Terms of Service

Last updated: October 2019

Thank you for choosing FuelUp! For your convenience, we have made the Terms of Service as straightforward as possible, including a short, non-binding summary followed by the full legal terms.

Accepting these Terms:

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing info@tryfuelup.com  Please read this Agreement carefully before you use Fuelup. By using our site and/or mobile application you agree to be bound by everything in this Agreement and to the collection and use of the information set forth in the Fuelup Privacy Policy, whether you are a registered user of our Services. If you do not agree, please do not use Fuelup.

IMPORTANT: Please review published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires the publication of Rules and Regulations, Privacy Policy and Terms of Use for access or usage of a website. This Terms of Use agreement (the "Agreement") governs your use of this website www.tryfuelup.com (the "Agreement"). The Website is owned and operated by [MACRO FUEL PVT. LTD. ], a private limited company registered under the provisions of the [Indian] Companies Act 2013 having its registered office at [Ekta nagar, Bhilai 3, Durg, Chhattisgarh, india 490025].

these Terms of Use govern the access and/or use by you of the services provided by Fuelup. Any person using the Website is addressed herein as a “user” or simply as “you”. The users’ access and use of the services provided by this Website (the “Services”) hereby constitutes and deems the users’ agreement to be bound by these Terms.

Fuelup as its agent acting on its behalf to procure HSD and Motor Spirit (the “Product”) and to transport it to a location chosen by the User, and thereafter transfer the Product into a container or other place as may be directed by the User.

Fuelup sources fuel from authorized and selected dealers of oil companies near your location. We follow a strict quality assurance program to ensure every drop of fuel is checked for quality before it gets loaded into our Refuellers for delivery. We do not purchase or stock fuel prior to delivery. Fuel is sourced only upon receiving the orders from customers.

Fuelup hereby declares and the user acknowledges and agrees that, for the purposes of these Terms or otherwise, Fuelup is not an oil company/ oil marketing company (or its agent/affiliate/subsidiary or in any way whatsoever related to any oil company or oil marketing company operating in India or anywhere else In the world) and Fuelup does not endorse in explicit or implied form, any Oil Marketing Company or Oil Company operating In India or anywhere in the world. Fuelup only provides logistical services to its Users through (i) procuring; (ii) transporting; and (iii) delivering the Product at a location specified by the User. In providing the service that it provides, Fuelup acts as the users agent to find the Product based on ease of access and distance to the final delivery point and transport the product procured on the users behalf, to a location of the users choosing and transfer the said product procured on the users behalf into a container /s of the users choosing. Fuelup does not indulge in an unauthorized exchange or unauthorized sale or unauthorized purchase or any malpractice.

The agreement/contract has been entered Into specifically between two parties, the user and Fuelup, at the users initiation and behest, with the user understanding and acknowledging that all disclaimers, conditions and terms of service including all those stated or implied in this document are non negotiable, and further the user

acknowledging and agreeing that the user approached Fuelup with an intention to hire Fuelup’s services, and in doing so undertakes to have acted independently and without any coercion or compulsion or undo any duress.

If the user does not agree to these Terms, the user shall not access and/or use the Website and/or the Services. These Terms expressly supersede prior or other agreements or other arrangements that may exist between the User and Fuelup. Notwithstanding this, Fuelup may at any time terminate these Terms or any Services, or cease offering or deny access to the Services or any portion thereof to a User. Supplemental terms may apply to Services and shall be deemed a part of these Terms. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Fuelup may, at any time, amend these Terms. Amendments will become effective upon their publication on the Website. Please check this location from time to time to access revisions and additions to these Terms. The User is responsible for keeping updated with revised or amended terms from time to time. The Users use of the Services after the publication of amended terms constitutes and deems the users consent to be bound by the amended Terms. If the user does not agree with the amended Terms, please do not use the Services.

Fuelup is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them.

Services

You can use our services through visit our website and mobile app and make call on our customer care. We will also provide you with an appointment window for when Our vehicle will visit you. This window is an estimate only and We do not guarantee delivery at any particular time within such window or that We will arrive within the estimated time. Once Fuelup’s delivery vehicle arrives onsite, whether within or outside the estimated window, the driver will notify the user via Fuelup’s application or call the user, and Fuelup’s driver will wait no more than five minutes for the user to give access to a container of the users choosing for transferring the product procured on the users behalf. If access in not granted within such five-minute period, Fuelup’s delivery vehicle will leave and the user will be charged the applicable fees irrespective of whether or not the delivery was successful.

