The platform provided by us is to facilitate refuelling 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/ss. Be sure to return to this page periodically to review the most current version of terms & Conditions. Your continued use of this digital platform/s shall constitute acceptance of all changes and 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 authorised vendor of diesel who is competent supply diesel at the door step to the end customer in its own transportation. End Customer – means and include any person who has place order with dealer for purchase of diesel and its supply at its place of operations for its own utilisation. It specifically excludes any forward sale of the diesel. Product/Diesel refers to diesel having such quality specifications as may be specified under applicable law from time to time. Platform means and includes the user interface provided by Humsafar through its applications or through its website. Place of Delivery – venue or location which is available with and under the control of end customer to securely and safely take delivery of diesel from the Dealer in compliance of standard operating procedure. Applicable laws- means and includes any applicable Central, State, or local laws, statutes, ordinances, rules, regulations, codes, bye laws, etc. including amendments, modifications thereto, any government notification, circulars, office orders, directives, 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.
That both Dealer and end customer are bound and hereby undertake to adhere to standard operating procedure for safe, smooth and secure delivery of diesel at doorstep.
That you would be bound to pay for the services and product ordered using the platform as per the Pricing schedule as amended from time to time. You are advised to read the Pricing schedule every time before placing Order using the Hamsafar’s platform.
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, nor allow third parties on your behalf (i) to resell or charge others for use of the Application (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application; and (c) you warrant to otherwise comply with the present terms. For avoidance of any doubt this License is personal, nonexclusive, non-transferable, non-sub licensable, revocable and a limited license to download and use the Application on a mobile device or system that you own or control.
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 and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. 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 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 an 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, 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 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 right to privacy, in order 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 as 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.
Except as otherwise expressly agreed or required by applicable law, all data except financial data, remarks, suggestions, ideas, graphics, or other information communicated through to Humsafar will forever remain the property of Humsafar. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. 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 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;
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 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 the Humsafar, or to bind the Humsafar in any manner whatsoever or enter into any Contract or obligation, express or implied, binding or purporting to bind the Humsafar for the payment of money or otherwise. Nothing stated herein would preclude Humsafar to act as dealer and to itself supply diesel to the end user/customer.
That it shall be sole responsibility of the Dealer to insure the whole activity and its various aspects including theft, burglary, fire, natural calamity, unrest, rioting, workmen, medical, etc to the extent product is being transported, supplied & transferred to the end customer. Same shall be done by dealer at its own cost against any & all eventualities like fire, flood, earth quake, unrest, strike, theft etc. That such activity shall not include the eventuality which is caused by negligence on part of the end customer. Termination
Upon termination of the Application (i.e. deletion of the Humsafar account) from your mobile device or system, Humsafar shall delete all your Contents from its database and servers within a maximum of 30 days, except to the extent required to be retained by applicable Laws. Humsafar reserves the right to send you periodic communications for the purpose of 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 time stamp) stored by your contacts may remain after you delete Your account till it is deleted by such contacts.
Humsafar reserves the right at any time and from time to time to interrupt, restrict (without cause and without 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 to 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 technical issues beyond our control.
You are responsible for any mobile charges when you use the Services including data charges for use or the Services and/or updates or upgrades of new versions of the Services. If you’re not sure what those charges may be, please ask your network service provider 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 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 maybe 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 platform/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. Reward Points
Humsafar may reward its Registered Users 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 in addition 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 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 the 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 a Identification Document (Eg. 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.
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 cause confusion among 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 authorised by Humsafar in writing.
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 in relation to the application. It is agreed that neither Humsafar nor any third party provides 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. 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 website or received through the Humsafar. You agree not to seek to recover any damages, including consequential, lost profits, special, indirect or incidental damages from Humsafar.
Humsafar makes no warranty against 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 use of application and related services is purely voluntary on your part, at your own risk and therefore agree to bear any and all risk whatsoever and/or howsoever caused. Any content or material downloaded through your use of the application is at your own 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.
To the maximum extent permitted by applicable laws, under no circumstance shall Humsafar, its directors, employees 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 for 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 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 the Humsafar. It is stated and that the user is informed to verify the applicability or suitability of the information before use.
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 of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) Your negligence or wilful misconduct. These obligations will survive 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.
It is made clear that Humsafar does not provide any payment gateway through its Application or site and nor does it accept any charges from its Application users, as such it will not be responsible, liable for quality or refund for any payments, whether in part, which are made to third party vendors or dealers, in whatever manner.
If any provision of these Site Terms & Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from rest of terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.
If we don’t enforce our right or any part of these Terms, it will not be considered as waiver on our part.
When you download an application you are requested to register with us. For registration through Humsafar, you are only required to provide your mobile phone number or your email address, depending on the device(s) you are using on the Service. You may also provide other personally identifiable information, but that is optional. When you log in using your Facebook account, we collect additional information you make available to us.
