Fyool Application- Terms of Service

Effective ____, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING AN ACCOUNT, ACCESSING OR USING THE SERVICE OR FYOOL APPLICATION, INCLUDING ALL COMMUNICATIONS, SUBMITTING/SUBSCRIBING CONTENT, INFORMATION, PRODUCTS OR SERVICES AVAILABLE THEREIN, OR YOUR ACCOUNT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE AND OUR PRIVACY POLICY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND VATIKEN VENTURES PRIVATE LIMITED WITH RESPECTION TO THE SERVICE PROVIDED IN FYOOL APPLICATION, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICE THEREIN. IF YOU DO NOT AGREE TOALL OF THESE TERMS IN THEIR ENTIRETY, YOU SHALL NOT ACCESS OR USE THE SERVICE OR FYOOL APPLICATION.

These terms of use (“TOS”) apply to your access to, and use of, Fyool Application of Vatiken Ventures Private Limited, which is the an innovative cashback application which allows you to earn cashbacks whenever you purchase petrol, diesel or liquor etc., based on the photos of the bills you uploaded to Fyool Application, and purchase the relevant products using such cashbacks (the "Service"). If you are using Fyool Application on behalf of any other person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf, and you hereby agree to indemnify the Company in case of any liability arising out of the violation of terms of the present agreement.

All references in this Terms of Service to “Company”, "Fyool", "our", "us" or "we" refer to Vatiken Ventures Private Limited. All references in this policy to "Fyool Application" or "our Application" is to our application that are available to download on mobile devices from time to time. All references to “User”, “You” or “Your” in this Terms of Service shall means any person who access or avail the Services of the Company for through Fyool Application as per this Terms of Service. The TOS contained herein along with the Privacy Policy, form a legal binding Agreement regulating the relationship between the Company and you regarding the use of Service and hereinafter referred as “the Agreement”.

1. Scope of Service

Users of the Fyool Application may submit, upload photos, pictures of any petrol, diesel or liquor purchase bill within 60 minutes of generation of such bill (“User Content”), which will be stored by Fyool Application at the direction of such registered Users and Bill has to be clearly legible with original computerized bill. This Service offers secure private cloud storage for users when users register with a Fyool Application account.

2. Eligibility and Registration for Fyool Application Account

3.Cashback and redemption

Fyool Application is a cashback application which allows you to earn cashbacks whenever you purchase petrol, diesel or liquor etc. You have to upload a picture of the original computerized bill of petrol, diesel or liquor. Uploaded bill has to be clearly legible.

You will be eligible for cashback upon such uploaded bill amount. Cashback may not be credited for multiple reasons including but limited to:

After analyzing the bill and confirming eligibility and genuineness, the Cashback will be credited to your virtual account of Fyool application, and which can be used to redeem to make online purchase using the Fyool application.

The cashback credited shall be valid for a period of 30 days from the credit date, which may however be extended at the discretion of the Company. The Company shall not be liable for any loss or damage, whether direct or indirect, resulting from expiry of cashbacks.

The Company will not pay any cash in exchange of Cashback. Cashbacks are not transferable except from one Fyool User to another Fyool User up to the prescribed limited amount.

Cashbacks cannot be combined with any other rewards, offers or coupons, etc

YOU MAY REDEEM THE CASHBACK ONLY IN ACCORDANCE WITH THE REDEMPTION RULES PRESCRIBED BY US FROM TIME TO TIME.

Cashback schemes may be modified by the Company, at the sole discretion from time to time without intimation to you.

In case you have made a genuine transaction and did not receive a cashback, you can write to us at for the same at customer.support@fyool.in.

4.Product Purchased from Fyool Application

"Product/s" means the goods, services promoted / displayed on the Fyool Application and offered for any sale. You understand that Products may be limited in quantity and are subject to exchange and return as per our Return Policy. We would also like to inform you that we have made all effort to exhibit the accurate features and specifications of the Product.

If you purchase any product through Fyool Application, the Company will not be responsible for the product warranty, support, maintenance, and after sale service of the Product, if any, and any complaints you have about the Product. The Company shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Product you purchased and/or the use of the Product by you or by any user, including, but not limited to: (i) claims of breach of warranty or representation in the Product’s specification or explanation, or under applicable law, about the Product; (ii) product liability claims; and (iii) claims that any of the Product infringes any intellectual property rights or other right or interests of any third party. The Company is not responsible and not liable for the product liability of the Product you purchased through Fyool Application.

