The platform provided by us is to facilitate refueling at scheduled place and time. The ever-evolving interaction & technology requires us to maintain our pace & alter user interface including these Terms & Conditions, which are therefore subject to change, modification, alteration without notice, at any time and you acknowledge that you shall be bound by such change/amendments in Terms & Conditions for continued use of our digital platform/s. Be sure to return to this page periodically to review the most current version of Terms & Conditions. You shall, at all times, be responsible to regularly review the changes made in these terms and conditions and note the changes on the platform. Your continued use of this digital platform/s shall constitute acceptance of all changes and the same shall be binding upon you. You also acknowledge that you are legally competent to perform and be bound by these Terms & Conditions under Indian Law.
Dealer means and include authorized vendor of petroleum products including diesel & petrol and is competent to supply such products at the doorstep to the end customer in its mode of transportation. End Customer – means and includes any person who has placed an order with the dealer for the purchase of such products as are available for supply including diesel and its supply at its place of operations, for its use & utilization. It specifically excludes any forward sale of any product whether in part or whole. Product refers to all petroleum products which the Dealers are competent to offer & supply at the end customer’s place of operation and having such quality specifications as may be specified under applicable law in this regard from time to time. Platform means and includes the user interface provided by Humsafar through its applications or its website/s. Place of Delivery – venue or location which is available with and under the control of end customer to securely and safely take delivery of product from the Dealer in compliance with the standard operating procedure. Applicable laws- means and includes any Central, State, or local laws, statutes, ordinances, rules, regulations, codes, bye-laws, etc. including amendments, modifications thereto, any government notification, circulars, office orders, directives, guidelines, etc, or any government order or direction, judgment, decree or order of a judicial or a quasi-judicial authority whether in effect on the date of this Contract or thereafter applicable at any stage of the transaction or prior thereto or thereafter.
The end customer hereby warrants that it shall not whether directly or indirectly provide any false, wrong or misleading information to or through Humsafar’s platform, it shall not indulge in the forward sale, it shall confirm the quality & quantity of the product before its delivery, it shall pay for the cost, delivery charges, and such other taxes or surcharge/cess as may be liable towards the delivery of the product, it shall ensure its requirement, applicability and usage of the material/product requested and shall not hold Humsafar responsible for any loss or damage. The End Customer further represents that it has requisite space available with it and is also in compliance with all PESO guidelines parameters required for taking safe & secure delivery of the product in its location. The Dealer shall comply with all applicable laws relating to and necessary for the supplying the product at the doorstep of the end customer, it shall not supply sub-standard/ deficient material, it shall maintain complete transparency of information & details of supply, it shall not mislead or cheat or provide false information, it shall maintain absolute safety standards at the time of delivery of the product.
Quality & Quantity Check
The end customer shall be free to request for quality test from the dealer before accepting the delivery of the product. The prescribed quality test is the density test which shall be performed at the request of the end customer by the Dealer before the supply of the product. Quantity can be checked through the 5L jar calibrated by weights and measure department. It shall be the responsibility of the end customer to ensure the quality and quantity of the product being supplied by the dealer to the end customer. Humsafar shall not be responsible for quality or quantity issues or disputes between the dealer and the end customer.
Upon placing your requirement using the platform of Humsafar, a dealer will get in touch with you informing you about the expected schedule of delivery and the time range in which the product can be delivered to you subject to adherence to the standard operating procedure by you and pricing schedule including the cancellation policy. Once the order is placed it shall be delivered between 3 to 8 hours during the working hours only that is from sunrise to sunset. That both parties shall be able to access the location of each other through the platform.
Standard Operating Procedure
Both Dealer and end customers are bound and hereby undertake to adhere to standard operating procedures described by petroleum and explosive safety organization for safe, smooth, and secure delivery of products including diesel at the doorstep.
The End user would be bound to pay for the services, delivery charges, and product ordered using the platform as per the prevailing price of the product. The price of the product is regulated by the Government of India and changes daily. The customer is bound to pay the price prevailing at the time of delivery irrespective of the time of ordering. The cost of product and delivery charges shall be payable directly to the Dealer who shall issue an invoice of the same to the customer at the time of transaction upon receipt of payment towards delivery charges as well as the cost of the product. Humsafar may also charge separately for use of its services to the end customer and dealer, with prior consent only, in case of refusal the services shall be terminated. Without the issuance of Invoice, the end customer shall not be liable to pay any amount to the dealer.
