i. Product: defined by words including Product, High Speed Diesel, HSD, diesel, which is classified as Petroleum Class B Product under section 2(bb) of the Petroleum Act, 1932, collectively and/or separately intended to mean “Product”.
ii. User: defined by words including you, consumer, individual, person, entity, party, User, end-User, customer, client, purchaser, principal all collectively and/or separately intended to mean the “User” who uses the Services and who is the recipient of the Product procured using the service as described and provided by Tankup, and specifically excluding:
- a Dealer/Agent/Distributor appointed by a company/entity engaged in marketing of Product in India ;and/or
- an individual or company that has been barred from procuring Product by an Government Agency or Oil Company.
iii. Tankup: defined by words including our/we and its employees, operators collectively and/or separately intended to mean, “Tankup”.
iv. Services: defined by words including Product procurement Services, Product acquisition Services, commission agent Services, commercial agent Services and any or all of those preceding with Tankup acting as your authorized agent during the purchase, transport, transportation logistics and Product transferring Services with Tankup’s operator acting as your authorized agent during the process, any and all in all cases collectively and/or separately to mean the “Services”.
v. Platform: defined by words including platform, application, website, app, phone, all collectively and/or separately intended to mean the “Platform”.
vi. Agent: defined by words including commission agent, commercial agent, Product procurement agent, Product acquisition agent, authorized representative of User for the purpose of Services, intermediary, collectively and/or separately intended to mean the “Agent”.
vii. Container: defined as any receptacle designed to store Product, securely clamped and mounted on a vehicle and having capacity less than 999 litres.
In these terms, the words “including” and “include” mean “including but not limited to”; and the word “Services” is meant to include “Platform” and vice versa and/or shall be read as Services obtained by accessing the Platform, where applicable, since the two are complementary.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES
III. Tankup hereby declares and the User acknowledges and agrees that, for the purposes of these Terms or otherwise:
1. Tankup is not an oil company, oil marketing company or its agent (except for the purpose specified under section D- Payment) /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
2. Tankup does not endorse in explicit or implied form, any oil marketing company or oil company operating in India or anywhere in the world.
IV. Tankup only provides logistical Services to you through (i) procuring; (ii) transporting; and (iii) delivering the Product at a location specified by you as described in detail in ‘Section A: The Services’. In providing this service, Tankup acts as your agent to find the Product based on ease of access and distance to the final delivery point and to transport the Product procured on your behalf, to a location of your choice and transfer the said Product procured on your behalf into a container/s of your choice. Tankup does not indulge in an unauthorized exchange or unauthorized sale or unauthorized purchase of the Product or any malpractice.
IV. The agreement/contract has been entered into specifically between two parties, the User/you and Tankup, at your initiation and behest, with you 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 you acknowledging and agreeing that you approached Tankup with an intention to hire Tankup’s Services, and in doing so you undertake to have acted independently and without any coercion or compulsion or under any duress.
VI. These Terms expressly supersede any prior or other agreements or other arrangements that may exist between you and Tankup. Notwithstanding this, Tankup 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 terms.
A. THE SERVICES
1. The Services offered constitute a technology platform that enables Users:
i) To designate Tankup as an agent acting on the User’s behalf to procure the Product; and
ii) To schedule transportation of the Product procured on the User’s behalf and transport the Product procured through an Operator to a location of the User’s choice and further transfer the Product into a container of the User’s choice; all this while acting as the User’s agent.
2. You agree and undertake that Tankup acts as your agent to procure the Product on your behalf from Authorized Government Agencies or Authorized dealers (public or private) of oil Companies or oil Companies)(hereinafter referred to as “Vendor” or “Seller”) based on ease of access and distance to final delivery point.
3. Unless otherwise agreed by Tankup in a separate written agreement, the Services are made available solely for your personal and non commercial use.
4. We provide on-demand Product delivery Services as described in these Terms. You may order our Services using Tankup’s Website/ mobile application (the Platform). You may cancel orders at any time prior to receiving a notification from us, that the Product has been procured by us on your behalf. We will also notify you that our delivery vehicle is on its way to a location specified by you. When we notify you that the delivery vehicle is on route, or you specify an appointment window, you agree that this window is an estimate only. We do not guarantee delivery at any particular time within such window and do not guarantee that our vehicle will arrive within the estimated time. Once our delivery vehicle arrives onsite, whether within or outside the estimated window, it will be notified to you via Tankup’s application/ SMS. Our driver will wait no more than ten minutes for you to give access to a container of your choice for transferring the Product procured on your behalf. If access in not granted within such ten-minute period, our delivery vehicle will leave and you will be charged the applicable fees irrespective of whether or not the delivery was successful. Due to reasons such as restrictions imposed by applicable law, terrain or building features and limitations (e.g. overhead clearance), or the requirements of some private property owners, the Services may not be available in all locations within a service area. 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.