5. Payment and Refund

When you purchase on Fyool Application, you shall select or confirm your payment method. You must be authorized to use the payment method you select or confirm. You are responsible for the timely payment of all fees and for providing the Company with valid payment method information for payment of all fees. Your payment method may require us to send your charges to a third party, such as a payment processor.Your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s. The Company shall not be liable for any loss, damages inconvenience resulting from misuse of your ID/password/debit card/credit card number/bank account details in anyway.

Refund Policy: All returns of Product shall be subject to this return policy

6. User Obligation

The Service may be used and accessed for lawful purposes only. You agree to abide by all applicable laws and regulations in connection with your use of the Service and commit not to conduct, any of the following activities while using or accessing the Service:

7.Feedback

If User chose to provide any suggestions, review, recommendations comments, improvements, information, ideas or other feedback related the Service or Product (collectively, “Feedback”), User hereby grants the Company a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any such Feedback in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise, however The Company is not obligated to identify User as the source of the Feedback. Nothing contained herein shall limit the right of the Company to use, develop, evaluate, or market products, the Feedback.

8. Termination of TOS

The Company may change, suspend, cancel or discontinue the Service, delete features or any portion thereof, cancel or suspend your access to Fyool Application Service at any time and for any reason. Our cancellation or suspension may be without cause and/or without notice and without any liability.

After such a termination, or suspension, you understand and acknowledge that we will have no further obligation to provide the Service. To the fullest extent permitted by law, the Company shall not be liable to you or any third party for termination of the Service.

UPON ANY TERMINATION OR SUSPENSION, ANY USER CONTENT THAT YOU HAVE SUBMITTED IN CONNECTION WITH THE SERVICES OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU.

9. Third Party Links

The Company does not own or control over those links to third party websites contained in the Service. You agree that the Company assumes no responsibility for the availability of such external websites or resources, and does not endorse and is not responsible or liable for the content, advertising, products, privacy policies, or practices of any third party websites. Please note that all the products/services you use/avail from third party will be solely your and respective website’s responsibility.

By using the Service, you expressly relieve the Company from any and all liability arising from your use of any third-party website. You further acknowledge and agree that the Company shall not be responsible or liable, 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 third-party site or resource. We request you to carefully read the terms and conditions of third-party links before engaging.

10. Intellectual Property Rights and Ownership

The Company and its licensors own all rights, title and interest, including all worldwide intellectual property rights in the Service, the Company Content and the trademarks, service marks and logos contained therein other than your User Content. The Company reserves all rights not expressly granted in and to the Service and the Company Content. You agree not to engage in the use, copying, distribution or modification of any of the Company Content other than as expressly permitted herein, including any use, copying, distribution or modification of User Content of third parties obtained through the Service for any commercial purposes. Any rights not expressly granted herein are reserved by the Company.

The Company does not claim ownership rights in your User Content. However, by uploading, posting, emailing or otherwise transmitting any User Submission to Fyool Application, you hereby grant the Company a non-exclusive, worldwide, royalty-free, sub-licensable, transferable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, and otherwise exploit such User Content in any form, medium or technology including without limitation on third party websites. The Company will have no responsibility or liability for, and you are solely responsible for creating back-ups of, your User Content.

The Company has no ability and no obligation to monitor any User Content that are uploaded, posted, emailed or otherwise transmitted using Services for any purpose and as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Content or anything said, or written or otherwise communicated by users, including without limitation any information obtained by using the Service. The Company does not endorse any User Submission or any statement, opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Company with respect thereto.

If you believe that any User Submission or other content infringes upon your rights, you may submit a notification e-mail to customer.support@fyool.in

11.Privacy Policy

The protection of personal data provided by the user is of the highest priority for the Company. The Company makes every effort to ensure compliance with applicable data protection laws. Any personal information you post on the website and/or provide to us, shall be used in accordance with our Privacy Policy.

