Efuel APP

1.1 Please read these Terms carefully. These Terms, if agreed by you in accordance with clause 1.2, will constitute a binding agreement between you and Tigerville Enterprises.
1.2 By clicking "I agree" or “I accept” or by accessing and using the Apps and the Services, you agree to be bound by these Terms. If you do not agree with any of the provisions of these Terms or do not wish to be bound by any clause/s or condition/s in these Terms (including the most updated version of these Terms), you must not use the Apps or the Services and you must immediately cease accessing and using the Apps and Services. In other words, your use of the Apps or Services shall be deemed as your agreement to be bound by these Terms.
1.3 By accepting these Terms, you also consent to receiving certain communications from Tigerville Enterprises, as further described in our Privacy Policy.
1.4 Tigerville Enterprises may update and expand on the Services that we can offer to you by way of the Apps, and may notify you of any new functionality or features within the App once it becomes available.
1.5 Tigerville Enterprises may, in its sole discretion, update, modify or replace any or all of these Terms from time to time by posting an updated version on the Apps or www.efuel.app. Where a revision materially alters any obligation imposed on you, Tigerville Enterprises will use commercially reasonable efforts to notify you of such revisions. You are responsible for checking the 'About' section of the Apps (or such other section where these Terms are located) for any updates or amendments to these Terms.

1.5.1 Your continued use of, or access to, the Apps and/or the Services following the posting of any changes to these Terms will be deemed to constitute acceptance of those changes. If you do not agree to any update to these Terms you must immediately cease using and accessing the Apps and the Services.
1.5.2 Your written approval is not a prerequisite to the validity or enforceability of these Terms (or any future updates or amendments thereto), and no solicitation of such written approval by or on behalf of Tigerville Enterprises shall be construed as an inference to the contrary.

1.6 In order to access and use the Apps and the Services, you must:

1.6.1 be at least 18 years of age or, if you are under 18 years of age, have the permission and supervision of a parent or legal guardian;
1.6.2 possess the legal right and ability to enter into a legally binding agreement with us;
1.6.3 agree and warrant to use the Apps and the Services in accordance with these Terms; and
1.6.4 have a registered account.

1.7 When you are at a participating Location site that permits the use of the Apps, you may only use the Apps and your mobile device while in your stationary vehicle that is switched off or inside the store.

1.7.1 You must not use your mobile device or the Apps while driving or refuelling your vehicle or outside your vehicle on the forecourt of the participating Location site.
1.7.2 Once you have replaced the dispensing hose / nozzle, you are welcome to open the Apps on your device inside your vehicle or in-store.

1.8 When you are at a participating Location site that permits the use of the Apps, you may only use the Apps and your mobile device while in your stationary vehicle that is switched off or inside the store.

1.8.1 provide updates, changes or amendments to the Apps or Services as Tigerville Enterprises sees fit to ensure proper operation of the Apps and any general enhancements that may be introduced; and
1.8.2 offer new services and features through, and in relation to, the Apps or Services, which will be subject to these Terms.

1.9 Future developments of the Apps may introduce new features and functionality, which may require you to update to the latest version of the Apps in order to access them.
1.10 The app is currently made available to you free of charge. We reserve the right, in our sole discretion, without any notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to:

1.10.1 modify, suspend, terminate, withdraw, or discontinue all or any part of the Services provided through the App without compensation of any kind whether monetary or not to you, including, but not limited to:
1.10.2 charge fees for upgrades to the App;
1.10.3 modify or waive any fees charged in connection with all or any part of the App; or
1.10.4 offer opportunities to some or all users of all or any part of the App.

1.11 You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the App, in whole or in part, or of any service, content, or feature offered through the App.
1.12 The Services are currently available to customers who are a resident of India, competent to contract as per the Indian Contract Act, 1872, with an active Indian mobile number, a smartphone and a valid e-mail address. The Services are not available to minors under the age of eighteen (18) or to any users suspended or removed from the App system by us for any reason whatsoever. Notwithstanding with the condition as mentioned above, if you are below the legal contractual age i.e. eighteen (18) years, please read through these Terms with your parent or legal guardian, and in such a case these Terms shall be deemed to be a contract between us and your legal guardian or parent and to the extent permissible under applicable laws, enforceable against you.

2.1 To access and use any App and the Services, you must provide us with accurate and complete information, as requested, in order to register an account on the relevant App. When you register on any of the Apps, Tigerville Enterprises will create an Account (unless you already have an existing Account). In order to register for an account, you will be required to provide details such as your full name, vehicle details, nominate a mobile phone number and an e-mail address through which Tigerville Enterprises can contact you in relation to the App and the Services. Your Account is associated with the e-mail address and/or the mobile number that you provide as part of the registration process, and is how Tigerville Enterprises identifies you when you interact with features of the Apps. You may be asked to verify your e-mail address or mobile number by following / clicking on the activation link sent to your e-mail address or mobile number, or alternatively, by verifying the OTP sent to your e-mail address or mobile number, as part of the process. Your use of certain features within the Apps (e.g. the Fuel Services, Charging / Battery Swapping Services and Shopping Basket Services), may require you tonominate a Payment Method (which may include credit card details) and link it to your registered account.
2.2 When you register and activate your account, you will be prompted to create a username and password. You are solely responsible for keeping this username and password secure and are responsible for all use and activity, including activity in breach of these Terms, carried out under your username.
2.3 You must notify Tigerville Enterprises immediately, and request cancellation or suspension of your account, if you become aware of any unauthorised use, or suspected unauthorised use, of your account or if the security of your account or information is compromised in any way, by contacting support@efuel.app. This may be due for example, to your mobile device being stolen or lost or your password becoming known to another person. Tigerville Enterprises will cancel or suspend your account within 2 business days after receiving notice from you in accordance with this clause.
2.4 Tigerville Enterprises is not liable for any loss suffered by you as a result of any unauthorised use of your account, unless such loss is incurred as a direct result of Tigerville Enterprises’ failure to cancel or suspend your account within 2 business days after you have given Tigerville Enterprises notice in accordance with clause 2.3.
2.5 You must ensure that you sign out from your account at the end of each session. We cannot be held and shall not be held liable for any consequential or other loss or damage whatsoever arising from your failure to comply with this requirement. However, on the contrary, you may be held liable for any losses incurred by us or any other third party vendor or visitor to the App resulting from any authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
2.6 You agree that:

2.6.1 you will not provide any misleading or false information to Tigerville Enterprises, or create an account for anyone other than yourself without that individual's and Tigerville Enterprises’ permission;
2.6.2 you will not create more than one account for each App in your individual personal capacity unless these accounts belong to different legal entities (e.g. personal vs business);
2.6.3 if Tigerville Enterprises disables your account, you will not create another one without Tigerville Enterprises’ permission;
2.6.4 you will keep your account and profile information (including your personal information) accurate and up-to-date;
2.6.5 you will not sell, trade or transfer your account to anyone else without Tigerville Enterprises’ prior written approval;
2.6.6 you will only log onto your App account on one device at any time; and
2.6.7 you will not share your password or let anyone else access your account via your login, or do anything else which might jeopardise the security of your account.