 Fuelup as an agent acting on the users behalf to procure the Product. To schedule transportation of the Product procured on the users behalf (including transportation by hiring/leasing Fuelup equipment with operator to transport the product procured on the users behalf) to a location. Fuelup acts as the users agent to procure the Product on the users behalf from Authorized Government Agencies or Authorized dealers (public or private) of oil Companies or oil Companies) based on ease of access and distance to final delivery point.

You can not cancel the order when our vehicle reached on delivery on- site however you will cancel the order on-site delivery you will have to pay the on-site cancellation charges. We’ll check Quality and Quantity through W&M (weights and measures) 5 Ltr. Measure and density check(P-16 of is:1448) Quality before delivery infront of you. If you have problem regarding Quantity and Quality issue take action immediately after delivery we are not responsible for that. If our delivery vehicle damaged in your delivery site through your vehicle some reason while we parked our delivery vehicle you have to pay the cost of damaged. We reserve the right to decline to enter into any area based on ease of access or for any other reason. The User may not be charged in such an event

LICENSE

Contingent to the users agreement to these Terms and stipulations, and deemed agreement in case of use, Fuelup hereby grants the user a limited, restricted, non-sub licensable , user irrevocable (during an active order) but revocable by Fuelup (at any time), non transferrable license to:

  1. Access and use the Applications on the user’s personal device solely in connection with the use of the Services.

  2. Access and use any content, information and related materials that may be made available through the use of Services, in each case for the user’s personal and non-commercial use.

Any rights not expressly granted herein are hereby reserved by Fuelup and Fuelup’s licensors.

RESTRICTIONS AND CONTINGENCIES OF GRANT OF LISCENSE

The license is granted to user contingent to the following conditions. The user represents, warrants and undertakes that the user:

  1. Is not a Dealer/Agent/Distributor appointed by a private or public company engaged in marketing of the Product in India.

  2. Is not an individual or company barred from procuring the Product by any Government Agency or Oil Company.

  3. Will not alter, add or remove any copyright, trademark or other proprietary notices from any portion of the Application.

  4. Will not duplicate, reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, steam, broadcast or otherwise exploit the Services except as expressly by Fuelup.

  5. Will not decompile, reverse engineer or disassemble the Application and/or Services.

  6. Will not link to mirror or frame any portion of the Application and/or Services.

  7. Will not cause or Launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Application and/or Services or unduly burdening or hindering the operation and functionally of any aspect of the Services; attempt to gain unauthorized access to or impair any aspect of the Services or its related or network.

OWNERSHIP

The Application and Services and all rights therein are and shall remain Fuelup’s property. Neither these Terms nor the users’ use of the Application or grant to the user any rights (in or related to the Applications or Services except for the limited license granted above to use or reference in any manner Fuelup’s company names, logos, product, and service names, trademarks or services marks or those of Fuelup’s licensors.

Third-Party Services

We may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use and connection of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. For example, if you use Gmail to send email via the Service, your usage of the Service is also governed by Gmail's own terms of service and privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Creating Accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

 user account (“Account”). The user must be an adult and reside within India to obtain an Account. The Account will be linked to an active mobile/cell phone number, either belonging to the user or to which to user has authorization to use. Account registration requires the user to submit to Fuelup personal information, including name, company name, Company type, Position, GST Number, address, mobile number, email etc. after you enter your detail. It will take some time to activate your account in Fuelup. We’ll verify your detail and activate your Fuelup account.

The user agrees to maintain accurate and up-to-date information in the Account, failure to do so may result in inability to access and use the Services or Fuelup termination of this Agreement with the user. Further, the user is solely responsible for all activity that Account, and the user agrees to maintain the secrecy of the user Account username and password at all times. Unless otherwise permitted by Fuelup, the user may only possess one Account.

Product procured (the Product shall be procured only from an Authorized Oil Company Including but not limited to Indian Oil Corporation Limited, Bharat Petroleum, Hindustan Petroleum, Essar Oil , Reliance Petroleum, Shell etc.) or Location at which procured ( A specific authorized location including but not limited to a Fuelling station, Retail Pump Outlet, Filling Station, Diesel Station run by an Oil Company , Government Agency or a Oil Company Dealer etc.).