12. Disclaimer of Warranties

YOUR USE OF THE SERVICES, THE COMPANY CONTENT AND USER CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE, THE COMPANYCONTENT AND USER CONTENT, AND ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS AND SERVICE INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY FORM. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATE, ITS OFFICERS, DIRECTORS,AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED RELATING TO THE SERVICE, CONTENT AND PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE, SECURITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE, THE COMPANYCONTENT OR USER CONTENT OR ANY PORTION THEREOF;

YOU ACKNOWLEDGES THAT YOU UNDERSTAND THAT THE SERVICE WILL NOT BE UNINTERRUPTED OR ERROR FREE OR VIRUS FREE.

YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT WE WILL NOT BE LIABLE FOR THE FUNCTIONING AND NON-FUNCTIONING OF THE ANY THIRTY PARTY WEBSITES OR PLATFORMS. WE SHALL NOT BE LIABLE FOR ANY OFFER OR COUPON WHICH HAS TERMINATED OR INVALIDATED BY THE THIRD-PARTY SHOPPING SITES. WE SHALL NOT BE LIABLE FOR THE PRODUCTS SOLD BY THE THIRD-PARTYWEBSITES OR PLATFORMS.

UNLESS EXPRESSLY STATED OTHERWISE, THE COMPANY WILL NOT PROVIDE YOU WITH ANY SUPPORT FOR THE SERVICES OR THE PRODUCT. YOU ALSO UNDERSTAND CASH BACK IS A REWARD OFFER, WE ARE UNDER NO LIABILITY TO PROVIDE A CASHBACK. THIS CLAUSE SHALL SURVIVE ALL TERMINATION OR EXPIRY OF THIS AGREEMENT.

THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF ANY LOST OPPORTUNITY, ANY TECHNICAL INTERRUPTION, AND/OR ANY OTHER RELATED PROBLEMS, WHICH IS BEYOND THE COMPANY’S CONTROLS. THE SERVICE MAY BE POSTPONED OR DELAYED UPON HAPPENING OF ANY UNNATURAL AND UNUSUAL EVENT OR AN EVENT OF ANY FORCE MAJEURE. IN SUCH A SITUATION, THE COMPANY WILL TRY TO TAKE THE BEST POSSIBLE DECISIONS AT THAT TIME, BUT SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR DELAY.

The Company warrants that it does not have any relationship of any kind whatsoever with the manufacturers, retailer, suppliers, traders or distributors of the Product or petrol, diesel or liquor etc. Nothing contained in this Agreement or in Fyool Application shall be construed as any agency, partnership, distributorship, affiliation, joint venture or other form of business association, employment or fiduciary relationship of any kind whatsoever, between the Company, and manufacturers, retailers, suppliers, traders or distributors of the Product or petrol, diesel or liquor etc.

13. Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATE, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVEDAMAGES OF ANY KIND WHATSOEVER RESULTING FROM, OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF SERVICE, PRODUCTS.

You agree to defend, indemnify, and hold The Company, its affiliate, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’ fees and costs, arising out of or in any way connected with (i) your access to or use of the Service, The Company Content and User Content; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right. This clause will survive any termination or expiry of this Agreement.

14. Modification to the Terms of Service and Fyool Application.

The Company retains the right to modify any Terms of Use at any time. If we modify any terms or conditions of TOS, we will post a notice on Fyool Application or otherwise notify you that they have been modified. Modified TOS will be effective immediately after they are posted on the Fyool Application. If you do not agree to the modifications, then you must cancel and stop using Fyool Application immediately.

15. Claim Must Be Filed Within One Year

Any claim related to this Agreement shall be brought to us within one year from the date on which cause of action arose for first time for filing a claim. You agree and understand that you waive your right of the claim permanently, if it is not brought to us within the said period.

16. General.

These TOS shall be governed by the laws of India only. Any dispute, legal action or proceeding arising under or in connection with these Terms of Service must be brought exclusively in courts located in New Delhi.

In the event that any provision in these Terms of Service is held to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

Unless otherwise expressly mentioned in these Terms of Service, the failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver by such party of such right or provision.

You may not assign this Agreement without the prior written consent of the Company and any prohibited assignment will be null and void. The Company may assign these Terms of Service or any rights hereunder without your consent.

You agree that the TOS are not intended to confer and do not confer any rights or remedies upon any person other than you and the Company.

These Terms of Service together with our Privacy Policy constitute the entire agreement between the Company and you with respect to the subject matter hereof.

Any notice or other communication to be given with respect to the Agreement shall be in writing and given (a) by the Company via email (in each case to the address that you provide), (b) by you via email to customer.support@fyool.in.