2.7 You are required to keep your accounts and profile information accurate, complete and updated at all times. Any account found to contain incorrect and/or outdated information will be liable to be suspended and the decision of Tigerville Enterprises in this regard shall be final.
2.8 You understand and agree that if we send you an SMS or e-mail but you do not receive it because your mobile number or e-mail registered with us is incorrect or out of date, blocked by your service provider, or you are otherwise unable toreceive such electronic communications, we shall be deemed to have provided the communication to you effectively. Please note that if you use a spam filter (or a similar junk filter) that blocks or re-routes SMSes or e-mails from senders not listed in your contacts or address book, you must ensure that the App SMSes or e-mails are marked as trusted or "not-spam", so that you will be able to view the communications we send to you.

3.1 Where the Location Services functionality has been activated for an App:

3.1.1 you may use the App to locate nearby Locations;
3.1.2 if you are near a participating Location, the App will indicate that you may use the Fuel Services, Charging / Battery Swapping Services and Shopping Basket Services at that Location; and
3.1.3 Tigerville Enterprises will be able to, via the App, obtain access to data about your location. If you do not want to enable Tigerville Enterprises (via the App) and its franchisees to access information about your location, you should immediately de-active the Location Services functionality, after which you will not be able to use the Location Services or other Services via the App.

4.1 To use EFUEL App, you must consent to Tigerville Enterprises accessing your location data by enabling location services on your mobile device’s operating system. When you activate (use/open) the App, based on the participating Location selected, you will be prompted to input the number of your fuel pump, charging slot or battery swap details at the participating Location. You will then be taken to a screen summarising the kind of fuel purchased, the quantity of the fuel purchased (or details of the charge used / battery swapped) and the total price of the Fuel / Charging / Swap Order, and allowing you to confirm your Payment Method. Please note:

i). It is your responsibility to ensure that, when using EFUEL App, you select the correct fuel pump number, charging slot or details of the battery swap. If you select and pay for the wrong pump number, you will not have paid for, and will remain liable for, the fuel that has been dispensed into your vehicle. Tigerville Enterprises is not liable for any error made by you in selecting or inputting incorrect details.
ii). It is your responsibility to ensure that, the dispensing hose / nozzle of your selected pump has been hung up correctly after fuelling is complete. The App will notify you when the selected pump has been hung up correctly when it displays the ‘‘Processing Payment" screen. If you do not see this screen, you will need to re-hang the hose / nozzle until that screen appears. If the selected pump has not been hung up correctly, and any person continues pumping fuel from your selected pump, any fuel dispensed will be charged to your nominated payment method.
iii). It is your responsibility to ensure that, you will remove your electric vehicle from a charging station promptly once it is charged and ensure that access to the charging station is cleared to allow other users to use the services. You may incur an idle fee for the time your electric vehicle remains parked in a charging stall after it has finished charging. To avoid idle fees, we recommend you monitor your electric vehicle while using a charging station and use the Apps to track the charge status.

4.2 Before using the Fuel Services or Charging / Battery Swapping Services you must choose, and link, a Payment Method to your account. You cannot use the Services unless your account has a linked Payment Method.
4.3 You acknowledge that it is your responsibility to accurately input the information required in clause 4.1 and to review and confirm the accuracy of any information contained in the Fuel / Charging / Swap Order before confirming your payment and that Tigerville Enterprises will have no liability to you in relation to any mistakes made by you in inputting or selecting this information.
4.4 Once you have confirmed your Fuel / Charging / Swap Order, your nominated Payment Method will be charged for your Fuel / Charging / Swap Order and Tigerville Enterprises will send a confirmation to your nominated e-mail address.
4.5 If your Payment Method is not approved, you will have to update your Payment Method in order to complete the payment or, alternatively, pay in person at the Location.
4.6 Where you use the Services in this clause 4, Tigerville Enterprises will be able to, via the App, obtain access to data about your location. You cannot use the Services unless you give Tigerville Enterprises consent to access your location data. If you do not want to enable Tigerville Enterprises (via the App), its merchant partners (or their franchisees) to access information about your location, you should immediately de-active the Location Services functionality, after which you will not be able to use the Location Services or the Fuel Services or Charging / Battery Swapping Services.
4.7 By using the Services, you acknowledge and agree that Tigerville Enterprises is not a bank and the Services should in no way be construed as the provision of banking services.

5.1 You can use the App to pre-order available food, drink or other items for pick-up at a nominated time from participating Locations.
5.2 When you activate the 'Pre Order' on the App, you will be provided with, and can choose from, a list of available items at the participating Location, and may choose a pick-up time for your selected items (Shopping Basket Order). You will then be taken to a screen where you may review and amend the details of your Shopping Basket Order, or cancel your Shopping Basket Order, at any time prior to confirming your Shopping Basket Order at checkout.
5.3 If you do not already have a Payment Method linked to your account, you will be prompted to choose, and link, a Payment Method to your account. You cannot use the Services unless your account has a linked Payment Method.
5.4 You acknowledge and agree that it is your responsibility to accurately input the information required in clause 5.2 and to review and confirm the accuracy of any information contained in the Shopping Basket Order before confirming your payment and that Tigerville Enterprises will have no liability to you in relation to any mistakes made by you in inputting or selecting this information.
5.5 Once you have confirmed your Shopping Basket Order at checkout, your nominated Payment Method will be charged for your Shopping Basket Order and Tigerville Enterprises will send you confirmation of your Shopping BasketOrder, including the contact details of the relevant Location, to your nominated e-mail address.
5.6 If your Payment Method is not approved, you will have to update your Payment Method in order to complete the payment or, alternatively, pay in person at the Location.
5.7 Tigerville Enterprises will communicate your Shopping Basket Order and the name nominated by you for your registered account to the relevant Location, in order to identify you when you are picking up your Shopping Basket Order.
5.8 Where you make use of the Shopping Basket Services at a participating Location, you acknowledge that Tigerville Enterprises only provides the Services as set out in these Terms, and does not prepare, or accept any liability for the availability, quality or preparation of the relevant items (including food or drink).
5.9 You acknowledge and agree that:

5.9.1 the provision of Shopping Basket Services is subject to the availability of the relevant food or drink item at the relevant Location, the operating hours of the Location and acceptance by the Location of your Shopping Basket Order;
5.9.2 Tigerville Enterprises, or it's merchant partners (or their franchisees), may refuse to process a Shopping Basket Order due to lack of stock, or for any other reason or refuse to provide the Services to anyone at any time at their sole discretion and that pursuant to clause 5.11, any amount paid by you relating to that Shopping Basket Order will be refunded;
5.9.3 Tigerville Enterprises does not warrant that you will find suitable items (including food or drink) for your specific taste, dietary, nutritional or other requirements on the App and that you are solely responsible for inspecting and verifying the items (including any ingredients) that may cause you, or any other person you place a Shopping Basket Order for, any allergic reactions (or similar kinds of harm), when using the Shopping Basket Services;
5.9.4 estimated times for the collection of Shopping Basket Orders are only estimates. While Tigerville Enterprises and its merchant partners (or their franchisees) will do their best to meet the estimated times, Tigerville Enterprises does not guarantee that Orders will be available for collection within the estimated times; and
5.9.5 to the extent permitted by Law, Tigerville Enterprises does not give any undertakings that the items (including food or drink) ordered through the Shopping Basket Services will be of satisfactory quality or suitable for your purpose and Tigerville Enterprises disclaims any such warranties.

5.10 Once you have confirmed your Shopping Basket Order and your payment has been processed, you will not be able to retract, cancel or modify the processed Order, unless:

5.10.1 Tigerville Enterprises or its merchant partners (or their franchisees) allow you to do so at their absolute discretion; and
5.10.2 the relevant Location has not commenced work on your Shopping Basket Order.

