Your Agreement to these Terms and Conditions for availing Service
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and QWIK FUELS TECHNOLOGIES INDIA PVT. LTD. having its registered office & headquartered at Gurgaon. All services are rendered by QWIK FUELS through its platform under the brand name ‘QWIK FUELS’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of QWIK FUELS. (together with its subsidiaries and other affiliates, “us”, “We” or “QWIK FUELS”), regarding your use of our services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be
1. PAYMENT POLICY:
In order to use the Service, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
QWIK FUELS and/or the QWIK FUELS business partner reserve the right to charge and recover from the User, fees for availing the Services. These changes shall be effective from the time they are posted on to the QWIK FUELS Website or over the QWIK FUELS business partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the QWIK FUELS Website or check with the QWIK FUELS business partner channel through which you are availing the Service to review the current fees from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, QWIK FUELS shall be entitled to charge and recover from you and you shall be liable to pay such charges to the Bill Payment Service as may be decided by QWIK FUELS. These charges shall be charged on to your designated Payment Account or in any other manner as may be decided by QWIK FUELS.QWIK FUELS offers a convenient and secure way to make payments towards identified Biller(s) using a valid Payment Account.Depending upon the QWIK FUELS business partner through whom the Service is availed by you(i) the specific features of the Service may differ(ii) the number of Billers available over the Service can differ(iii) the type and range of Payment Accounts that can be used to issue a Payment Instructions can differ and(iv) the modes/devices over which the Service can be accessed can differ; and (v) the charges, fees for availing the Service or any aspect of the Service can differ. Specific details related to these aspects would be available with the QWIK FUELS business partner or the channel over which the Service is being availed.From time to time, QWIK FUELS, at its sole discretion, can add to or delete from such list of Billers or types of Payment Accounts that can be used in respect of making payments to a Biller. In any event (i) the type and range of Payment Accounts that can be used for making payments may differ for each Biller depending on Biller specifications (ii) there may be an additional fees/charge when using certain types of Payment Accounts in respect of a Biller; and (iii) the terms upon which a payment can be made to a Biller can differ depending on whether a Card or a Bank Account is used to issue the Payment Instruction. Further depending on the specific facilities allowed by a QWIK FUELS business partner, payments to a Biller can be made either (a) by issuing a Payment Instruction for an online debit/charge to a Payment Account; or (b) by scheduling an automated debit to a Payment Account. In using the Bill Payment Service, you agree to:
1. Provide true, accurate, current and complete information about yourself (“Registration Data”), your Payment Account details (“Payment Data”), your Biller details (“Biller Data”) and
2. Maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or QWIK FUELS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, QWIK FUELS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The term biller includes telecom operators
QWIK FUELS assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:
1. If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.
2. If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
3. If the funds available in the Payment Account are under any encumbrance or charge.
4. If your Bank or the NCC refuses or delays honoring the Payment Instruction(s)
5. If payment is not processed by biller upon receipt.
6. Circumstances beyond the control of QWIK FUELS (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)
In case the payment is not effected for any reason, you will be intimated about the failed payment by an e-mail.NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE PORTION OF THE SERVICES OR THE SITE GIVING RISE TO THE CAUSE OF ACTION OR 0NE THOUSAND RUPEES (RS.1000), WHICHEVER IS LESSER.
1. By accepting the terms and conditions the customer accepts that QWIK FUELS may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period.
2. QWIK FUELS will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from QWIK FUELS as an alert on the mobile phone number provided during the course of ticket booking and QWIK FUELS shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold QWIK FUELS liable for non-availability of the service in any manner whatsoever.
3. The customer acknowledges that the SMS service provided by QWIK FUELS is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, QWIK FUELS shall be immediately informed about the same by the customer and QWIK FUELS will make best possible efforts to rectify the error as early as possible. The customer shall not hold QWIK FUELS liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
4. The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. QWIK FUELS shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
5. The customer agrees to indemnify and hold harmless QWIK FUELS and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which QWIK FUELS and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in schedule, delay, and/or rescheduling from QWIK FUELS and/or the SMS service provider.
6. Customer also agrees to receive information regarding what QWIK FUELS perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded.
7. By accepting the terms and conditions the customer acknowledges and agrees that QWIK FUELS may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their travel, the facilities and/or services of the operator.
8. Grievances and claims related issues should be reported to QWIK FUELS support team within 7 days.
3. Prohibited Conduct
By using the Services you agree not to:
• use the Services for any purposes other than to purchase of fuel and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by QWIK FUELS
• impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase Recharge with what we reasonably believe to be potentially fraudulent funds
• infringe our or any third party’s intellectual property rights, rights of publicity or privacy
• use the Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law
• post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person
• post or transmit any message, data, image or program which is pornographic in nature
• refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to QWIK FUELS
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services
• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
• use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
• modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
• intentionally interfere with or damage operation of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features
• use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission
• interfere or disrupt this Site or networks connected to this Site
• take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network
• use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services
• forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site
• sell the Services, information, or software associated with or derived from it
• use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
• breach this Agreement or any other QWIK FUELS agreement or policy
• provide false, inaccurate or misleading information
• use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site
• purchase Recharge with what QWIK FUELS reasonably believes to be potentially fraudulent funds
• use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to QWIK FUELS, a third party or You
• use the Services in a manner that QWIK FUELS or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules
• take any action that may cause QWIK FUELS to lose any of the Services from its service providers, payment processors or other suppliers
• send automated request of any kind to the Site’s system without express permission in advance from QWIK FUELS.
