it-and-automation-services

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info@synergyteletech.com

0120-4836000, +91-86860 62620

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PRIVACY POLICY

This Privacy policy covers the Company’s policy of personally identifiable information that the Company accumulates when the User is on the Company’s website and mobile application under the name FillNow, and when the User uses the Company’s services. This policy also covers the Company’s treatment of any personally identifiable information that the Company’s business partners, share with the Company. This policy does not apply to the practices of companies that the Company does not own or control, or to parties that the Company does not employ or manage.

1. DEFINITIONS:

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 any other relevant jurisdiction.
1.2. “Cookie” shall mean a small text file that is placed on the host computer or mobile device to enable various features of the Company’s website or while using the Company’s services.
1.3. “Non-Aggregated Personal Information” shall mean all information of the User which is personally identifiable, which has been provided to the Company.
1.4. “Policy” shall refer to this Privacy Policy.
1.5. “User” shall include any end user who uses and/or otherwise has access to, in whole or in part, Company’s mobile application under the name FillNow and/or the Company’s website.
1.6. “The Company” shall refer to be 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”).

2. INTERPRETATION:

In this Policy unless the context otherwise requires:

2.1. Words importing the singular will include the plural. Words importing the masculine gender will include the feminine or neuter and vice versa. Words importing persons will include companies.
2.2. Any reference in this Policy to any statue or regulation is deemed to include all amendments and revisions made from time to time to that statute or regulation and any re-enactments thereof.
2.3. This Policy will at all times be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party’s legal representative) drafted the Policy.
2.4. The headings, titles, and captions contained in this Policy are merely for reference and do not define, limit, extend, or describe the scope of this Policy or any provision herein.
2.5. The word “including” means “including, without limitation.”
2.6. A natural person includes a juristic person and vice versa.
2.7. Masculine include the feminine and the neutral.
2.8. The Singular includes the Plural and vice-versa.

3. TERMS:

3.1. Protecting the privacy and the confidentiality of the Non-Aggregated Personal Information is important to the staff and employees at the Company.
3.2. Subject to Applicable Law, every representative, agent, third party service provider and/or employee of the Company, in the ordinary course of business, shall abide by the provisions of this Policy.
3.3. Each employee and third party service provider of the Company is responsible for the Non-Aggregated Personal Information under his control.
3.4. the Company shall obtain all its Non-Aggregated Personal Information about the User directly from him, and/or from such other person who has been duly authorized by the User to disclose such information.
3.5. the Company uses the following types of Cookies:
a. Essential: the Company uses cookies necessary to enable or enhance certain functionality of the services rendered by the Company, such as recalling the User’s recent actions in relation to the said services or the User’s account settings on the Company’s online platform. If the User has Cookies disabled in his browser, these Cookies will be blocked.
b. Non-essential: the Company uses Google Analytics’ cookies. If the User has Cookies disabled in the User’s browser, these Cookies will be blocked. Google Analytics is a web analysis service that is offered by Google Inc. Google Analytics uses cookies to analyze the usage of the services of the Company by the Customers to give the Company an insight in the way User uses the Company. For clarification of doubt, it is hereby stated that the User understands, acknowledges, affirms and agrees that at the instance of any of the Cookies and its associated attributes are blocked/de-activated, it may affect the usability of the Company’s online platform. Notwithstanding anything contained herein, the Company shall not be liable for any deficiency of service at such an instance. The User acknowledges that in circumstances where the cookies are blocked by the User nonfunctioning of certain attributes of VLC shall be the Users liability, VLC shall not be held responsible for any loss of data occurring due to such circumstances. the Company shall have the right to but not an obligation to retain any information provided by the User.
3.6. The Company reserves the right to amend this Policy unilaterally, with due notification on the mobile application, for any reason whatsoever.
3.7. No provision this Policy shall be applicable in case of disclosures that are mandatory under Applicable Law.
3.8. During use of the services provided by the Company, the User may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the Company’s website. The User understands that the links take him off the Company’s website and the information provided in the listing are beyond the control of the Company. The User understands that these links may take him to websites, applications, services and/or the Company’s that have their own separate terms and conditions as well as privacy policy and the information provided in the listing may be inaccurate, misleading and false. For abundant caution, it is hereby clarified that the Company shall not be responsible and cannot be held liable for the content and activities of these websites applications, services and/or the information provided in such listing. The User understands that he visits or accesses these websites, applications, services entirely at his own risk.
3.9. The Company collects and stores the following information (“Collected Information”):
a. The actions and omissions of the User on the mobile application and the information he provides.
b. The User’s network and connections.
c. Device Information of the User.
d. Reports of the User on using the Company’s services, including but not limited to usage patterns, heat maps, etc.

