessary to access and use the My Fuels Application and any updates thereto.

BUYERS/USERS

Any User, regardless of buying any Service, solely at his own discretion, risk and responsibility may buy Services offered by the My Fuels Application, either under Fuel To GO or Delivery Model. My Fuels does not make any recommendations nor gives any warranty (implied or express), guarantee or otherwise with respect to the quality, functionality, fitness for a particular purpose. My Fuels Application acts as an aggregator between the Authorised Seller and User for a product and/or service selling under any Model and shall not be liable for any quality or quantity, delay, non-delivery or for any cancellation of order placed by the User.

As a User, you may also book slots for charging your electric vehicles at designated outlets using the My Fuels Application. However, My Fuels is not responsible for non-availability of vacant slots for charging or quality of any product or service offered at the designated outlets. Products and/or services obtained via My Fuels Application are on as-is basis.

As a User, you acknowledge and agree that details available on the My Fuels Application is available for information purposes as well. You further acknowledge and agree that any information including actual price of any product and/or service may vary from the price shown on our My Fuels Application and therefore you shall alone, and not My Fuels, be responsible to pay for or for any such updated pricing, any additional cost, that may be incurred.

My Fuels Group may from time to time, provide certain offers/coupons/deals (“Scheme”) for promotion of My Fuels Application and for User engagement. As a User, you acknowledge and agree that you shall strictly abide by the terms and conditions of the Scheme, as applicable, which shall be in addition to the Terms.

It is clarified that any Scheme provided by My Fuels Group, unless otherwise mentioned, shall not be clubbed or combined with any other schemes available on My Fuels Application. Further, My Fuels Group, depending upon the prevalent circumstance at a point in time, may suspend/cancel/vary the Scheme without any prior notice.

When a User buys any Service after visiting the My Fuels Application, the User shall alone be responsible to complete the documentation part as per applicable laws and My Fuels shall not be responsible for any consequences (including without limitation delay in delivery of product, quality or quantity, cancellation of transaction, incomplete or improper documentation) whatsoever.

My Fuels strongly advises you not to test the My Fuels Application with false purchases request, as it may put you at substantial legal risk and which may also render delivery of its services to genuine Users. It shall be considered an illegal act to use a false name, or any manner of impersonation representing to test the My Fuels Application. Willfully providing erroneous or fictitious purchase request may result in prosecution by My Fuels Group and/or Associated Seller.

ASSOCIATED SELLER:

A) Fuel To GO
Associated Seller may list its products and/or services with description thereto for selling to the prospective Users, who are as registered users of the My Fuels Application. A User may place orders/make bookings, using My Fuels Application to Associated Sellers and may pick up the order from the Associated Seller, with which such booking is made.

Users understand that My Fuels Application acts as an intermediary for Users to allow them to purchase products and/or services from Associated Sellers.

My Fuels Group will take reasonable steps to ensure that there is no misrepresentation made by the Associated Seller while offering its products and services over the My Fuels Application.

As an Associated Seller, you must be legally able to sell the products listed for sale on our My Fuels Application. Listings may only include text descriptions, graphics and pictures that describe your products/services for sale. All listed products/services must be listed in an appropriate category on the Application. All listed products must be kept in stock for successful fulfilment of sales/orders.

The listing description of the product must not be misleading and must describe actual condition of the products/services. If the products/services do not match the actual description listed on the Application, you agree to exchange or to refund any amounts that you may receive against the order placed by User, to My Fuels.

You shall not abuse or misuse the My Fuels Application or engage in any activity which violates the terms of this Terms. In any such case, My Fuels may suspend your Account or permanently debar you from accessing the Website.

As an Associated Seller, you certify that all information provided by you against your listed product is true.

Associated Seller must refrain from bribing/corrupting any of My Fuels employees or Buyer or User for undue benefit. Any such action will lead to suspension of Account in addition to prosecution under the applicable law. Associated Seller is alone responsible for completing and verification of the documentation part, before concluding the sale. Any sale concluded on the part of the Associated Seller, shall be the sole responsibility of the Associated Seller.