5.11 Tigerville Enterprises or a participating Location may reject or cancel a Shopping Basket Order for any reason whatsoever at any time at their sole discretion, including where (without limitation) the Shopping Basket Order items (including food or drink) are, or become, unavailable. If this occurs, the participating Location may, in its sole discretion, offer you alternate items(including food or drink) for the same price. If you are not offered, or do not accept such an alternative, any amount paid by you relating to that Shopping Basket Order will be refunded (either through a cash refund at the relevant Location, or by refunding you through your nominated Payment Method).
5.12 By using the Services, you acknowledge and agree that Tigerville Enterprises is not a bank and the Services should in no way be construed as the provision of banking services.

6.1 If you are not satisfied with the quality of any Services (or the products) provided through the App and wish to seek a refund or any other compensation, you should contact us through the 'Feedback' section of the App within 48 hours of placing your Order, providing details of why you require a refund or compensation. To the maximum extent permitted by Law, and without limiting clause 6.2, Tigerville Enterprises will assess the merits of each refund claim and will advise you of their decision within 30 days.
6.2 You will be entitled to a refund where your Shopping Basket Order was cancelled or refused by Tigerville Enterprises or a participating Location as set out in clause 5.11.
6.3 Without limiting clause 6.1, you will not be entitled to a refund for any uncollected Shopping Basket Order. Tigerville Enterprises will have no responsibility or liability relating to any unreasonable delay or failure on your part to collect a Shopping Basket Order, including any obligation to store an uncollected Order or for any loss or damage to an uncollected Order which may include perishable products.
6.4 If you make a product purchase but later return or exchange the item(s), we may deduct any Rewards you earned on that purchase.

7.1 Tigerville Enterprises accepts all Payment Methods listed in its Apps, as updated or amended from time to time. Tigerville Enterprises will not accept all payment facilities and/or cards and reserves the right to change, from time to time, the payment facilities and/or cards that may be linked to your account through the Apps. Tigerville Enterprises further reserves the right to disable any cards already linked to your account from being used within the Apps at any time and for any reason.
7.2 Where relevant, you authorise Tigerville Enterprises charging you for the provision of Services using your selected Payment Method.
7.3 Where any payment that you make is not authorised by your credit card or bank provider or otherwise, your Order will not be processed by, or communicated to, the relevant Location. Where your Payment Method is not authorised, you must either use a different valid and accepted Payment Method or pay for the relevant Services in person at the Location.
7.4 You will not be able to use a nominated Payment Method if it has expired, has been reported stolen by your bank or is no longer eligible for use in the Apps for any reason. You will be notified in the App if your nominated Payment Method has failed or is no longer able to be used.
7.5 If you submit any Order (including where your nominated Payment Method is a credit card) and your payment was authorised, but your Shopping Basket Order is subsequently rejected by the relevant Location (including as permitted by clause 5.11) or is otherwise cancelled under these Terms, your bank or card issuer or payment provider will refund the relevant amount of your Order. However, this refund may take between 3 to 5 Business Days (or longer, depending on your bank or card issuer or payment provider). You acknowledge and agree that neither Tigerville Enterprises nor its associated bodies corporate will be responsible or liable to you in relation to this delay by your bank or card issuer or payment provider in the release of funds back into your account.
7.6 If your nominated Payment Method is a Visa or Mastercard, you must keep your physical card with you at all times. EFUEL App is only available at participating locations and Tigerville Enterprises cannot guarantee that EFUEL App will be always available at all participating Locations.
7.7 If you have received fuel or utilised the charging or battery swap service and your payment has been declined or has been unsuccessful for any reason, you must pay in-store at the relevant location. If you fail to pay for the fuel dispensed or charging or battery swap service utilised, Tigerville Enterprises reserves the right to recover the relevant payment either directly or indirectly through a third party and may charge a recovery fee. In addition, Tigerville Enterprises may, at its discretion, block or suspend all other features and functions associated with your Account. Where your payment is declined by your nominated payment method, you will not earn any Rewards (where applicable) on the transaction, even after you have paid in-store.
7.8 You acknowledge that registering your Card on an App creates a digital instance of your physical Card. This means, for example, that if your physical Card is cancelled or suspended by the issuer, the digital Card registered on your App will also be cancelled or suspended and will no longer be able to be used. Also, if your nominated payment method is a physical credit or debit card, you must cancel your card if your device or your physical card is lost or stolen.
7.9 Tigerville Enterprises uses third party merchant facilities (including payment gateway providers) to process payments, who have their own separate terms and conditions and policies that you should refer to from time to time and keep yourself updated. Accordingly, Tigerville Enterprises is not responsible for, and does not have any control over, any third party merchant facilities. You acknowledge and agree that Tigerville Enterprises will not be liable for any loss or damage, whatsoever, arising out of your use of a third party payment facility or service. You should read and understand the terms and conditions of the third party merchant facilities and payment services before using them.
7.10 By enrolling for Credit Agreements mode of payment, you shall be required to seek approvals to the credit amount from the concerned participating Location. Each participating Location may have different terms for the credit, including but not limited to different interest rates, repayment options, usage methods etc. If you are allowed a credit by a participating Location, you may use the limit allowed by the participating Location and once the same is used, clear the pending dues and start using it again. You may also contact the participating Location to know their additional terms and conditions. For help of any kind or questions, if any, about the Credit Agreement terms, you may contact the concerned participating Location. The participating Location shall then decide upon your eligibility and if they deem you eligible, they may approve your Credit Agreement for an amount deemed fit. In the event when the participating Location agrees to provide you with credit, you shall have to accept the Credit Agreement located within the App and the same shall be valid between you and the participating Location. This acceptance of the Credit Agreement shall be considered mandatory for you to be able to use this feature of the application.
7.11 All prices and charges on the Apps shall be shown, and charged, in the local currency of the participating Location’s geographical location, and shall be inclusive of all applicable taxes (including GST where relevant). This may also include transaction fees (such as currency conversion charges etc.) depending on your choice of Payment Method used.

8.1 From time to time we may offer you a discount off (Discount) or promotional offer (Promotion) on the standard price of our Services and products, including but not limited to our Shopping Basket Services or Fuel Services or Charging / Battery Swapping Services, when using the Apps.
8.2 Your eligibility to receive a Discount or avail the Promotional offer will be subject to the terms and conditions set out in the offer communications and marketing material (Offer Terms).
8.3 The Discount or Promotion may only be applied to transactions at participating Locations during the period specified in the Offer Terms.
8.4 The Discount or Promotion may not be used in conjunction with any other offer, unless stated otherwise.
8.5 Tigerville Enterprises reserves the right to amend or terminate the Discount or Promotion at any time at their discretion without notice.

9.1 When using an App you may be assigned a unique referral code.
9.2 You may be eligible to receive a discount on your purchase made via an App (‘Referral Bonus’) if:

9.2.1 you share the App with another person (‘Referee’) who has never used the App and who then downloads the App;
9.2.2 the Referee registers a new account on the App and enters your referral code at the time of registration; and
9.2.3 the Referee makes a purchase via the App.