B.1. Contingent on your agreement to these Terms and stipulations, and deemed agreement in case of use, Tankup hereby grants you a limited, restricted, non-sub licensable, User irrevocable (during an active order) but revocable by Tankup (at any time), non transferrable license to:
- Access and use the Applications on your personal device solely in connection with the use of the Services.
- Access and use any content, information and related materials that may be made available through the use of Services, in each case for your personal and non-commercial use. (see Section C: Use of Services).
Any rights not expressly granted herein are hereby reserved by Tankup and Tankup’s licensors.
Restrictions and Contingencies of Grant of License:
B.2. The license is granted to you, contingent to the following conditions you hereby represent, warrant and undertake that you:
- are not a Dealer/Agent/Distributor appointed by a private or public company engaged in marketing/ sale of the Product in India.
- are not an individual or company barred from procuring the Product by any Government Agency or Oil Company.
- will not alter, add or remove any copyright, trademark or other proprietary notices from any portion of the Application.
- 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 Tankup.
- will not decompile, reverse engineer or disassemble the Platform and/or Services.
- will not link to mirror or frame any portion of the Platform and/or Services.
- will not cause or Launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform 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.
B.3. The Platform and Services and all rights therein are and shall remain Tankup’s property. Neither these Terms nor your use of the Platform grants to you any rights in or related to the Platform or Services, except for the limited license granted above), to use or refer in any manner Tankup’s brand name, logos, Product, and service names, trademarks or Services marks or those of Tankup’s licensors.
False Claims made by User to Obtain License
B.4. Making a false claim to obtain in a license to use Services or in any section in this document shall automatically disqualify the User from using the Services. You are advised to cease and desist from using the service, if you are making a false claim. If you continue to do so, you will be liable and subject to prosecution for fraud.
1. To use the Services, you must register for and maintain a User account (“Account”). You 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 you or to which to you have authorization to use. Account registration requires you to submit to Tankup personal information, including name, address, mobile /cell phone number, age, vehicle details (model, model, year, colour, license Registration/Number plate), as well as at least one valid payment method that either belongs to you or to which you have authorization to use, (credit card/ debit cart/net banking/e-wallet, cash on delivery or other accepted payment method). You hereby agree 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 Tankup’s termination of this Agreement with you. Further, you are solely responsible for all activity on that Account, and you agree to maintain the secrecy of your Account’s Username and password at all times. Unless otherwise permitted by Tankup, you may only possess one Account.
2. By using the Services, you hereby agree and undertake to accept Product procured by us irrespective of the brand of the Product procured or location at which procured. The Product shall be procured only from an Authorized dealers of the Oil Company (Vendors or Sellers), including but not limited to Indian Oil Corporation Limited, Bharat Petroleum, Hindustan Petroleum, Reliance Petroleum, Shell etc.) The location for procurement shall be an 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. You further agree and authorize us to make the payment on your behalf for the Product procured. Since Tankup is acting as your agent, you hereby agree that the bill/invoice that will be generated during Product procurement will be in your name, even though we may pay for the Product on your behalf while procuring it. The charges incurred by us, acting as your agent, in this case will be refunded in full to us (hereinafter referred to as “Product Charges”). The Product Charges will be the actual cost of Product purchased, inclusive of all taxes payable and will simulate the transaction as if you have procured the Product. You agree to accept and pay and not challenge these charges.
3. By using the Services, you hereby agree to hire Tankup’s logistics Services with the operator to transport the Product procured on your behalf in Tankup’s equipment/ vehicle to a location of the your choice and transfer Product procured on your behalf into a container of the your choice. Charges will also be applicable to schedule transportation and transferring of Product procured on your behalf (hereinafter referred to as “Service Charges”). You will also be charged applicable taxes on the Service Charges. You agree to not challenge these charges.
4. By using the Services, you hereby undertake that you are not a Dealer/Agent/Distributor appointed by a company engaged in marketing/sale of Product in India and you undertake that you are 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 you from using the Services. You are advised to cease and desist from using the Services if you are making a false claim and if you continue to do so, you will be liable and subject to prosecution for having committed fraud with Tankup. All relevant clauses of the applicable law will be used for proceeding with prosecution by Tankup, including statutory reporting of breach of contract/agreement if and when a User default is recognized by Tankup or reported to Tankup. Tankup declares that it will cooperate with the relevant agency to aid such a prosecution, if charges are pressed by such an agency.