If you are not already a user of the Service, when you first install an application on your device, you are invited to register with Humsafar and as part of this initial registration, you will be asked to allow us access to your address book. If you consent, we will have access to contact information in your address book on the devices you use for the Service (names, numbers, emails, and Facebook ID, but not notes or other personally identifiable information) and we will store it on our servers and use it to improve the Service and help you use the Service. If you do not want Humsafar to store this information, you may opt-out at any time through your account settings in the Humsafar mobile app, or in your device’s privacy settings, in which case we will delete that information from our servers. However, in this case, we may not be able to offer some of the features that require this information.
We may request access to your current location – provided by your mobile device using GPS or similar technologies – so that we can provide content that is more suitable to your location. You are free to accept or block access to your location information. You can switch off access to your location at any time through your account settings or your device settings menu.
We collect and store certain profile information including your name, phone number, email address, picture, country of residence and preferences.
We may collect and store information about your usage of, and interaction with, the Service and Third Party transactions including calls, messages, posts, usage of the Service by geographies, device and connection information (such as MAC address), IP address, device capability, bandwidth..
When we serve an advertisement to your device, we collect information about your interaction with this advertisement to help us evaluate the performance of the advertisement that we show, such as whether you clicked on it, or installed the advertised product. The third parties that serve these advertisements may also collect other information about your interaction with an advertisement. This collection and the subsequent use of this information by these third parties is subject to these third parties' privacy policies over which Humsafar has no control.
Shared Text, Photos, Videos and Other Communications
The Service allows you to share text messages, photos, videos and other communications with other users, and if you choose to share your text messages, photos, videos and other communications, such items will be stored on our servers. In addition, if you choose to share these items with other Service users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending text messages, photos, videos or other communications through the Service is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available (depending in part on your actions or the actions of others with whom you have shared the information). Humsafar is not responsible for any use or misuse of information you share with other users or service provider.
If you use our Service, we collect information about your device and browser. This may include device information (type of device, operating system version, unique device identifier, browser type and version, mobile network information) or log information (IP address, MAC address, screen resolution, and referring domain).
We also collect error-reporting information if the Service crashes or hangs up so that we can investigate the error and improve the stability of the Service for future releases. In general these reports do not contain personally identifiable information, or only incidentally. As part of these error reports, we receive information about the type and version of your device and browser, the device identifier, the time the error occurred, the feature being used and the state of the application when the error occurred. We do not use this information for any purpose other than investigating and remedying the error.
Provide, improve and develop our Services. We use information we have to deliver and enhance our Services, personalize content, and make suggestions to you. For example, we use some registration information to set up a profile page for you; and help you to connect you with friends on Humsafar (unless you change this in your settings) - if a Humsafar user has your email or phone number in their phone contacts and uses the suggested friend feature, that person can start chatting with you and can see your profile page. Communicate with you. The information we collect lets us keep you posted on Humsafar’s latest product announcements, software updates, upcoming events and any messages you have waiting on Humsafar if you haven’t been active for a while. If you don’t want to be on our mailing list, you can opt out anytime by updating your preferences.
Show and measure ads and Services. We use information to improve our advertising and measurement systems so that we can show you relevant ads on our Services and measure the effectiveness and reach of the ads and services. Learn more about how to control information about you that is used to personalize the ads here.
Promote Safety and Security. We may use your information, including date of birth, to verify identity, to determine eligibility to use the Services, and to recommend appropriate Services. We also use information for loss prevention and anti-fraud purposes and to enforce our Terms of Service
Third Party products and services on Humsafar, Humsafar advertises the products or services which may be operated by third-party advertisers. When you deal with these third-parties through Humsafar, they and other users may be able to see your user profile and your location. They may use this information as described in their privacy policies, which can include advertising.
This app also provides a social platform to its users where they have sophisticated chat facilities, listing and promotional offers from the relevant merchant categories as per your preferences. Use of such information by our service providers is limited to the information concerning your preferences they need to provide services and not your personal information. We also use aggregated non-personal user data to analyse information for providing better services. To protect Humsafar and its users, or for legal purposes.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have implemented commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse and alteration and to preserve the security of the Personally Identifiable Information in our care. Our security practices and procedures limit access to personal information on need to know basis only.
Such measures may include, where appropriate, the use of firewalls, secure server facilities, implementing proper access rights management systems and processes, careful selection of processors, standard authentication and encryption policies for our servers and other technically and commercially reasonable measures.
However, Humsafar cannot guarantee in any way with respect to any Personally Identifiable Information or Contents that you upload transmit, share or display through the Application or the Site and You do so at Your own risk. Using unsecured or other unprotected networks to send messages and use of other features through the Humsafar application is not recommended.
The Application can also be downloaded from third party application stores including Google Play Store and iTunes Store. You agree to comply with all third party privacy policies, if any, applicable to the use of the Application or related services. Humsafar shall not be responsible for your use of any third party product and or service including the terms and conditions of such third party product and or service and or violation and infringement of any third party rights, policies, terms and conditions in connection with access, download or installation of the Application.