9.3 You will only receive a Referral Bonus if the Referee enters your referral code at the time of their registration.
9.4 The Referral Bonus cannot be used in conjunction with any other offer.
9.5 You must not use your Referral Bonus in or for paid promotions, including online advertising.
9.6 A Referral Bonus must not be transferred, exchanged or redeemed for cash.
9.7 You must only use the Referral Bonus for personal purposes.

10.1 You acknowledge and agree that the availability of each App is dependent on the third party from which you obtain the App (the App Store). Each App Store may have its own terms and conditions, which you agree to comply with, and the licence granted under clause 13.2 is conditional on your compliance with any such terms and conditions.
10.2 The Apps and the Services are made available to you for your use only. You must not, and must not permit or cause any third party to, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software products or Services contained within the Apps.
10.3 You must not:

10.3.1 access or use the whole or any part of the Apps or Services, except as expressly authorised by these Terms, or otherwise with the prior written consent of Tigerville Enterprises;
10.3.2 remove or obscure any proprietary notice (including any copyright, trade mark, service mark, tagline) or other notices contained in the Apps;
10.3.3 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
10.3.4 falsify or attempt to falsify or delete or attempt to delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded to the Apps for the purposes of providing services to their users;
10.3.5 circumvent any mechanisms in the Apps intended to limit your use of, or access to, areas within or components of the Apps;
10.3.6 make the Apps available over a network where they could be used on multiple devices at the same time;
10.3.7 vary, alter, modify, merge, interfere with, reverse disassemble, decompile or reverse engineer, or otherwise seek to obtain or derive the source code from, the whole or any part of the Apps, except as permitted by Law;
10.3.8 solicit the login information or access an account belonging to another user;
10.3.9 use any deep-link, 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 Apps or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Apps, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Apps; or
10.3.10 use any data mining, gathering or extraction tools in connection with the Apps or Services, without Tigerville Enterprises’ prior written consent;
10.3.11 facilitate or encourage any violations of these Terms; or
10.3.12 threaten or attempt to threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with any foreign state, or public order or cause incitement to the commission of any cognizable or non-cognizable offence or prevent investigation of any offence or is demeaning any other nation;
10.3.13 do anything Tigerville Enterprises reasonably considers to be inappropriate, underhand, disreputable or capable of damaging its reputation or that of its related bodies corporate.

10.4 You must not access or use the Apps or Services, or host, display, upload, modify, provide, publish, transmit, update or share any information, data or Content in any way that:

10.4.1 violates or infringes the rights (including, without limitation, any Intellectual Property Rights whether registered, non-registered, applied for patent, trademark, copyright, or other proprietary rights) of Tigerville Enterprises or its merchant partners (or their franchisees), or other third parties;
10.4.2 is harmful, unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, hateful, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another's privacy or constitutes a breach of any other of the legal rights of individuals in any manner;
10.4.3 includes personal or identifying information about another person without that person's consent;
10.4.4 is false, misleading, or deceptive;
10.4.5 violates these Terms or any policy posted in the 'About' section, or elsewhere, in the Apps;
10.4.6 contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (including mobile devices) or other property, or otherwise permit the unauthorised use of or access to a computer or computer network;
10.4.7 is detrimental to, or in violation of, Tigerville Enterprises’ systems, or a third party's systems or network security;
10.4.8 interferes with the use of the Apps or Services by other users; or
10.4.9 could damage, disable or impair the servers or networks used by the Apps, Services or other users.

10.5 Tigerville Enterprises may, at any time without prior notice, restrict, block, suspend or disable access, edit and/or remove some parts of any App, or the entire App or Services, including any material which in Tigerville Enterprises’ reasonable opinion may give rise to a breach, or be in violation of these Terms or any Law, or which Tigerville Enterprises considers in its absolute discretion might be otherwise harmful.
10.6 To collect Rewards points on fuel, charging or battery swap and instore purchases at participating Locations via the App, you may need to successfully link your App to your Rewards account. You acknowledge that you are bound by the terms and conditions of the relevant Rewards Program.

11.1 These Terms commence when you agree to them (either by clicking 'I agree' or ‘I accept’ when you first access and/or use any of the Apps in accordance with clause 1.2) and will continue in full force and effect until terminated in accordance with the remainder of this clause 11.
11.2 You can terminate these Terms for any reason at any time by notifying us of your intention to terminate by e-mailing us at support@efuel.app. Tigerville Enterprises will disable your account for that specific App within 30 days of your notification.

11.2.1 If you choose to close your account (including by terminating these Terms), you will forfeit any Rewards or Offers that you have not redeemed before the closure.
11.2.2 Following any termination or closure, you will remain responsible for any and all unpaid fees and charges associated with your Account. If such unpaid fees and charges are not promptly paid out, you may become liable for additional service charges, fees or penalties, and you may be subject to collection actions for any unpaid balance.

11.3 FTigerville Enterprises may terminate these Terms at any time by providing 30 days' prior written notice of Tigerville Enterprises’ intention to terminate, to the e-mail address provided when you registered or as updated by you, or by anyother suitable means which will enable you to take notice of the termination. If Tigerville Enterprises suspends or terminates your account, you are not permitted to create a new account to circumvent the suspension or termination.
11.4 If:

11.4.1 you breach any provision of these Terms; or
11.4.2 you have clearly demonstrated (regardless of whether directly or through your actions or statements or otherwise) that you do not intend to comply with these Terms; or
11.4.3 without limiting clause 11.4.2, you fail to make any payment due under these Terms or for the Services, Tigerville Enterprises may immediately and without notice to you:
11.4.4 restrict your ability to earn and/or redeem Rewards, including resulting in forfeiture of your Rewards;
11.4.5 terminate these Terms or suspend your access to all or any part of the Apps and/or the Services; and
11.4.6 prevent your further access to all or any part of the Apps and/or the Services.

11.5 Upon termination of these Terms you shall cease all use of the Apps (or, where relevant, any particular App) and Services and Tigerville Enterprises reserves the right to delete or deactivate your account and all data provided by you or about you at any time without cause or without notice to you.
11.6 Your deletion of the App or termination of these Terms does not make it mandatory for us to not save your information in accordance with our Privacy Policy for a period that we think is necessary to either provide better services to other users or for any other legal obligation that exists or may arise from time to time.
11.7 If these Terms are terminated pursuant to clause 11.3 or if you choose not to accept any revised Terms, Tigerville Enterprises may (but isn’t required to) allow you to back up data stored by Tigerville Enterprises through the Apps in order to make it easier for you to access your account details if and when you subsequently decide to agree to the Terms in the future. If Tigerville Enterprises does permit you to back up your data, you understand that Tigerville Enterprises may delete or de-identify such data after a reasonable period has elapsed.
11.8 Without limiting any other provision of these Terms, clauses 2, 8, 9, 13, 14, 15, 16, 17, 18, 19, 21 and 22, this clause 11 and any other clauses which should by their nature survive termination of these Terms, will survive termination or expiration of these Terms for any reason whatsoever, including, without limitation, ownership provisions, indemnities and limitations of liability.
11.9 Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

12.1 Customer support is very important to us. Subject to the disclaimers set out in clause 19, Tigerville Enterprises’ customer support team will try to assist you, where possible, with any problems or questions you have with your Order, or any complaints regarding the Services or the Apps. You can contact our customer support team by e-mailing support@efuel.app.
12.2 If you would like to express your opinion on the quality of any products (including in-store items, food or drinks), the Apps or the Services, please provide feedback by e-mailing support@efuel.app.