My Fuels reserves its right to screen the listing of products/services, as it may deem fit, before publishing the same on the My Fuels Application. This screening process is initiated from time-to-time to ensure the authenticity of the details posted by Associated Seller. This screening may take some time and therefore listing of product/service may be delayed. If at any time, at the sole discretion of My Fuels, My Fuels determines that the particulars of the products/services are misleading or not accurate, then My Fuels may remove such listing from the My Fuels Application and can further take appropriate actions against the Authorized Seller.

B) Delivery Model
User may choose for Doorstep Delivery of products and/or services under Delivery Model by placing an order directly to My Fuels Application, wherein My Fuels shall deliver the product to the User at the designated location of the User either through its own means or through its Delivery Partners and/or agents.

As a User, you shall acknowledge the terms of the any agreement, if any, executed separately with My Fuels in align with these Terms in order to procure the products and/or services under Delivery Model.

Further, upon placing orders/making bookings by User directly with My Fuels, My Fuels may arrange the delivery of the products to the designated location of User. Further, My Fuels may also purchase, on demand of User upon confirmed receipt of advance payment, required Services (including fuels from its selected oil company retailers/oil marketing company retailers) and deliver the same to the User to the designated location of the User.

REPRESENTATION AND WARRANTIES

My Fuels does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the Services offered for sale on its My Fuels Application or the ability of User(s) purchasing goods and/or services to complete a purchase. These Terms shall not be deemed to create any agreement, partnership, joint venture, or any other joint business relationship between My Fuels and the User or any other party. The fuels procured from Associated Sellers are procured by My Fuels on as-is basis and serviced as-is to the User.

My Fuels does not make any representation or Warranty as to specifics (such as quality, prescribed density of fuel, value, salability, etc.) of the Services proposed to be sold or offered to be sold or purchased on its My Fuels Application. My Fuels does not implicitly or explicitly support or endorse the sale or purchase Services on its My Fuels Application. My Fuels accepts no liability for any errors or omissions, whether on behalf of itself or third-parties.

My Fuels is not responsible for any non-performance or breach of any contract or obligations entered into between Users and Associated Sellers. My Fuels shall not be liable for any damages in case any order placed by the User is cancelled by any party for any reasons or non-fulfillment of any order placed on its My Fuels Application. My Fuels cannot and does not guarantee that the concerned Users and/or Associated Sellers will perform any transaction concluded on the My Fuels Application. However, My Fuels will make reasonable efforts to provide its Services. My Fuels shall not and is not required to mediate or resolve any dispute or disagreement between Users and Associated Sellers.

My Fuels does not at any point of time during any transaction made between User and Associated Seller on the My Fuels Application, and does not come into or take possession of any of the products/services offered by Associated Seller, nor does it at any point gain title to or have any rights or claims over the products and/or services offered by Associated Seller to User. At no point of time shall My Fuels hold any right, title or interest over the products and/or services, nor shall My Fuels have any obligations or liabilities in respect of such contract entered into between Users and Associated Sellers. My Fuels is not responsible for unsatisfactory or delayed performance of services or damages or delays towards any product.

The My Fuels Application is only a platform that can be utilized by Users to reach a larger base/network to avail products and/or services. User understands that My Fuels is only providing a platform for communication and it is understood that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Associated Seller and the User. My Fuels is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products and/or services which are out of stock, unavailable or back ordered.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Authorised Seller(s) that you transact with via My Fuels Application.

My Fuels is not an oil company/ oil marketing company or retailer of any oil marketing company (or its agent/affiliate/subsidiary or in any other way are related to any oil company or oil marketing company operating in India or anywhere else in the world) and My Fuels does not endorse in explicit or implied form, any Oil Marketing Company or Oil Company operating in India or anywhere in the world.

PAYMENT

Fuel To GO:
As a User, you have specifically authorized My Fuels or its affiliated service providers, if any, to collect, process, facilitate and remit payments and / or the transaction price electronically in respect of orders placed via My Fuels Application through payment modes provided, and where advance payment may also be collected for any future orders that may be placed. A User may choose a desired payment-mode to facilitate the completion of any order-transaction. Use of the desired payment mode shall not render My Fuels liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Services listed on My Fuels Application. You understand, accept and agree that the payment modes/facilities provided by My Fuels is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for an order placed on the My Fuels Application using the existing authorized banking infrastructure, Credit Card payment gateway networks, third party merchants and other payment gateways.