Restrictions Subject to the Terms and compliance of the Terms hereof Humsafar shall grant you a license to use the Services provided that (a) You shall use the Application solely for your personal and lawful use only; (b) You will not allow any third parties on your behalf (i) to resell or charge others for use of the Application/website or products (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application/website of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application/website; and (c) you warrant to otherwise comply with the present terms. For the avoidance of any doubt, this License is personal, non-exclusive, non-transferable, non-sub licensable, revocable and a limited license to download and use the Application/website on a mobile device or system that you own or control.
Consent to Use of Data
By using the Services, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system, location, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services or other products (if any). We may use this information to improve our Service.
You shall not upload or cause to transmit, post, send, comment on, or store content that:
- Violates or infringes any right or third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
- Is false, intentionally misleading, illegal or promotes illegal activity or that impersonates any other person or entity, including Humsafar
- Is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, disharmony or physical harm of any kind against any group or individual
- Is harmful to minors in any way or targeted at persons under the age of 18
- Spams or solicits Humsafar users to purchase anything
- Requests any form of identification or illegal content from Humsafar users
- Interferes with the positive experience of other users of the Humsafar platform, in Humsafar’s discretion. You agree not to use the Services to:
- upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data
- collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers)
- disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack)
- attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining)
- interfere with another user’s use and enjoyment of the Services.
We have no obligation to delete content that you may find objectionable or offensive unless the same appears to be contravening any law. You are obliged to immediately bring to our notice any material or content which you feel may contravene with any law in force or someone’s legitimate right including the right to privacy, for us to examine the same. You shall be liable for any consequences whatsoever resulting from anything transmitted or caused to be transmitted by you, to or through the application. You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the Third Party from which such Content originated. Humsafar does not control or guarantee the accuracy, integrity, or quality of its Contents. We hold no responsibility if the user finds the Contents viewed with the help of a Third Party Site is defamatory, unlawful, harmful, threatening, obscene, abusive, vulgar, libelous, invasive of another’s privacy, hateful, or racially, ethnically, impersonate any person or entity, or otherwise objectionable. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. By using the Humsafar Application/website or availing the services, you represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit the information you consider confidential. By submitting content on this Digital platform/s:
- You agree to take responsibility for the content and accept that the content including Review/s or Comments/s may be edited, deleted without notice or not used; and
- You grant us an irrevocable right to use, reproduce, amend, alter, moderate, adapt, publish and redistribute the content online and offline use we choose, including use in our promotional and advertising material.
- You undertake not to falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted or upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose; or upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or intentionally or unintentionally violate any applicable local, state, national or international law; or “stalk” or otherwise harass another member or user of the Digital platform/s.
- Humsafar reserves the right to send you periodic communications for sharing new updates with you. For the avoidance of doubt, it is clarified that any part of Your Content (viz. your messages, status updates, profile picture updates, files sent by you) stored by your contacts locally on their device may remain after you delete your account till it is deleted by such contacts. Similarly, any part of your Content, which is publicly available to other users of Humsafar who have you in their list of contacts (i.e. the content included in the image uploaded by you and the associated timestamp) stored by your contacts may remain after you delete Your account till it is deleted by such contacts.
The Contract is entered into between the Dealer and end-user/customer on a principal to principal basis. Humsafar does not act as an agent or representative on part of either. That either party that is the dealer or end-user/customer shall not have any right, power or authority either to assume or create any obligation of any kind, express or implied in the name of, or on behalf of Humsafar or to bind Humsafar in any manner whatsoever or enter into any contract or obligation, express or implied binding or purporting to bind Humsafar for the payment of money or otherwise. Nothing stated herein would preclude Humsafar to act as a dealer and to itself supply diesel to the end-user/customer as may be permissible under applicable laws.
That it shall be the sole responsibility of the Dealer to ensure the whole activity and its various aspects including theft, burglary, fire, natural calamity, unrest, rioting, workmen, medical, etc to the extent product are being transported, supplied & transferred to the end customer. The same shall be done by dealer at its own cost against any & all eventualities like fire, flood, earthquake, unrest, strike, theft, etc. That such activity shall not include the eventuality which is caused by negligence on part of the end customer.
That upon breach of any of the terms or covenants herein specified or those applicable under the law, your relationship with Humsafar shall be deemed to be automatically terminated. Humsafar may otherwise also terminate your account at any given point of time at its sole discretion without any reason.
