Terms & Conditions

Welcome and Thank You for choosing Evenon.

For your convenience, we have made the Terms of Service as straightforward as possible, including a short, non-binding summary followed by the full legal terms.


Summary

These terms are a binding agreement. Please read this agreement carefully before you use this platform. By using our site and/or mobile application you agree to be bound by everything in this Agreement and to the collection and use of the information outlined in Evenon's Privacy Policy, whether you are a registered user of our Services. If you do not agree, please do not use this website/platform.


Full Terms and Conditions

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Evenon.com website (the "Service") operated by Evenon ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using continuing using our digital platform/s including website https://www.evenonindia.com, you have agreed to comply with and are now bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you. If you disagree with any part of the terms, then kindly exit from our digital platform/s immediately and do not register.


Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Evenon.

Evenon has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Evenon shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.


Governing Law

These Terms shall be governed and construed in accordance with the laws of Thane, India, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


Changes

Evenon is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them.

The platform provided by us is to facilitate refuelling at a scheduled place and time. The ever-evolving interaction & technology requires us to maintain our pace & alter the user interface including these Terms & Conditions, which are therefore subject to change, modification, alteration without notice, at any time and you acknowledge that you shall be bound by such change/amendments in Terms & Conditions for continued use of our digital platform/s. Be sure to return to this page periodically to review the most current version of the Terms & Conditions. You shall, at all times, be responsible for regularly review the changes made in these terms and conditions and note the changes on the platform. Your continued use of this digital platform/s shall constitute an acceptance of all changes and the same shall be binding upon you. You also acknowledge that you are legally competent to perform and be bound by these Terms & Conditions under Indian Law.


Creating Accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service. If you discover or suspect any Service security breaches, please let us know as soon as possible.


Security of Your Information:

Please note that neither Evenon nor any of its employees would have access to the password that relates to your User Account on the Website. You shall be solely responsible for protecting your login credentials to the Website, and Evenon shall not be liable in any manner for unauthorised use of your login credentials. You shall be liable to Evenon for any loss suffered by Evenon as a result of the unauthorised use of your login credentials. In the event of any misuse or suspected misuse of the same, please notify Evenon at Fuel@Evenonenergy.com.

While Evenon shall seek to implement the best market practices and security policies for the protection of your personal information, it shall not be liable for theft or loss of data due to unauthorized access to the User's electronic devices.


Unauthorized Access

As part of the registration process through the Application or Website, you are bound to provide correct, complete, accurate, and up-to-date particulars. That the end customer and dealer shall be bound to provide identity proof of its principal officer/s along with registration proof of its entity whether a company, partnership firm, association, society, proprietorship concern, organization, individual, etc. In case of failure, it would amount to unauthorized access and you would be restrained from the use of Services. Evenon in its sole discretion may terminate your password, account (or any part thereof), or use of the Digital platform/s. You agree to notify Evenon immediately of any breach of security or unauthorized use of your mobile phone or computer systems used for assessing Evenon's Platform. Evenon shall not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Evenon or others due to any such unauthorized use or access. It is clarified that unauthorized access or use of this digital platform/s may give rise to a claim for breach/damages and/or may constitute a criminal offence. Any new feature added to or for augmenting the services is also subject to these Terms of Use. If you don't agree with the terms, please do not use the Services. Evenon reserves the right to restructure, suspend or withdraw this Application, website or user interface, at any time, without notice.


No Refunds for Membership Fees

Payments are nonrefundable, and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at Evenon's sole and absolute discretion. The provision of credits does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.


Application Stores

The Application can also be downloaded from third-party application stores, including Google Play and Apple App Store. You agree to comply with all third-party terms and conditions & privacy policy, if any, applicable to the use of the Application or related services. Evenon shall not be responsible for violation and infringement of any third party right, terms, and conditions in connection with the access, download, or installation of the Application by you.