Delivery Model:
Under Delivery Model, User may be liable to pay the Charges either by way of Bank Transfer or by UPI or any other mode of Payment, including but limited to scheduling transportation and transferring of Services procured from My Fuels, if applicable, to the specified and desired location of the User. The User will also be charged for applicable taxes. These Charges may be reflected in bill/ invoice issued in the name of User. All Charges are due immediately and payment will be facilitated by My Fuels using the preferred payment method designated to Account of the User, after which My Fuels will send the User a receipt by any mode as deemed fit. A delay in payment from the User from the due date of placing an order would attract a compensatory interest over and above the total invoice amount. As agreed between the User and My Fuels, My Fuels or Associated Seller reserve the right to establish, remove and revise Charges for any or all services or goods (as applicable) obtained through use of the services at any time at My Fuels sole discretion.

General

My Fuels may from time to time provide certain Users with promotional offers and discounts that may result in different amount-charge for the same or similar services or goods obtain through the use of the services. The User acknowledges that part of the Charges may be derived from benefits (including but not limited to reimbursements/paybacks/cashback/points/miles whether or not obtained when procuring Service on behalf of the User and/or whether or not derived from use of cashless transaction and/or whether or not derived from using the fleet cards/ FastTags) which will be the sole property of My Fuels and the User hereby acknowledge and agrees that the User has no claim on any such benefits. In case of non-acceptance of order, the User agrees and undertakes that either My Fuels or Associated Seller is free to appropriately dispose the Service, as applicable, or use the Service as My Fuels may deem fit and further the User hereby relinquishes all claims on the Service ordered via My Fuels Application. While availing any of the payment method/s provided over the My Fuels Application, My Fuels will not be responsible or shall assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  1. Lack of authorization for any transaction/s; or
  2. Exceeding the preset limit mutually agreed by You and between “Bank/s”; or
  3. Any payment issues arising out of the transaction; or
  4. Failure of transaction for any other reason/s.

All payments made against the purchase of Services on My Fuels Application by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. My Fuels Application will not facilitate transaction with respect to any other form of currency with respect to the purchases made on My Fuels Application.

CUSTOMER REVIEWS

  1. User reviews or ratings for products and/or services do not reflect the opinion of My Fuels. My Fuels receives multiple reviews or ratings for Services availed by Users, which reflect the opinions of the Users. Each and every review posted on My Fuels Application is the personal opinion/experience of the User only. My Fuels is a neutral platform, which solely provides a means of communication and platform between User and Associated Seller.
  2. My Fuels Application is a neutral platform and we don’t arbitrate disputes.

REFUND POLICY

Unless, we otherwise agree with you in writing or any order cancelled by User prior to Delivery, as the case may be, the amount may be refunded to the User in the closed wallet maintained at My Fuels Application and shall be transferred to original mode of Payment as selected by the User, upon the request made to My Fuels and in no other event, you shall not be entitled to any refund or exchange as between you and us under any circumstances not contained in the present Terms.

RIGHT TO REFUSE

My Fuels is entitled to refuse to honor any order placed, without providing any prior reasons for the same. In case an order is refused, My Fuels will attempt to inform the User within a reasonable time period.

ORDER BOOKING

Fuel To GO:
You may place an order by selecting the Services which you wish to buy, providing the required information and clicking on the “Fuel To Go” button (or similar) on My Fuels Application. We will acknowledge receipt of your order on the My Fuels Application and may send the confirmation via email/ SMS or by any mode as deemed fit.

Placement of order by a User with Associated Seller on the My Fuels Application shall not be construed as Associated Seller’s acceptance of User’s request to buy the products ordered.

Delivery Model:
You may place an order by selecting the products which you wish to buy, providing the required information and clicking on the “Delivery” button (or similar) on My Fuels Application. We will acknowledge receipt of your Order on the Application and may send the confirmation via email/ SMS or by any mode.