The user further agrees and authorizes Fuelup to make a payment on the user’s behalf for procurement of product. Since Fuelup is acting as the users agent, the user agrees that the bill/invoice that will be generated during product procurement will be in the users name, even though Fuelup may pay for the product on the users behalf. The charges incurred by Fuelup, acting as the users agent, in this case will be refunded in full to Fuelup. These charges will be the actual cost of product purchased, inclusive of all taxes payable and will simulate the transaction as if the user has procured the product. The user agrees to accept and pay and not challenge these charges. By using the services, the user hereby undertakes that the user is not a Dealer/Agent/Distributor appointed by a company engaged in marketing of product in India and undertakes that the user is not an individual or company barred from procuring product by any Government Agency or Oil Company. Making a false claim in this regard or any section in this document shall automatically disqualify the user from using the Services. The user is advised to cease and desist from using the Services if making a false claim and if the user continues to do so, the user will be liable and subject to prosecution for having committed fraud with Fuelup. (All relevant clauses for the applicable law will be used for proceeding with prosecution by Fuelup including statutory reporting of breach of contract/agreement if and when a users default is recognized by Fuelup or reported to Fuelup, and Fuelup declares that it will cooperate any other agency Government or Public to aid such a prosecution, if charge are pressed by such an agency).

NETWORK ACCESS AND DEVICES

The user is solely responsible for obtaining the data network access necessary to use the Services. The users mobile/cell network’s data and fees may apply if the user accesses or uses the Services from a wireless-enabled device. The user is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Fuelup does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the user should be aware that the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

PAYMENT

Summary

You are responsible for all fees associated with your use of Fuelup Services. We are responsible for communicating those fees to you clearly and accurately. You agree to receive a receipt via email or text or through the Fuelup App itself. If a modification or cancellation of Services is necessary, Fuel will notify you of this. You are under no obligation to tip your driver for Services, though we would appreciate it you provided feedback about your experience.

Charges

You understand that use of the Services may result in charges to you for the services or goods you receive from Fuelup (“Charges”).

The charges will include charges for product procured (from an authorized government agency, authorized dealer (private or public) of an Oil Company) by Fuelup on the user’s behalf acting as the users agent. These charges will be the actual cost of product procured, inclusive of all taxes payable and will simulate the transaction as if the user had procured the product. The user agrees to not dispute or challenge these charges. The bill/invoice will be in the name of the user and the user authorizes Fuelup to pay for these charges acting as the user’s agent and on the user’s behalf, and further the user agrees to refund these charges to Fuelup.

Charges will also be applicable to schedule transportation and transferring of product procured on the user’s behalf. The user will be charged applicable Service Tax on these charges. The user agrees to not dispute or challenge these charges.

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 product on behalf of the user and/or whether or not derived from use of cashless transaction and/or whether or not derived from using fleet cards) which will be the sole property of Fuelup and the user hereby acknowledge and agrees that the user has no claim on any such benefits. Further, even in case a residual claim exists the user agrees to transfer any and all such residual claims to Fuelup from monetization. The user hereby waives all direct and indirect claims and rights and subsequently transfer to Fuelup. These charges may bot be reflected in the users bill.

The user agrees to be liable to pay all applicable charges described above, even if the user chooses not to accept the product (procured by Fuelup on user’s behalf as the user’s agent and its subsequent transportation to a location of the users choosing). In case of non acceptance of product by the user, the user agrees and undertakes that Fuelup is free to appropriately dispose the product or use the product as Fuelup may deem fit and further the user hereby relinquishes all claims on the product procured.

All Charges are due immediately and payment will be facilitated by Fuelup using the preferred payment method designated in the users Account, after which Fuelup will send the user a receipt by email. If users primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, the user agrees that Fuelup may use a secondary payment method specified in the Account , if available.

As between the user and Fuelup, Fuelup reserves the right to establish, remove and revise Charges for any or all services or goods (as applicable) obtain through use of the Services at any time in Fuelup sole discretion. Fuelup 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, and the user agrees that such promotional offers and discounts, unless also made available to the user, shall have no bearing on use of the Services or the Charges applied to the user in question. The user may elect to cancel request for Services at any time prior to receiving a product procured confirmation massage from Fuelup, in which case the user may be charged a cancellation fee.

