- 1. “The Company is engaged in the business of sale and delivery of Biodiesel, branded as Synergy Green Diesel and/or aggregating demand for delivery of HSD (High Speed Diesel) to customers through its franchisee network (hereinafter referred to as “Business”) through its mobile application (hereinafter referred to as the “App”).
- 2. The Customer is the buyer of the Purchased Items (defined below) for personal consumption.
1. DEFINITIONS AND INTERPRETATIONS AND OVERRIDING EFFECT :
- 1.1.1. “Applicable Law” includes all applicable statutes, enactments, acts of state legislatures or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, statutory authority, tribunal, board, court or recognized stock exchange of any relevant jurisdiction.
- 1.1.3. “Delivery Stage” shall mean the stage when the Order out for the delivery to the Customer.
- 1.1.4. “Event of Default” shall mean the breach of any and all clauses of this Agreement by the Customer.
- 1.1.5. “Indemnified Liabilities” shall have the meaning ascribed to it in Clause 5
- 1.1.7. “Order” shall include any purchase made by the Customer on the App.
- 1.1.8. “Person” means and includes an individual, a sole proprietorship, an association, syndicate, a corporation, a firm, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company, a limited liability company or other entity or organization, body corporate, governmental authority, judicial authority, a natural person in his capacity as trustee, executor, administrator, or other legal representative and any other entity including a government or political subdivision, or an agency or instrumentality thereof and/or any other legal entity.
- 1.1.9. “Purchased Items” shall mean the products purchased by the Customer from the Company using the App
- 1.1.10. “Third Party” shall mean any Persons other than the Parties and the term “Third Parties” shall be construed accordingly.
- 1.1.1 References to a statute, ordinance or other Law shall be deemed to include any references to a statute, ordinance or other Law as amended, supplemented or replaced from time to time in accordance with its terms and (where applicable) subject to compliance with the requirements set forth therein and shall include regulations and other instruments under such statue, ordinance or other Law;
- 1.1.4 The masculine gender includes the feminine gender and vice versa
2. REPRESENTATIONS, WARRANTIES, DECLARATIONS AND COVENANTS BY THE CUSTOMER
- 2.1 The Customer represents and warrants that he shall not engage in any transaction directly and indirectly using the App for any commercial purpose that shall involve resale and/or direct commercial exploitation of the Purchased Items.
- 2.2 The Customer specifically covenants that he shall not resell any and all of the Purchased Items in any manner whatsoever.
- 2.3 The Customer understands and acknowledges that any and all information provided through the App by the Company is on an “as-is-as-available” basis.
- 2.4 The Company periodically provides certain promotional discounts in relation to the App and the Company reserves the right at any time to amend and/or otherwise remove such promotional offers in relation to the Items being sold through the App.
- 2.5 The Customer specifically covenants that he shall partake directly and/or otherwise assist any third person in unauthorised rebranding and/or relabelling of all of the Purchased Items.
- 2.6 The Customer represents and warrants that all information provided by him to the App and/or Company are true and accurate.
- 2.9 The Customer covenants that he shall not upload viruses or other malicious code to the App and/or any other computer system connected thereto.
- 2.10 The Customer shall not solicit login information or access an account belonging to any Third Party.
- 2.11 The Customer shall not do anything that could disable, overburden, or impair the proper working or appearance of the App, and/are any part thereof and/or services connected thereto, such as a denial of service attack or interference with page rendering or other aspects of operational functionality.
- 2.13 The Customer shall not provide any false personal information on the App and/or any other computer system connected thereto, or creates an account for any Third Party other than himself/herself without permission of that Third Party as well as the Company, respectively.
- 2.14 The Customer shall not create more than one account for the App.
- 2.15 The Customer shall not create another account on the App after the Company disables his/her account, without the permission of the Company.
- 2.16 The Customer specifically covenants that the contact information of the Customer and always be accurate and up to date.
- 2.17 The Customer shall not share his password, let anyone else access his account, and/or do anything else that might jeopardize the security of his account with the App and/or any computer system connected thereto.