All sales of payments are final with no refund or exchange permitted. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and a Recharge is not delivered within 24 hours of your completion of the transaction then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page.
Please include in the email the following details – the mobile number, vehicle no. ,payment value, Transaction date and Order Number. QWIK FUELS shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Recharge then you will be refunded the money within 21 working days from the date of receipt of your email. All Refunds will be credited to your Semi Closed Wallet. You can trigger a request to credit the payment to source. It will take 3-21 days for the money to show in your bank account depending on your bank’s policy.
5.Termination; Agreement Violations
You agree that QWIK FUELS, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. QWIK FUELS may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that QWIK FUELS will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies QWIK FUELS may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
You agree to indemnify, save, and hold QWIK FUELS, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. QWIK FUELS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify QWIK FUELS, including rights to settle, and you agree to cooperate with QWIK FUELS’s defense and settlement of these claims. QWIK FUELS will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
7. Ownership; Proprietary Rights
The Services and the Site are owned and operated by QWIK FUELS and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by QWIK FUELS (the “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and QWIK FUELS, all Materials, trademarks, service marks, and trade names contained on the Site are the property of QWIK FUELS and/or third party licensors or suppliers. You agree not to remove, obscure, or alter QWIK FUELS or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by QWIK FUELS, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. QWIK FUELS reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to QWIK FUELS, and shall assign to QWIK FUELS, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
8. Modification of this Agreement
QWIK FUELS reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, QWIK FUELS may be required under applicable law to give you advance notice, and QWIK FUELS will comply with such requirements.
The failure of QWIK FUELS to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by QWIK FUELS.
Governing Law and Forum for Disputes any claim or dispute either party may have against their other under these term shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India.. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law
Severability If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Assignment This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us to our affiliates without restriction as a part of any business reorganisation. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Survival Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
Headings The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement This is the entire agreement between you and QWIK FUELS relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by QWIK FUELS in accordance with the terms of this Agreement.
10.Consent to Electronic Communications and Transactions
By registering to use the Site, below, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when We send the electronic communication to the email address/mobile number that as per our records, or when We post the electronic communication on the QWIK FUELS Site. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by contacting us, but We reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.
11. Limitation of Liability
12. Choice of Law and Dispute Resolution
These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of New Delhi shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.
The parties are independent contractors and nothing in these Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership. These Terms constitute the entire agreement between you and us regarding its subject matter and supersede all prior and contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that subject matter. Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of these Terms shall remain in full force and effect. You cannot assign the Terms or delegate your obligations under these Terms without the express written consent of QWIK FUELS. The prevailing party in any action relating to these Terms shall be entitled to recover its reasonable legal fees, costs and disbursements incurred in connection therewith from the non- prevailing party.
• Cancellation by QWIK FUELS: There may be certain orders that QWIK FUELS Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non- availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, or problems identified by QWIK FUELS’s credit and fraud avoidance department. QWIK FUELS may also require additional verifications or information before accepting any order. QWIK FUELS will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or QWIK FUELS.• Cancellation by the User: In case of requests for order cancellations, QWIK FUELS reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if QWIK FUELS receives a cancellation notice and the order has not been processed/ approved by QWIK FUELS, QWIK FUELS shall cancel the order and refund the entire amount to you instantly. QWIK FUELS will not be able to cancel orders that have already been processed. QWIK FUELS has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by QWIK FUELS and accept QWIK FUELS’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped refund shall be made subject to the returns process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.• QWIK FUELS reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by QWIK FUELS as per certain criteria. Any QWIK FUELS Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive, viz: • Products ordered are not for self-consumption but for commercial resale• Invalid address given in order details• Any malpractice used to place the order
14. Delivery of the Product:
Your shipping address, pin code will be verified with the database of QWIK FUELS before you proceed to pay for your purchase. In the event your order is not serviceable by our delivery partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by QWIK FUELS, in such cases QWIK FUELS will not be responsible for the non-delivery of the product. QWIK FUELS doesn’t deliver items internationally. However, you can make purchases on the Site from anywhere in the world but at the same time ensuring the shipping address is within India.In case you book multiple orders for the Products and Services in one transaction, QWIK FUELS would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics or logistics’ issues. If you purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by you. If you wish to ship Products to different addresses, then you should book the orders separately based on the delivery addresses.
15. Return Policy
There is no return policy for the products offered by QWIK FUELS. This is because of the nature of the product.
By accepting the terms and conditions the you accept that QWIK FUELS may send the alerts to the mobile phone number/ email provided by you while registering for the Service or to any such number replaced and informed by you.