Definitions

Dealer means and includes Evenon or any other authorized vendor of petroleum products including diesel and is competent to supply such products at the doorstep to the end customer in its mode of transportation.

End Customer – means and includes any person who has placed an order with the dealer for the purchase of such products as are available for supply including diesel and its supply at its place of operations, for its use & utilization. It specifically excludes any forward sale of any product, whether in part or whole. Product refers to all petroleum products which the Dealers are competent to offer & supply at the end customer's place of operation and having such quality specifications as may be specified under applicable law in this regard from time to time.

Platform means and includes the user interface provided by Evenon through its applications or its website/s. Place of Delivery – venue or location which is available with and under the control of end customer to securely and safely take delivery of product from the Dealer in compliance with the standard operating procedure.

Applicable laws mean and include any Central, State, or local laws, statutes, ordinances, rules, regulations, codes, by-laws, etc. including amendments, modifications thereto, any government notification, circulars, office orders, directives, guidelines, etc., or any government order or direction, judgment, decree or order of a judicial or a quasi-judicial authority whether in effect on the date of this Contract or thereafter applicable at any stage of the transaction or prior thereto or thereafter.


Services

It shall be your responsibility to ensure that any products, services, or information available through this digital platform/s meet your specific requirements before applying or using the same in any manner. The 'services' we provide or make available include a "Platform" for Users to facilitate refuelling & supply at a specified location on a scheduled time.

Evenon provides a platform that users can access through and identify itself by its Mobile Number which would then be verified. By using the Services, you have permitted us to contact you via SMS and/or other communication mediums. Evenon collects stores and uses data collected from you following its Privacy Policy. Evenon nowhere guarantees the availability of a dealer in & about each location. The End customer shall place its requirement through the platform, and which shall be linked with the nearest available dealer, thereafter upon confirmation of the order by both the entities, the dealer shall provide an estimated time of delivery. Evenon may provide an estimate of the total cost for facilitating the transaction, which would be subject to the final invoice raised by the dealer in name of the end customer.


Warranties

The end customer hereby warrants that it shall not know whether directly or indirectly provide any false, wrong or misleading information to or through Evenon's platform, it shall not indulge in the forward sale, it shall confirm the quality & quantity of the product before its delivery, it shall pay for the cost, delivery charges, and such other taxes or surcharge/cess as may be liable towards the delivery of the product, it shall ensure its requirement, applicability and usage of the material/product requested and shall not hold Evenon responsible for any loss or damage. The End Customer further represents that it has requisite space available with it and is also in compliance with all PESO guidelines parameters required for taking safe & secure delivery of the product in its location.

The Dealer shall comply with all applicable laws relating to and necessary for the supplying the product at the doorstep of the end customer, it shall not supply sub-standard/ deficient material, it shall maintain complete transparency of information & details of supply, it shall not mislead or cheat or provide false information, it shall maintain absolute safety standards at the time of delivery of the product.


Quality & Quantity Check

The end customer shall be free to request for quality test from the dealer before accepting the delivery of the product. The prescribed quality test is the density test which shall be performed at the request of the end customer by the Dealer before the supply of the product. Quantity can be checked through the 5L jar calibrated by the weights and measure department. It shall be the responsibility of the end customer to ensure the quality and quantity of the product being supplied by the dealer to the end customer. Evenon shall not be responsible for quality or quantity issues or disputes between the dealer and the end customer unless Evenon is the dealer in the transaction.


Delivery schedule

Upon placing your requirement using the platform of Evenon, a dealer will get in touch with you informing you about the expected schedule of delivery and the time range in which the product can be delivered to you subject to adherence to the standard operating procedure by you and pricing schedule including the cancellation policy. Once the order & Payment is made it shall be delivered as early as possible during the working hours only that is from 9 am to 6 pm if payment is done in the second half of the day then delivery will be planned during next working day and the price will be charged that of the delivery date.