- 2.18 The Customer shall not make any attempts to interfere with or disrupt the App, and/or any service/computer systems/networks connected thereto.
- 2.19 The Customer shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App and/or the computer systems connected thereto;
- 2.20 The Customer shall not copy, reproduce, alter, modify, and/or publicly display any information displayed on the App, or create derivative works from the App, to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of the Company or any other Third Party, except with the prior written consent of Company or the appropriate Third Party.
- 2.21 The Customer shall not take any action which is intended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to the Company.
- 2.22 The Customer specifically covenants that he shall not use the Purchased Items and/or any part thereof for any form of direct commercial use whatsoever, including but not limited to advertisements, fuel logistics, etc. without the prior written permission of the Company.
- 2.23 The Customer specifically represents, warrants and covenants that all information provided by him to the Company are complete and accurate.
- 2.24 The Customer specifically covenants that all information requisitioned by the Company shall be provided in a timely and professional manner as well as being complete and accurate.
- 2.25 The customer authorises the company to collect payment for product delivered on behalf of the Franchisee.
3. RIGHTS OF THE COMPANY
- 3.1.Notwithstanding anything contained herein or any other document for the time being in force, time is not of the essence to any of the Definitive Documentation.
- 3.2. Any representation, warranty, covenants and/or declaration, whether express and/or implied, which is made by any third party shall not be deemed in any manner whatsoever a representation, warranty, covenants and/or declaration by the Company in any manner whatsoever
- 3.3. The Company represents and warrants that it has paid all applicable duties and taxes that are applicable to the Company in relation to retail sale of the Purchased Item
- 3.4. None of the transactions envisaged under the Definitive Documentation shall constitute a violation of the Essential Commodities Act, 1955.
- 3.6 Notwithstanding anything contained herein, the Company disclaims all implied covenants, representations and warranties
- 3.7. Notwithstanding anything contained herein, it is expressly stated that the Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the App, or that the services provided therein shall be uninterrupted or error-free.
- 3.9. In lieu of the services and the goods provisioned in accordance with these Terms, the Customer shall pay all such amounts as laid down in www.synergyteletech.com as good consideration for the same.
- 3.10 The Company does not make any express and/or implied representation in relation to any Order to be delivered within a prescribed time limit. The duration of the Delivery Stage shall be communicated to the Customer through the App. For clarification of doubt, time is not of the essence to this Agreement.
4. EFFECTIVE DATE
The Customer shall defend, protect, indemnify and hold harmless the Company and its directors, employees, agents, successors, and assigns (“Indemnified Parties”) from and against any and all claims in connection therewith (collectively, the “Indemnified Liabilities”), incurred by the Indemnified Parties as a result of, arising out of or relating to:
- 5.1 any misrepresentation by the Customer to the Indemnified Parties,
- 5.2 any misrepresentation of the Customer to any Third Party, with respect to the Indemnified Parties,
- 5.3 any Event of Default
- 5.4 all applicable taxes for which the Customer may be liable and
The right of indemnification under this Clause 5 is not prejudicial to any other rights of the Indemnified Parties under this Agreement, Applicable Law, and/or equity.
6 LIMITATION OF LIABLITY
7 GOVERNING LAW AND ARBITRATION
The Company shall have a right but not an obligation to terminate its engagement with the Customer on the occurrence of an Event of Default.
It is hereby clarified that nothing contained herein shall affect the ability of the Company to make disclosure to any governmental authority or any other Person under the provisions of any Applicable Law, and/or the ability of the Company to make disclosures to its lenders, third party contractors and/other associated entities.
13. INDEPENDENT CONTRACTORS
In case the Customer faces any issues, he can reach out to email@example.com
15. CANCELLATION POLICY
- 15.1 The Customer is allowed to cancel Orders which have not reached Delivery Stage and the refunds shall processed within a reasonable period of time.
- 15.2 Notwithstanding anything contained herein, no refunds shall be processed to Orders which are cancelled after they have reached Delivery Stage.
14. ENTIRE AGREEMENT