APP TERMS AND CONDITIONS
(1). Welcome to our application Happy Roads (‘App’). This App is published by or on behalf of BHARAT PETROLEUM CORPORATION LIMITED (‘Corporation’), a company incorporated in India under the provisions of the Companies Act, 1956, having its registered office situated at Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400 001, Maharashtra, India.
By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions (“Terms“) and our Privacy Policy. If you have any queries about the App or these Terms, you can contact us by any of the means set out in paragraph 20 of these Terms.
(2). The App is made available for your own, personal use. The App and data (‘Content’) therein must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable laws and Regulations of India and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
(3). You must create an account in order to use some of the features offered by the App, Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. You may also be able to register to use the App by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions. In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us. You acknowledge that any false claiming may cause the Corporation or third parties to incur substantial economic damages and losses for which you may be held liable and accountable. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for the purpose of transacting activities in your name on the Services. By creating an account, you agree to receive certain communications in connection with the App. You can opt-out or manage your preferences regarding non-essential communications through account settings
(4). You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
(5). You agree to defend, indemnify and hold the Corporation, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the App or its services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any content or other materials by you or Users authorized by you or any violation of these Terms and Conditions and/or any Applicable Law by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party). The Corporation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Corporation in asserting any available defense.
(6). The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to the Corporation or respective third parties. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without the Corporation’s or the respective third party’s express permission.
(7). The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by the Corporation or third party partners of the Corporation. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of the Corporation or the relevant third party partner of the Corporation.
(8). The App may contain links to websites operated by third parties (“Third Party Websites“). The Corporation does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents. Please note that your use of such Third Party Websites will be governed by the terms of service and privacy policy applicable to the corresponding third party. We do not screen or investigate third party material before or after including it on our App. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the App. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
(9). We take your privacy very seriously. The Corporation will only use your personal information in accordance with the terms of our privacy-policy.
(10). If you share or send any ideas, suggestions, changes or documents ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) the Corporation is under no obligation of confidentiality with respect to such Feedback, (iii) the Corporation may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against the Corporation and its officers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
(11). Use of the app is at your own risk. The app is provided on an “as is” basis. To the maximum extent permitted by law: (a) the corporation disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the app; and (b) all implied warranties, terms and conditions relating to the app (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability, quiet enjoyment and title are, as between future and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the app; or any damage or injury to users or their equipment as a result of or relating to their use of the app. Your statutory rights are not affected.
(12). To the fullest extent permitted by applicable law, in no event shall the corporation be liable to you for any damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the app, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, (vi) any loss of your data or content from the services (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the corporation is advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, (ix) your failure to keep your password or account details secure and confidential, (x) loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services. In no event shall the corporation be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
(13). Any dispute you have with any carrier, service provider, advertiser, or other third party, including without limitation any other user of the Happy Road service, is directly between you and such third party, and you irrevocably release Happy Road & the Corporation (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
(14). The Corporation reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
(15). These Terms (as amended from time to time) constitute the entire agreement between you and the Corporation concerning your use of the App.
(16). The Corporation reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App.
(17). These Terms shall be governed by and construed in accordance with laws of India and you agree to submit to the exclusive jurisdiction of the Court in Mumbai.
(18). If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
(19). Corporations’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Corporation in writing.
(20). You can contact us at support@bpclhappyroads.com