3.10. The Company uses Collected Information for the following reasons:

a. Provide, improve and develop services by the Company.
b. Communicate with the User in a more efficient and effective manner.
c. To promote safety and security.
d. For better User experience.
e. For better decisions and better choices.
f. For displaying and measuring the services rendered through the Company’s Website.
g. For research and data analytics.
h. Providing the User with offers of goods and services the User maybe interested in.

3.11. The Company shares the Non-Aggregated Personal Information only in the following instances:

a. If required under Applicable Law or for a bona fide purpose to facilitate a judicial proceeding.
b. In case of violation of any of the clauses of this Policy and/or the Terms of Use.
c. In case of violation of any third party rights.
d. In case of change of ownership of the Company, to such new owner.
e. In case of any payment through and/or in relation to the Company.
f. In case of communicating with any third party partner or service provider, in relation to the services that are availed by the User.

3.12. The Company reserves the right to share the Collected Information which cannot be used for personally identification of any User to any third party.

3.13. Public information is available to anyone on or off the Services and can be seen or accessed through online search engines, APIs, and offline media, such as on TV.

3.14. The Company does not take any responsibility for misuse of the Public Information on or off the Company’s website.

4. DATA ANALYTICS

4.1. The User identity and information will be kept confidential and will be used for research, marketing, and strategic client analysis objectives and other business purposes only of the Company.
4.2. Email and text communications: The Company generally communicates with the User as a registered User of the Company through the email id and / or mobile number that the User has specified at the time of registration. The User’s email id and / or mobile number can also be used as the login string in conjunction with the password to authenticate the User on the Company site, if that facility exists on the website. The User’s email and password are never shared with anybody within or outside the Company. the Company uses this email address and mobile number to send the User the following types of communication. Sending the User emails and text messages related to the proper functioning of the User’s account, sending him occasional announcements about changes in the Company’s policies or promotions introduction of new services. Please note that these email communications may contain commercial messages of advertisers. As always the User can opt out of the newsletters or promotional announcements.
4.3. Partnering with other Vendors: The Company may partner with other online services to offer a combined service. Whenever the Company offers such combined services, the Company will make it clear who the partner is and it will be entirely up to the User to use or not to use the service unless the same is evaluated to be a core service of the Company.
4.4. Provision of aggregate demographic information to third parties: The Company reserves the right to provide aggregate demographic information of its User base to advertisers and others so as to attract pertinent advertisers to advertise on the Company. the Company does not share personal information of individual users with advertisers unless a particular situation demands the Company to.

5. ACCESSING AND CHANGING ACCOUNT INFORMATION:

The User can review the personal information he has provided the Company and make any desired changes to the information, or to the settings for his the Company account, at any time by logging in to User’s account on the Company website and editing the information on the User’s profile page.

6. SECURITY

6.1. The Company works hard to protect the Company and its Users from unauthorized access to or unauthorized alteration, disclosure or destruction of information it holds. 6.2. The Company reviews its information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. 6.3. The Company restricts access to personal information to its employees, contractors, agents and vendors who need to know that information in order to process it for the Company, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

7. CONSENT:

The Company shall ask for the consent of the User before using information for a purpose other than those that are set out in this Privacy Policy.

8. LIMITATION

The Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to the User in search results, sites that may include the Company services, or other sites linked from the Company’s services. The Privacy Policy does not cover the information practices of other companies and organizations who advertise the Company services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

9. APPLICABLE TERMS OF USE

Terms of the corresponding Terms Of Use on www.fillnow.in shall be applicable mutatis mutandis to this Policy.

TERMS OF USE

This Terms of Use is entered into by and between Synergy Teletech Private Limited (hereinafter referred to as the “Company”) and the Customer

The Company and the Customer shall hereinafter be individually referred to as a “Party” and collectively referred to as the “Parties”, as the context may require.

WHEREAS:

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.
3. The Parties are desirous to enter into this Terms of Use.
4. In consideration of the mutual promises, covenants, undertakings and agreements between the Parties hereto, the Parties hereby enter into this Terms of Use on the terms and conditions contained herein.