Modifications to the Application
Humsafar reserves the right at any time and from time to time to interrupt, restrict (without cause and notice to You), modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without any notice. You agree that Humsafar shall not be liable to you or any third party for any modification, suspension or discontinuance of the Application or the Site. It is again clarified that every effort is made to keep the Services running smoothly. However, Humsafar takes no responsibility for, and will not be liable for any problem arising from services being temporarily being unavailable due to issues including technical issues beyond our control.
End-user is solely responsible for any mobile charges when using the Services including data charges for the use or the Services and/or updates or upgrades of new versions of the Services. The network provider should be contacted for any charges including data charges that may be levied by them before using the Services.
When you use a service or product offered by a third party, such as Dealers or payment processing services offered by a third party (all together with the “Third Party Services”), that third party’s terms will govern their relationship with you. Please read and understand those terms and investigate any features that are important to you before using a Third Party Service. Humsafar is not responsible or liable for the third party terms or content of Third Party Services or actions taken under the third party’s terms. Humsafar does not necessarily conduct a detailed review of and makes no promises about the Third Party Services and neither specifically endorses any of these third party services. You may be able to access third-party information through Humsafar which are provided for your convenience and they do not signify that we endorse the contents of the said Dealer or application/s and Humsafar can’t be held responsible in any manner for the contents of the Third Party Services or any damage/loss which may result thereof. It is clarified that the contents of the links accessed through URL or which have been embedded on the Application are contents available with the third Party and Humsafar has no claim or responsibility regarding them, whatsoever. You also acknowledge and accept that we are not responsible for, and assume no liability for, mistakes, misstatements of law or fact, defamation, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or any other form of information posted on website/Applications including ones accessed through URL or embedded in the Application. It is clarified that from time to time this digital platform/s may also include links to other digital platforms/ss. These links are provided for your convenience to provide further information. They do not signify that we endorse the contents of the said digital platform/s(s)/blogs and Humsafar can’t be held responsible in any manner for the contents of the linked digital platform/s(s)/blogs or any damage/loss which may result thereof. You must not create a hyperlink to any of the pages of this digital platform/s unless we give you our written consent first. If you create a hypertext link to this digital platform/s, you are responsible for all direct and indirect consequences, losses, damages, etc. of the link. You must indemnify us for all loss we suffer in connection with any link you have created.
Humsafar may reward its Registered Users upon the use of the platform or for participating by way of submitting their Reviews or Comments on the Digital platform/s. Any Reward awarded is subject to exclusive discretion and sole approval of contents by Humsafar which shall be final. Participating Registered User, also, shall be bound by & subject to following –
- Any fraud, misconduct, abuse, or non-compliance of the participant to these Terms and Conditions and/or any other requirements communicated by Humsafar to participants, may result in the disqualification of the Registered User.
- If any person is subsequently discovered to be not entitled to redeem rewards, Humsafar reserves the right to disallow any prize redemption at its sole and absolute discretion. • In any event that a Registered User's account is terminated at any time for any reason, such user will be disqualified from participating in the Rewards Program. • Using multiple accounts to submit reviews by a single person is not allowed and all such accounts shall be immediately disqualified.
- All participants must submit true personal information. Failure to comply will result in disqualification.
- Humsafar shall not be held liable to any submission delay, information loss, or error arising from any form of technical issues.
- Employees of Humsafar, including its affiliated companies, and their relatives up to the second degree of consanguinity are not allowed to join this contest. Humsafar partners and/or contributors are also not qualified to join.
- In case of any dispute arising out of this promotion, the decision of Humsafar shall be final. Humsafar reserves the right to change these terms and conditions without prior notice.
- Redemption of the Reward shall be made either through Email of the Registered User as provided at the time of Registration or Humsafar may ask the Registered User to collect the Reward from Humsafar office subject to verification through an Identification Document (Egg. D/L, etc)
- If the Reward is not claimed within 15 days of Notification through Email same shall be forfeited.
- Rewards are subject to availability. Humsafar reserves the right to substitute or replace any prize(s) with any other item(s) of equal or similar value (in-kind) without prior notice.
- Receipt of Reward/s shall constitute consent by the winners to the use of their names, images, biographical data and/or likeness by Humsafar for, including and not limited to, interviews and photo-taking, as well as for editorial, advertising, promotional, marketing and/or other purposes without any compensation by Humsafar to the winners.