Standard Operating Procedure

Both Dealer and end customers are bound and hereby undertake to adhere to standard operating procedures described by petroleum and explosive safety organization for safe, smooth, and secure delivery of products including diesel at the doorstep.


Cost/Pricing

The End user would be bound to pay for the services, delivery charges, and product ordered using the platform as per the prevailing price of the product. The price of the product is regulated by the Government of India and changes daily. The customer is bound to pay the price prevailing at the time of delivery, irrespective of the time of ordering. The cost of product and delivery charges shall be payable directly to the Dealer who shall issue an invoice of the same to the customer at the time of transaction upon receipt of payment towards delivery charges as well as the cost of the product. Evenon may also charge separately for use of its services to the end customer and dealer, with prior consent only, in case of refusal the services shall be terminated. Without the issuance of the Invoice, the end customer shall not be liable to pay any amount to the dealer.


Restrictions

Subject to the Terms and compliance of the Terms hereof Evenon shall grant you a license to use the Services provided that (a) You shall use the Application solely for your personal and lawful use only; (b) You will not allow any third parties on your behalf (i) to resell or charge others for use of the Application/website or products (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application/website of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application/website; and (c) you warrant to otherwise comply with the present terms. For the avoidance of any doubt, this License is personal, non-exclusive, non-transferable, non-sublicensable, revocable and a limited license to download and use the Application/website on a mobile device or system that you own or control.


Consent to Use of Data

By using the Services, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system, location, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services or other products (if any). We may use this information to improve our Service.


Contents

You shall not upload or cause to transmit post, send, and comment on, or store content that:

Violates or infringes any right or third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right

Is false, intentionally misleading, illegal or promotes illegal activity or that impersonates any other person or entity, including Evenon

Is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, disharmony or physical harm of any kind against any group or individual

Is harmful to minors in any way or targeted at persons under the age of 18

Spams or solicits Evenon users to purchase anything,

Requests any form of identification or illegal content from Evenon users

Interferes with the positive experience of other users of the Evenon platform, at Evenon's discretion. You agree not to use the Services to:

upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers)

disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack) attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining) Interfere with another user's use and enjoyment of the Services.

We have no obligation to delete content that you may find objectionable or offensive unless the same appears to be contravening any law. You are obliged to immediately bring to our notice any material or content which you feel may contravene with any law in force or someone's legitimate right including the right to privacy, for us to examine the same. You shall be liable for any consequences whatsoever resulting from anything transmitted or caused to be transmitted by you, to or through the application. You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the Third Party from which such Content originated. Evenon does not control or guarantee the accuracy, integrity, or quality of its Contents. We hold no responsibility if the user finds the Contents viewed with the help of a Third-Party Site is defamatory, unlawful, harmful, threatening, obscene, abusive, vulgar, libellous, invasive of another's privacy, hateful, or racially, ethnically, impersonate any person or entity, or otherwise objectionable. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. By using the Evenon Application/website or availing the services, you represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit the information you consider confidential. By submitting content on this digital platform/s: You agree to take responsibility for the content and accept that the content, including Review/s or Comments/s may be edited, deleted without notice or not used; and?

You grant us an irrevocable right to use, reproduce, amend, alter, moderate, adapt, publish and redistribute the content online and offline use we choose, including use in our promotional and advertising material.

You undertake not to falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted or upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; or upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or intentionally or unintentionally violate any applicable local, state, national or international law; or "stalk" or otherwise harass another member or user of the Digital platform/s.

Evenon reserves the right to send you periodic communications for sharing new updates with you. For the avoidance of doubt, it is clarified that any part of Your Content (viz. your messages, status updates, profile picture updates, files sent by you) stored by your contacts locally on their device may remain after you delete your account till it is deleted by such contacts. Similarly, any part of your Content, which is publicly available to other users of Evenon who are in their list of contacts have (i.e., the content included in the image uploaded by you and the associated timestamp) stored by your contacts may remain after you delete Your account till it is deleted by such contacts.