1. DEFINITIONS AND INTERPRETATIONS AND OVERRIDING EFFECT

1.1. Definitions: The Parties to this Terms of Use hereby unconditionally agree that unless the context otherwise requires, the terms listed below when used in this Terms of Use shall have the meanings attached to them and these terms shall be interpreted accordingly. The terms listed below as used in this Terms of Use may be identified by the capitalization of the first letter of each principal word thereof. In addition to the terms defined below, certain other capitalized terms are defined elsewhere in this Terms of Use and whenever such terms are used in this Terms of Use they shall have their respective defined meanings, unless the context, expressly or by necessary implication, require otherwise:
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.
1.1.2. “Definitive Documentation” includes this Terms of Use, as well as the corresponding Privacy Policy and the Fuel Quality Agreement.
1.1.3. “Event of Default” shall mean the breach of any and all clauses of this Agreement by the Customer.
1.1.4. “Indemnified Liabilities” shall have the meaning ascribed to it in Clause 5.
1.1.5. “Indemnified Parties” shall have the meaning ascribed to it in Clause 5.
1.1.6. “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
1.1.7. “Purchased Items” shall mean the products purchased by the Customer from the Company using the App.
1.1.8. “Third Party” shall mean any Persons other than the Parties and the term “Third Parties” shall be construed accordingly.

1.2. General Interpretation

In this Terms of Use, except to the extent that the context otherwise requires:

1.2.1 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;
1.2.2 References to Clauses, are reference to clauses in this Terms of Use unless the context requires otherwise and the recitals to this Terms of Use shall always be deemed to form part of this Terms of Use;
1.2.3 The headings are inserted for convenience only and shall not affect the construction of this Terms of Use;
1.2.4 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 relabeling of any and 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.
2.7. Notwithstanding anything contained herein and or any connection that the Company may have with any arrangement and/or agreement that are entered pursuant thereto, the Customer specifically represents and warrants that he is not prohibited, in any manner whatsoever, either directly and/or indirectly, to avail any of the services (including but not limited to purchase of the Purchased Item) that have been made available to him by the Company and/or any third party through this Terms of Use.
2.8. Notwithstanding anything contained herein and or any connection that the Company may have with any arrangement and/or agreement that are entered pursuant thereto, the Customer covenants that he shall not make use of the App, been made available to him by the Company and/or any third party through this Terms of Use, for a purpose that is prohibited under Applicable Law.
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.
2.12. The Customer shall not facilitate and/or encourage any violations of this Terms of Use or any of the policies of the Company.
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.
3.5. The Company does not guarantee that the App, and/or any connected computer system/network/service connected thereto, will function on any particular hardware or devices. In addition, all the services envisaged under this Terms of Use rendered by the Company may be subject to malfunctions and delays inherent to the use of the Internet and electronic communications, including but not limited to location tracking services.
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.
3.8. If the Company decides to change this Terms of Use, the Company may notify such changes to the Customer through its App. However, the Company may only notify the Customer about those alterations that shall have a direct impact to his/her functionality, interaction and usage of the App.

4. EFFECTIVE DATE

The Effective Date of this Terms of Use shall be the date at which the Purchased Item are purchased by the Customer.

5. INDEMNIFICATION

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

The aggregate liability of the Company under this Terms of Use with respect to any of the transactions envisaged herein shall be limited to maximum retail price of the Purchased Items which are subject matter of such a transaction, which shall be interest free, and does not include any consequential and/or incidental damages.

7. GOVERNING LAW AND ARBITRATION

7.1. This Terms of Use and its performance shall be governed by and construed in all respects in accordance with the Laws of the Republic of India.
7.2. This Terms of Use shall be subject to the jurisdiction of the courts in Gurgaon, India.

8. TERMINATION

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.

9. SURVIVAL

Clauses 5, 6, 7, 8 and 10 and all the definitions associated thereto (whether under this Terms of Use, under Applicable Law, standard industry practices or otherwise) shall survive the termination of this Terms of Use and/or the engagement with the Customer.

10. ASSIGNABILITY

Except as provided in this Terms of Use, neither Party, shall be entitled to assign their rights and obligations under the Terms of Use to a Third Party without the prior written consent of the other Parties. The Parties shall execute such documents as may be necessary or desirable to give effect to such assignment.

11. CONFIDENTIALITY

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.

12. SEVERABILITY

Any provision in this Terms of Use, which is or may become prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Terms of Use or affecting the validity or enforceability of such provision in the same or any other jurisdiction. Without prejudice to the foregoing, the Parties will immediately negotiate in good faith to replace such provision with a proviso, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces.