We will endeavor to fulfil our order as per the time-slot chosen by you on the My Fuels Application, unless exceptional circumstances cause any delay in delivery of Services. If we cannot fulfil your order within a reasonable period, we will inform you via My Fuels Application or any other form or contact you directly after you place your order.

INTELLECTUAL PROPERTY RIGHTS

Ownership, proprietary rights
My Fuels Application is owned and operated by Novo Fuelogy Bharat Private Limited. The visual interfaces, graphics, design, compilation, knowhows, information, computer code (including source code or object code), products, software, services, and all other elements of My Fuels Application (the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. My Fuels retains all right, title and interest in and to the software as a service solution that is powered by it and that enables My Fuels Application. All Materials contained on My Fuels Application, except the applications, including images thereof, are the property of My Fuels or My Fuels Affiliates and/or licensors. All trademarks, service marks, and trade names are proprietary to My Fuels or My Fuels Affiliates and/or licensors. You may not sell, license, distribute, copy, modify, reverse engineer, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any of the Materials. We reserve all rights not expressly granted in these Terms.

Trademarks, disclaimer
Our name, logo, and all product names of applications provided on My Fuels Application are the trademarks and/or service marks owned by My Fuels or My Fuels Affiliates and/or licensors and no trademark or service mark or other license is granted to you in connection with the such trademarks and/or service marks.

Proprietary rights, no license
Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence to any patent, trademark or other intellectual property right of My Fuels, My Fuels Affiliates and/or licensors, or any third-party. We make no representations or warranties that any use of the information contained on My Fuels Application will not infringe any such patent, trademark or other intellectual property right of any third-party.

INDEMNITY

You agree to indemnify, defend, and hold My Fuels, its affiliated companies, contractors, employees, agents, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of My Fuels Application or any application of My Fuels, and your violation of these Terms, or any breach of your representations, warranties, and covenants. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

EXCLUSION OF WARRANTIES

YOU EXPRESSLY AGREE THAT THE USE OF MY FUELS APPLICATION IS AT YOUR SOLE RISK. MY FUELS APPLICATION AND ANY DATA, INFORMATION, OTHER APPLICATIONS, REFERENCE SITES OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MY FUELS APPLICATION ARE PROVIDED BY US AND MY FUELS AFFILIATES, PARTNERS AND LICENSORS (INCLUDING APPDIRECT) (“MY FUELS APPLICATION PROVIDERS”) ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. THE ENTIRE RISK ARISING OUT OF THE USE, PERFORMANCE OR NON-PERFORMANCE OF MY FUELS APPLICATION REMAINS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MY FUELS APPLICATION PROVIDERS DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MY FUELS APPLICATION PROVIDERS DO NOT WARRANT THAT THE DATA, FEATURES, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH MY FUELS APPLICATION OR ANY REFERENCE MATERIALS WILL BE UNINTERRUPTED, TIMELY, RELIABLE, LEGAL, COMPLETE, OPERABLE, AVAILABLE, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING, IF ENCOUNTERED, WILL BE CORRECTED.

MY FUELS APPLICATION PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS IN RELATION TO ISVS OR ISV APPLICATIONS. ANY WARRANTY MADE REGARDING ANY ISV APPLICATION IS MADE DIRECTLY BY THE ISV. UNDER NO CIRCUMSTANCES WILL THE APPLICATION PROVIDERS BE LIABLE FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY APPLICATION, ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE EXCLUSIONS OF WARRANTIES CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