C.3. By using the Services, the you also hereby undertake:
i. That the mobile/cell phone number used to register for the account, either belongs to you or you have the authorization to use the number for the purpose of registering with Tankup.
ii. That the payment method used to pay to Tankup for Services provided, either belongs to you or you have the authorization to use the payment method provided for the specific purpose of paying for the Services.
iii. To pay all and any applicable charges to Tankup including procurement, transporting, statutory and payment facilitation charges including taxes, levies, charges, surcharges, cesses, fees charged as applicable.
v. To have access, right and privilege to property (Movable or Immovable) at the time of delivery and transferring the Product. (See Section E: Disclaimers, Limitation of Liability and Indemnity)
vi. To not authorize third parties to use your User Account.
vii. To not assign or transfer your User Account to any other person or entity.
viii. To comply with all applicable laws when using the Services.
ix. To use the Services only for lawful purposes.
x. That the Services will not be used to cause nuisance, inconvenience, or property damage (movable and/or immovable), whether to Tankup or to any other party.
xi. That in certain instances you may be asked to provide proof of identity to access or use the Services and that you may be denied access to use of the Services if you refuse to provide proof of identity to check compliance of mentioned undertakings.
xii. That all information that has been shared by you with Tankup is factually correct and accurate.
xiii. That in case there are quality issues with the Product procured, you will direct all claims to the point of purchase (vendor) where Product was procured by Tankup acting on your behalf as your agent.
xiv. That any and all benefits including but not limited to reimbursements/paybacks/cashback/points/miles whether or not obtained when procuring Product your behalf and/or whether or not derived from use of cashless transactions and/or whether or not derived from using fleet cards will be the sole property of Tankup and you hereby acknowledge and agree that the you have no claim on any such benefits. Further, even in case a residual claim exists, you agree to transfer any all such residual claims to Tankup for monetization. You hereby waive all direct and indirect claims and subsequently transfer all such benefits to Tankup.
C.4. User Provided Content
Tankup may, in its sole discretion, allow or request the User to present, upload, or make available text, audio-visual content and information, including commentary and feedback related to the Services (hereinafter referred to as the “User Content”). By providing User Content to Tankup, you agree to give to Tankup a worldwide, perpetual, irrevocable, royalty-free license, with the right to sublicense, use copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content (in connection with the Services and Tankup’s business)on third –party sites and Services, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
C.5 Network Access and Devices
You, the User, are solely responsible for obtaining the data network access necessary to use the Services. Your mobile/cell network’s data and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and any updates thereto. Tankup does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, you should be aware that the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
C.6. False Claim made by User to use Services
Making a false claim to obtain a License to use Services or in any section in this document shall automatically disqualify you from using the Services. You are encouraged to cease and desist from using the Services if making a false claim and if you continue to do so, you will be liable and subject to prosecution for having committed fraud with Tankup.
You, the User, understand, acknowledge and undertake the following:
1. That use of the Services will result in applicable charges
2. The charges will include charges for Product procured (Product Charges) from an the Vendor i.e. any authorized government agency, authorized dealer (private or public) of an Oil Company by Tankup on your behalf acting as your agent and charges for Services provided (Service Charges). The Product Charges will be the actual cost of Product procured, inclusive of all taxes payable and will simulate the transaction as if you had procured the Product yourself. You agree to not dispute or challenge these charges. The bill/invoice will be in the name of the User/ you and you authorize Tankup to pay for these charges to the Vendor acting as your agent and on your behalf, and you further agree to reimburse these charges to Tankup.
3. Charges will also be applicable to schedule transportation and transferring of Product procured on your behalf, referred to as the Service Charges. You will be charged applicable tax also on these charges. You agree to not dispute or challenge these charges.
4. Separate invoices will be raised with respect to the Product Charges and Service Charges respectively.
5. 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 your behalf 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 Tankup and you hereby acknowledge and agree that the you have no claim on any such benefits. Further, even in case a residual claim exists, you agree to transfer any and all such residual claims to Tankup from monetization. You hereby waive all direct and indirect claims and rights and subsequently transfer to Tankup. These charges may not be reflected in your bill.