13. INDEPENDENT CONTRACTORS

The Parties are independent contracting parties and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. This Terms of Use will not be construed to create or imply any partnership, agency or joint venture, or employer-employee relationship.

14. SUPPORT

In case the Customer faces any issues, he can reach out to insert link

15. CANCELLATION POLICY

15.1. The Customer can 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.

16. ENTIRE AGREEMENT

This Terms of Use along with the other Definitive Documentation comprise the entire agreement of the Parties hereto with respect to the transactions envisaged under this Terms of Use and Annexures attached thereto and the inter-se rights and obligations of the Parties, superseding and replacing all prior negotiations, agreements, discussions, memoranda or heads of agreements. For clarification of doubt, it is expressly stated that the Recitals form an inherent part of this Terms of Use.

FUEL QUALITY AGREEMENT

PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING THE PURCHASED ITEM. YOUR USE OF THIS PURCHASE ITEM SHALL CONSTITUTE YOUR ACCEPTANCE OF FUEL QUALITY AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS OF THIS AGREEMENT, DO NOT USE THE PURCHASED ITEM AND/OR DO NOT SUBSCRIBE TO THE SERVICE.

The Fuel Quality Agreement (“Agreement”) is entered into by and between Synergy Teletech Private Limited (hereinafter referred to as “Company”) and the Consumer (herein after referred to as “User”). This Agreement governs the terms and conditions of the User’s use of the purchased item (“Fuel”).

WHEREAS:

1. The Company is engaged in the business of sale and delivery of Biodiesel, branded as Synergy Green Diesel or aggregating demand for delivery of HSD (High Speed Diesel) (hereinafter referred to “Fuel”) to customers through its franchisee network.
2. The User is the end consumer and/or the customer of the Company who is using the Service for personal consumption.
3. The Parties are desirous to enter into this Agreement.
4. In consideration of the mutual promises, covenants, undertakings and agreements between the Parties hereto, the Parties hereby enter into this Agreement on the terms and conditions contained herein.

By using the Fuel, the User acknowledge that the User have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement and any new, different, or additional terms or conditions that the Company may establish from time to time at its sole discretion.

1. DEFINITIONS AND INTERPRETATION

1.1. Definitions:

The Parties (namely Synergy Teletech Private Limited and the User) to this Agreement hereby unconditionally agree that unless the context otherwise requires, the terms listed below when used in this Agreement shall have the meanings attached to them and these terms shall be interpreted accordingly. The terms listed below as used in this Agreement may be identified by the capitalization of the first letter of each principal word thereof:
“Company Delivery Agent” shall mean the authorised representative of the Company carrying out the Delivery of the Fuel.

“Delivery Date” shall mean the actual date of delivery of the Fuel.

“Force Majeure” shall include any and all acts, events, omissions or accidents beyond reasonable control, including strikes, lockouts or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

“Manufacturing Defect” shall be mean any deviation from the intended specifications of the Fuel more specifically described in Annexure A.

“Purchase Date” shall be the date of purchase of the Fuel and shall be the date on which the payment for the Fuel of the User is successfully processed.

“Third-Party Partners” shall include any and all persons, body corporates and/or entities with whom the Company has entered into a contract with any and all matters which are connected to the Service either directly or indirectly.

“User” shall include any legal natural person using the Fuel, service, website and/or App provided by the Company.

“Sampling” shall mean the process of quality assessment of the Fuel by the User to ascertain if there exists a Manufacturing Defect in the presence of Company Delivery Agent.

“Warranty Claim” shall have the meaning ascribed to it in Clause 5.2.

1.2. General Interpretation

In this Agreement, except that the context otherwise requires:

1.2.1. 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 statute, ordinance or other Law;

1.2.2. References to Clauses, are reference to clauses in this Agreement unless the context requires otherwise and the recitals to this Agreement shall always be deemed to form part of this Agreement;
1.2.3. The headings are inserted for convenience only and shall not affect the construction of this Agreement ;
1.2.4. The masculine gender includes the feminine gender as well as the neuter.

2. EFFECTIVE DATE:

The Effective Date of this Agreement shall be the Purchase Date.

