Terms and Conditions
These terms and conditions (“User Terms”) apply to Your visit to and use, of the Application whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Application, the Service and the Application. The application under consideration is named OnsiteFuel Delivery Mobile Application (addressed as OnsiteFuelApp) and is intellectual property rights of Webassic IT Solutions, Pune, India (Webassic). This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE APPLICATION. If You do not accept any of the User Terms, then please do not use the Application or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND OnsiteFuelApp IN RESPECT OF THE USE AND SERVICES OF THE APPLICATION.
1 : ELIGIBILITY
You will be “Eligible” to use the Services only when You fulfil all of the following conditions: (i) You have attained at least 18 (eighteen) years of age. (ii) You are competent to enter into a contract under the Applicable Laws.
If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
2 : REGISTRATION AND ACCOUNT
You understand and acknowledge that You can register on the Application only after complying with the requirements of this Clause and by entering Your Registration Data.
- You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
- You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
- We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
- Except for the Registration Data or any other data submitted by You during the use of any other service offered through Application (“Permitted Information”), OnsiteFuelApp does not want You to, and You should not, send any confidential or proprietary information to OnsiteFuelApp on the Application or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to OnsiteFuelApp other than the Permitted Information will not be considered confidential or proprietary.
- It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
- We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at webassicenergy@gmail.com.
- In case, You are unable to access Your Account, please inform Us at webassicenergy@gmail.com and make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account.
3 : SERVICES
- The Application permits you to avail the OnsiteFuelApp Delivery services. The Service allows You to send a request through OnsiteFuelApp to a Dispensing Unit on the OnsiteFuelApp network. The Dispensing Unit has sole and complete discretion to accept or reject each request for Service. If the Dispensing Unit accepts a request, OnsiteFuelApp notifies You and provides information regarding the Dispensing Unit - including Dispensing Unit Driver's name, Dispensing Unit number, telephone contact details of the Driver and such other details as OnsiteFuelApp may determine.
- OnsiteFuelApp shall procure reasonable efforts to bring You into contact with a Dispensing Unit Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.
- By using the Application or the Service, You further agree that:
- You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
- You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
- You will not use the Service or Application for unlawful purposes;
- You will not try to harm the Service, Application or our network in any way whatsoever;
- You will provide OnsiteFuelApp with such information and documents which OnsiteFuelApp may reasonably request;
- You will only use an authorized network to avail the Service;
- You are aware that when requesting Services, whether by message, via Application or calling the call center of OnsiteFuelApp, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
- You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Application or Service; and
- You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
- OnsiteFuelApp reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, OnsiteFuelApp will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform OnsiteFuelApp on any change in the information provided by You.
- OnsiteFuelApp or an authorised representative of OnsiteFuelApp, shall provide information regarding services, discounts and promotions provided by OnsiteFuelApp to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Application to discontinue the same.
- OnsiteFuelApp WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM OnsiteFuelApp’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
- You agree to grant OnsiteFuelApp a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT OnsiteFuelApp TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
- You agree and permit OnsiteFuelApp to share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You by OnsiteFuelApp. You hereby expressly consent to receive communications from OnsiteFuelApp/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Application. You agree that You will not hold OnsiteFuelApp responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
- OnsiteFuelApp will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by OnsiteFuelApp jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
4 : CONFIRMATION OF ORDER
- In the event the Order is confirmed, You shall check the Order details including but not limited to delivery time and delivery place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call centre.
- You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform OnsiteFuelApp of the incorrect details immediately.
5 : PAYMENT
- OnsiteFuelApp shall charge Convenience Fee for the Service which shall be determined and amended at the sole and absolute discretion of OnsiteFuelApp. The Convenience Fee shall be payable by you to OnsiteFuelApp and shall be informed to you before you begin your Service.
- OnsiteFuelApp shall provide a receipt of the Order payable by You at the end of the Service, however, separate invoices raised by for the Order, and the Convenience Fee raised by OnsiteFuelApp shall be provided to You on request. You may raise a request for a copy of the invoices from our Support page.
- All applicable taxes in respect of the Order, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the OnsiteFuelApp, as the case may be.
- You shall choose to pay for the Service Fee by either of the following methods:
- Cash payment
- Credit Card/ Debit Card/ Net Banking Payment (when available)
- Any payment related issue, except when such issue is due to an error or fault in the Application, shall be resolved between You and the Payment Processor.
6 : CANCELLATION POLICY
- You agree and acknowledge that You may cancel Your request for a Dispensing Unit at any point of time subject to a Cancellation Fee as explained below:
- If you cancel after 5 minutes after the Dispensing Unit is allotted or
- If a Dispensing Unit cancels after waiting at Your location for more than 10 minutes
- Notwithstanding the foregoing, if the Dispensing Unit is delayed by more than five (5) minutes, You will not be charged any Cancellation Fee.