Information Collection and Use

For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.


Log Data

We want to inform you that whenever you visit our Service, we collect information that your browser sends to us which is called Log Data. This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser version, Service; of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.


Cookies

Cookies are files with a small amount of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer's hard drive. Our website uses these "cookies" to collect information and to improve our Service. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.


Information may be collected in several ways:

Active collection: This refers to the information that is actively provided by you while registering on the Website while placing an order for the procurement of the Product and so on, etc.

Passive Collection: This refers to the information that is gathered by Evenon using tracking tools like Google Analytics, Google Webmaster, browser cookies etc. for collecting information about your usage of our website. This information may be used by Evenon for internal research to understand User demographics, interests and behaviour to improve the functionality of the Website. This information may include the URL of the website that you visited just before visiting the Website or which one you go to after visiting the Website, your computer browser information, and your IP address.

While Evenon does not actively collect any information from persons who visit the Website but do not register themselves on it or avail of the Services, certain portions of this Privacy Policy would apply to such visitors as well.


Use of your personal information by Evenon:

To contact you: The contact information you provide would be used by Evenon to contact you for the confirmation of an order or any other Service.

To improve the quality of the Services: Evenon might use your information to improve the functionality of the Services and to ensure that its quality is maintained/bettered.

For security purposes: Evenon might use the information provided by you on the Website to protect our company, our customers, or our websites.

For marketing purposes: Evenon might send you information about special promotions or offers. Evenon might also notify you of new or improved features on the Website.

Transactional communications: Evenon may also contact you by way of emails or SMSs to confirm an order, confirm the payment of charges, etc. Evenon shall use your information only in a manner that is permitted by applicable law.


Sharing of information by Evenon with third parties:

Service Providers: Evenon shall share your information with persons whom Evenon has contracted with for assistance with performing the Services such as payment processors or transactional message processors.

Compliance with law: Evenon might share your information to respond to a court order or subpoena. Evenon may share your information if a government agency or investigatory body requests Evenon to do so.

Mergers and Acquisitions: If Evenon sells its business or hives of a portion of the same to a new entity, your personal information that is available on the Website may be transferred to the new entity.


Service Providers

We may employ third-party companies and individuals due to the following reasons:
• To facilitate our Service.
• To provide the Service on our behalf.
• To perform Service-related services. or
• To assist us in analyzing how our Service is used.

We want to inform our Service users that these third parties have access to their Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.


Relationship

The Contract is entered into between the Dealer and end-user/customer on a principal to principal basis. Evenon does not act as an agent or representative on part of either the end consumer or dealer (unless Evenon acts as the dealer). That either party that is the dealer or end-user/customer shall not have any right, power or authority either to assume or create any obligation of any kind, express or implied in the name of, or on behalf of Evenon or to bind Evenon in any manner whatsoever or enter into any contract or obligation, express or implied binding or purporting to bind Evenon for the payment of money or otherwise. Nothing stated herein would preclude Evenon to act as a dealer and to itself supply diesel to the end-user/customer as may be permissible under applicable laws.


Insurance

That it shall be the sole responsibility of the Dealer to ensure the whole activity and its various aspects including theft, burglary, fire, natural calamity, unrest, rioting, workmen, medical, etc. to the extent product are being transported, supplied & transferred to the end customer. The same shall be done by the dealer at its own cost against any & all eventualities like fire, flood, earthquake, unrest, strike, theft, etc. That such activity shall not include the eventuality which is caused by negligence on part of the end customer.


Termination

That upon breach of the terms or covenants herein specified or those applicable under the law, your relationship with Evenon shall be deemed to be automatically terminated. Evenon may otherwise also terminate your account at any given point of time at its sole discretion without any reason.