3. GENERAL CONDITIONS, COVENANTS, REPRESENTATIONS, WARRANTIES AND DECLARATIONS

3.1. Other than at the instance of a Manufacturing Defect, the Company does not make any implied or express covenant in relation to the quality and merchantability of the Fuel as well as it being error free.
3.2. The User understands, acknowledges, affirms and agrees that the conditions which are specific to the User in the terms of use applicable to the FillNow mobile application are applicable mutatis mutandis to this Agreement and both the agreements need to interpreted using the principle of harmonious construction. At the instance of a direct conflict however, the terms governing the mobile application shall prevail.
3.3. Notwithstanding anything contained herein, the Company does not warrant for the functioning of the Fuel to meet the any expectation and/or criteria which have not been specifically laid herein in this Agreement.
3.4. Notwithstanding anything contained herein, the Company specifically disclaims any implied representations, warranties, declarations and covenants in relation to the Fuel and any functionality thereof.
3.5. The User shall take no steps in attempting to reverse engineer the Fuel and/or any associated technologies thereto. The User understands that the Company is induced to enter into a transaction with the User to deliver the Fuel on the basis of, inter alia mentioned in this Agreement or otherwise, the declaration made in this Clause 4.7 by the User.
3.6. Subject to Clause 4, the Company warrants that the Fuel will perform in accordance with the specifications provided by the Company to the User more specifically described in Annexure A.
3.7. Subject to applicable law, the User specifically disclaims any and all rights under this contract or law for direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Fuel; (ii) unauthorized access to or alteration of User’s transmissions or data; (iii) statements or conduct of any third party on the Fuel and the corresponding services; (iv) or any other matter relating to the Fuel and the corresponding services not specifically laid down herein (v) any Manufacturing Defect, as against the Company.

4. FUEL WARRANTY

4.1. The Company extends a limited, revocable, non-transferable warranty from the Purchase Date to the Date of Delivery in relation to the Fuel (“Fuel Warranty”) at the instance any Manufacturing Defect is found during the process of Sampling.
4.2. Notwithstanding anything contained
4.3. At the instance the User wants to assert the Fuel Warranty, he needs to communicate to the Company (“Warranty Claim”) immediately after the process of Sampling in the presence of the Company Delivery Agent. For clarification of doubt, all Manufacturing Defects shall be deemed to have arisen as on the date of any Warranty Claim.
4.4. In the event of a Warranty Claim, the Company shall replace the Fuel. In the event that the Company fails to replace the Fuel within a reasonable period, the User’s sole recourse shall be to terminate the Agreement. In no event shall the Company be liable for any incidental, consequential, or punitive damages as a result of its performance or breach of this Clause, including but not limited to any vehicular damage.
4.5. Notwithstanding anything contained herein, the Fuel Warranty shall become void and/or inapplicable at the following instances:
4.5.1. If the User enters into any insurance/warranty agreement with any third party in relation to the Fuel without the consent of the Company.
4.5.2. In case of any damage caused which does not directly arise from a Manufacturing Defect.
4.5.3. Any deviation in the Fuel which is not the subject matter of the specifications mentioned in Annexure A.
4.5.4. In case of any breakage or damage of the Fuel and/or disruption of the corresponding services of the Company due to any direct and/or indirect actions and/or omissions of the User.
4.5.5. Any defects and/or deficiency of service caused by any third party as envisaged under Clause 3.1 of this Agreement.
4.5.6. In case of the Force Majeure event.
4.6. For clarification of doubt, the Fuel Warranty is limited to any Manufacturing Defects and the User is not entitled and specifically disclaims to any other warranties, express or implied, that may arise either by agreement between the parties or by operation of law as against the Company.

5. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR THEIR RESPECTIVE PARENTS, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE FUEL, AND IN NO EVENT SHALL COMPANY’S LIABILITY TO THE CUSTOMER FOR ALL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL COMPANY BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO THE USER IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE APP. COMPANY IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY FOR, THE LOSS OF OR DAMAGE TO THE USER’S CONTENT AND DOCUMENTS INCLUDING ANY LOSS OR DAMAGE RESULTING FROM NON-FUNCTIONALITY OF THE FUEL AND/OR THE SUSPENSION OR TERMINATION OF THE LICENSED APP OR THIS AGREEMENT.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE LIABILITY OF COMPANY TO THE USER (ALONG WITH ITS PERMITTED ASSIGNS, AGENTS, EMPLOYEES, HEIRS, SUCCESSORS AND/OR AUTHORISED REPRESENTATIVES) SHALL NOT BE MORE THAN TOTAL COST OF THE FUEL, INTEREST FREE, RECEIVED FROM THE USER UNDER THIS AGREEMENT AT ANY GIVEN INSTANCE.