The user understands that, while the user is free to provide additional payment as a gratuity to any operator the user is under no obligation to do so. Gratuities are voluntary.

The user expressly authorize Fuelup to charge the applicable fees and taxes on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on the particular membership and utilised services.

We understand that the user might cancel an account, but please know that Fuelup will not provide any refund(s) and the user will be responsible for paying any balance due on the account. The user agrees that Fuelup may charge any unpaid fees thru provided payment method and/or send the user a bill for such unpaid fees.

All statutory and payment facilitation charges including taxes, levy’s, charges, surcharges, cesses, fees will be charged as applicable.

The user hereby undertakes that the payment method used to pay to Fuelup for services provided, either belongs to the user or the user has authorization to use the payment method provided for the specific purpose of paying for the services.

Gratuities

Gratuities are voluntary. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver who provides you with services or goods obtained through the Services, you are under no obligation to do so. After your Services have been completed, we would appreciate that you rate and leave additional feedback about your experience, but you are under no obligation to do so.

 DISCLAIMERS & LIMITATION OF LIABILITY

Summary

We will not be liable for damages or losses arising from your use or inability to use the Services, or otherwise arising under this agreement. Please read this section carefully as it limits our obligations to you.

DISCLAIMERS

YOU USE THE FUELUP SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

FUELUP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FUELUP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FUELUP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OF FUELS PROVIDED TO YOU. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

FUELUP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF FUELUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FUELUP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. FUELUP SHALL NOT BE LIABLE FOR DELAY, FAILURE IN PERFORMANCE, OR OTHER INJURIES RESULTING FROM CAUSES BEYOND FUELUP REASONABLE CONTROL.

FURTHERMORE, FUELUP IS NOT LIABLE FOR ANY OTHER INTANGIBLE LOSSES RESULTING FROM:

FUELUP ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR A DELAY, FAILURE IN PERFORMANCE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND/OR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY OTHER INJURY RESULTING FROM CAUSES BEYOND FUELUP REASONABLE CONTROL.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

INDEMNIFICATION

Summary

You are responsible for your use of the Services.

Indemnification

You are responsible for your use of the Services, and you will indemnify and hold Fuelup and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “Fuelup Entities”) from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in any way connected with:

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

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;

FIRST- be brought to the attention of Fuelup’s management in writing for settlement. The Management, after scrutinizing the claim will reply to the user with a decision on the matter within a period of 60 days. Such a decision , if challenged by the user in respect of every matter so referred shall, subject to adjudication by courts in the State of Karnataka.

REDRESSAL OF GRIEVANCES

If a User has any questions or grievances regarding the Website, the contents thereof or the Services, the User may reach out to Fuelup customer support at tryfuelup@gmail.com (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.

GENERAL PROVISIONS

Summary

Neither you nor Fuelup may transfer your obligations under this Agreement to anyone else without written consent.

Provisions

You may not assign this Agreement without Fuelup’s prior written approval. Fuelup may assign these Terms without your consent to:

Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Fuelup as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Fuelup’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Fuelup in writing.

Notice Regarding Other App Stores or Services

If you are accessing or downloading the Fuelup application from any other app stores or services, you may be subject to that app store’s or services’ terms of use.

Entire Agreement. This Agreement comprises the entire agreement between you and Fuelup with respect to the use of the Website.

Notices: All notices given to a User by Fuelup or by a User to Fuelup or another User 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:

Governing Law; Jurisdiction. This Agreement is governed by the provisions of Indian law, including but not limited to the following:

  1. the Indian Contract Act, 1872;

  2. the (Indian) Information Technology Act, 2000;

  3. the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and

  4. the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.

This Website originates from the State of Chhattisgarh in India. This Agreement will be governed by the laws that are applicable in the State of Chhattisgarh. By using this Website, you consent to the jurisdiction and venue of the courts located in Chhattisgarh, India in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.

Termination. Fuelup may terminate your access to the Website or App without any notice to you if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.

Contacting Fuelup

If you have any questions about these Terms of Service, the practices of Fuelup, or your dealings with Fuelup, you may contact us at MARCO FUEL PRIVATE LIMITED [Ekta nagar, Bhilai 3, Durg, Chhattisgarh, india 490025]. Or tryfuelup@gmail.com