13.1 The Apps (including, without limitation, any material, software, code, files, content, and images contained in or generated by the Apps, accompanying data and other embedded software, including third-party software (collectively, 'our content')), the updates and upgrades, and documentation and accompanying fonts (collectively, 'our documentation') - whether in read-only memory, on any other media, or in any other form - are owned by Tigerville Enterprises or its licensors and are protected by applicable law, including copyright, trademark. Neither title nor any intellectual property rights are transferred to you, and they remain with us, or the relevant third party, which owns full and complete title to the App, Content, updates and upgrades, and documentation. Tigerville Enterprises reserves all the rights granted to you, and except as provided in these Terms, the rights granted herein are limited, revocable, non-transferable, non-exclusive, non-sublicensable and do not include any intellectual property rights.
13.2 The trademarks, logos and service marks displayed on the App ('Marks') are the property of Tigerville Enterprises. The logos and services as provided by the vendors/vendor as displayed on the app have intellectual property rights attached to them and are owned by the respective Vendor/s. You are not permitted to use the Marks without the prior consent of Tigerville Enterprises, the vendor/vendor or the third party that may own the Marks.
13.3 Unless as stated on the app as otherwise, indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Tigerville Enterprises owns all intellectual property rights to and into the trademark 'EFUEL App', and the App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, logos, utility models, designs, know-how, trade secrets, goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks.
13.4 You acknowledge and agree that Tigerville Enterprises owns or licences from third parties all rights, title and interest (including Intellectual Property Rights) in the Apps and the Services, including in any improvements to the Apps and the Services, and including as they may incorporate any suggestions, ideas, information, comments, process descriptions or other information that you provide to Tigerville Enterprises from time to time (Feedback). Nothing in these Terms is intended to transfer such right, title or interest to you and all rights of ownership over and in respect of the Apps or any Rewards will remain solely with Tigerville Enterprises and/or its licensors (as the case may be).
13.5 Subject to your compliance with these Terms, Tigerville Enterprises grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable, royalty free licence to install, view, use and access the Apps and associated Services during the Term in India solely for your legitimate personal purposes (which excludes seeking to commercialise the Apps or Services) subject to these Terms and as authorised by Tigerville Enterprises or (where applicable) our third party licensors. This specifically excludes the App software source code.
13.6 These Terms do not grant you any rights to use Tigerville Enterprises’ proprietary interfaces and other intellectual property in the design, development, manufacture, licensing for use with the Apps. Any use of the Apps in any manner not allowed under these Terms, including, without limitation, resale, transfer, modification, or distribution of the Apps or copying or distribution oftext, pictures, music, video, data, hyperlinks, displays, and other content provided by the Apps is prohibited.
13.7 You may from time to time provide us with Feedback, including (without limitation) in accordance with clause 12. You absolutely and unconditionally assign to Tigerville Enterprises all rights, title and interests (including all Intellectual Property Rights) in and to any Feedback immediately upon creation, free of all encumbrances and third party rights and you must at your own cost do all things necessary to give effect to such assignment, including executing any required documents or effecting any required registrations.
13.8 You acknowledge and agree that without limiting clause 16, Tigerville Enterprises has the right to use, create derivative works of, distribute and otherwise commercially exploit anonymous, aggregate usage data derived from any Data.
13.9 You acknowledge and agree that Tigerville Enterprises intends to use and/or aggregate the Data in conjunction with other information collected or obtained by Tigerville Enterprises, and you agree that Tigerville Enterprises is permitted to disclose Data and Derivative Materials to any third party in its sole discretion and make full use of, commercialise and exploit the Data for those purposes.

14.1 Tigerville Enterprises may use third party services, software and applications to provide the Apps, including for example, but not limited to, third party payment services, market intelligence, live chat, mail marketing services, analytics software etc., all of which may gather and report information about you in connection with your use of the Apps (such as Device Information and User Content). It is your responsibility to ensure that you comply with any related third party terms and conditions and that you are aware of any third party privacy policies that may apply to you, in conjunction with these Terms. By using the Apps and Services you are agreeing to Tigerville Enterprises’ use of these third party services, software and applications, and their applicable licences, terms and conditions and other policies.
14.2 Further, the Content in the Apps and on our website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. The Apps and/or Services may also contain links to third party applications, websites etc., such as Google Maps, services or advertisements for third parties (Third Party Content). Those sources and links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, Tigerville Enterprises does not endorse and is not responsible for any Third Party Content, products or services and has no control over, or rights in, any Third Party Content, products or services.
14.3 Your use of such other sites, applications, or content is subject to the terms of use, if any, governing the use of such sites, applications, or content. Tigerville Enterprises is not able to control these third party sites, applications, or content, and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between these Terms and any terms or notices set forth with respect to any sites, applications, or content provided by any third parties, then the terms of such third party sites, applications, or content will control your use of such sites, applications, or content. Please review the terms of use and policies for each third party provider of sites, applications, or contentso that you understand all of the terms that will apply. By using the Apps, you expressly relieve Tigerville Enterprises from any and all liability arising from your use of any third-party sites, applications, or content.

15.1 Subject to clause 15.2, you must not disclose, or use for a purpose other than those required by these Terms, any Confidential Information of Tigerville Enterprises or any related body corporate.
15.2 Notwithstanding clause 15.1, you may disclose the Confidential Information of Tigerville Enterprises:

15.2.1 to Tigerville Enterprises and/or (where applicable) Tigerville Enterprises franchisees;
15.2.2 in enforcing these Terms or in a proceeding arising out of or in connection with these Terms;
15.2.3 if required under a binding order of a Governmental Agency or under a procedure for discovery in any proceedings;
15.2.4 if required under an Law or any administrative guideline, directive, request or policy whether or not having the force of Law;
15.2.5 to your legal or professional advisors, where such persons have a need to know such information in connection with these Terms; or
15.2.6 with the prior written consent of Tigerville Enterprises.

16.1 Tigerville Enterprises collects personal information about you in accordance with our Privacy Policy, which is available at www.efuel.app/privacy-policy or through the 'Privacy Policy' tab in the About section of the App. Tigerville Enterprises will (and will procure that its related bodies corporate will) handle your personal information in accordance with these Terms and our Privacy Policy. Tigerville Enterprises may update its Privacy Policy from time to time, so you should periodically review the Privacy Policy. By providing your personal information to us (including through your use of our website and the Apps), you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms.
16.2 Tigerville Enterprises’ merchant partners (or their franchisees) also collect and use your personal information in order to provide you the Services envisaged under these Terms. Their privacy policies are generally available on their respective websites. Accordingly, Tigerville Enterprises is not responsible for, and does not have any control over the collection, use, storage, access, disclosure or handling otherwise of your data by its merchant partners (or their franchisees). You acknowledge and agree that Tigerville Enterprises will not be liable for any loss or damage arising out of any collection or use of your information by these merchant partners (or their franchisees). You should read and understand the privacy policies of our merchant partners (or their franchisees) to ensure that you are familiar and agree with their information handling practices, before using the Services envisaged under these Terms.
16.3 Tigerville Enterprises collects your personal information, including personal information provided when registering your account, your credit card or other payment information, your location information, information regarding your interaction with the Apps and the Services, your settings, and informationcontained in third party queries and feedback in connection with your use of the Apps or the Services, in order to:

16.3.1 provide you with, and improve and enhance, the Apps and the Services, including (where relevant, but without limitation) to find your nearest Location(s) and (where applicable) process payments from and to your nominated Payment Method;
16.3.2 register, administer and maintain your account;
16.3.3 provide you with personalised recommendations and advertisements for Tigerville Enterprises and third party products and services; and
16.3.4 for other purposes referred to in these Terms, our Privacy Policy and for other related purposes. If you do not provide this personal information, Tigerville Enterprises may not be able to permit you to hold an account or provide you with access to some or all of the relevant App or some or all of the Services.