LIMITATION OF LIABILITY

  1. Limitation of liability
    UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MY FUELS OR MY FUELS APPLICATION PROVIDERS OR THEIR CONTRACTORS, EMPLOYEES, OFFICERS OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST BUSINESS, LOSS OF CONTRACTS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY CONSEQUENTIAL LOSS ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS, MY FUELS APPLICATION OR ANY APPLICATION, EVEN IF WE OR AN OUR AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  2. Limitation of liability for customers
    IN NO EVENT WILL MY FUELS OR MY FUELS APPLICATION PROVIDERS OR THEIR CONTRACTORS, EMPLOYEES, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES SUFFERED BY ANY END CUSTOMER.
  3. Death and personal injury
    NOTHING IN THESE TERMS EXCLUDES OR LIMITS THE LIABILITY OF MY FUELS OR MY FUELS APPLICATION OR THEIR CONTRACTORS, EMPLOYEES, OFFICERS OR AGENTS FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE (OR THAT OF ITS EMPLOYEES, AGENTS OR DIRECTORS), OR OUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW.
  4. General
    • Force majeure
      Any act outside our reasonable control, for example, acts of God, pandemic or epidemic situations, adverse weather conditions, strikes and industrial action and failure of our suppliers, etc. shall be termed as Force majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by such events. Our performance under these Terms will be suspended for the period of time over which the event occurs or their effect subsists, and we will have an extension of time for performance for the duration of that period of time. We will make reasonable efforts to find a solution to honor the Terms wherever possible.
    • Severability
      If any provision of these Terms or any policies is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. The provisions of the Terms set herein shall be read harmoniously, and not in derogation to each other.
    • Waiver
      Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
    • Assignment
      These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you under any circumstances, but may be assigned by us without restriction, including by operation of law, or in connection with merger, sale of stock, shares or assets, or change of control. Any assignment attempted to be made by you in violation of these Terms shall be void. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
    • Survival
      Upon termination of these Terms, any provision which, by its nature or express terms will survive such termination or expiration.
    • Headings
      The heading references herein are for convenience purposes only, do not constitute a part of these Terms and will not be deemed to limit or affect any of the provisions of these Terms.
    • Entire agreement
      These Terms and any agreements or documents referred to in these Terms form the entire agreement between you and us with respect to the subject matter hereof and thereof and supersede in their entirety any and all oral or written agreements or understandings previously existing between you and us with respect to such subject matter.
    • Independent contractor, no agency
      The relationship between you and us is one of independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended, nor shall anything herein be interpreted or construed to or create, either expressly or by implication, any such relationship.
    • Dispute Resolution Mechanism
      The User agrees that any dispute, claim or controversy arising out of or relating to these Terms or the breach, terminated, enforcement, interpretation or validity thereof or the use of services (collectively, “Disputes”) will be first brought to the attention of My Fuels’s management in writing for amicable resolution. The Management, after scrutinizing the claim will endeavor to reply to the User with a decision on the matter within a maximum period of 60 days. Such a decision, regardless of the address where the User is situated or where the services sought, if challenged by the User in respect of every matter so referred, shall be subject to exclusive jurisdiction of courts in the State of New Delhi.
    • Redressal of Grievances
      If a User has any questions or grievances regarding the Website/My Fuels application, the contents thereof or the Services, the User may reach out to My Fuels customer support at info@myfuels.in (the “Grievance Officer”). The Grievance Officer shall address any complaint or grievance that is raised by a User within a period of one (1) month from when it is raised. Following are the details of Grievance officer:
      Name: Md. Asif Khan
      Designation: India Head- OMT
      Email address: info@myfuels.in
      Address: NO.1104, TOWER-17, ORCHID PETALS, SECTOR-49, Gurgaon-122018, Haryana
      Telephone no: 99112 35094
    • Governing Law Jurisdiction:
      These Terms are governed by the provisions of laws of India including any statutory amendments or modifications thereto. YOU CONSENT to the exclusive jurisdiction and venue of the Courts located in New Delhi, India in connection with any action, suit, proceeding or claim arising under or by reason of this Terms.
    • Notices:
      All notices given to a User by My Fuels or by a User to My Fuels shall be in writing and in the English language. Such notice shall be sent by e-mail or mailed by a prepaid internationally-recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party:
      Notice to My Fuels:
      Novo Fuelogy Bharat Private Limited, NO.1104, TOWER-17, ORCHID PETALS, SECTOR-49, Gurgaon-122018, Haryana
      Email: info@My Fuels.in
      Notice to User:
      At the email address provided by you at the time of registration on My Fuels Application.
    • Termination:
      My Fuels may terminate your access to My Fuels Application without any prior notice to you if it reasonably believes, in its sole discretion, that you have breached any of the Terms.

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