Intellectual Property Rights
You acknowledge and agree that the Application, the Site, the Services, and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of Humsafar and its licensors, as applicable. All content related to Humsafar corporate and business activities included on the Site and embedded in the Application, including any text, graphics, logos, button icons, images, audio clips, and software, is the exclusive property of Humsafar or its licensors and is protected by applicable legislation concerning protection and preservation of intellectual property rights and applicable international treaties governing intellectual property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site and Application is also the exclusive property of the Humsafar and is protected by applicable laws as stated above. All software used on the Site and the Application is the property of Humsafar or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site and the Application is strictly prohibited except as otherwise permitted by law. All Humsafar graphics, logos, and service names are trademarks of Humsafar or its affiliates. Humsafar’s trademarks may not be used in connection with any product or service that is not Humsafar's, in any manner that is likely to confuse customers, or in any manner that disparages or discredits Humsafar. Humsafar’s trademarks may not be used in connection with any product or service except as authorized by Humsafar in writing.
Disclaimer of Warranties
You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, your use of the application is at your sole risk and discretion. The application is licensed "as-is," and "as available." You bear the risk of using it. Humsafar gives no express warranties, guarantees, or conditions under or concerning the application. It is agreed that neither Humsafar nor any third party provide any assurance or warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials as found on this Application or ordered through Humsafar’s platform. It is further agreed that the Humsafar shall not be held responsible for any losses or damages or costs etc which may result from the usage, reliance, etc of any information accessed on its website, application, or received through Humsafar. You agree not to seek to recover any damages, including consequential, loss of profits, special, indirect, or incidental damages from Humsafar. Humsafar makes no warranty against the interference of the application and related services; for losses or damages including any personal injury arising from or in any way related to your access or use of the application, use of any content/product, transmitted, or otherwise made available via the application or following a failure, suspension or withdrawal of all or part of the application at any time; any bugs, viruses, or the like which may be transmitted to or through our application or related services, that the application will be functional, uninterrupted, error-free or bug-free or meet your requirements; regarding the security, reliability or timeliness of the application; that any errors, bugs or failures in the application will be corrected. Accordingly, you expressly agree that the use of the application and related services is purely voluntary on your part, at your own risk, and therefore agree to bear any risk whatsoever and/or howsoever caused. Any content or material downloaded through your use of the application is at your discretion and risk and you will be solely responsible for any damage or loss of data occurring on your device or any other loss or damages of any kind resulting from the download and use of the application. No advice, course of conduct, or information, whether oral or written, obtained by you from Humsafar or any party or through the application shall create any warranty unless expressly stated in these terms. Whilst Humsafar shall undertake all reasonable efforts and due diligence to ensure security and integrity, Humsafar shall, in particular, not be liable for the following: delay or errors in transmission and/or storage of information to or through Humsafar that might occur from time to time; intrusion, distortion, loss of data, etc due to act of any third party, failure of any software and/or hardware or telecommunication service provider(s) used by us or any other act beyond our reasonable control.
Limitation of Liability
To the maximum extent permitted by applicable laws, under no circumstance shall Humsafar, its directors, employees, representatives or agents be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages, loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application or use of product/diesel, or its supply/transmission or delay in its supply or failure to supply, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if Humsafar or any or all of its agents have been advised of the possibility of such damages. It is further agreed that the Humsafar shall not be held responsible for any losses or damages or costs etc which may result from the usage, reliance, etc of any information accessed on this digital platform/s or received through Humsafar. It is stated and that the user is informed to verify the applicability or suitability of the information before use and the quality or quantity of the product before delivery. Humsafar shall not be responsible in case of any issue or claim of short delivery or quality issues and the same shall have to be raised at the time of taking delivery and not thereafter.
You agree to indemnify, defend and hold harmless Humsafar, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) Your access to or use of the Application, Site and related services; (ii) any breach by you of your obligations; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices under such violation; (v) Your negligence or willful misconduct. These obligations will survive the termination of your relationship with Humsafar.
Humsafar shall not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Humsafar's reasonable control.
Interpretation & Severability
If we don’t enforce our rights or any part of these Terms, it will not be considered as a waiver on our part.
If any dispute arises between the end customer or dealer or their agents, representatives, associates, etc with Humsafar, or about or/& arising from the use of the Humsafar’s platform, through application or website, then same shall be first tried to be resolved by way of mutual discussion, failing which it shall be referred for Arbitration to be conducted by sole Arbitrator to be appointed by Humsafar in its sole discretion. That the place, venue, and seat of arbitration proceedings shall be Delhi and its decision shall be binding upon the parties.