Modifications to the Application

Evenon reserves the right at any time and from time to time to interrupt, restrict (without cause and notice to You), modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without any notice. You agree that Evenon shall not be liable to you or any third party for any modification, suspension or discontinuance of the Application or the Site. It is again clarified that every effort is made to keep the Services running smoothly. However, Evenon takes no responsibility for, and will not be liable for any problem arising from services being temporarily being unavailable due to issues including technical issues beyond our control.


Data Charges

End-user is solely responsible for any mobile charges when using the Services including data charges for the use of the Services and/or updates or upgrades of new versions of the Services. The network provider should be contacted for any charges including data charges that may be levied by them before using the Services.


Third-Party Services

When you use a service or product offered by a third party, such as dealers or payment processing services offered by a third party (all together with the "Third Party Services"), that third party's terms will govern their relationship with you. Please read and understand those terms and investigate any features that are important to you before using a Third Party Service. Evenon 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. Evenon does not necessarily conduct a detailed review of and makes no promises about the Third Party Services and neither specifically endorses any of these third party services. You may be able to access third-party information through Evenon which are provided for your convenience and they do not signify that we endorse the contents of the said Dealer or application/s and Evenon 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 Evenon 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 these digital platform/s may also include links to other digital platforms/ss. These links are provided for your convenience to provide further information. They do not signify that we endorse the contents of the said digital platform/s(s)/blogs and Evenon 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

Evenon may reward its Registered Users upon the use of the platform or for participating by way of submitting their Reviews or Comments on the Digital platform/s. Any Reward awarded is subject to exclusive discretion and sole approval of contents by Evenon which shall be final. Participating Registered User, also, shall be bound by & subject to following – Any fraud, misconduct, abuse, or non-compliance of the participant to these Terms and Conditions and/or any other requirements communicated by Evenon to participants, may result in the disqualification of the Registered User.

If any person is subsequently discovered to be not entitled to redeem rewards, Evenon 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.

Evenon shall not be held liable for any submission delay, information loss, or error arising from any form of technical issues. Employees of Evenon, including its affiliated companies, and their relatives up to the second degree of consanguinity are not allowed to join this contest. Evenon partners and/or contributors are also not qualified to join.

In case of any dispute arising out of this promotion, the decision of Evenon shall be final. Evenon reserves the right to change these terms and conditions without prior notice.

Redemption of the Reward shall be made notification, either through Email of the Registered User as provided at the time of Registration or Evenon may ask the Registered User to collect the Reward from Evenon office subject to verification through an Identification Document (Egg. D/L, etc.)

If the reward is not claimed within 15 days of notification, through Email same shall be forfeited.

Rewards are subject to availability. Evenon 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 Evenon 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 Evenon to the winners.


Intellectual Property Rights

You acknowledge and agree that the Application, the Site, the Services, and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of Evenon and its licensors, as applicable. All content related to Evenon 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 Evenon 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 Evenon and is protected by applicable laws as stated above. All software used on the Site and the Application is the property of Evenon 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 Evenon graphics, logos, and service names are trademarks of Evenon or its affiliates. Evenon's trademarks may not be used in connection with any product or service that is not Evenon's, in any manner that is likely to confuse customers, or in any manner that disparages or discredits Evenon. Evenon's trademarks may not be used in connection with any product or service except as authorized by Evenon in writing.