16.4 You acknowledge that making available carefully selected products and services on or via the Apps for you to view and potentially acquire is an integral part of the Apps and the Services. You consent to Tigerville Enterprises making such products and services available to you in this way and you acknowledge that Tigerville Enterprises may use and disclose your personal information to offer you products and services (including those made available on or via the App) that Tigerville Enterprises believes may interest you.
16.5 Tigerville Enterprises may disclose your personal information to third parties, including but not limited to, its merchant partners (or their franchisees), third party merchant facility providers, third party order platform providers, information technology providers, third party suppliers and other parties in order to provide the Apps and the Services, verify transactions to reduce fraudulent transactions, and for any other purposes set out in the Privacy Policy or these Terms. Specifically, as an example, the Apps incorporate a Google product called Google Maps API for Business or 'Google Maps'. This product helps end users like yourself to locate our participating Locations using the App, and may also provide other features and services. The way it works, generally, is that the EFUEL App will send Device Information and, in some instances, user Content, including information about your location, to Google (including cached data). Google will then be able to display, through the EFUEL App, nearby, favourite and frequently visited Locations. Google may use the information we provide through the EFUEL App in various ways. To understand how Google may use that information, please make sure you read Google’s Privacy Policy. By using the Google Maps features, you are agreeing to the Google Privacy Policy, which is different from EFUEL's Privacy Policy. For the avoidance of doubt, by using the Google Maps features you affirmatively accept and consent to: (1) all of Google’s terms and conditions, (2) Tigerville Enterprises’ use and incorporation of Google Maps into the Apps, and (3) Tigerville Enterprises’ acceptance of the Google terms outlined herein and elsewhere. If at any point in time you decide you do not wish to consent to any of the above Google terms, you must uninstall the App immediately. There is no other way to revoke or opt out of the Google Maps functionality and its associated terms, restrictions, and data privacy implications.
16.6 We may also disclose your personal information to our related entities, our merchant partners (or their franchisees), or to other trusted business partnersso that they can tell you about their products and services, and to other companies who assist us to market our products and services. If you do not want to receive marketing communications from us, please refer to our Privacy Policy on how you can request to opt-out.
16.7 Any disclosure of personal information made by Tigerville Enterprises may include disclosure to third parties located outside the country where the personal information was collected. You acknowledge that by giving consent to the disclosure of your data to these overseas recipients, Tigerville Enterprises will not have an obligation, under the privacy laws of the country where the personal information was collected, to take reasonable steps to ensure that those overseas recipients do not breach such privacy laws in relation to that information. However, where practicable in the circumstances, Tigerville Enterprises will take reasonable steps to ensure that overseas recipients use and disclose such personal data in a manner consistent with these Terms and our Privacy Policy.
16.8 Our website and mobile applications may contain hyperlinks to websites or content that are not operated by us but by third parties. These hyperlinks are provided for your reference and convenience only and may not remain current or be maintained. They do not imply our endorsement of the activities of such third-party websites or any association with their operators. Unless expressly stated otherwise, we do not accept any responsibility or liability for the content of such third party websites or third party terms and conditions or policies.

17.1 You represent and warrant to Tigerville Enterprises that:

17.1.1 you will comply with all applicable Laws in your performance of your obligations under these Terms, and will not infringe any Law or the rights of any third party; and
17.1.2 where relevant, you will not use, or attempt to use, the Apps to avoid paying for Order items (including food or drink), at participating Locations.

18.1 You will defend, hold harmless and indemnify Tigerville Enterprises, its merchant partners (or their franchisees) and their affiliated or associated personnel (Indemnified Parties) from and against any and all Loss suffered or incurred by them arising out of or in connection with:

18.1.1 any data (including personal information) disclosed by you in connection with these Terms or our Privacy Policy; or
18.1.2 a breach by you of these Terms.

18.2 You acknowledge and agree that Tigerville Enterprises has been irrevocably appointed to act as sole and exclusive agent of these Indemnified Parties for the purpose of recovering (whether through court proceedings or otherwise) the Losses of the Indemnified Parties and enforcing the indemnities.
18.3 To the maximum extent permitted by Law, including the Indian consumer laws:

18.3.1 in no event will Tigerville Enterprises, nor its directors, officers, employees, agents, partners or any other party involved in creating, producing or delivering the Apps or your Account (and the Services available through them) or the Rewards, be liable under contract, tort (including negligence) or otherwise under or in connection with these Terms and/or your use of orinability to use any aspects or features of the App, your Account, or Rewards or the services available through them; and
18.3.2 this applies without limitation, for any Consequential Loss; and
18.3.3 where the goods or Services supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Tigerville Enterprises’, and where applicable its merchant partners (or their franchisees)' liability, for breach of any guarantee (other than liability for guarantees as to title, undisclosed securities and undisturbed possession in relation to goods supplied to you, which we cannot limit) is limited to doing one or more of the following:
i). in the case of goods
a). the replacement of the goods or the supply of equivalent goods;
b). the repair of the goods;
c). the payment of the cost of having the goods repaired; and
ii). in the case of services:
a). the supply of the services again; or
b). the payment of the cost of having the services supplied again
18.3.4 Tigerville Enterprises, and where applicable its merchant partners (or their franchisees)', liability as set out in clause 18.3.3 cannot be limited in the manner described if you establish that it would not be fair or reasonable for Tigerville Enterprises to do so.
18.3.5 Except as provided in clause 18.3.3, nothing in this agreement purports to exclude, restrict or modify rights which you have under the Indian consumer laws in respect of the consumer guarantees.

18.4 Except to the extent that Tigerville Enterprises are directly and solely responsible for such Loss caused by its gross negligence or fraud or wilful breach of its obligations under these terms, Tigerville Enterprises will not be liable for any loss, damage or physical or mental harm or inconvenience to you or your vehicle; including without limitation any indirect, incidental, special or consequential or punitive loss or damage; loss of profits or anticipated profits; economic loss; loss of business opportunity; loss of data; loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) – irrespective of the manner in which it occurs – which may be suffered due to:

18.4.1 your use of the Apps and the Services;
18.4.2 any inaccessibility or unavailability of the Apps or the Services;
18.4.3 the fact that certain information or materials contained on the Apps are incorrect, incomplete or not up-to-date;
18.4.4 any loss or corruption of any data submitted, uploaded, input, or otherwise displayed on the Apps by or about you; or
18.4.5 the inability of the Apps to operate independently or in combination with any other hardware, software, system or data.