- You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a service request. The notification shall be on the Application.
- OnsiteFuelApp shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations, however, separate invoices raised for the Cancellation Fee, and OnsiteFuelApp for the Convenience Fee on cancellations shall be provided to You on request. You may raise a request for a copy of the invoices from the Support page.
- The Cancellation Fee shall be payable by You at the completion of Your subsequent Order.
7 : CUSTOMER RELATIONSHIP MANAGEMENT
- All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address.
- Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
- Any issue reported on channels other than the above may be addressed by OnsiteFuelApp only on a best-effort basis. OnsiteFuelApp takes no liability for inability to get back on other channels.
- OnsiteFuelApp shall endeavour to respond to Your issues within 2 (two) working days of Your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, OnsiteFuelApp shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
8 : INDEMNIFICATION
- By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold OnsiteFuelApp, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
- Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein;
- Your violation of any rights of any third party \or
- Your use or misuse of the Application or Service.
9 : LIABILITY
- The information, recommendations and/or Services provided to You on or through the Application and OnsiteFuelApp call center are for general information purposes only and does not constitute advice. OnsiteFuelApp will reasonably keep the Application and its contents correct and up to date but does not guarantee that (the contents of) the Application is free of errors, defects, malware and viruses or that the Application is correct, up to date and accurate.
- OnsiteFuelApp shall not be liable for any damages resulting from the use of or inability to use the Application, including damages caused by wrong usage of the Application, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or Application.
- OnsiteFuelApp does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
- OnsiteFuelApp shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with OnsiteFuelApp. OnsiteFuelApp will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
- IN NO EVENT SHALL OnsiteFuelApp BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OnsiteFuelApp HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
- IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OnsiteFuelApp’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
10. APPLICATION LICENSE
- Subject to Your compliance with the User Terms, OnsiteFuelApp grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
- You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
- You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
- OnsiteFuelApp will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. OnsiteFuelApp may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that OnsiteFuelApp has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Application and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. OnsiteFuelApp reserves the right, at any time and without prior notice, to remove or disable access to any content that OnsiteFuelApp, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
11. INTELLECTUAL PROPERTY OWNERSHIP
- Webassic IT Solutions, Pune, India alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
- These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Webassic IT Solutions. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
- You may use information on the Site purposely made available by Webassic IT Solutions for downloading from the Site, provided that You:
(i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.
12 : LINKS
- If permitted by OnsiteFuelApp, You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any OnsiteFuelApp trademarks or service marks or any Content belonging to OnsiteFuelApp and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.
13 : TERM AND TERMINATION OF LICENSE AGREEMENT
- Unless terminated in accordance with this Clause 10, the agreement between OnsiteFuelApp and You is perpetual in nature upon downloading the Application and for each Ride booked through the Application.
- You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Application. You can close Your Account at any time by following the instructions on the Application.
- OnsiteFuelApp is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Application and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of OnsiteFuelApp, misuse the Application or the Service. OnsiteFuelApp is not obliged to give notice of the termination of the agreement in advance. After termination OnsiteFuelApp will give notice thereof in accordance with these User Terms.
- Termination of this agreement will not prejudice accrued rights of either OnsiteFuelApp or You.
- Clauses 8 (INDEMNIFICATION), 9 (LIABILITY), APPLICATION LICENSE, INTELLECTUAL PROPERTY OWNERSHIP, 11 (TERM AND TERMINATION OF LICENSE AGREEMENT), NOTICE and APPLICABLE LAW AND DISPUTE RESOLUTION and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
14 : INVALIDITY OF ONE OR MORE PROVISIONS
- The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
15. CONFLICT
- In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and OnsiteFuelApp, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
16. DISCLAIMER
- We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
- OnsiteFuelApp and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from OnsiteFuelApp or any other person's negligence or otherwise).
- This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that OnsiteFuelApp shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
- All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
17. MODIFICATION OF THE SERVICE AND USER TERMS
- OnsiteFuelApp reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
- OnsiteFuelApp shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when OnsiteFuelApp last modified the User Terms by referring to the Application. It shall be Your responsibility to check these User Terms periodically for changes. OnsiteFuelApp may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Application and the Services. If no such separate consent is sought, Your continued use of the Application, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Application and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
- This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that OnsiteFuelApp shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
- All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
18. NOTICE
- OnsiteFuelApp may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in OnsiteFuelApp’s account information.
- You may contact OnsiteFuelApp by electronic mail at Our email address webassicenergy@gmail.com or by written communication sent by regular mail to Our address at Plot#25, 2nd Floor, "Niranjan" building, Vivek Sahakari Ghruha Rachana,Padmavati, Sahakar Nagar 1,Pune 411009, India
You shall not assign Your rights under these User Terms without prior written approval of OnsiteFuelApp. OnsiteFuelApp can assign its rights under the User Terms to any affiliate.