6. That you will be liable to pay all applicable charges described above, even if you choose not to accept the Product (procured by Tankup on your behalf as your agent and its subsequent transportation to a location of your choice). In case of non acceptance of Product by you, Tankup is free to appropriately dispose off the Product or use it as Tankup may deem fit and in such a case you will relinquish all claims on the Product procured.
7. All Charges are due immediately and payment will be facilitated by Tankup using the preferred payment method designated in your User Account, after which Tankup will send you a receipt on your registered email id or notification on your User Account or an acknowledgement through SMS. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Tankup may use a secondary payment method specified in your User Account, if available. That you are liable for both components of the applicable Charges, i.e. Product Charges and the Service Charges and both these components are to be paid to Tankup in the account mentioned in the next paragraph. The Product Charges are merely collected by Tankup as the agent for the vendor for the limited purpose of such payment.
8. The entire payment by you, including the Product Charges and the Service Charges, will be made or directed to the account maintained by Tankup, with the following details:
Bank Name: HDFC BANK
Account No.: 502 000 272 616 61
Branch: VIBHUTI KHAND, GOMTINAGAR, LUCKNOW
IFSC Code: HDFC 0004805
It is hereby again clarified that the Product charges will be collected by Tankup on behalf of the vendor as an agent.
9. As between you and Tankup, Tankup reserves the right to establish, remove and revise Charges for any or all Services obtained through use of the Platform at any time in Tankup’s sole discretion. Tankup may from time to time provide certain Users with promotional offers and discounts that may result in different amount being charged for the same or similar Services or goods obtained through the use of the Services. You agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on use of the Services or the Charges applied to you. You may elect to cancel request for Services at any time prior to receiving a Product procurement confirmation message/ notification from Tankup, in which case you may be charged a cancellation fee.
10. You understand that, while you are free to provide additional payment as a gratuity to any operator, you are under no obligation to do so. Gratuities are voluntary.
11. You expressly authorize Tankup 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.
12. We understand that you might cancel an account, but please know that Tankup will not provide any refund(s) and you will be responsible for paying any balance due on the account. You agree that Tankup may charge any unpaid fees through the payment method provided and/or send you a bill for such unpaid fees.
13. That all statutory and payment facilitation charges including taxes, levy, charges, surcharges, cesses, fees will be charged as applicable.
14. That the payment method used to pay Tankup for Services provided, either belongs to you or you have the authorization to use the payment method provided for the specific purpose of paying for the Services.
E. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
i. The Services are provided on “as is” and “as available” basis. Tankup 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, Tankup makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any Services or Product procured by Tankup as your agent, requested through the use of Platform, or that the Services will be uninterrupted or error-free. Tankup does not guarantee the quality, suitability, safety of Product procured by Tankup as your agent . You agree that the entire risk arising out of use of the Services, and any service or Product requested in connection therewith, remains solely with you. Tankup does not sell , put up for sale, put on the market , vend, trade, retail, wholesale, market, promote, advertise, publicise a Product, transact an unauthorized sale or unauthorized exchange or unauthorized purchase, but offers to you a technology platform whereby you can authorize Tankup to purchase Product on the your behalf as your agent and subsequently have it transported on your behalf to place of your choice and transferred into a container of the your choice.
ii. The platform may be under constant upgrades, and some functions and features may not be fully operational.
iii. Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
iv. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
E.2. LIMITATION OF LIABILITY
Tankup shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or damage to property (both moveable and immovable) related to, or in connection with, or otherwise resulting from any use of the Services or Product (procured by Tankup as your agent; read preceding sections for details), even if Tankup has been advised of the possibility of such damage. Tankup shall not be liable for any damages, liability or losses arising out of your use of or reliance on the Services or use of Product procured using the Services or your inability to access or use the Services. Tankup shall not be liable for delay or failure in performance resulting from causes beyond Tankup’s control. In case of quality issues with the Product procured, you are directed to address all claims to the point of purchase where the Product was procured by Tankup on your behalf as your agent. You hereby indemnify Tankup from any and all claims that may arise out of quality issues with the Product procured by Tankup acting as your agent. In no event shall Tankup’s total liability to you in connection with the Services for all damages, losses and causes of action exceed INR 10,000/-. In addition, Tankup shall not be liable to you for any damages arising out of, or relating to any of the following under contract, tort (including negligence) or otherwise:
- Any siphoning of Product from your container.
- Access by any third party to any area within which your movable or immovable property is located, whether or not you having provided us with any key, pin or passcode to allow us access to such area.
- Any spillage of Product, whether or not related to the Services; and the Product used to fill your container.