6. DISPLAY, USE OF INFORMATION AND PRIVACY POLICY

Refer for the other Legal Documentation of the Company provided for in the App and/or the Website link- www.fillnow.in

7. CANCELLATION OR TERMINATION.

7.1. The Company may, at any time, terminate this Agreement or disable or take down any information displayed at the instance of a breach of any and all obligations by the User under this Agreement and/or any other legal documentation that is entered into by and between the Company and the User.
7.2. The Company reserves the right to immediately terminate this Agreement without prior notice if the User’s use of the Fuel results in, or is the subject of, legal action or threatened or proposed legal action, against the Company or any of its affiliates, without consideration of whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit.
7.3. At the instance of termination of this Agreement by the Company in accordance with this Clause 7, the corresponding Fuel Warranty shall stand lapsed as on the date of such termination.

8. INDEMNIFICATION

8.1. The User 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:

8.1.1. any misrepresentation by the User to the Indemnified Parties,
8.1.2. any misrepresentation of the User to any Third Party, with respect to the Indemnified Parties,
8.1.3. any direct, incidental and consequential losses suffered by the Company due to any of the actions carried out by the End User with the Fuel or otherwise.

8.2. The right of indemnification under this Clause 9 is not prejudicial to any other rights of the Indemnified Parties under this Agreement, applicable law, and/or equity.
8.2. The right of indemnification under this Clause 9 is not prejudicial to any other rights of the Indemnified Parties under this Agreement, applicable law, and/or equity.

9. JURISDICTION AND DISPUTES

9.1. This Agreement and its performance shall be governed by and construed in all respects in accordance with the Laws of the Republic of India.
9.2. Subject to Clause 9.3 below, this Agreement shall be subject to the jurisdiction of the courts in Bangalore, India.
9.3. Any action, Dispute or difference arising under or relating to this Agreement (“Dispute”) shall at the first instance be resolved through good faith negotiations between the Parties hereto, which negotiations shall begin promptly, within 15 (fifteen) days after a Party has delivered to the other Party a written request for such consultation. If the Parties are unable to resolve the Dispute in question within 15 (fifteen) days of the commencement of negotiations, the Dispute shall be referred to and finally and conclusively settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996.
9.4. The seat as well as the venue of arbitration at all times shall be Gurgaon, India.
9.5. All proceedings, including issuance of an arbitration award, in any such arbitration, shall be conducted in English.
9.6. The arbitration shall be conducted by a tribunal of 3 (three) arbitrators. The Parties agree that the User shall appoint 1 (one) arbitrator, the Company shall appoint 1 (one) arbitrator and the arbitrators so appointed shall appoint the third arbitrator.
9.7. The arbitral tribunal will have the power to grant any remedy or relief that they deem just and equitable, including but not limited to injunctive relief, whether interim and/or final.
9.8. The arbitration award shall be final and binding on the Parties and may be enforced by any court of competent jurisdiction.
9.9. The Parties agree to bear their own costs of arbitration until such time that the arbitral tribunal does not pass an award deciding on the costs. The arbitrators may, (but shall not be required to), award to a Party that substantially prevails on merits, its costs and reasonable expenses (including reasonable fees of its counsel).
9.10. When any Dispute is under arbitration, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under this Agreement.

10. AMENDMENTS AND WAIVER

Any provision of this Agreement may be amended or waived. No waiver by any Party of any term or condition of this Agreement, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of this Agreement on any future occasion. All remedies, either under this Agreement or by Law or otherwise afforded, will be cumulative and not alternative.

11. INDEPENDENT CONTRACTORS

The Company and User are independent contracting parties and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. This Agreement will not be construed to create or imply any partnership, agency or joint venture, or employer-employee relationship.

12. SEVERABILITY

If any provision hereof is held invalid or unenforceable by any court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.

13. ENTIRE AGREEMENT

This Agreement, the terms of use, the data protection documentation and offer terms are the entire agreement between the Company and User with respect to the transactions envisaged herein and the inter-se rights and obligations of the Parties, superseding and replacing all negotiations, prior agreements, discussions, memoranda or heads of agreements, made prior to the date hereof amongst the Company and User. For clarification of doubt, the recitals to this Agreement form an integral part of this Agreement.

14. CONTACT US

Anything pertaining to this agreement, please contact our grievance redressal officer by sending an e-mail to info@synergyteletech.com.

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