18.5 The security of your personal information is important to Tigerville Enterprises and it takes reasonable steps to ensure that the personal information it holds is secure. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of personal information. Nothing in our Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable laws and regulations.
18.6 Subject to this clause 18, to the maximum extent permitted by law, you agree that the maximum aggregate liability of Tigerville Enterprises for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of INR 1000 (one thousand only).
18.7 You will indemnify Tigerville Enterprises (including its related bodies corporate) against any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against us by any other person as a result of unauthorised access to your Account and/or your use of Rewards and/or the Apps in breach of these Terms.
18.8 You acknowledge that the Rewards program and the Apps are provided at no charge and accordingly the exclusions of liability and the above indemnity set out in this section are fair and reasonable.
18.9 In respect of the Apps, to the extent permitted by law, the provisions of the Consumer Protection Act, 2019 will not apply where you use the Apps for the purpose of a business, and all other warranties, consumer guarantees and conditions whether express, implied or statutory with respect to the Apps and the provision of the benefits and services provided through the Apps are excluded to the maximum extent permitted by law.

19.1 You acknowledge and agree that, to the maximum extent permitted by Law, including the Indian consumer laws:

19.1.1 the Apps and the Services are made available "as is" and Tigerville Enterprises makes no warranties or representations about the Apps or the Services, including but not limited to warranties, conditions or representations (whether express or implied) that they will be accurate, current, reliable, timely, available, complete or of a certain quality, fit for any particular purpose or that any data submitted, uploaded, input into, or otherwise displayed on the Apps will not be lost or corrupted, or that the App is free from defects, bugs, viruses, errors or omissions, or other harmful components, or that the App will operate in combination with any other hardware, software, system or data;
19.1.2 you are solely responsible for the accuracy and currency of any information that you input into the Apps or otherwise make available to Tigerville Enterprises and its merchant partners (or their franchisees), and that Tigerville Enterprises will not be liable for any Loss caused by inaccurate information;
19.1.3 while Tigerville Enterprises tries to ensure the Apps are available twenty four (24) hours a day, Tigerville Enterprises is not under any obligation to do so, and Tigerville Enterprises will not be liable to you if an App is unavailable, or if your access is restricted, suspended or terminated at any time or for any period due to any reason whatsoever. The Apps may be subject to delay or downtime, and your access to the Apps or Services may be restricted to allow for repairs, maintenance or the introduction of new Services or features. Tigerville Enterprises will not be liable to any person or entity for loss or damage incurred by any downtimes or disruption to the Services under this clause, including due to any software or hardware operated by you or any third party;
19.1.4 while Tigerville Enterprises will implement reasonable controls and measures to ensure your account and personal information is secure, however cannot guarantee that it will always be available, secure, free from bugs, viruses, malicious code (or the like regardless of the source of origination) or error- free, or that our security measures will never be breached. By using the Apps and / or Services you acknowledge and accept this risk (including that of the loss, inappropriate disclosure or other mis-use of your personal information), and that Tigerville Enterprises will not be liable for any consequential loss or inconvenience;
19.1.5 Tigerville Enterprises shall not be responsible for any misuse of your account arising from any wrong, inadvertent or other kind of disclosure of any account related or your personal details by you;
19.1.6 your telephone calls and other notices and communications you provide to us may be monitored and recorded for training and quality control purposes. We may, and you agree and authorize us to, monitor, record, retain and reproduce your telephone calls and any other notices and communications you provide to us, regardless of how they were transmitted to us, as evidence of your authorization to act in connection with the Apps and Services and any payment method or any payment processing program associated with us. We will not be liable to you or any third party for any losses or damages that are incurred as a result of these actions. We are not under any obligation to monitor, record, retain or reproduce such items, however, unless required to do so by applicable law; and
19.1.7 all warranties, representations or endorsements, express or implied, with regard to the Apps and the Services, including all implied warranties of merchantability, fitness for a particular purpose, or non-infringement are excluded from these Terms.

19.2 Tigerville Enterprises does not accept any liability in relation to any third party content, materials or services available through the Apps or your Account.
19.3 Tigerville Enterprises has no obligation to monitor your access to or use of the Apps or Services but has the right to do so for the purpose of ensuring your compliance with these Terms or to comply with applicable Law or an order or requirement of a court or Governmental Agency.
19.4 Tigerville Enterprises may make changes to the material on the Apps or to the Services, products and prices described on it, at any time without notice. Where this change will materially alter the Apps or Services, Tigerville Enterprises will provide you with notice of such changes, where practicable.
19.5 Some features of the Apps may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the Apps or Services may require access through your mobile network, which may result in additional charges depending on your payment plan. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.
19.6 Tigerville Enterprises will never send you e-mails or call you asking for confidential details of your account / Debit or Credit Card details / PIN / Password / OTP / URN or personal details such as date of birth, mother's maiden name, PAN No, Aadhaar Card No. etc. Beware of anyone asking you for such information on behalf of Tigerville Enterprises through e-mails or phone calls. Please do not provide your bank account or credit or debit card details to e-mails offering a job or any service or claiming that you have won a lottery oropen attachment of mails from unknown email id. While it is our endeavour to provide you with the best of online services and facilities, Tigerville Enterprises is not responsible for any erroneous transactions made by you.
19.7 The Fuel / EV charging / Battery swapping charges mentioned in the Apps, web portal etc. may sometimes be indicative (especially where the participating location is not our registered merchant partner (or their franchisee)). Although efforts are made to update the price changes whenever it happens, however, the prices as displayed on dispensing / charging / swapping unit at the time of transaction will be final and binding. No claims of whatsoever nature will be entertained on any price difference.

20.1 Neither party may commence any court or arbitration proceedings relating to a Dispute unless it has complied with the provisions of this clause 20, except to seek urgent interlocutory relief.
20.2 A party claiming that a Dispute has arisen must promptly notify the other party in writing by giving details of the Dispute. The parties must use reasonable endeavours to resolve any Dispute.
20.3 If the parties are not able to resolve the Dispute in accordance with clause 20.2 within 20 Business Days from the date of notification, either party may immediately refer the Dispute to mediation and the parties will use reasonable endeavours to resolve the Dispute. Each party must bear its own costs in relation to complying with this clause 20, except for the costs and expenses of the mediation, which will be borne by the parties equally.
20.4 You and Tigerville Enterprises agree to settle any claims arisen through arbitration as per provisions of the Arbitrators & Conciliation Act, 2015, by an arbitrator appointed by us.

21.1 Further assurances: Each party agrees to do all things and execute all deeds, instruments, transfers or other documents as may be necessary or desirable to give full effect to the provisions of these Terms and the transactions contemplated by it.
21.2 Entire agreement: These Terms contain the entire agreement between the parties with respect to its subject matter. It sets out the only conduct, representations, warranties, covenants, conditions, agreements or understandings (collectively Conduct) relied on by the parties and supersedes all earlier Conduct by or between the parties in connection with its subject matter. None of the parties has relied on or is relying on any other Conduct in entering into these Terms and completing the transactions contemplated by it.
21.3 No waiver: No failure to exercise or delay in exercising any right, power or remedy under these Terms operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
21.4 No merger: The rights and obligations of the parties will not merge on the completion of any transaction contemplated by these Terms. They will survive the execution and delivery of any assignment or other document entered into for the purpose of implementing a transaction.
21.5 Severability: Any provision of these Terms which is found unlawful, void, prohibited or unenforceable in any jurisdiction by a court based upon any written decree, is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
21.6 Governing law and jurisdiction: These Terms and, to the extent permitted by law, all related matters including non-contractual matters, are governed by the laws prevalent in India from time to time, and are intended to apply to residents of India who are over 18 years old and capable of entering into a legally binding contract. In relation to such matters each party irrevocably accepts the non- exclusive jurisdiction of courts with jurisdiction there and waives any right to object to the venue on any ground.
21.7 Assignment: You must not transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of your rights or obligations arising under these Terms, without Tigerville Enterprises’ prior written consent. Tigerville Enterprises may transfer, assign, charge, sub-contract or otherwise deal with these Terms, or any of its rights or obligations arising under these Terms, at any time during the Term.