E.3. RESTRICTIONS ON USE
You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
a. belongs to another person and which you do not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
c. is misleading or misrepresentative in any way;
d. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
e. harasses or advocates harassment of another person;
f. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
g. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
h. infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
i. promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
j. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
k. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
l. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
m. contains video, photographs, or images of another person (with a minor or an adult);
n. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
p. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
q. interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar Services;
s. harm minors in any way;
t. infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy
u. involves in the sale of counterfeit or stolen Products;
v. violates any law for the time being in force;
w. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
x. impersonate another person;
y. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
z. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
z. is false, inaccurate or misleading;
aa. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
bb. creates liability for us or causes us to lose (in whole or in part) the Services of our internet service provider or other suppliers.
2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘Tankup’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Tankup or Seller on platform or otherwise tarnish or dilute any Tankup’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Tankup’s systems or networks, or any systems or networks connected to Tankup.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
9. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations regarding your use of our Service.
13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related Products or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
14. It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
15. Tankup shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
E.4. DISCLAIMER OF WARRANTIES
Please note that your use of our Platform and the Services shall be at your sole risk. Tankup disclaims all warranties of any kind, whether express or implied, including, but not limited to non-infringement of third party rights with respect to the contents of the Platform, or any reliance upon or use of the Platform contents or Products.
Further, Tankup makes no warranty:
- That the content made available on the Platform is complete, updated or accurate; or
- That the third party information made available on the Platform or the third party links made available on the Platform are accurate, reliable or complete.
You acknowledge and undertake that you shall be responsible for use of the Services, and you hereby indemnify Tankup and its officers, directors, employees, consultants, affiliates, and agents (together the “Tankup” Entities) from and against any and all claims, demands, losses, liabilities, and expenses (including attorney’sfees ), arising out of or in any way connected with:
- Your access to use of or alleged use of the Platform/Services or goods (procured by Tankup on your behalf, as your agent; read preceding for details) procured through use of the Services;
- You making any false claim to either obtain a license to access Services or Application or to use the Services;
- Sharing of inaccurate, false, misleading or incorrect information uploaded by you;
- Your breach or violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
- Tankup’s use of User Content;
- Violation by the User/you of the rights of any third party, including any intellectual property right or publicity, confidential, other property, or privacy, right;
- Any dispute or issue between you and any third party;
- Access rights and privileges to property (movable or immovable) at the time of delivery and transferring to Product.
Tankup reserves the right, at its own expense to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligation with respect to that matter), and in that case, you shall agree to co-operate with Tankup’s defence of that claim.
F. DISPUTE RESOLUTION MECHANISM
You hereby agree 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 Platform/Services (collectively, “Disputes”) will first be brought to the attention of Tankup’s management in writing for settlement. The Management, after scrutinizing the claim will reply to you with a decision on the matter within a period of 60 days. In case the dispute still remains unresolved, the courts in Uttar Pradesh will have exclusive jurisdiction to adjudicate upon the matter.
G. REDRESSAL OF GRIEVANCES
If you have any questions or grievances regarding the Platform, the contents thereof or the Services, you may reach out to Tankup customer support at email@example.com (the “Grievance Officer”). The Grievance Officer shall address any complaint or grievance that is raised by you within a period of one (1) month from when it is raised.
H. MISCELLANEOUS PROVISIONS
H.1. Force Majeure: Tankup shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. Tankup may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform and the provision of the Services.
H.2. Entire Agreement: This Agreement comprises the entire agreement between you and Tankup with respect to the use of the Platform.
H.3. No Waiver: A delay or failure by Tankup to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
H.4. Notices: All notices given to a User by Tankup or by a User to Tankup 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:
i. Notice to Tankup:
Registered Address: 102- Garden View Apartment, 8 RANA Pratap Marg, Lucknow-226001, Uttar Pradesh, India
Office also at: Flat No.- 07, Green Wood Apartment, Gokhale Marg, Lucknow- 2260001 Uttar Pradesh, India Email: firstname.lastname@example.org
ii. Notice to User:
At the email address provided by you at the time of registration on the Platform.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by the provisions of Indian law, including but not limited to the following:
- the Indian Contract Act, 1872;
- the (Indian) Information Technology Act, 2000;
- the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
- the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
This Website originates from the State of Uttar Pradesh in India. This Agreement will be governed by the laws that are applicable in the State of Uttar Pradesh. By using this Website, you consent to the jurisdiction and venue of the courts located in Uttar Pradesh, India in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
Tankup may terminate your access to the Platform 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.