Disclaimer of Warranties

You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, your use of the application is at your sole risk and discretion. The application is licensed "as-is," and "as available." You bear the risk of using it. Evenon gives no express warranties, guarantees, or conditions under or concerning the application. It is agreed that neither Evenon 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 has found on this Application or ordered through Evenon's platform. It is further agreed that the Evenon shall not be held responsible for any losses or damages or costs etc. which may result from the usage, reliance, etc. of any information accessed on its website, application, or received through Evenon. You agree not to seek to recover any damages, including consequential, loss of profits, special, indirect, or incidental damages from Evenon. Evenon makes no warranty against the interference of the application and related services; for losses or damages including any personal injury arising from or in any way related to your access or use of the application, use of any content/product, transmitted, or otherwise made available via the application or following a failure, suspension or withdrawal of all or part of the application at any time; any bugs, viruses, or the like which may be transmitted to or through our application or related services, that the application will be functional, uninterrupted, error-free or bug-free or meet your requirements; regarding the security, reliability or timeliness of the application; that any errors, bugs or failures in the application will be corrected. Accordingly, you expressly agree that the use of the application and related services is purely voluntary on your part, at your own risk, and therefore agree to bear any risk whatsoever and/or howsoever caused. Any content or material downloaded through your use of the application is at your discretion and risk and you will be solely responsible for any damage or loss of data occurring on your device or any other loss or damages of any kind resulting from the download and use of the application. No advice, course of conduct, or information, whether oral or written, obtained by you from Evenon or any party or through the application shall create any warranty unless expressly stated in these terms. Whilst Evenon shall undertake all reasonable efforts and due diligence to ensure security and integrity, Evenon shall, in particular, not be liable for the following: delay or errors in transmission and/or storage of information to or through Evenon that might occur from time to time; intrusion, distortion, loss of data, etc. due to act of any third party, failure of any software and/or hardware or telecommunication service provider(s) used by us or any other act beyond our reasonable control.


Limitation of Liability

To the maximum extent permitted by applicable laws, under no circumstance shall Evenon, its directors, employees, representatives or agents be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages, loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application or 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 Evenon or any or all of its agents have been advised of the possibility of such damages. It is further agreed that the Evenon 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 Evenon. It is stated and that the user is informed to verify the applicability or suitability of the information before use and the quality or quantity of the product before delivery.


Indemnification

You agree to indemnify, defend and hold harmless Evenon, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) Your access to or use of the Application, Site and related services; (ii) any breach by you of your obligations; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices under such violation; (v) Your negligence or willful misconduct. These obligations will survive the termination of your relationship with Evenon.


Dispute

If any dispute arises between the end customer or dealer or their agents, representatives, associates, etc. with Evenon, or about or/& arising from the use of the Evenon's platform, through application or website, then same shall be first tried to be resolved by way of mutual discussion, failing which it shall be referred for Arbitration to be conducted by sole Arbitrator to be appointed by Evenon in its sole discretion. That the place, venue, and seat of arbitration proceedings shall be Mumbai and its decision shall be binding upon the parties.


Redressal of Grievances

If a User has any questions or grievances regarding the Website, the contents thereof or the Services, the User may reach out to customer support at email address fuel@evenonindia.com (the "Grievance Officer"). The Grievance Officer shall address any complaint or grievance that is raised.


Force Majeure

Evenon 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 Evenon's reasonable control.


Interpretation & Severability

If any provision of these Site Terms & Conditions shall be deemed unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from the rest of the Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. For legal/statutory interpretation and reference, the English version of our digital platform/s including terms of use & privacy policy, as amended from time to time, shall prevail and be binding upon the parties.


Waiver

If we don't enforce our rights or any part of these Terms, it will not be considered as a waiver on our part.


Governing Law

These Terms of use, privacy policy and any matter concerning rights, obligations or liabilities between Evenon, dealer or end customer, including all matters relating to its validity, construction, performance, and enforcement, shall be governed by and construed by Indian law and the Arbitrator appointed by Evenon shall have the exclusive jurisdiction to try any dispute arising concerning these terms at Mumbai. You represent to Evenon that you are competent to enter a contract and You have read these terms, understood them, and agree to be bound by them.


Notices

All notices given to a User by Evenon or by a User to Evenon or another User shall be in writing and the English language. Such notice shall be sent by e-mail or mailed by a prepaid internationally recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party: Notice to Evenon: Email: admin@Evenonenergy.com Notice to User: At the email address provided by you at the time of registration on the Website.


Contact Us

If you have any questions about these terms, please contact us.