22 The following definitions apply, unless the context requires otherwise:

“Account” means the internal account that Tigerville Enterprises uses to identify you. You need a Tigerville Enterprises Account to use features of the Apps and participate in any Rewards. An Account holder that uses the App/s or participates in any Rewards is the individual holder of an Account and is also referred to in these Terms as ‘you’ and ‘your’.
Apps means applications offered by Tigerville Enterprises, including but not limited to the EFUEL App and the EFUEL Station App.
App Store has the meaning given to that term in clause 10.1.
Indian consumer laws means the law set out in the Consumer Protection Act, 2019.
Business Day means a weekday on which banks are open in New Delhi.
Card has the meaning given to that term in clause 7.6
Conduct has the meaning given to that term in clause 21.2.
Confidential Information means all information of a confidential nature, in any form whether tangible or not and whether visible or not, disclosed or communicated by you or Tigerville Enterprises, or learnt or accessed by, or to which you or Tigerville Enterprises are exposed as a result of entering into these Terms and includes, without limitation, any information and material concerning the contractual or commercial dealings, financial details, products or services (current or proposed) , customers, employees, internal policy, the Intellectual Property Rights of you or Tigerville Enterprises or dealings under these Terms.
Consents means any licences, clearances, permissions, certificates, permits, authorities, declarations, exemptions, waivers, approvals or consents.
Consequential Loss means:
a). loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, or loss of business; and
b). any loss, not arising naturally (that is according to the usual course of things), from the relevant breach, whether or not such loss is reasonably supposed to have been in the contemplation of both parties, at the time they made these Terms, as the probable result of the relevant breach.
Credit Agreement means the credit limit (revolving or otherwise) arrangement sought by you directly with the concerned participating Location (including any associated terms and conditions such as time limits, interest rates, minimum repayment amounts, repayment options, usage methods etc.) and as agreed within the App.
Data means data (excluding personal information) that you input into the App or provide to Tigerville Enterprises, its merchant partners (or their franchisees) or the personnel of either by any other means or that is otherwise obtained by or on behalf of Tigerville Enterprises, Tigerville Enterprises, its merchant partners (or their franchisees) or the personnel of either via the App or by any other means.
Derivative Materials means materials, data and insights derived or created by or on behalf of Tigerville Enterprises, its merchant partners (or their franchisees) or the personnel of either in accordance with clause 13.6, which are based on, or created or derived from, the Data.
Discount has the meaning given to it in clause 8.1.
Dispute means a dispute between the parties arising out of or in connection with these Terms.
Feedback has the meaning given in clause 13.1.
Shopping Basket Order has the meaning given in clause 5.2
Shopping Basket Services means the services described in clause 5.1. “Fuel Order” has the meaning given in clause 4.2.
Fuel Order has the meaning given in clause 4.2.
Charging / Swap Order has the meaning given in clause 4.2.
Fuel Services means the services described in clauses 4.1 and 4.2.
Charging / Battery Swapping Services means the services described in clauses 4.1 and 4.2.
Governmental Agency means any government or any governmental, semi- governmental or judicial entity or authority. It also includes any self-regulatory organisation established under statute or any stock exchange.
Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semi-conductor or circuit layout rights, trade, business, domain or company names, moral rights, rights in
Confidential Information know how or other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
Law means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles, requirements and determinations, mandatory codes of conduct, writs, orders, injunctions and judgements.
Location means a site or store run by Tigerville Enterprises or its merchant partners (or their franchisees) where the App Services are available.
Location Services means the services described in clause 3.
Loss means any claim, loss liability, cost or expense (including legal expenses on a full indemnity basis).
Offer Terms has the definition given to it in clause 8.2.
Order means a Shopping Basket Order and/or a Fuel / Charging / Swap Order, as applicable.
Payment Method means the payment methods offered by Tigerville Enterprises through the App at checkout, including payment by credit card, as may be updated or amended from time to time.
Privacy Policy means the privacy policy of Tigerville Enterprises available at www.efuel.app/privacy-policy and/or through the 'Privacy Policy' tab in the About section of the App, as amended from time to time.
Services means any or all of the Shopping Basket Services, Fuel Services and/or Location Services, as applicable.
Term means the period described in clause 11.1.
Third Party Content has the meaning given to that term in clause 14.

23.1 If you have any questions, queries or complaints you can contact us by emailing us at support@efuel.app.
23.2 If you have any privacy concerns, complaints or queries about the way Tigerville Enterprises collects, processes or handles your personal information, you can contact our Privacy Officer by e-mail support@efuel.app.

The following rules apply unless the context requires otherwise:
24.1 headings are for convenience only and do not affect interpretation;.
24.2 the singular includes the plural, and the converse also applies;.
24.3 nothing in these Terms is to be interpreted against a party solely on the ground that the party put forward these Terms or a relevant part of it;.
24.4 if a word or phrase is defined, its other grammatical forms have a corresponding meaning;.
24.5 a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;.
24.6 a reference to a clause is a reference to a clause of these Terms;.
24.7 a reference to an agreement or document (including a reference to these Terms) is to the agreement or document as amended, supplemented, novated or replaced, except to the extent prohibited by these Terms or that other agreement or document;.
24.8 a reference to a party to these Terms or another agreement or document includes the party's successors, permitted substitutes and permitted assigns (and, where applicable, the party's legal personal representatives);.
24.9 a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;.
24.10 a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in visible or tangible form;.
24.11 a reference to conduct includes an omission, statement or undertaking, whether or not in writing;.
24.12 a reference to an agreement includes any undertaking, deed, agreement and legally enforceable arrangement, whether or not in writing, and a reference to a document includes an agreement (as so defined) in writing and any certificate, notice, instrument and document of any kind; and.
24.13 mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be included..
Purchases of the below are excluded:.

smoking/tobacco products and accessories;
alcohol and other beverages containing alcohol
gift cards (including iTunes and fuel vouchers);
pre-paid mobile telephones, mobile recharge and pre-paid mobile phone cards;
lottery products;
tolls, travel cards and public transport tickets or cards;
cash outs;
delivery charges;
internet cafes;
postal or other parcel locker services;
any “click and collect” or "home delivery" services provided for products supplied from a participating Location;
any money transfer services;
any other item not sold or paid for through the main point of sale transaction terminal at the participating Location (including coin operated carwashes or vacuum cleaners and any associated workshops); and
purchases from any third-party businesses operating within the participating Locations.

We may vary the list of what is included or excluded from time to time and, if we do, we will update these Terms.
Fill / charge limits may apply to the use of discounts offered.

Terms Of Use

General

Registration and your Account

Location Services

Fuel Services, Charging / Battery Swapping Services

Shopping Basket Services

Refunds

Payment

Discount and/or Promotional Offers

Referrals

Conditions of Access and Acceptable Use

Term and Termination

Feedback

Intellectual Property Rights

Third party services and content

Confidentiality

Your data and privacy

Representations and Warranties

Indemnities and Liability

Disclaimers

Disputes

General

Definitions

Contact

Interpretation